Articles

    TRANSITION PROCESS FROM INDEPENDENT MEDIA TO REGIME MEDIA IN TURKEY

    Recently, the legal regulations and the established institutional structures in Turkey are used to abolish fundamental  rights instead of protecting and improving these ights. In this context, legal texts such as the Turkish…
    Articles

    VISIT TO CEMETERY AND PRAYER BECOME THE SUBJECT OF TERROR INVESTIGATION IN TURKEY

    The investigation process must be fair and equitable. The investigation must first of all be initiated with the suspicion of a crime. This suspicion of crime must also have reasonable grounds and legal…
    Articles

    THE PREVENTION OF THE RIGHT TO CONSULT WITH A LAWYER IS A VIOLATION OF THE RIGHT TO A FAIR TRIAL

    As a requirement of the right to a fair trial, the lawyer may meet with the suspect, except in exceptional cases, within the scope of the right to benefit from the assistance of…
    Actual

    THE UNITED NATIONS HUMAN RIGHTS COMMITTEE HAS DECIDED THAT TURKEY IS UNFAIR

    Human Rights Committee Views adopted by the Committee under the Optional Protocol, concerning communication No. 2980/2017*,**,*** Communication submitted by:                     İsmet Özçelik, Turgay Karaman and I.A. (represented by counsel, Walter Van Steenbrugge) Alleged victims:                                              …
    English

    Verdict of ECHR on Former Member of CC Alparslan Altan on 16 April 2019 Judicial Review of its Decision [1]

    INTRODUCTION On April 16, 2019, ECHR held an individual application lodged by the former member of the Constitutional Court (CC), Alparslan Altan, and decided that there had been two violations of the right…
    Nuri Sungur

    THE OHAL COMMISSION AS A DELAYING TACTIC

      Introduction The Commission on Examination of the State of Emergency Procedures (the Commission) was established with Legislative Decree No. 685, published on the Official Gazette on 23 January 2017. The decree in…
    Aziz Kamil Can

    Putschist Journalists

    It has been more than two years since the July 15 coup attempt. However, the “operation plan” which exists in every military coup or coup attempt throughout the history, has not showed up.…
    Aziz Kamil Can

    HYPOCRISY OF TURKISH CONSTITUTIONAL COURT AND THE ECtHR

    As seen in most of the totalitarian regimes, Turkey has also been abondened to a one-man rule. Transformation to the current situation from a country which was the strongest candidate to the European…
    Aziz Kamil Can

    PASSPORT UNLAWFULNESS AND THE DESPERATES SAILING TO DEATH

    When many children lost their lives in the capsized boat tragedies in Aegean Sea, one of the pro-government pool media columnists criticized and accused the victims of the crackdown on the Gulen Movement.…
    Weiser NİCHT

    Noah’s Pudding: Taste in the Unification of Differences*

    Ashura: Democratic Social Order of the Foods When I thought the developments in the Middle East region, somehow Ashura (Noah’s Pudding) came to my mind. As is known, Ashura is well-known desert and…
    Burak Kahraman

    Ultimate Aim, Knowledge and Willing in Armed Terrorist Organization

    Ultimate Aim Armed terrorist organization in terms of criminal law is regulated in the Article 314 of the Turkish Penal Code (TPC). According to this article, armed organizations are the organizations established “with…
    Weiser NİCHT

    BYLOCK: ENSLAVEMENT OF FREEDOMS IN TURKEY*

    Since attempted coup in Turkey dated July 15, 2016, government and judicial institutions continue a relentless witch hunt against opposition. Number of dismissed officials from the public sector exceeded hundreds of thousands long…
    Weiser NİCHT

    HUMAN RIGHTS AND SUPREME COURTS UNDER THE SHADOW OF PROCEDURAL PROVISIONS*

    Rulings of the Supreme Courts inappropriate  A few days ago, the European Court of Human Rights (ECHR) declared the appeal of Selahattin Encu & others’ (Appeal No: 49976/16, dated 17/05/2018) for Roboski Massacre,…
    Aziz Kamil Can

    PERCEPTION MANAGEMENT CAMPAIGN /PROPAGANDA OF (TURKISH PRO-GOVERNMENT) MEDIA ABOUT THE ECHR RULINGS

    Nowadays, in Turkey where every kind of human rights violation is observed,  the pro-government media, known as “Havuz Medyasi” in Turkish, literally “the pool media”, has been undertaking a well-organized campaign of perception…
    Cem Aydın

    Disproportionate Decisions of Intemperate Judges

    Every profession has an artistic value. Art is all methods describing and expressing an emotion, a design, a beauty or similar things. A member of a profession proves his/her success and competence through…
    Burak Kahraman

    BEING A WOMAN OR A CHILD IN PRISON

    The July 15 coup attempt remains shrouded in mystery. High-ranking political, military and intelligence officials who should be held accountable for the act are kept away from committees and courts, and the members…

    All English Articles

    • Nov- 2022 -
      22 November
      Articles

      AN IMPORTANT DECISION FROM THE UNITED NATIONS HUMAN RIGHTS COMMITTEE ABOUT THE ISSUES OF UNLAWFUL ARREST, THE VIOLATIONS OF THE RIGHT TO A FAIR TRIAL AND POOR PRISON CONDITIONS

      Dr. Bahadır ASLAN                                                                                                               The United Nations Human Rights Committee made an important decision in the file number 3736/2020 on the issues of wrongful arrest, poor prison conditions and the violation of the right to a fair trial. The application to the Committee was made by Mukadder Alakuş, a national of Türkiye born in 1971 who is currently held in Eskisehir Type L Closed Prison. Ms. Alakuş was…

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    • 16 November
      Articles

      AN ORGANISATION FALLING FURTHER BEHIND IN MEETING INTERNATIONAL STANDARDS; HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY

      Dr. Gökhan Güneş In this article, evaluations on the Human Rights and Equality Institution of Turkey (HREIT), which has been granted B status by the Global Network of National Human Rights Institutions, are given. 1.  Global Network of National Human Rights Institutions The Global Alliance of National Human Rights Institutions (GANHRI), a network of human rights institutions from around the world, was established in 1993. GANHRI supports national human rights…

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    • 13 November
      English

      TURKEY HAS BECOME THE CENTER OF ABDUCTIONS AND DISAPPEARANCES

      Acts of enforced abduction and disappearance are defined as a crime against humanity in Article 7 of the Rome Statute. Despite this, many acts of enforced abduction and disappearance have been carried out during the state of emergency in Turkey. Enforced abductions and disappearances have been organized systematically and widely by state officials within the framework of a certain plan. These illegal acts generally have targeted members of the Gülen…

      Read More »
    • 11 November
      English

      THE CONSTITUTIONAL COURT CONSTANTLY WHITEWASHING THE UNLAWFUL PRACTICES IN TURKEY HAS CRITICIZED THE LAWYERS

      Dr. Bahadır Aslan The Constitutional Court, which should be the protector of the Constitution and universal principles of law, rejected hundreds of thousands of individual applications due to rights violations without justification during the state of emergency (OHAL). In most of these decisions, apart from the application number, the subject of the application is not clear, and there is not even a single line of concrete justification in the decisions.…

      Read More »
    • 1 November
      Articles

      TRANSITION PROCESS FROM INDEPENDENT MEDIA TO REGIME MEDIA IN TURKEY

      Recently, the legal regulations and the established institutional structures in Turkey are used to abolish fundamental  rights instead of protecting and improving these ights. In this context, legal texts such as the Turkish Penal Code, the Anti-Terror Law and the Censorship Law, as well as institutions such as the Radio and Television Supreme Council (RTÜK), the Information Technologies and Communications Authority (BTK), and the Telecommunications Communication Presidency (TİB) have become…

      Read More »
    • Oct- 2022 -
      29 October

      VISIT TO CEMETERY AND PRAYER BECOME THE SUBJECT OF TERROR INVESTIGATION IN TURKEY

      The investigation process must be fair and equitable. The investigation must first of all be initiated with the suspicion of a crime. This suspicion of crime must also have reasonable grounds and legal evidence. The routine general social or economic behavior of people cannot be directly subject to a criminal investigation. It is a requirement of the right to a fair trial that the investigation is based on evidence and…

      Read More »
    • 26 October
      Articles

      THE PREVENTION OF THE RIGHT TO CONSULT WITH A LAWYER IS A VIOLATION OF THE RIGHT TO A FAIR TRIAL

      As a requirement of the right to a fair trial, the lawyer may meet with the suspect, except in exceptional cases, within the scope of the right to benefit from the assistance of a lawyer. Although this is the general rule, in practices of recent times, the investigative authorities have been rendering decisions contrary to the mandatory provision of the Law in the detentions made for the crimes specified in…

      Read More »
    • Jun- 2019 -
      2 June
      Actual

      THE UNITED NATIONS HUMAN RIGHTS COMMITTEE HAS DECIDED THAT TURKEY IS UNFAIR

      Human Rights Committee Views adopted by the Committee under the Optional Protocol, concerning communication No. 2980/2017*,**,*** Communication submitted by:                     İsmet Özçelik, Turgay Karaman and I.A. (represented by counsel, Walter Van Steenbrugge) Alleged victims:                                               The authors State party:                                                      Turkey Date of communication:                                12 May 2017 (initial submission) Document references:                                               Decision taken pursuant to rules 92 and 97 of the Committee’s rules of procedure, transmitted to the State party on 19…

      Read More »
    • May- 2019 -
      7 May
      English

      Verdict of ECHR on Former Member of CC Alparslan Altan on 16 April 2019 Judicial Review of its Decision [1]

      INTRODUCTION On April 16, 2019, ECHR held an individual application lodged by the former member of the Constitutional Court (CC), Alparslan Altan, and decided that there had been two violations of the right to liberty and security (Article 5). On the one hand, this decision concerns all judges and prosecutors arrested after July 15, 2016, while on the other hand, they contain justification for the vast majority of those arrested…

      Read More »
    • Dec- 2018 -
      22 December
      Nuri Sungur

      THE OHAL COMMISSION AS A DELAYING TACTIC

        Introduction The Commission on Examination of the State of Emergency Procedures (the Commission) was established with Legislative Decree No. 685, published on the Official Gazette on 23 January 2017. The decree in question stipulated the establishment, jurisdiction and purpose, and working principles and procedures of the Commission. Moreover, a Prime Ministry Circular published on the Official Gazette No. 30122 (Mukerrer), dated 12 July 2017 added detailed regulations with regard…

      Read More »
    • Nov- 2018 -
      30 November
      Aziz Kamil Can

      Putschist Journalists

      It has been more than two years since the July 15 coup attempt. However, the “operation plan” which exists in every military coup or coup attempt throughout the history, has not showed up. On top of that, lots of inexplicable (mysterious) events took place that night, but none of them has become clear. The self-proclaimed captive Chief of General Staff, force commanders, and MIT Chief, who was informed about the…

      Read More »
    • Oct- 2018 -
      24 October
      Aziz Kamil Can

      HYPOCRISY OF TURKISH CONSTITUTIONAL COURT AND THE ECtHR

      As seen in most of the totalitarian regimes, Turkey has also been abondened to a one-man rule. Transformation to the current situation from a country which was the strongest candidate to the European Union (EU) a decade ago was not only due to the efforts of the politicians. On the way from the EU acquis alignment to dictatorship, legal system and law enforcement cadres were the main tool. Neither the…

      Read More »
    • Sep- 2018 -
      16 September
      Aziz Kamil Can

      PASSPORT UNLAWFULNESS AND THE DESPERATES SAILING TO DEATH

      When many children lost their lives in the capsized boat tragedies in Aegean Sea, one of the pro-government pool media columnists criticized and accused the victims of the crackdown on the Gulen Movement. This columnist, ignorant of the realities in Turkey, is angry with the parents of these children who lost their lives on high seas, does not hesitate to insult their parents and asks them why they commit such…

      Read More »
    • Jul- 2018 -
      8 July
      Weiser NİCHT

      Noah’s Pudding: Taste in the Unification of Differences*

      Ashura: Democratic Social Order of the Foods When I thought the developments in the Middle East region, somehow Ashura (Noah’s Pudding) came to my mind. As is known, Ashura is well-known desert and a tradition in Anatolia and the Mesopotamia. Ashura has been celebrated since the Prophet Noah, folktale says. According to the story, when the ship went ashore after the flood, Noah brought together all food in the ship…

      Read More »
    • 8 July
      Burak Kahraman

      Ultimate Aim, Knowledge and Willing in Armed Terrorist Organization

      Ultimate Aim Armed terrorist organization in terms of criminal law is regulated in the Article 314 of the Turkish Penal Code (TPC). According to this article, armed organizations are the organizations established “with the purpose of committing the offences listed in parts four and five of this chapter.” The offences referred in the article are the ones between TPC Article 302 and 316. Then, the organizations aiming to commit the…

      Read More »
    • Jun- 2018 -
      18 June
      Weiser NİCHT

      BYLOCK: ENSLAVEMENT OF FREEDOMS IN TURKEY*

      Since attempted coup in Turkey dated July 15, 2016, government and judicial institutions continue a relentless witch hunt against opposition. Number of dismissed officials from the public sector exceeded hundreds of thousands long ago. It is doubles or triples when include private sector. Prisons have occupancy well above their capacities. Number of children and babies stay in prison with their mother long pass thousands. At the same time, the government…

      Read More »
    • 8 June
      Weiser NİCHT

      HUMAN RIGHTS AND SUPREME COURTS UNDER THE SHADOW OF PROCEDURAL PROVISIONS*

      Rulings of the Supreme Courts inappropriate  A few days ago, the European Court of Human Rights (ECHR) declared the appeal of Selahattin Encu & others’ (Appeal No: 49976/16, dated 17/05/2018) for Roboski Massacre, which had paramount implications both politically and socially, inadmissible suggesting that domestic remedies had not been exhausted. The appeal was ruled to be inadmissible on procedural grounds, without even being reviewed. Turkish Constitutional Court had found the…

      Read More »
    • 4 June
      Aziz Kamil Can

      PERCEPTION MANAGEMENT CAMPAIGN /PROPAGANDA OF (TURKISH PRO-GOVERNMENT) MEDIA ABOUT THE ECHR RULINGS

      Nowadays, in Turkey where every kind of human rights violation is observed,  the pro-government media, known as “Havuz Medyasi” in Turkish, literally “the pool media”, has been undertaking a well-organized campaign of perception management (to manipulate public opinion) about the rulings of the European Court of Human Rights (ECHR) on the appeals made to the ECHR (by the Turkish nationals whose rights have been violated by the government) There might…

      Read More »
    • May- 2018 -
      30 May
      Cem Aydın

      Disproportionate Decisions of Intemperate Judges

      Every profession has an artistic value. Art is all methods describing and expressing an emotion, a design, a beauty or similar things. A member of a profession proves his/her success and competence through the methods s/he uses. We evaluate an artist through the painting s/he does and a surgeon through the operation s/he performs. His/her performance of applying the specific principles of their occupation determines his/her accomplishment. The profession of…

      Read More »
    • 17 May
      Burak Kahraman

      BEING A WOMAN OR A CHILD IN PRISON

      The July 15 coup attempt remains shrouded in mystery. High-ranking political, military and intelligence officials who should be held accountable for the act are kept away from committees and courts, and the members of the junta still remain unidentified, despite the fact that two years have now passed. However, more than 17, 000 women, children and students along with more than a thousand babies have been placed in prisons and…

      Read More »
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