Judicial Independence and the Rule of Law in Türkiye
Why Judicial Independence Matters in Türkiye?
An independent judiciary is one of the most important safeguards for protecting people from torture, ill-treatment, arbitrary detention and unfair trials. When judges and prosecutors are able to work freely and impartially, individuals have a better chance of defending their rights and obtaining justice. When the judiciary is exposed to political pressure, however, legal protections may exist only on paper.
This report examines concerns about the independence and impartiality of the judiciary in Türkiye. Although the Constitution and national laws formally protect judicial independence, the report argues that these principles are not always respected in practice. It draws attention to concerns about the influence of the executive branch, the appointment and dismissal of judges and prosecutors, and the failure to implement certain binding decisions of the Constitutional Court and the European Court of Human Rights.
One of the central issues discussed is the European Court of Human Rights judgment in Yüksel Yalçınkaya v. Türkiye. The judgment found violations related to the right to a fair trial, the principle that no one should be punished for an act that was not clearly defined as a crime, and freedom of association. The report argues that the judgment should be taken into account in other similar cases, including cases that are still pending and, where appropriate, cases that have already been finalized.
The report also questions the use of unclear expressions such as “relation,” “affiliation” or “contact” with terrorist organizations. According to the report, such terms may be interpreted too broadly and may result in criminal proceedings, professional dismissals or other serious consequences without sufficient clarity, evidence or legal safeguards.
The main message of the report is simple: written laws alone cannot guarantee justice. Judicial independence must also exist in everyday practice. The report therefore calls on Türkiye to implement the Yalçınkaya judgment, protect judges and prosecutors from undue influence, prevent arbitrary detention, and ensure that every person has access to a fair, independent and impartial judicial process.
Our Report: Torture and ill-Treatment in Turkey
