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Amendment No. 22 | Doc. 14405 | 10 October 2017

New threats to the rule of law in Council of Europe member States: selected examples

Signatories: Mr Talip KÜÇÜKCAN, Turkey, EC ; Mr Şaban DİŞLİ, Turkey, EPP/CD ; Ms Emine Nur GÜNAY, Turkey, EC ; Mr Suat ÖNAL, Turkey, EC ; Ms Leyla ŞAHİN USTA, Turkey, EC

Origin - 2017 - Fourth part-session

In the draft resolution, replace paragraph 10.4 with the following paragraph:

"proceed carefully with the dismissal through decree laws of those judges and prosecutors who have allegedly taken part in the activities of terrorist organizations and ensure that those who have already been dismissed will have their cases reviewed by a 'tribunal' fulfilling the requirements of Article 6 of the Convention. In this context, the Assembly welcomes the establishment of the inspection commission on the state of emergency decrees which enables judicial review."

Explanatory note

Dismissing public servants who have taken part in the activities of the FETÖ terrorist organization is a legitimate and necessary measure. Furthermore, an inspection commission was also established with the aim of monitoring the actions taken as part of the decree laws and to enable judicial review.