After violent attempted coup, Turkish authorities must strengthen, not weaken, rule of law and independence of judiciary, says ODIHR Director Link

WARSAW, 21 July 2016 - Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), today underlined that the principles of rule of law, democracy and respect for human rights need to be upheld in Turkey, following the attempted coup.

“Any attempt to overthrow democratically elected leaders is unacceptable and is to be condemned. In responding to these unconstitutional events, however, all actions by the Turkish authorities must not exceed the legal framework of the Turkish Constitution and Turkey's international human right commitments,” said Director Link. “In investigating these events and holding responsible those who have attempted the coup, the authorities must ensure that human rights standards, due process, fair trial rights and respect for the independence of the judiciary are respected. Talk by authorities of a possible reintroduction of the death penalty and the summary firing of thousands of judges are clearly crossing the line of existing legal standards."

The ODIHR Director’s statement follows reports that thousands of judges and prosecutors across the country were detained, arrested or dismissed from their positions immediately after the failed coup attempt.

“These actions raise serious concerns regarding the Turkish authorities' respect for the rule of law and the independence of the judiciary. Also the newly announced three-month state of emergency cannot legitimize disproportional measures, such as, among many others, the recently announced work-travel ban on academics,” Director Link said.

At the OSCE summit in Istanbul in 1999, OSCE participating States agreed to promote the development of independent judicial systems. This principle is further stressed in other OSCE commitments that call upon participating States to respect judges’ freedom of expression and association, guaranteed tenure and appropriate conditions of service, and the discipline, suspension and removal of judges according to law.

“ODIHR is ready to offer any assistance to Turkey in this challenging moment. Putting those who attempted the violent coup on trial is crucial,” said Director Link. “ODIHR is available to monitor these trials, in line with its existing and proven methodology. A Turkish invitation to the OSCE to monitor these trials would demonstrate Turkey's compliance with international standards, even in times of a state of emergency.”