Resuscitating the Turkish Constitutional Court: The ECtHR’s Alpay and Altan Judgments

Written by Senem Gurol, PhD candidate at Ghent University

Introduction

After the failed coup d’etat in Turkey, critics have raised concerns about the European Court of Human Rights’ (ECtHR or the Court) ability and willingness to provide an effective remedy for the human rights violations occurred. These concerns arose from the Strasbourg Court’s recent inadmissibility decisions in the cases of Zihni, Çatal, and Köksal, which resulted in the Court sending the applicants back to exhaust the disputedly available and effective domestic remedies. Conversely, in the judgments of Şahin Alpay and Mehmet Altan, delivered on 20 March 2018, the ECtHR demonstrated a vigilant scrutiny over the protection of freedom of expression in Turkey which has deteriorated even further in recent years. These cases are also the first in which the Strasbourg Court has examined the validity of the derogation made on 21 July 2017 by Turkey under Article 15 of the Convention in relation to restrictions of other Convention rights, namely Articles 5 and 10. In this blogpost, I will focus on the ECtHR’s exercise of its subsidiarity role in the given cases and its impact on the functioning of the domestic remedies in Turkey. Continue reading