Minister GÜL: All countries should cooperate in counter-terrorism 13.04.2018
Minister of Justice Abdulhamit Gül participated in the High-Level Conference on the reform of Human Rights Convention system in Copenhagen, Denmark.

Minister Gül called for cooperation in the counter-terrorism among the European countries, in Denmark, "I would like to insist that all countries should be in cooperation with each other in cases of irregular migration and counter-terrorism." 

Gül also had one-to-one talks in the conference and assessed the Conference and other visits. Minister of Justice Gül underlined that the European Court of Human Rights is one of the most important safeguards of the Council of Europe system that was founded to realize democratic safety, he noted that most of the problems within the Court's functioning stems from the dynamics outside the Court. Minister Gül stated that "Today we can observe that, most of the dynamics necessitating reforms are not independent from the political and economic developments in the European geography." 

Minister Gül emphasized that on the one hand, Turkey has prevented irregular migration and hosted about four million migrants and on the other, it has struggled with more than one terrorist organization particularly FETÖ, DAEŞ, PKK/PYD/YPG and DHKP-C, he called all countries to act sensitively on this matter.

NEW DIFFICULTIES HAVE EMERGED

Security concerns due to the old and new characteristics of terrorist activities and the balance between the dynamics of irregular migration and human rights protection emerged new difficulties for the states and noted "the efforts put in by the states constitute the main reason for the court reforms."

The Convention system prioritizes that the signatory countries resolve their own human rights problems in line with the fundamental principles in the national level and he said "Turkey has discharged any responsibility falling upon itself so far concerning the principle of subsidiarity."

TURKEY PROTECTS RIGHTS AND FREEDOMS IN THE DOMESTIC LAW

Gül reiterated that Turkey has decisively demonstrated the will for reforms even at more difficult periods and continued:

"Even though the FETO armed terrorist organization attempted the coup on 15 July against all our democratic institutions by the command of their leader in Pennsylvania, our fight against terrorism has been maintained in line with our international liabilities, human rights, democracy and the rule of law. In this respect, by the establishment of the State of Emergency Inquiry Commission, we made possible the oppositions against the decisions at the Decree Laws. ECtHR referred more than 30.000 applications to the Commission for the exhaustion of the new domestic legal remedy. Turkey protects the rights and freedoms of everyone within its border in the domestic law and in compliance with the international liabilities resulting from the Convention."

Minister Gül stated that another dimension of the principle of subsidiarity is to enforce the court decisions effectively and added "Additionally, the Committee of Ministers should be impartial while inspecting the enforcement of decisions and avoid political assessments. The scope of the court decisions should not be enlarged by interpretation and the discretionary right of the states should be respected."

Gül indicated that the Turkish government cooperated closely with all mechanisms of the Council of Europe in particular the Secretary General Thorbjorn Jagland and emphasized that it is very important to us to maintain the recruitment process for judges equally, transparently and consistently at every phase. Minister Gül said "In this regard, I believe that the advisory panel and the Parliamentary Assembly of the Council of Europe must respect the domestic legal regulations and choices of countries while making assessments."

In conclusion, Minister Gül indicated that the reform process requires an integrated and consistent approach as in the case of the protection of human rights and freedoms and he noted "If the political interests and concerns are considered of paramount importance compared to the legal principles and standards, this system that we founded may lose its impartiality and raison d'être."

Judiciary of Turkey