Pişkin v. Turkey: Observations on the failure of the Lawfulness Test and the Engel Criteria within the context of the Turkish Purge

By Hakan Kaplankaya, former Turkish diplomat, jurist, INSTITUDE member

On 15 December 2020, the European Court of Human Rights (ECtHR/the Court) delivered its first judgment regarding the purge of a public employee as per the first of the notorious emergency legislative decrees adopted by the Turkish government in the aftermath of the controversial coup attempt staged on July 15, 2016. The government had blamed the Gülen Movement for orchestrating the coup attempt and enacted various emergency measures with no regard for constitutional and statutory imperatives, including the dismissal of 130 thousand public servants. However, the purge was not limited to Gülenists, but also affected other ‘disloyal’ public servants such as academicians who signed a petition asking for peace for the Kurdish problem. The dismissed officials were also subjected to other punitive measures including the cancellation of their passports, a ban on performing certain professions besides the life-long prohibition of public service, as well as other administrative practices preventing them from finding jobs in the private sector, which – all combined – could be argued to amount to a civil death.

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