While certain high-level criminal courts in Turkey are constitutionally mandated, recent reports indicate their resistance to the European Court of Human Rights’ (ECHR) “Yalçınkaya” decision.
It has come to light that these courts are rejecting “retrial” requests from victims, even though they lack the necessary authority.
Taking action on this matter, the Netherlands-based human rights organization, Justice Square, is seeking these “rejection” decisions received from Turkish victims and plans to inform the Committee of Ministers of the Council of Europe, which has the power to oversee the implementation of ECHR decisions.
In accordance with Article 46 of the European Convention on Human Rights (ECHR) and Article 90 of the Turkish Constitution, the ECHR/Yalçınkaya decision’s implementation is obligatory.
Legal experts warn that if members of the judiciary persist in refusing to implement the decision, they could face administrative, criminal, and financial consequences.
Justice Square issued a statement via its social media account:
“In the aftermath of the ECHR’s Yalçınkaya decision, it has been noted that some high-level criminal courts are denying ‘retrial’ requests made by individuals in similar circumstances. To rectify this flawed practice and report it to the Committee of Ministers of the Council of Europe, which holds the authority to monitor the implementation of ECHR decisions, we require the rejection decisions related to retrial requests. Therefore, we kindly urge you to forward the rejection decisions concerning retrial requests to the email address info@justicesquare.org.”
