Submission to the UN Committee against Torture – Independence and Impartiality of the Judiciary in Türkiye
About this Submission
This page presents SRL Swiss’s formal submission to the United Nations Committee against Torture concerning the independence and impartiality of the judiciary in Türkiye. The submission examines judicial independence as an essential institutional safeguard for the prevention of torture, ill-treatment, arbitrary detention and other violations of fundamental rights.
Scope of the Submission
Prepared in June 2024 for consideration in connection with Türkiye’s fifth periodic report before the United Nations Committee against Torture at its 80th Session, held from 8 to 26 July 2024, the submission assesses whether the legal guarantees of judicial independence and impartiality are effectively implemented in practice.
The report addresses concerns relating to the independence of judges and prosecutors, the functioning of the Council of Judges and Prosecutors, access to effective judicial remedies, arbitrary detention, and the implementation of binding judgments of national and international courts.
Key Issues Addressed
A central part of the submission concerns the implementation of judgments of the European Court of Human Rights, including Yüksel Yalçınkaya v. Türkiye. The report examines the implications of that judgment for fair-trial guarantees, the principle of legality and similar proceedings before Turkish courts.
The submission also considers the use of broad or insufficiently defined concepts such as “relation,” “affiliation” and “contact” in judicial and administrative proceedings. It raises concerns about whether the use of such terminology provides sufficient legal certainty and safeguards against arbitrary interference with individual rights.
More broadly, the report examines the relationship between judicial independence and the effective prevention of torture and ill-treatment. It emphasizes that formal constitutional and legislative guarantees are not sufficient on their own and that judicial institutions must also operate independently and impartially in practice.
Through this submission, SRL Swiss seeks to contribute to the Committee’s examination of Türkiye’s compliance with its obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, particularly with regard to access to independent judicial review, effective legal safeguards and protection against arbitrary detention.
CAT REPORT- SSRL-Independence and Impartiality of the Judiciary in Turkey