Visit of the President of the ECtHR to Turkey. Remarks on respect for the rule of law, democracy and freedom of expression!
The President of the Strasbourg Court, Robert Spano, paid an official visit to Turkey on 3-5 September 2020, accompanied by Saadet Yuksel, the elected Judge of Turkey, and Hasan Bakirci, Deputy Registrar. During his visit, he was received by Mr. Erdogan, President of the Turkish Republic.
During this meeting, President Spano discussed the situation in Turkey before the Court and recalled the principles set out in the European Convention on Human Rights.
He stressed the importance of the rule of law and democracy, and more specifically the need to ensure the independence of the judiciary and the freedom of expression. Mr Spano made it clear in his meetings that when the Strasbourg Court found a breach of the Convention, the Member States had a clear obligation to comply with that decision and to suffer the necessary consequences. This contributes significantly to the effective functioning of the ECHR system in the Council of Europe.
Speech at the Judicial Academy of Turkey
President Robert Spano, on 03.09.2020, gave a lecture on human rights at the Judicial Academy of Turkey on the subject of the independence of the judiciary and the rule of law. He stressed that in order for a state, to be a state ruled by the rule of law, it must inevitably enshrine the principle of legality or predictability, the principle of legal certainty, the principle of equality before the law, the principle that the executive can not have unlimited powers, the principle of the possibility of appealing before an independent and impartial tribunal and the right to a fair trial. These guarantees aim to protect the individual from arbitrariness, especially in his relations with the state. Laws should apply not only to citizens, but also to those who hold the reins of power, as no person is above the law.
Regarding the independence of the judiciary, the President characteristically stated that “without independent judges, the system of the Convention cannot function”. He clarified that the scope of application of this obligation according to Article 6 § 1 of the ECHR, is not limited to the courts, but also implies obligations for the executive, the legislature and any other state authority, which must respect and comply with the decisions of the courts, even when they do not agree with them.
He also emphasized the principle of subsidiarity between the internal legal systems and the ECtHR. However, he stated that subsidiarity is not realistic without strong, independent and impartial national courts integrated into a national system governed by the rule of law.
He stressed that he is convinced that judges who had received excellent training in the principles of the Convention and the case law of the Court were better prepared to respond to attacks on their independence and impartiality. As he characteristically stated: “We are a community of European judges who together, through important and courageous decisions taken at national and European level, ensure that the system of the Convention will thrive for the next 70 years.”
Lectures at Turkish Universities
President Robert Spano also spoke at major Turkish universities.
At the University of Istanbul on 04.09.2020, he stressed the fundamental role of academic freedom in democracy, as enshrined in Article 10 of the ECHR, and stressed that critical and independent thinking is particularly critical, as there can be no democracy without dialogue and disagreement. He invited the students to visit the European Court in Strasbourg, when the health crisis is over.
At Mardin Artuklu University on 05.09 / 2020, he spoke about pluralism and tolerance of different views, in connection with the guarantee of the right to freedom of thought, conscience and religion. He pointed out in particular that in democratic societies, in which many religions coexist within the same population, the state has a duty of neutrality and impartiality, while any assessment of the legitimacy of religious beliefs or the way they are practiced is incompatible with the Convention. It is an obligation to ensure mutual tolerance between groups on both sides, as pluralism and democracy are based on genuine recognition and respect for diversity. He stressed that this obligation is particularly important for people who have unpopular views or belong to minorities, because they are more vulnerable to any victimization.
President Spano closed his speech by saying: “I firmly believe that only together, as human beings who respect each other and with humanity, can we fulfill our common destiny, living together harmoniously in accordance with the rights and values envisioned and enshrined in the European Convention on Human Rights. “
