MLSA - A delegation mainly composed of legal professionals from Turkey held meetings in Strasbourg from Jan. 19-23 to discuss human rights issues with officials from the Council of Europe and the European Parliament. The delegation included representatives from the Media and Law Studies Association (MLSA), officials from the Istanbul and Diyarbakır Bar Associations, as well as lawyers specializing in press freedom and women's rights.
Key topics addressed in the meetings included the erosion of the rule of law in Turkey, the politicization of the judiciary, the transformation of prolonged pretrial detention into a punitive mechanism, and Turkey’s failure to implement European Court of Human Rights (ECHR) rulings regarding imprisoned opposition figure Selahattin Demirtaş and philanthropist Osman Kavala. Discussions also covered the investigation and lawsuit against the Istanbul Bar Association following its statement on the killing of two journalists in northern Syria, controversial rulings by Turkey’s Criminal Judgeships of Peace, and inconsistent judicial decisions in similar cases.
Officials from the Council of Europe’s Directorate General for Human Rights and Rule of Law emphasized that Turkey’s noncompliance with ECHR rulings in the Demirtaş and Kavala cases had been conveyed to Turkish authorities. They noted that the current deadlock was political rather than legal and suggested that any resolution would require political will. However, they ruled out the possibility of expelling Turkey from the Council of Europe, citing the lack of improvement in Russia’s human rights situation following its removal. "Turkey’s membership is in the interest of both sides," they stated.
Currently, there are around 21,000 cases pending against Turkey at the ECHR. Court officials noted that Turkey was more compliant with ECHR rulings when its European Union accession process was more active. They also highlighted that legal precedents have been established in cases related to freedom of expression—such as charges of insulting the president or disseminating terrorist propaganda—allowing for faster resolution of related violations.
While officials at the Council of Europe and the Parliamentary Assembly are well aware of Turkey’s human rights violations and its failure to implement ECHR decisions, the Council’s Committee of Ministers—which consists of the foreign ministers of member states—ultimately considers political balances in its decisions. Turkey’s strategic role in the Ukraine crisis appears to be a priority for European politicians, often overshadowing human rights concerns.
Officials pointed out that Azerbaijan’s parliamentary delegation had been barred from participating in the Parliamentary Assembly over similar human rights violations, but no such sanctions are currently being considered for Turkey. They also warned that if Turkey’s parliamentary delegation faced sanctions, opposition lawmakers' voices could also be stifled.
