Home / Gulen in the Press / In the News / EU Progress Report: Independence of Turkish Judiciary is Encroached

EU Progress Report: Independence of Turkish Judiciary is Encroached

According to the annual EU progress report published on November 10, 2015: “The independence of the judiciary and the principle of separation of powers have been undermined and judges and prosecutors have been under strong political pressure. The government’s campaign against the alleged ‘parallel structure’ within the state was actively pursued, at times encroaching on the independence of the judiciary. Substantial efforts are needed to restore and ensure its independence.
…Accusations of conspiracy by the executive in the fight against the ‘parallel structure’ led to a high number of judges being transferred against their will in the past two years. With the exception of dismissals, HSYK decisions such as transfers of judges against their will are not open to judicial review. A number of disciplinary and criminal cases against judges and prosecutors have lacked due process, and in some instances have been based on their rulings. This contradicted basic principles of the rule of law and considerably undermined the independence of the judiciary.
.. The then President of the Constitutional Court publicly expressed concern over pressure faced by the judges of high courts. Representatives of the executive have at times undermined the credibility of the judiciary by discrediting judges and prosecutors and accusing them of conspiracy and membership of an alleged ‘parallel structure’ under the influence of the Gülenist movement or lately also of a terrorist organisation.”
Moreover the report stated that “…TV channels of that media group were also lately removed from digital platforms. Two TV channels critical of the government were shut down by the police and printing of two dailies was stopped just before the repeat election in an operation targeting a holding due to its links with the Gulen Movement and under accusations of support to a ‘terror organisation’. The legality and proportionality of this operation raise serious concern.”
“…Merit-based principles for dismissals have been legally established and procedures are in place to allow dismissed civil servants to appeal. However, the recent dismissals and demotions of a significant number of civil servants in managerial positions on grounds of alleged participation in the ‘parallel structure’ within state institutions are a source of concern.”