, on Thursday said Turkey must implement in all ongoing and finalized trials a landmark European Court of Human Rights (ECtHR) ruling last year for a teacher convicted of terrorism due to his alleged links to the faith-based Gülen movement.){kind=link}
Mustafa Yeneroğlu, a lawmaker from the opposition Democracy and Progress Party (DEVA), on Thursday said Turkey must implement in all ongoing and finalized trials a landmark European Court of Human Rights (ECtHR) ruling last year for a teacher convicted of terrorism due to his alleged links to the faith-based Gülen movement.
Yeneroğlu criticized Turkey’s lack of adherence to the rule of law and highlighted the government’s failure to comply with decisions from both the ECtHR and the Constitutional Court.
The ECtHR’s Grand Chamber decided in September 2023 that Turkey had violated three articles of the European Convention on Human Rights in the case of former teacher Yüksel Yalçınkaya: Article 6, which concerns the right to a fair trial; Article 7 on no punishment without law; and Article 11 on freedom of assembly and association.
The Grand Chamber based its ruling on Yalçınkaya’s alleged use of the ByLock mobile phone app; membership in a labor union and an association affiliated with the faith-based Gülen movement; and having an account at the now-closed Bank Asya, which are all considered signs of membership in the Gülen movement and criminal evidence.
The Gülen movement, inspired by Muslim cleric Fethullah Gülen, is accused by the Turkish government and President Recep Tayyip Erdoğan of masterminding the failed coup and is labeled a “terrorist organization,” although the movement denies involvement in the coup attempt or any terrorist activity.
Yeneroğlu criticized the ongoing trials and finalized judgments that continue to punish individuals for similar activities. “The Yalçınkaya ruling must be applied to all ongoing and finalized cases,” he said. “Failure to do so only prolongs the injustice.”
He condemned dismissals carried out under emergency decrees (KHKs), describing them as “oppression” and insisting that true judicial reform must address these grievances.
“Ignoring the KHK oppression in any judicial reform package renders it meaningless. Unless these injustices are halted, claims of being a state upholding the rule of law are hollow,” he stated.
Turkey has recently requested an extension to submit an action plan for implementing the ECtHR’s judgment, postponing the deadline to August 1. Meanwhile, six Europe-based rights organizations have filed a petition with the Council of Europe’s Committee of Ministers to expedite supervision of Turkey’s compliance.
Despite the ECtHR ruling, detentions and prosecutions of alleged Gülen followers continue based on activities deemed criminal by Turkish courts but not by the ECtHR.
“The genuine and ideal solution is the proper implementation of the Yalçınkaya judgment to the ongoing cases and the reopening of similar cases that have already been brought before the European Court,” the rights groups said.