The New Disorder
| Date | 01 December 2016 |
| Author | Scott Crosby |
| Published date | 01 December 2016 |
| DOI | 10.1177/203228441600700401 |
| Subject Matter | Editorial |
New Journal of Eu ropean Crimina l Law, Vol. 7, Issue 4, 2016 385
EDITORIAL
THE NEW DISORDER
S C
In its statement on the a ermath of the failed coup d’état in Turkey the European
Criminal Bar Association urged Turkey not only to refrain from re-introducing the
death penalty but also to ensure that those accused of attempting to overthrow the
current government will be able to instruct defence counsel of t heir choice, that
defence counsel will be a ble to perform their professional duties without interference
of any kind whatsoever and t hat no attempt shall be made to interfere with the
independence and impart iality of the courts or with the obl igation to act within
reasonable time so that pre-tr ial detention is not used a means of punishment.
Since then those accused or suspected of involvement in the coup or others who
are suspected of being or who are denounced a s being supporters of Fethulla Gülen
are unable to nd lawyers prepared to defend them because to defend such persons is
a ground for prosecuting the lawyers for the very o ences they dispute on behalf of
their clients.
About one third of the judiciary ha s been purged to date and of course the judges
concerned are unable to nd defence counsel for the same reasons. Pre ss freedom has
also been abolished as to criticise the regime is to sign one’s own arrest war rant.
Academics are under simi lar threats.
In all some 100,000 people, including soldiers, judges have been suspended,
dismissed or detai ned since the attempted coup.
Arrest and detention are not the only depr ivations. Reports indicate that asset s are
being frozen or con scated, family members are being t hreatened, use of tortu re is
widespread, and so, apparently, confessions are signed to end t he su ering.
ose who can, leave the country and seek the help of colleagues abroad. Judges
lawyers and journa lists from Turkey now belong to the refugee population of the EU.
ese practices of the Turkish Govern ment are not justi ed in terms of emergency
powers and the invocation of Article15 of the ECHR and have been widely denounced .
Courts in the EU a re beginning to refuse to extrad ite to Turkey, whatever the o ence
might be, because in t he current climate there is no g uarantee of a trial within a
reasonable time, no guarantee that detention conditions will be acceptable or that
defence rights will be respected. ere is indeed no guarantee that judges will be
available to hea r cases.
To say the least, Turkey does not meet the Copenhagen criteria. Negotiations for
Turkey’s accession to the EU have not, however, been halted or suspended so far. e
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