Turkey’s Judicial Purge Threatens the Rule of Law


Date posted: July 29, 2016

Noah Feldman

In the wake of the coup attempt, Turkish president Recep Tayyip Erdogan can hardly be blamed for purging the military. But firing 2,745 judges without any investigation or demonstrated connection to the coup is another matter. The action threatens the rule of law in Turkey going forward. And the way it was done signals some of the methods Erdogan can be expected to use in the weeks and months ahead.

Turkey is a constitutional democracy. If it sounds strange to you that the head of state could just fire judicial officials, your legal instincts are correct. Erdogan lacks that constitutional power — and technically, he didn’t exercise it.

The firing of the judges, which was reported on Saturday, July 16, just hours after the coup was put down, was the work of an entity called the High Council of Judges and Prosecutors. (The Turkish acronym is HSYK). The council is the entity with the constitutional responsibility for supervising and disciplining members of the legal system in Turkey.

Until 2010, the council had just seven members, appointed by the country’s highest appellate court and its council of state. The 2010 constitutional referendum, proposed by Erdogan’s AK Party and adopted by a vote of roughly 58% to 42%, expanded the Council to 22 members and broadened the appointment process. The increased membership and new selection criteria enabled Erdogan’s party to take control of the council.

That control was on display in the council’s rapid response to the coup. Not only did the council fire the judges; it also reportedly fired as many as 10 members of the council itself. If accurate, that would mean that 12 of the 22 members fired the other 10.

On the council’s website, the only indication of the weekend’s happenings is a brief announcement in Turkish suspending leave for all judges — presumably because the judiciary will now be extremely shorthanded.

Given the speed with which all this occurred, there was obviously no investigation to see if the fired judges were part of the coup attempt. Indeed, unlike some members of the armed forces, judges took no visible role in the coup. There were no public legal pronouncements issued in connection with it.

So what criterion was used to fire the judges? The most likely answer is that those fired were on a pre-existing enemies list created by the AK Party. That list almost certainly consisted of judges thought to be connected to the Gülen movement, a religiously inspired order that teaches a peaceful, service-oriented version of Islam. Its leader, Fethullah Gülen, was on good terms with Erdogan and his regime until 2013. Since then, the split between the Pennsylvania-based Gülen and the government has become extreme, marked by deep hatred and mutual paranoia.

Erdogan and his party are blaming the coup attempt on Gülen sympathizers. Whether this is true or not is difficult to determine from the outside, and is likely to remain so. Gülen himself denied any connection to the coup. But his denial included praise for the supposedly peaceful coup participants. That hinted that Gülen might believe they actually thought of themselves as his followers.

Regardless of whether the coup plotters were connected to Gülen, summarily firing judges is about the worst thing that could be imagined for the rule of law. The problem isn’t only that all remaining judges are now presumably AK loyalists, or that any independent-minded judge who might remain is now on notice that the price of disloyalty might be firing. The problem is deeper, because firing judges signals to the entire population that the legal system is now subject to partisan discipline.

Turkey under the AK Party has never been perfectly democratic. In recent years especially, Erdogan has grown increasingly authoritarian. But the courts have resisted Erdogan’s dominance more than most other public institutions — until now. A purged judiciary can be expected to function as a rubberstamp.

All this matters internationally as well as domestically. Turkey has been enmeshed in complex negotiations with the European Union in which the country has sought concessions, including visa-free entry to Europe for its citizens, in exchange for containing and keeping millions of Syrian refugees. The negotiations have stumbled over the question of proposed anti-terror laws in Turkey that European leaders deemed insufficiently democratic.

But nothing in those proposed laws came close to undercutting Turkey’s justice system like the judicial purge does. If they want to be consistent, European leaders should insist on the reinstatement of the fired judges, or at least case-by-case adjudication of their alleged wrongdoing. The U.S. should make similar demands on its NATO ally. The future of the rule of law in Turkey lies in the balance.

  1. News reports unanimously refer to those fired as “judges.” It seems probable that some of the 2,745 were in fact prosecutors, since it’s inconceivable that Erdogan would leave in office prosecutors he considered potentially hostile.

 

Source: Bloomberg , July 18, 2016


Related News

11 Gülen sympathizers held hostage at Saudi hotel deported to Turkey

Eleven Turkish nationals who were reportedly detained in Saudi Arabia on March 15 have been kept in a hotel in Madinah for weeks, waiting to be deported to Turkey, according to a letter sent to Turkeypurge.com.

White House concerned over arrest of Turkish journalists

White House has expressed concerns over the arrest of Turkish journalists, including Zaman daily editor-in-chief Ekrem Dumanlı, called on Ankara to conduct investigations in a manner consistent with the rule of law.

Gülen’s lawyer dismisses wiretapping claims

In his statement, Gülen’s lawyer Albayrak said the allegations which appeared in some newspapers is totally baseless and targets Gülen in an unfair way and demands punishment for the individuals who were involved such accusations

Turkish Olympiad students sing Kurdish, Turkish songs in Diyarbakır

İPEK ÜZÜM, DİYARBAKIR Students visiting Turkey from 140 countries for the 11th International Turkish Olympiad, a festival that celebrates the Turkish language and has brought together 2,000 students to Turkey this year, fascinated locals in the predominantly Kurdish city of Diyarbakır by singing songs in both the Kurdish and Turkish languages on Wednesday night.   […]

60-year-old Turkish villager detained after questioning gov’t coup narrative

Murat Gulen, a 60-year-old villager and a relative of Fethullah Gulen was detained after he was revealed questioning the government’s narrative over the July 15, 2016 coup attempt during a video interview by the pro-government Ihlas News Agency.

Ambassador says US having difficulty in seeing clear criterion in anti-Gülen operations

Speaking to a group of reporters in Istanbul on Friday, Bass said although the Turkish government insists that the anti-coup measures it has taken against followers of the Gülen movement are proportionate, it is difficult see that the Turkish government is taking its actions based on a clear criterion. Bass said the US was having difficulty in assessing whether the measures are proportionate and reasonable.

Latest News

Fethullah Gulen – man of education, peace and dialogue – passes away

Fethullah Gülen’s Condolence Message for South African Human Rights Defender Archbishop Desmond Tutu

Hizmet Movement Declares Core Values with Unified Voice

Ankara systematically tortures supporters of Gülen movement, Kurds, Turkey Tribunal rapporteurs say

Erdogan possessed by Pharaoh, Herod, Hitler spirits?

Devious Use of International Organizations to Persecute Dissidents Abroad: The Erdogan Case

A “Controlled Coup”: Erdogan’s Contribution to the Autocrats’ Playbook

Why is Turkey’s Erdogan persecuting the Gulen movement?

Purge-victim man sent back to prison over Gulen links despite stage 4 cancer diagnosis

In Case You Missed It

Police report accuses Gülen based on fabricated ‘gov’t media’ stories

Malaysia: Turkish wives say husbands not terrorists, want them released

Turkish-Kyrgyz educator’s abduction shows Ankara’s ruthless disregard for law: HRW

Who speaks for Islam in Turkey?

Germany Declines Turkish Request to Freeze Gulen Assets

Journalists and Writers Foundation holds media forum in Moscow

‘Humiliating people not allowed in Islam’

Copyright 2025 Insightful Neighbor