SUBMISSION TO THE UN COMMITTEE AGAINST TORTURE
Judicial Independence and the Rule of Law in Turkey: Submission to the UN Committee against Torture
This submission examines the independence and impartiality of the judiciary in Turkey and their importance in preventing torture, ill-treatment, arbitrary detention, and other human-rights violations. Although Turkey’s Constitution and relevant legislation formally guarantee the independence of the Council of Judges and Prosecutors, the report argues that these guarantees are not sufficiently respected in practice. It highlights concerns about executive influence over judges and prosecutors, the replacement and disciplinary treatment of judicial officials, and the failure to implement certain binding decisions of the Constitutional Court and the European Court of Human Rights.
Particular attention is given to the European Court of Human Rights judgment in Yüksel Yalçınkaya v. Türkiye, which identified violations concerning the right to a fair trial, the principle of legality, and freedom of association. The submission argues that this judgment should be applied not only to the individual applicant but also to similar pending and finalized cases. It further expresses concern that arrests and prosecutions have continued on the basis of activities that may not, by themselves, constitute criminal conduct, including the use of ByLock, association membership, educational activities, and financial transactions.
The report also criticizes the use of vague and unpredictable concepts such as “relation,” “affiliation,” or “contact” with terrorist organizations as grounds for dismissals and criminal proceedings. According to the submission, such concepts do not provide individuals with sufficient legal clarity or access to effective procedural safeguards. It therefore calls on Turkey to implement the Yalçınkaya judgment, strengthen judicial independence in practice, end arbitrary arrests and detentions, and ensure that disciplinary and judicial decisions comply with legality, proportionality, and fair-trial standards.
Resorce: Independence and Impartiality of the Judiciary in Turkey
