The lack of legal definitions and criteria for an armed terrorist organization, and the crime of membership in such an armed terrorist organization, make them prone to arbitrary application.6 The vague formulation of the criminal provisions on the security of the state and terrorism, and their overly broad interpretation7 by Turkish judges and prosecutors, make all lawyers and other human rights d. [...] Turkey, … it has been concluded that the violations referred to in that judgment relate only to the finding of violations specific to the application in that particular case and that the violations of the principles of the right to a fair trial under Article 6, ECHR, and the principles of legality in criminal matters and punishment under Article 7 ECHR referred to in the judgment are not applicabl. [...] Guarantee the independence of the judiciary and the prosecution services, in accordance with the international law (UDHR, ICCPR), UN Basic Principles on the Independence of the Judiciary, and the UN Guidelines on the Role of Prosecutors. [...] Amend the anti-terror legislation (including the new Anti- Terrorism Bill adopted on 25 July 2018), and the provisions in the Criminal Code, as recommended by the Council of Europe, the European Court of Human Rights, and the European Union, d. [...] To project a unified front of, and for, Bar Associations and other legal organizations, particularly within the European region, in ending the criminalisation of the Turkish legal profession, which is crucial for the existence of the rights to defence; and separation of powers in Turkey.
Authors
- Pages
- 20
- Published in
- United Kingdom
