02 Juni 2023
Boiling the Frog
In the wake of Turkey's recent presidential elections, previous blogposts objected to characterizing authoritarian regimes such as Turkey, Hungary and India as ‘competitive’ solely by virtue of regular elections, which are formally free but fundamentally unfair. However, this blogpost argues that the prior ones missed the main problem in Turkey: The playing field in Turkey is not only “massively tilted in favor of Erdogan” now; it has always been tilted in favor of the majority – long before Erdoğan. This blogpost discusses the slow death of Turkish electoral competitiveness. First, I describe the politico-legal context that enabled Erdogan’s rise. Second, I contrast the developments in Turkey regarding election competitiveness to European legal standards and strikingly late political demands. Continue reading >>
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21 April 2021
How Many Times Can the ECtHR Turn its Head
In the ruling Ahmet Hüsrev Altan v. Turkey of 13 April, the European Court of Human Rights did not find an ulterior motive in the prolonged pre-trial detention of a journalist in Turkey. The Court also refused to find “pattern and tendency” in the treatment of civil society and independent journalism in Turkey. This approach is not limited to Article 18 case law: The Court’s entire jurisprudence on Turkey lacks systematic analysis. Continue reading >>
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09 September 2020
Why Robert Spano should resign as President of the ECtHR
On 3-5 September 2020, the ECtHR’s new president Robert Spano paid an official visit to Turkey. Spano’s visit is scandalous for multiple reasons and has caused serious damage to the reputation of the ECtHR that warrants his resignation. Continue reading >>27 März 2018
A Love Letter from Strasbourg to the Turkish Constitutional Court
We can all breathe a sigh of relief: Turkey’s constitutional complaint mechanism is an effective domestic remedy. Said the European Court of Human Rights in its March 20th rulings, speaking for the first time on the issue of prolonged pre-trial detentions since the July 2016 coup attempt in Turkey. These judgments reflect the ECtHR’s continuing preoccupation with its docket crisis despite the rapid consolidation of authoritarian rule in Turkey. Continue reading >>
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20 Februar 2018
Think Twice before Speaking of Constitutional Review in Turkey
German journalist Deniz Yücel has been freed from the Turkish prison he was held captive for a year. That the partial undoing of an unjust judicial decision had nothing to do with human rights, and everything to do with “diplomacy” – as Gabriel admitted – became all the more evident a few hours later. While one court in Istanbul released Yücel, another sentenced seven Turkish journalists to aggravated life in prison on charges of involvement in the failed coup attempt on 15 July 2016. In addition to being the first conviction of journalists in relation to the putsch attempt, the ruling is also remarkable due to its implications for Turkey’s constitutional regime. Continue reading >>
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