‘ECtHR President gave Constitutional Court the message of “Implement my rulings”’

* Photo: Artı Gerçek

Click to read the article in Turkish

Arriving in Turkey yesterday (September 3), European Court of Human Rights (ECtHR) President Robert Spano met with President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan.

While this meeting is heavily criticized by human rights defenders, he will also receive an honorary doctorate from İstanbul University today, which is also criticized by the academics discharged from the university by Statutory Decrees after the failed coup attempt on July 15, 2016.

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Former ECtHR Judge Rıza Türmen has spoken to bianet about these criticisms targeting Robert Spano.

According to Türmen, Spano's emphasis on "judicial independence" in his speech at the Justice Academy yesterday is an important warning to Turkey and he also gave the Constitutional Court, which does not implement the ECtHR rulings, the message of 'Implement the ECtHR rulings'."

Some highlights from former ECtHR Judge and former main opposition CHP MP Rıza Türmen's remarks are as follows:

'He is a judge who knows Turkey well'

"Such visits are normal. Robert Spano was elected in May 2020. Every newly elected president holds courtesy visits. So, it is normal. However, there is something about Spano: He was previously the President of the Second Chamber. The Second Chamber is the place where Turkey cases are heard and, for this reason, he knows human rights problems in Turkey quite well.

"You find the signature of Spano under all critical judgements concerning Turkey. It needs to be remembered that Spano is a judge who knows the problems of Turkey, lends support to democracy, human rights and rule of law defenders and makes efforts for this end.

'It is not solely a courtesy visit'

"When you look at his speech, it is understood that he is not here only for a courtesy visit. He also has some messages to give. You understand what these messages are from what he said at the Justice Academy.

"That message is the importance of being a rule of law. He says, 'In a rule of law, those in power cannot control the court.' He says, 'In a rule of law, an independent judiciary is the basis of the rule of law; if the judiciary is not independent, there cannot be a rule of law'.

"He says that 'in order for the judiciary to be independent, it is not solely enough to ensure the independence of judges, namely their recruitment, promotions, remuneration, training and investigations.'

"He says that 'there needs to be separation of powers in a country so that its judiciary can be independent.' He says, 'Judicial independence means the implementation of judiciary's judgements.'

"In its recent rulings, the Constitutional Court has rejected implementing the European Court of Human Rights rulings on discharged judges. And Spano finds it wrong and says it is unacceptable.

Message of independent judiciary

"Moreover, Spano's speech is a really interesting one. He reads the introductory paragraph to the Universal Declaration of Human Rights. This paragraph reads as follows: 'Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.' He says this, these are all very important.

"All these show that Spano gives a message to Turkey, or rather, to the government and ruling party officials. His meeting with the President was a closed-door meeting, but we understand from the statement of the ECtHR that he also underlined these points in his statements there.

'What he will say there is important'

"I can say the following about the honorary doctorate to be granted to him by İstanbul University: The program of a visit is done by the host, not by the guest. He perhaps did not really know what happened in that university until he accepted the offer. He perhaps learnt about it later on. But he has accepted it and what is done is done. He might know it or not.

"He may have seen it as something ceremonial. We know that if you visit somewhere, they can make you wear a gown and it might be too late when you learn about it. But what is important here is the speech that he will hold at the doctorate ceremony. On the other side, Spano will hold unofficial meetings and he will meet İstanbul Bar Association Chair Mahmet Durakoğlu and Mardin Bar Association Chair.

'He tells Constitutional Court: "Implement my rulings"'

"When I was at the ECtHR, we also made several visits. In such cases, depending on the personality of the president, he or she might think, 'Let's not go into sinister issues' or -as the president of the court- he or she might say that the judiciary needs to be reinforced. Spano is in the second group. I mean, with what he says, Spano indicates that the judiciary is not independent in Turkey. And this is important in that respect.

"According to the European Convention on Human Rights (ECHR), domestic authorities are obligated to implement the rulings. In the event of a failure to do so, the ECtHR intervenes. But in order for this system to be able to function, domestic justice needs to be independent. If it is not independent, the complementary role of the ECtHR loses its meaning. Spano underlined this in his speech. Moreover, he gave the Constitutional Court the message of 'Implement my rulings.' I find it very positive.

Do you think it will have an effect?

"I think the visit needs to be effective. Justice Minister said they were working on the Human Rights Action Plan. In this action plan, in order to create an independent judiciary above all else and to prevent human rights abuses, there is a need for an independent judiciary and rule of law." (NÖ/SD)