Tsampi, Katerina

English

This article explores the reasoning of the European Court of Human Rights in the case of Alparslan Altan v Turkey, which concerns the procedural safeguards applicable to the removal of judges from judicial office.In the aftermath of the declaration of a state of emergency in Turkey in 2016, M. Altan, who presided onthe Turkish Constitutional Court was arrested and taken into police custody without prior lifting of theimmunity afforded to judges under domestic law. In finding a violation of Article 5 (1) of the EuropeanConvention on Human Rights, the Court emphasised, with explicit reference to the separation of powers indemocratic societies, the need to maintain, even during a state of emergency, the procedural safeguardsafforded to judges in order to ensure they effectively carry out their judicial duties. Alparslan Altan adds tothe evolution of the Court’s case law both on the separation of powers in general and on the separationbetween the executive and the judiciary in Turkey

University of Groningen

In Flagrante Delicto and Procedural Safeguards for Judges: How Far Does the European Court of Human Rights Go with the Separation of Powers? (obs. ECtHR, 16 April 2019, Alparslan Altan v Turkey, N° 12778/17)

https://pure.rug.nl/ws/files/132134875/EurDL_Focus7_Tsampi_2.pdf

In Flagrante Delicto and Procedural Safeguards for Judges: How Far Does the European Court of Human Rights Go with the Separation of Powers? (obs. ECtHR, 16 April 2019, Alparslan Altan v Turkey, N° 12778/17)

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University of Groningen