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.
(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”)