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

RTÜK issues fines to intimidate Samanyolu TV

The Supreme Board of Radio and Television (RTÜK) has been harassing TV networks that it deems to be anti-government, and Samanyolu TV has become one of its major targets. The fines have mostly come following the Dec. 17, 2013 corruption operation, in which several businessmen close to Prime Minister Recep Tayyip Erdoğan and the sons of three ministers were detained over corruption charges.

An NBA Center Faces Imprisonment And Possible Execution In Turkey

Normally, the Oklahoma City Thunder would be trying to find a replacement for Kevin Durant, or figure out how to get past the Golden State Warriors, San Antonio Spurs or Houston Rockets. They probably didn’t expect they’d have to struggle to keep their center Enes Kanter from being jailed and possibly executed in Turkey by an increasingly authoritarian leader.

“It was so cold, it felt like an arrow through my heart”

Τhis situation (Persecutions by the Turkish government) made us leave our homeland. Why would people throw their children in to the fire, throw their children into the water? I want people to think of the reason behind, why all this is happening.

Rethinking the state-people relationship [in Turkey]

We all know that Turkey has to solve a number of critical problems to become a democratic, pluralist and transparent state that is ruled by law. It would be a good start to ask who is going to have priority in the country: Is it the people or the state? Once you put the people at the center, rather than the state, then you have to accept that no way of life can be imposed on people.

Erdogan Purge Against Gulenists Could Prove Lucrative

The power struggle between the Turkish state and the Fethullah Gulen-led Hizmet Movement continues to reverberate in Turkey. The number detained, arrested, jailed, and dismissed from their jobs since the July 15 coup attempt has reached well over 100,000, 40,000 of whom have been detained on suspicion of having links with Hizmet. One third of the highest-ranking armed forces officers have been dismissed. Almost every major institution—military, judiciary, media, education, business—has been affected.

Congratulations to Fethullah Gulen and Izzettin Dogan

Taha Akyol The foundation of a social and cultural center comprising a mosque and cemevi in the same complex has been laid in Mamak district of Ankara. The mosque and cemevi will rise side by side in the complex on a land of approximately 35,000 ft2. The complex will consist of dede (socio-religious leader of […]

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

Thai students participating in Turkish Olympiads paid a visit to Thai Ambassador in Ankara

Ishik University To Educate Students About the Threats of [the so-called] Islamic State

A little fairness, please!

Turkish teacher kidnapped in Mongolia freed after authorities ground flight

Asylum for Fethullah Gulen Movement Supporters?

Top judge, paralysed after cancer surgery, under arrest at hospital

After 50 days, Turkish university director out of Malaysian jail with UN refugee card

Copyright 2026 Hizmet News