The Köksal case before the Strasbourg Court: a pattern of violations or a mere aberration?

By Emre Turkut, PhD researcher at Ghent University

The European Court of Human Rights’ recent decision in the case of Köksal v. Turkey has sparked once again a fierce debate concerning the so-called availability of domestic remedies in Turkey in the aftermath of the 15 July 2016 attempted coup. The case concerns a teacher’s dismissal by emergency Decree No. 672, along with 50,875 other public servants who were regarded as having membership of or an affiliation, link or connection with terrorist organizations or structures, formations or groups determined by the National Security Council to engage in activities against the national security of the Turkish State. Continue reading

Judges at odds over Court’s authority to order remedies

By Dr Alice Donald, Senior Lecturer and Anne-Katrin Speck, Research Associate  School of Law, Middlesex University, London

How far can – and should – the European Court of Human Rights recommend, or even compel, states to take certain measures after the finding of a violation of the European Convention on Human Rights? This question is increasingly debated as the Court, driven by states’ failure to implement judgments, has moved away from its formerly strictly limited, declaratory approach to remedial measures by sometimes indicating specific non-monetary individual measures or general measures.

This debate has come into sharp focus with the judgment in Moreira Ferreira (No. 2) v. Portugal, issued by the Grand Chamber on 11 July 2017, Continue reading