Articles

    AFTER 15 JULY, VIOLATION JUDGEMENTS AGAINST TURKEY BY THE ECtHR

    In the light of these judgements, which contain the most fundamental determinations regarding universal law and constitutional guarantees, we hope that this study prepared by Justice Square will be useful in the hope…
    Articles

    TÜRKİYE’DE 15 TEMMUZ SONRASI İŞLENEN NEFRET SUÇLARI

    Bilindiği üzere, 15 Temmuz darbe girişimi sonrası başta Gülen Hareketi mensupları olmak üzere muhalif kesime yönelik başlatılan soruşturmalarda sistematik ve toplu gözaltı ve tutuklama kararları verilmiş ve adeta rejim mahkemelerine dönüşen yargı mercilerince…
    English Articles

    DEPREM SONRASI BAŞVURULACAK ADLİ VE İDARİ YOLLAR

    Türkiye’de 06.02.2023 tarihinde Kahramanmaraş, Gaziantep, Şanlıurfa, Diyarbakır, Adana, Adıyaman, Osmaniye, Hatay, Kilis, Malatya ve Elazığ illerimizde meydana gelen deprem felaketi nedeniyle aziz milletimizin acısını yürekten paylaşıyoruz. Depremden zarar gören vatandaşlarımızın hukukuna sahip çıkıldığı…
    Articles

    AİHM YALÇINKAYA/TURKİYE DOSYASI BÜYÜK DAİRE DURUŞMASININ DEĞERLENDİRMESİ

    Bilindiği üzere,  15 Temmuz darbe girişimi bahanesiyle kitlesel olarak Gülen Hareketi mensuplarına yönelik başlatılan hukuksuz soruşturmalarda ana delil olarak MİT’in kendi hazırladığı Teknik Raporda dahi harici yöntemler kullanılarak elde edildiği ve adli soruşturmalarda…
    Articles

    EXAMPLE OF A BAD AND CONTRADICTIVE REPORT: HRW REPORT 2023

    Human Rights Watch released its 2023 Human Rights Report. As it has been done for years, they wrote in the Report: “There are no victims in Turkey except those who have experienced political…
    Dr. Gökhan Güneş

    INTERPRETATION OF THE COUNCIL OF STATE PROSECUTOR ON TERROR OFFENDERS IN BREACH OF THE PRESUMPTION OF INNOCENCE

    Hundreds of people have been declared terror criminals in advance and their fundamental rights have been violated with the lists created within the scope of the Bylaw on the Reward to Be given…
    Articles

    ON THE ILLEGALITY OF THE TERROR WANTED LIST PREPARED BY THE MINISTRY OF INTERIOR

    The Ministry of Interior has updated the “list of wanted terrorists” this week within the scope of terrorism and published it on the Ministry’s website http://www.terorarananlar.pol.tr/tarananlar. It is seen that many journalists, especially…
    Articles

    TURKISH JUDICIAL AUTHORITIES PROTECT TORTURERS

    Torture; refers to the systematic and unfair behavior of a public official against a person that is incompatible with human dignity and that will cause him to suffer physically or mentally, affect his…
    Articles

    THE COURT OF CASSATION UPHELD THE ACQUITMENT OF FORMER UNDERSECRETARY, BIROL ERDEM, WHO HAD BLACKLISTED THOUSANDS OF JUDGES AND PROSECUTORS

                                                                                                                                           The Birol Erdem decision announced by the Assembly of Criminal Chambers of the Court of Cassation has become the most discussed topic of this week. Birol Erdem, who still works…
    Articles

    UNITED NATIONS COMMITTEE ON HUMAN RIGHTS  DECISION  ABOUT GÖKHAN AÇIKOLLU

                                                                      A. GENERAL ASSESSMENT OF THE COMMITTEE’S DECISION The United Nations Human Rights Committee reached an important decision on unlawful detention, poor prison conditions and violation of the right to a fair trial…
    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…
    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…
    English Articles

    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…
    English Articles

    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…
    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 Articles

    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…

    All English Articles

    • Apr- 2023 -
      18 April
      Editor
      278

      AFTER 15 JULY, VIOLATION JUDGEMENTS AGAINST TURKEY BY THE ECtHR

      In the light of these judgements, which contain the most fundamental determinations regarding universal law and constitutional guarantees, we hope that this study prepared by Justice Square will be useful in the hope that the human rights violations in Turkey will end as soon as possible...

      Read More »
    • Mar- 2023 -
      2 March
      Articles
      Editor
      667

      TÜRKİYE’DE 15 TEMMUZ SONRASI İŞLENEN NEFRET SUÇLARI

      Bilindiği üzere, 15 Temmuz darbe girişimi sonrası başta Gülen Hareketi mensupları olmak üzere muhalif kesime yönelik başlatılan soruşturmalarda sistematik ve toplu gözaltı ve tutuklama kararları verilmiş ve adeta rejim mahkemelerine dönüşen yargı mercilerince ağır cezalara çarptırılmışlardır. Bu hukuksuz süreçte insanların en temel hakları olan özgürlük ve güvenlik ile adil yargılanma hakları bir devlet politikası olarak ellerinden alınırken gerek ceza evlerinde ve gerekse sivil hayatta bu nefret politikasının etkisi ile sivil…

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    • Feb- 2023 -
      20 February
      Editor
      5,582

      DEPREM SONRASI BAŞVURULACAK ADLİ VE İDARİ YOLLAR

      Türkiye’de 06.02.2023 tarihinde Kahramanmaraş, Gaziantep, Şanlıurfa, Diyarbakır, Adana, Adıyaman, Osmaniye, Hatay, Kilis, Malatya ve Elazığ illerimizde meydana gelen deprem felaketi nedeniyle aziz milletimizin acısını yürekten paylaşıyoruz. Depremden zarar gören vatandaşlarımızın hukukuna sahip çıkıldığı ve depremin felakete dönüşmesinde ihmali olanlardan hesap sorulduğu bir sürecin işletilmesini arzu ediyoruz. Bu dilek ve temennilerle bu sürece katkı sağlama adına Justice Square bünyesinde gönüllü faaliyet gösteren hukukçuların katkılarıyla hazırlanmış bu çalışmanın faydalı olması dileğiyle…  

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    • Jan- 2023 -
      19 January
      Articles
      Editor
      1,583

      AİHM YALÇINKAYA/TURKİYE DOSYASI BÜYÜK DAİRE DURUŞMASININ DEĞERLENDİRMESİ

      Bilindiği üzere,  15 Temmuz darbe girişimi bahanesiyle kitlesel olarak Gülen Hareketi mensuplarına yönelik başlatılan hukuksuz soruşturmalarda ana delil olarak MİT’in kendi hazırladığı Teknik Raporda dahi harici yöntemler kullanılarak elde edildiği ve adli soruşturmalarda kullanılamayacağı belirtilen Bylock mesajlaşma programına ilişkin verilerdi. Bu hukuk aykırı yöntemlerle elde edilen ve hukuki güvenliği ve bütünlüğü bulunmayan bu verilerin 5271 sayılı CMK’nın 206 ve 217. Maddeleri gereğince ceza yargılamasında kullanılamayacağına ilişkin itirazlar yerel mahkemeler ve…

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    • 12 January
      Articles
      Editor
      97

      EXAMPLE OF A BAD AND CONTRADICTIVE REPORT: HRW REPORT 2023

      Human Rights Watch released its 2023 Human Rights Report. As it has been done for years, they wrote in the Report: “There are no victims in Turkey except those who have experienced political and ethnic victimization”. Blindness based on the victim’s identity has been revealed again! We know and see the political and ethnic grievances in Turkey. However, while two Kurdish citizens who were ill-treated in custody were mentioned by…

      Read More »
    • 10 January
      Dr. Gökhan Güneş
      Editor
      189

      INTERPRETATION OF THE COUNCIL OF STATE PROSECUTOR ON TERROR OFFENDERS IN BREACH OF THE PRESUMPTION OF INNOCENCE

      Hundreds of people have been declared terror criminals in advance and their fundamental rights have been violated with the lists created within the scope of the Bylaw on the Reward to Be given to Those Who Help Uncover Terror Offences or Seize Evidence or Apprehend Perpetrators of Crimes, which entered into force after being published in the Official Gazette dated 05/11/2019 and numbered 30939. The unlawful aspects of the “List…

      Read More »
    • 6 January
      Editor
      154

      ON THE ILLEGALITY OF THE TERROR WANTED LIST PREPARED BY THE MINISTRY OF INTERIOR

      The Ministry of Interior has updated the “list of wanted terrorists” this week within the scope of terrorism and published it on the Ministry’s website http://www.terorarananlar.pol.tr/tarananlar. It is seen that many journalists, especially Can Dündar, human rights activists, former judges and prosecutors, and lawyers, are on the list. The list includes a total of 971 people accused of being members of 19 different terrorist organizations. However, when we look at…

      Read More »
    • Dec- 2022 -
      29 December
      Articles
      Editor
      558

      TURKISH JUDICIAL AUTHORITIES PROTECT TORTURERS

      Torture; refers to the systematic and unfair behavior of a public official against a person that is incompatible with human dignity and that will cause him to suffer physically or mentally, affect his perception or willpower, and humiliate him. The crime of torture is regulated in Article 94 of the Turkish Penal Code (TPC), titled “Torture”. The article regulates the basic and aggravated forms of crime and the amount of…

      Read More »
    • 10 December
      Articles
      Editor
      218

      THE COURT OF CASSATION UPHELD THE ACQUITMENT OF FORMER UNDERSECRETARY, BIROL ERDEM, WHO HAD BLACKLISTED THOUSANDS OF JUDGES AND PROSECUTORS

                                                                                                                                             The Birol Erdem decision announced by the Assembly of Criminal Chambers of the Court of Cassation has become the most discussed topic of this week. Birol Erdem, who still works as the High Counselor of the Ministry of Justice, became a member of the Council of Judges and Prosecutors (HSK) on October 25, 2010 and served as the Undersecretary of the Ministry of Justice between November 21,…

      Read More »
    • 4 December
      Articles
      Editor
      188

      UNITED NATIONS COMMITTEE ON HUMAN RIGHTS  DECISION  ABOUT GÖKHAN AÇIKOLLU

                                                                        A. GENERAL ASSESSMENT OF THE COMMITTEE’S DECISION The United Nations Human Rights Committee reached an important decision on unlawful detention, poor prison conditions and violation of the right to a fair trial in the Mukadder Alakuş file numbered 3736/2020, which we discussed in our previous article.  the Committee particularly emphasized in its assessment about the applicant that taking some acts as the basis for the arrest and conviction as…

      Read More »
    • Nov- 2022 -
      22 November
      Articles
      Editor
      231

      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…

      Read More »
    • 16 November
      Articles
      Editor
      168

      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…

      Read More »
    • 13 November
      English Articles
      admin
      505

      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 Articles
      admin
      322

      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
      admin
      185

      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
      Editor
      177

      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
      Editor
      226

      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
      Editor
      998

      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…

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    • May- 2019 -
      7 May
      English Articles
      Aziz Kamil Can
      1,546

      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
      Nuri Sungur
      1,496

      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…

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