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The European Court of Human Rights (ECtHR) handed down its ruling on 427 judges and prosecutors, including members of the Court of Cassation and Council of State, today (November 23).
The application was about the long periods of arrest or false imprisonment. The ECtHR has concluded that the Article 5/1 of the European Convention on Human Rights (ECHR) regarding false imprisonment and right to liberty and security has been violated. Every applicant will be paid 5 thousand Euro in damages, which accounts for 2 million 135 thousand Euro in total.
'FETÖ/PDY' defense by the government
The related judges and prosecutors were discharged from duty by a Statutory Decree issued after the failed coup attempt in Turkey on July 15, 2016, for which the "Fethullahist Terrorist Organization (FETÖ) / Parallel State Structure (PDY)" have been held accountable.
In its defense to the ECtHR, the government argued that the judges and prosecutors were dismissed by the Statutory Decree no. 667 on measures taken as part of the State of Emergency following the coup attempt on the grounds that they were members of the "FETÖ/PDY". It also said that they were "affiliated with the organization" and were caught red-handed.
The ECtHR has concluded that being caught "red-handed" is not the case here and that judges and prosecutors shall be dismissed from duty with a special procedure specified by the law, except for "being caught red-handed". (AS/SD)