The European Court of Human Rights (ECtHR) ruled on Tuesday that Turkey violated the right to a fair trial for 120 judges and prosecutors who were dismissed or forcibly reassigned as part of sweeping judicial restructuring efforts before and after the 2016 coup attempt.
The rulings, issued in three separate cases—Olcay and Others v. Turkey, Benli and Others v. Turkey, and Tosun and Others v. Turkey—found that Turkish authorities denied the affected judicial officials access to legal recourse, breaching Article 6 § 1 of the European Convention on Human Rights. The court ordered Turkey to pay a total of €356,400 ($383,000) in damages, along with tens of thousands of euros in legal fees.
Judicial Restructuring or Political Purge?
The cases highlight ongoing concerns over judicial independence in Turkey, where the government has been accused of using post-coup emergency measures to consolidate control over the judiciary.
In Olcay and Others, 30 judges from the Supreme Administrative Court (Council of State) lost their positions following the enactment of Law No. 6723, passed by Turkey’s Parliament on July 1, 2016, just two weeks before the coup attempt. The law, which took effect on July 23, immediately terminated the terms of all sitting judges except for a select group of senior officials. The ECtHR ruled that the judges had a legitimate claim to challenge their dismissals but were denied access to judicial review.
The Benli and Others case involved six judicial officials from the Ministry of Justice and the High Council of Judges and Prosecutors (HSYK), who were reassigned to distant provinces between 2014 and 2015 without any legal avenue to appeal their transfers. The court found that their forced reassignments significantly impacted their careers and violated their right to a fair trial.
In Tosun and Others, 84 judges from Turkey’s Supreme Court of Appeals (Court of Cassation) were dismissed under the same law, Law No. 6723, and never given the opportunity to appeal. Some were reassigned to lower judicial positions, while others were entirely removed from the legal profession.
The ECtHR referenced its landmark Sözen v. Turkey ruling in April 2024, which found that Turkey’s judicial restructuring measures severely undermined judicial independence.
ECtHR Orders Turkey to Compensate Affected Judges
The ECtHR ordered Turkey to pay each applicant between €2,500 and €3,000 in damages, along with additional compensation for legal costs. Under Article 46 of the European Convention on Human Rights, Turkey is obligated to comply with the ruling within three months.
However, Turkey’s track record of enforcing ECtHR decisions remains questionable. The government has previously ignored or delayed implementing rulings involving judicial independence, political dissent, and press freedom.
Legal and Political Fallout
Legal experts warn that this latest decision could strain Turkey’s relations with the Council of Europe, which has repeatedly criticized Ankara’s post-2016 judicial purges. Failure to comply with the ruling could result in diplomatic consequences or further legal challenges against Turkey in international courts.
The ruling also adds to growing concerns over the rule of law in Turkey, where courts have been accused of operating under political pressure. Critics argue that the government used Law No. 6723 to sideline independent judges and replace them with loyalists, effectively eroding judicial impartiality.
