On April 23, 2024, the European Court of Human Rights (ECtHR) issued a major ruling, condemning Turkey for the “illegal” imprisonment of a United Nations judge.
The judge had been arrested in Turkey during the July 2016 coup attempt. The ECtHR ruled that the judge’s imprisonment contravenes the principle of diplomatic immunity, which protects diplomats and other international persons from arbitrary arrest and detention.
Turkish judge Aydin Sefla Akai, one of the judges of the United Nations Mechanism for International Tribunals (MTPI), was sentenced in 2017 to seven and a half years in prison for his involvement in the movement of the preacher Fethullah Gulen, who is accused of masterminding the coup attempt against power of the president Recep Tayyip Erdogan. Aydin Sefa Akai was imprisoned after his sentence was confirmed by the appeals court in 2021. “He is currently serving his sentence in Rize prison” (Rizunda), the ECtHR states in its decision.
According to the European court, “Mr. Akai was entitled to full diplomatic immunity, which includes the inviolability of his person, and should be protected from any form of arrest or detention throughout his mandate as a United Nations judge.” Therefore, “the temporary detention of Mr. Akai was illegal,” the judges judge, who ask Ankara to pay the plaintiff 21,100 euros for moral damages and 7,000 euros for costs and expenses.
With information from protothema, after the failed coup of July 15, 2016, the Turkish government had launched a crackdown on an unprecedented scale, firing or suspending more than 140,000 workers, including more than 4,000 judges, prosecutors and other members of the Ministry of Justice.
Judge Akai, who vehemently denies the charges, was convicted for having the Bylock encrypted messaging service on his mobile phone, which authorities say was used by the coup plotters. Turkey is one of the 46 states that have signed the European Convention on Human Rights, whose guarantor is the European Court of Human Rights.
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Table of Contents
- 1 Here are some potential People Also Ask (PAA) questions related to the topic of Turkey being condemned by the European Court of Human Rights for the illegal imprisonment of UN Judge Aydin Sefla Akai:
- 2 What impact does the European Court of Human Rights’ ruling on Aydin Sefa Akay’s imprisonment have on Turkey’s diplomatic relations and international standing?
Turkey Condemned by European Court of Human Rights for Illegal Imprisonment of UN Judge
In a landmark ruling on April 23, 2024, the European Court of Human Rights (ECtHR) condemned Turkey for the “illegal” imprisonment of a United Nations judge, Aydin Sefla Akai, who was arrested during the July 2016 coup attempt [[1]]. The ECtHR ruled that the judge’s imprisonment contravenes the principle of diplomatic immunity, which protects diplomats and other international persons from arbitrary arrest and detention.
Judge Akai, a Turkish national, was sentenced in 2017 to seven and a half years in prison for his alleged involvement in the movement of the preacher Fethullah Gulen, who is accused of masterminding the coup attempt against President Recep Tayyip Erdogan. The ECtHR stated that Akai was entitled to full diplomatic immunity, which includes the inviolability of his person, and should be protected from any form of arrest or detention throughout his mandate as a United Nations judge [[1]].
The ECtHR’s ruling is a significant blow to Turkey’s human rights record, which has been under scrutiny since the failed coup attempt in 2016. Following the coup, the Turkish government launched a crackdown on an unprecedented scale, firing or suspending more than 140,000 workers, including more than 4,000 judges, prosecutors, and other members of the Ministry of Justice [[1]].
Turkey has a history of non-compliance with ECtHR rulings, and this latest ruling is likely to further strain relations between Ankara and the European human rights body. According to a report by the Council of Europe, Turkey had the highest number of allocated and pending applications before the ECtHR in 2023 [[2]].
The ECtHR’s ruling has sparked concerns about the erosion of the rule of law in Turkey, where judges and prosecutors have been increasingly subject to political pressure and persecution. As a signatory to the European Convention on Human Rights, Turkey is bound to uphold the fundamental rights and freedoms enshrined in the Convention, including the right to a fair trial and the protection against arbitrary detention [[3]].
In its ruling, the ECtHR ordered Ankara to pay Judge Akai 21,100 euros for moral damages and 7,000 euros for costs and expenses. The ruling is a welcome development for human rights advocates, who have been calling for greater accountability from the Turkish government for its human rights abuses.
As Turkey continues to grapple with the legacy of the 2016 coup attempt, the ECtHR’s ruling serves as a timely reminder of the importance of upholding human rights and the rule of law. The international community must continue to hold Turkey accountable for its human rights record and ensure that justice is served for those who have been wrongfully accused and imprisoned.
References:
What impact does the European Court of Human Rights’ ruling on Aydin Sefa Akay’s imprisonment have on Turkey’s diplomatic relations and international standing?
Turkey Condemned by European Court of Human Rights for Illegal Imprisonment of UN Judge
In a landmark ruling on April 23, 2024, the European Court of Human Rights (ECtHR) condemned Turkey for the “illegal” imprisonment of a United Nations judge, Aydin Sefla Akai, who was arrested during the July 2016 coup attempt [[1]]. The ECtHR ruled that the judge’s imprisonment contravenes the principle of diplomatic immunity, which protects diplomats and other international persons from arbitrary arrest and detention.
The Case of Judge Akai
Judge Akai, a Turkish national, was sentenced in 2017 to seven and a half years in prison for his alleged involvement in the movement of the preacher Fethullah Gulen, who is accused of masterminding the coup attempt against President Recep Tayyip Erdogan. The ECtHR stated that Akai was entitled to full diplomatic immunity, which includes the inviolability of his person, and should be protected from any form of arrest or detention throughout his mandate as a United Nations judge [[1]].
Turkey’s Human Rights Record
The ECtHR’s ruling is a significant blow to Turkey’s human rights record, which has been under scrutiny since the failed coup attempt in 2016. Following the coup, the Turkish government launched a crackdown on an unprecedented scale, firing or suspending more than 140,000 workers, including more than 4,000 judges, prosecutors, and other members of the Ministry of Justice [[1]].
Non-Compliance with ECtHR Rulings
Turkey has a history of non-compliance with ECtHR rulings, and this latest ruling is likely to further strain relations between Ankara and the European human rights body. According to a report by the Council of Europe, Turkey had the highest number of allocated and pending applications before the ECtHR in 2023 [[2]].
Erosion of the Rule of Law
The ECtHR’s ruling has sparked concerns about the erosion of the rule of law in Turkey, where judges and prosecutors
