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[REPORT] Failure of Strasbourg Against Turkish Encounter

Following the coup attempt in Turkey on 15 July 2016, a state of emergency (OHAL – in Turkish) was declared on 21 July 2016. On 23 July 2016, the first legislative decree, Emergency Decree Law (EDL) No. 667, was decreed by the Council of Ministers. As per Articles 3 and 4 of the EDL No. 667, “without right to defence for accused and with no respect to minimum safeguards”, the Executive was granted with the right to expel judges, prosecutors and civil servants from public offices . Moreover, the government dismissed tens of thousands of civil servants directly with EDL No. 667 and following legislative decrees by adding their names to lists appended in such decrees.

This report investigates controversial rulings of the European Court of Human Rights on cases arising from Turkey, particularly submitted by the tens of thousands of dismissed public servants. The report elaborates on ECtHR’s contradictory rulings with its own established standards.

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