15.

Takes note of Turkey’s adoption in 2021 of the fourth and fifth judicial packages which, although steps in the right direction, are modest and do not address the main concerns; asserts, however, that the current problems stem not only from problematic legislation, but are often caused by a failure and lack of political will to implement existing adequate provisions; remains concerned about the continuing erosion of the rule of law and judicial independence and impartiality in Turkey, coupled with the chilling effect of the mass dismissals carried out by the government in recent years as well as public statements by executives about ongoing judicial cases, which undermine the judiciary’s independence, impartiality and overall capacity to provide an effective remedy for human rights violations; notes with regret, in this context, that the judicial reforms do not tackle these fundamental shortcomings; stresses that this is an area of utmost concern, as it represents the cornerstone of a functioning democratic system that works for the service and benefit of the population; notes the appointment to the Turkish Constitutional Court in January 2021 of a judge who had served just 20 days on the Court of Cassation and had previously acted as Istanbul Chief Public Prosecutor, where he was involved in the controversial cases brought against Osman Kavala, the Gezi Park protestors, and the journalists Can Dündar and Erdem Gül, among others; points out that the Council of Judges and Prosecutors (HSK) is the main element of concern with regard to the lack of judicial independence; reiterates its call for the shortcomings in the structure and selection process for members of this council to be addressed with a view to ensuring its independence and putting an end to its arbitrary decisions; strongly condemns the dismissals and forced removals of a large number of Turkish judges and prosecutors; recalls that any dismissals and appointments within the judiciary should be subjected to particularly exacting scrutiny, that the executive branch must be prohibited from interfering with or attempting to exert influence over the judiciary and that the appointment of the judiciary must respect the principles of independence and impartiality; is appalled by reports of a pattern of persecution of lawyers representing individuals accused of terrorism whereby the lawyers were prosecuted for the same crime as that attributed to their client, or a related crime, in a context where this constituted a clear obstacle to the enjoyment of the right to a fair trial and access to justice; urges the Turkish Government to guarantee the independent work of lawyers and to release anyone illegally detained simply for performing their legal duties; notes with deep concern that, despite the formal lifting of the state of emergency in July 2018, its impact on democracy and fundamental rights continues to be strongly felt and is still impacting many individuals, among the more than 152 000 civil servants, including teachers, doctors, academics (for peace), lawyers, judges and prosecutors, who were arbitrarily dismissed and permanently banned from working in the public sector or even in their profession as a whole; stresses that many of these dismissals continue to have devastating effects on those dismissed as well as their families, including a lasting social and professional stigma; has serious doubts about the functioning of the Inquiry Commission on the State of Emergency Measures as a mechanism for internal remedy due to its lack of independence and impartiality; notes that the arbitrary cancellations of passports, despite some incremental improvements, remain a major breach of the freedom of movement;