European Court of Human Rights Should Reconsider Judicial Independence in Turkey Before Referring Cases to Domestic Authorities

European Court of Human Rights Should Reconsider Judicial Independence in Turkey Before Referring Cases to Domestic Authorities

This position paper critically examines the European Court of Human Rights’ (ECtHR) approach to cases originating from Turkey, particularly in the aftermath of the events of July 15, 2016.

It argues that the ECtHR’s insistence on exhausting domestic remedies—specifically through the State of Emergency Inquiry Commission—is misguided, given the compromised state of judicial independence in Turkey.

The report highlights the ineffectiveness of domestic legal avenues for individuals dismissed or persecuted under emergency decrees and calls for the ECtHR to reassess its stance to ensure genuine access to justice for victims of human rights violations in Turkey.