Turkey’s Judicial Purge Threatens the Rule of Law


Date posted: July 29, 2016

Noah Feldman

In the wake of the coup attempt, Turkish president Recep Tayyip Erdogan can hardly be blamed for purging the military. But firing 2,745 judges without any investigation or demonstrated connection to the coup is another matter. The action threatens the rule of law in Turkey going forward. And the way it was done signals some of the methods Erdogan can be expected to use in the weeks and months ahead.

Turkey is a constitutional democracy. If it sounds strange to you that the head of state could just fire judicial officials, your legal instincts are correct. Erdogan lacks that constitutional power — and technically, he didn’t exercise it.

The firing of the judges, which was reported on Saturday, July 16, just hours after the coup was put down, was the work of an entity called the High Council of Judges and Prosecutors. (The Turkish acronym is HSYK). The council is the entity with the constitutional responsibility for supervising and disciplining members of the legal system in Turkey.

Until 2010, the council had just seven members, appointed by the country’s highest appellate court and its council of state. The 2010 constitutional referendum, proposed by Erdogan’s AK Party and adopted by a vote of roughly 58% to 42%, expanded the Council to 22 members and broadened the appointment process. The increased membership and new selection criteria enabled Erdogan’s party to take control of the council.

That control was on display in the council’s rapid response to the coup. Not only did the council fire the judges; it also reportedly fired as many as 10 members of the council itself. If accurate, that would mean that 12 of the 22 members fired the other 10.

On the council’s website, the only indication of the weekend’s happenings is a brief announcement in Turkish suspending leave for all judges — presumably because the judiciary will now be extremely shorthanded.

Given the speed with which all this occurred, there was obviously no investigation to see if the fired judges were part of the coup attempt. Indeed, unlike some members of the armed forces, judges took no visible role in the coup. There were no public legal pronouncements issued in connection with it.

So what criterion was used to fire the judges? The most likely answer is that those fired were on a pre-existing enemies list created by the AK Party. That list almost certainly consisted of judges thought to be connected to the Gülen movement, a religiously inspired order that teaches a peaceful, service-oriented version of Islam. Its leader, Fethullah Gülen, was on good terms with Erdogan and his regime until 2013. Since then, the split between the Pennsylvania-based Gülen and the government has become extreme, marked by deep hatred and mutual paranoia.

Erdogan and his party are blaming the coup attempt on Gülen sympathizers. Whether this is true or not is difficult to determine from the outside, and is likely to remain so. Gülen himself denied any connection to the coup. But his denial included praise for the supposedly peaceful coup participants. That hinted that Gülen might believe they actually thought of themselves as his followers.

Regardless of whether the coup plotters were connected to Gülen, summarily firing judges is about the worst thing that could be imagined for the rule of law. The problem isn’t only that all remaining judges are now presumably AK loyalists, or that any independent-minded judge who might remain is now on notice that the price of disloyalty might be firing. The problem is deeper, because firing judges signals to the entire population that the legal system is now subject to partisan discipline.

Turkey under the AK Party has never been perfectly democratic. In recent years especially, Erdogan has grown increasingly authoritarian. But the courts have resisted Erdogan’s dominance more than most other public institutions — until now. A purged judiciary can be expected to function as a rubberstamp.

All this matters internationally as well as domestically. Turkey has been enmeshed in complex negotiations with the European Union in which the country has sought concessions, including visa-free entry to Europe for its citizens, in exchange for containing and keeping millions of Syrian refugees. The negotiations have stumbled over the question of proposed anti-terror laws in Turkey that European leaders deemed insufficiently democratic.

But nothing in those proposed laws came close to undercutting Turkey’s justice system like the judicial purge does. If they want to be consistent, European leaders should insist on the reinstatement of the fired judges, or at least case-by-case adjudication of their alleged wrongdoing. The U.S. should make similar demands on its NATO ally. The future of the rule of law in Turkey lies in the balance.

  1. News reports unanimously refer to those fired as “judges.” It seems probable that some of the 2,745 were in fact prosecutors, since it’s inconceivable that Erdogan would leave in office prosecutors he considered potentially hostile.

 

Source: Bloomberg , July 18, 2016


Related News

Ex-AK Party delegate slams persecution of Hizmet movement

There are few individuals in Turkish political history with such a long career as Haluk Özdalga. Having formerly served with the Democratic Left Party (DSP) and the Republican Peoples Party (CHP), Özdalga joined the AK Party (the ruling Justice and Development party) with high hopes for democracy in 2007.

Why is the Turkish PM Erdoğan having difficulty?

It may be surprising, but Prime Minister Recep Tayyip Erdoğan is boosting the polarization resulting from the prep school debate. Obviously, though, he is having trouble pursuing his goal. He took the time to give lengthy answers to reporters’ questions about the prep schools debate just before he flew to Russia and he directly engaged in polemics with the Gülen movement.

Bank Asya lawyers call upon B Group shareholders to join against seizure

Publicly traded Islamic bank Bank Asya’s owners have launched 100 cases against the seizure by regulators, with lawyer Süleyman Taşbaş emphasizing that lawsuits can also be filed on behalf of the 18,000 shareholders corresponding to the B Group shares.

Turkish Olympiad most effective promotion for Turkey, says FM

Turkish Foreign Minister Ahmet Davutoğlu has praised the 11th International Turkish Olympiad, a festival that celebrates the Turkish language, as the “most effective” instrument for promoting Turkey, while receiving students visiting Turkey as part of the Olympiad.   Davutoğlu said he has been a fan of the Turkish Olympiads for a long time, noting that […]

UNESCO Global Monitoring Report and Turkish Schools

The Turkish schools around the world offers practical perspectives and practices in redefining “the human” and his needs, reintegrating him into society, overcoming the physical and methodological obstacles to education and leading a robust performance in the path to global peace. Although the report correlates the education crisis at first glance with poverty and social background, education remains as the number-one problem, in a varying extent, in the developed countries as well. What needs to be done is to convey how the Turkish schools are tackling or minimizing many educational problems and, finally, to find out what aspects of the schools’ methods can apply to public schools.

Gov’t discriminates against Hizmet-affiliated private schools

Some private schools affiliated with the Hizmet movement, a faith-based social movement inspired by Islamic scholar Fethullah Gülen, have been prevented from accessing government incentives. According to an official list published by the Education Ministry on Monday, many high-achieving private schools did not make the cut to be eligible for financial aid from the government.

Latest News

Turkish inmate jailed over alleged Gülen links dies of heart attack in prison

Message of Condemnation and Condolences for Mass Shooting at Bondi Beach, Sydney

Media executive Hidayet Karaca marks 11th year in prison over alleged links to Gülen movement

ECtHR faults Turkey for convictions of 2,420 applicants over Gülen links in follow-up to 2023 judgment

New Book Exposes Erdoğan’s “Civil Death Project” Targeting the Hizmet Movement

European Human Rights Treaty Faces Legal And Political Tests

ECtHR rejects Turkey’s appeal, clearing path for retrials in Gülen-linked cases

Erdoğan’s Civil Death Project’ : The ‘politicide’ spanning more than a decade

Fethullah Gülen’s Vision and the Purpose of Hizmet

In Case You Missed It

Global Muslim networks: How far they have travelled

Bosnia rejects Turkey’s extradition request for journalist over Gülen links

Islamist daily published profiling story in 2010

Antioch came together over Iftar

Turkish PM calls for boycott of Gülen movement’s schools

Erdoğan confesses anti-Gülen witch-hunt has gone off track

Erdoğan draws ire from all segments of society over bid to close Turkish schools

Copyright 2026 Hizmet News