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Statement

Following the recently adopted constitutional amendments, which changed the system for its formation, Turkey’s new Council of Judges and Prosecutors (HSYK) is sworn in today.

With four members appointed directly by the President of Turkey and seven members elected by Parliament without a procedure guaranteeing the involvement of all political parties and interests, I am concerned that the new composition of the HSYK does not offer adequate safeguards for the independence of the judiciary and considerably increases the risk of it being subjected to political influence.

To avert such risk, European standards foresee that at least half of the members of judicial councils that are in charge of overseeing the professional conduct of judges and prosecutors (including appointments, promotions, transfers, disciplinary measures and dismissals of judges and public prosecutors) should be elected by the judiciary from within the profession.

Against this background, I will follow the work of the HSYK and the extent to which it ensures in practice adherence to the rule of law and the independence of the judiciary, without which there can be no effective protection of human rights in Turkey.

Strasbourg 07/06/2017
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* On 16 March 2022, the Committee of Ministers adopted a decision by which the Russian Federation ceased to be a member of the Council of Europe, after 26 years of membership.
** All reference to Kosovo, whether to the territory, institutions or population, shall be understood in full compliance with United Nations Security Council Resolution 1244 (1999) and without prejudice to the status of Kosovo.