ECtHR decision regarding civil servants dismissed pursuant to decree laws 14.06.2017

ECtHR decision regarding civil servants dismissed pursuant to decree laws

 

Following the coup attempt of FETO/PDY terrorist organization on 15 July 2016, the civil servants who were deemed, by the National Security Council, to be member of, connected with or related to the structures, entities or groups which carried out activities against the national security of the State were dismissed from office through the Decree Laws issued under the state of emergency declared in compliance with Turkish Constitution and Turkey's international liabilities.

A great number of applications were filed to the European Court of Human Rights directly by the civil servants dismissed. In its Zihni/Turkey decision on 8 December 2016, the ECtHR stated that the applicant dismissed from public office through Decree Law No. 672 should first exhaust the domestic remedies and found the application inadmissible.

The Commission for the Review of Measures taken in Connection with the State of Emergency (Commission) was established under Decree Law No. 685 dated 2 January 2017. The members of the Commission were appointed on 16 May 2017 and the Commission started to function on 22 May 2017.

In line with the Zihni/Turkey decision mentioned above, the Ministry of Justice applied to the ECtHR in order to deny the pending applications of similar nature.  

Upon the application of a teacher (applicant) dismissed from public office through Decree Law No. 672, the ECtHR deemed the application inadmissible unanimously and denied it on the grounds that the applicant failed to exhaust the domestic remedies. In the mentioned Köksal/Turkey decision, the ECtHR considered the Commission for the Review of Measures taken in Connection with the State of Emergency as a new domestic remedy.

The ECtHR sets a precedent concerning the civil servants dismissed through Decree Laws. In the decision, it was underlined that, before applying to the ECtHR, applications should be first filed to the Commission; the decision of the Commission should be appealed before the administrative courts; and finally an individual application should be submitted to the Constitutional Court against the court decisions.  

Judiciary of Turkey