We are sharing the WGAD’s opinions adopted regarding Turkey’s detention practices under the Emergency Regime
Opinions & Judgments
Law no. 7242’s amendments worsen already existing injustice in Turkey’s criminal justice system. The notorious mob leader, Alaattin Cakici, was released as soon as President Erdogan approved the amendments, while the award winning author, Ahmet Altan, hundreds of lawyers and journalists, remain in prison. Considering that, only in Izmir (Buca) Prison, 65 inmates tested COVID19, this danger is not remote, imagined or simply feared but actual and imminent. Therefore, we must continue to advocate on their behalf to show they are not forsaken.
The German Federal Constitutional Court: Turkey highly likely will not respect minimum standards deriving from international law
The German Federal Constitutional Court (GFCC) decided a lower court’s decision ordering the extradition of an individual to Turkey violated German law and Germany’s obligation deriving from international law.
The GFCC ruled that Turkey highly will not respect minimum standards deriving from international law. Therefore, an extradition decision which relied on the assurances provided by the Turkish government that the prosecution was not based on political grounds was unlawful and thus should be annulled.
The UN Committee Against Torture: extradition to Turkey would constitute a breach of article 3 of the Convention.
The UN Committee decided that there was a substantial risk of torture for those who were thought to be members, or actually were members, of the Gulen movement, if they are extradited to Turkey.
Commissioner for HRs: Turkish Constitutional Court cannot be relied upon to remedy violations resulting from internet blocking
The Commissioner for Human Rights of the COE: as a result of the lack of compliance by lower courts with its case-law, the mismatch between its capacity and the number of blocking decisions routinely taken, and the undue delays it accumulated in dealing with these cases, the Constitutional Court cannot be relied upon to remedy violations resulting from internet blocking at present.