Daily Archives: 26/08/2016

Turkey: 2,847 judges and prosecutors dismissed permanently

August 26, 2016

 

Today 2,847 judges and prosecutors were dismissed from the profession permenantly. None of the judges and prosecutors was given a right to defense themselves. Namely all colleagues were removed without having their defense.
Now the dismissed judges can appeal against the decision of the High Judicial Council to the Plenary of the High Council within 10 days. Then after having the result of this appeal judges have the right to appeal to the Council of State( supreme administrative court) within 60 days. Appeal in the supreme admin court will be 2 steps. After ultimate decision of the council of state judges can challenge, by complaints regarding human rights violation in the judicial and administrative process of dismissal, within 30 days before the Constitutional Court. If there is still no remedy judges may make an application to ECHR within 6 months.

This is the decision : http://www.hsyk.gov.tr/Eklentiler/files/karar.pdf
This is the list of the dismissed judges: http://www.hsyk.gov.tr/Eklentiler/files/liste.pdf

http://www.worldbulletin.net/headlines/176569/more-than-2800-judges-prosecutors-dismissed-in-turkey

http://www.laht.com/article.asp?ArticleId=2419461&CategoryId=12395

http://www.hurriyetdailynews.com/turkish-authorities-fire-over-2800-judges-prosecutors-as-anti-gulen-moves-continue.aspx?pageID=238&nID=103190&NewsCatID=509

http://www.dailysabah.com/investigations/2016/08/24/top-judicial-board-hsyk-dismisses-over-2800-judges-prosecutors-from-profession

(A further anonymous commentary: “The council did not give a right to defense any of those dismissed judges and prosecutors. Namely, the council decided on dismissal without having the judges’ defenses on the matter.
The council states in its decision that since it is concluded that there is coherence/junction and relation/link  between said judges and prosecutors and FETO/PDY organization dismissal of those judges and prosecutors is decided unanimously pursuant to the emergency decree numbered 667, article 3.
Notably, the council did not use the words  “members of the organization”. What I mean by that: the number of 2847 judges and prosecutors are accused of being members of terrorist organizations in the ongoing criminal investigation. However, the council avoided to prefer the word of “member”. It would rather using the words” link, junction and/or relation.
Despite of this preference in the decision, the Vice President of the Council, Mr. Mehmet Yilmaz, made public remarks by constantly using the word “member”. (http://www.gazetevatan.com/yilmaz-net-konustu-baska-kims-zarar-gormeyecek-979927-gundem/

He went a step further in his Twitter account, quoted “it was decided by the plenary of the council that the number of 2847 judges and prosecutors whom found members of the FETO terrorist organization were dismissed”https://mobile.twitter.com/mehmetyilmaz073
As a head of judicial administration, Mr.Mehmet Yilmaz already decided that 2847 judges are the members of a terrorist organisation. It purports at least 3 things:
1. Clear violation of the right not to be labeled as criminal, including bias
2. Pressure on the courts and prosecutors regarding the ongoing investigation
3. Violation of presumption of innocence

Let’s move to the grounds of the mass dismissal. The decision is made up of 61 pages with general comments and grounds. Nothing can be found referring specific facts attributable for each judges in the list. They ennumarate genaral grounds for everyone of us. So no one knows which ground is for which judge. Namely no one knows the allegation brought against himself or herself. These are the grounds:
1. The legal activities in the Justice Academy,
2. Attandance education in profession,
3. Attandance to English course,
4. Sending abroad for educational purposes,
5. Appointments to administrative duties such as directorate genaral, reporter judge in the ministry, head of departments in the ministry, inspector board administration,
6. Remarks in social media accounts,
7. Complaints sent to the Council regarding those judges,
8. Disciplinary and criminal investigation cases regarding those judges,
9. Queries in local areas of the judges,
10. Decisions of judges regarding FETO organisation cases,
11. The reports of police department,
12. The decisions of judges regarding removal of police officers whom considered members of the FETO,
13. The information regarding their social life,
14. Communication programs used by members of the organisation,
15. The reasoning in the recent detention orders and arrest warrant regarding judges,
16. Prosecution interrogation minutes,
17. The words of confessors”)

Egypt: Egypt: Court orders the release of Mr. Malek Adly

August 26, 2016

The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Egypt.

New information

The Observatory has been informed by reliable sources about the Court’s decision to release Mr.Malek Adly, a human rights lawyer working for the Egyptian Centre for Economic and Social Rights (ECESR) and co-funder of the Front of Defence for Egyptian Protesters (FDEP) who has been detained without formal charges and in solitary confinement in Mazraah Prison in Torah since May 5, 2016.

According to the information received, on August 25, 2016, the South Benha Criminal Court ordered the release without bail of Mr. Malek Adly, pending the outcome of investigations. The prosecution appealed the court’s decision and a review session is set for August 27, 2016. Meanwhile, Mr. Malek Adly will remain in prison until the final decision.

The Observatory welcomes the decision to release Malek Adly and requests the judicial authorities to uphold the decision and immediately and unconditionally release Mr. Malek Adly.

The Observatory further urges the authorities to drop all the charges against him and stop his harassment as it only seems to merely aim at sanctioning his legitimate human rights activities.

Until Mr. Malek Adly is released, the Observatory further urges the authorities to ensure that the proceedings and his conditions of detention are in compliance with international law standards.

http://www.omct.org/human-rights-defenders/urgent-interventions/egypt/2016/08/d23915/

Prosecution appeals Malek Adly’s release

#FreeMalekAdly #Free_Malek_Adly