Threat to the independence of the Turkish judiciary

July 8th, 2016 § 0 comments

On 30 June 2016, the Turkish Parliament passed the draft “Law on the Amendment of the Codes of the Supreme Court and the Council of the State and other Codes”. As a result, all members of the Supreme Court and of the Council of the State will be shortly dismissed and replaced. The new law will also introduce changes into the system of appointment. New magistrates will have to be appointed by the High Council of Judges and Prosecutors (HSYK), which is reportedly made up of government-backed members. Furthermore, 24 members of the Council of State will be directly appointed by the President.

The CCBE is concerned with the impact that this new legislation will have on the independence of the judiciary at all levels, thereby undermining the separation of powers, the right to a fair trial and, more broadly, the rule of law.

For further information, please see the letter written by the CCBE on its concerns related to the recently adopted law.

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