The HSYK member listed the international organizations that have criticized Turkey over government intrusion in the judiciary, which include the European Parliament (EP) in its Turkey progress report, Human Rights Watch (HRW), the Consultative Council of European Judges (CCJE
), the European Association of Judges (EAJ), the Venice Commission, the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the Group of States against Corruption (GRECO).
ySTANBUL (CyHAN)- The Consultative Council of European Judges (CCJE) has said that the suspension and arrest of judges in Turkey over their decision-making might endanger the impartiality and the independence of the judiciary, in a June 12 commentary on the arrests of judges Metin Euzcelik and Mustafa BaE-er because of their ruling for the release of Samanyolu Media Group CEO Hidayet Karaca and 63 police officers.
The CCJE, an advisory body of the Council of Europe on issues related to the independence, impartiality and competence of judges, released a commentary in response to letters of complaint sent to the Council of Europe by various international, European and national associations of judges about the cases of BaE-er and Euzcelik.
The CCJE has argued that the fundamental principles of the separation of powers, of the independence of the judiciary and of the personal independence of judges are necessary prerequisites for a democratic society that is governed by the rule of law.
The CCJE noted that the official performance of judges may give rise to criticism or even to disciplinary or criminal investigations but that these types of proceedings must follow the procedure set down by relevant acts of parliament.
All the relevant branches of the Council of Europe, such as the Parliamentary Assembly (PACE), the Venice Commission, the Consultative Council of European Judges (CCJE
), the European Court of Human Rights (ECtHR) and the Group of States against Corruption (GRECO), must closely engage with Turkey in order to help release the judiciary from the grip of Erdoy-an's authoritarian rule and start normalizing the functioning of an independent judiciary in the post-election period.
We have more guidelines from other institutions, such as the Consultative Council of European Judges (CCJE
), another advisory body of the CoE on issues related to the independence, impartiality and competence of judges, which also affect this issue.
Hamsici also underlined in his statement that most of the articles included in the bill violate international law, including the criteria set by the Venice Commission, the Council of Europe's (CoE) advisory board that seeks to uphold the constitutional principles of democracy, human rights and the rule of law, as well as some previous rulings of the Consultative Council of European Judges (CCJE
) and a decision of the Committee of Ministers of the CoE on the independence of judges.