Discussion on Withdrawing from the Convention Following Mehmet Uçum's ECHR Remarks

Following the ECHR's ruling on Osman Kavala and statements by Chief Advisor to the President Mehmet Uçum, a new legal and political debate has begun regarding whether Turkey could withdraw from the European Convention on Human Rights.

ECHR Ruling and Uçum's Statements

Following the ECHR's recent ruling concerning Osman Kavala, Chief Advisor to the President Mehmet Uçum criticized the court's decisions.

Uçum argued that national authorities are primary while international regulations are secondary, claiming that the ECHR is not a hierarchical judicial authority.

The Constitution and International Obligations

Union of Turkish Bar Associations President Erinç Sağkan stated that the implementation of ECHR rulings cannot be turned into a matter of choice.

Sağkan pointed to Article 90 of the Constitution, stating that international agreements concerning fundamental rights and freedoms must be taken as a basis.

Allegation of Withdrawal Method

TBB President Sağkan recalled the withdrawal from the Istanbul Convention by presidential decree, saying that a similar method might come to the agenda for the ECHR as well.

Risk of Expulsion from the Council of Europe

Lawyer Doğan Erkan, drawing attention to Article 46 of the ECHR, emphasized that state parties undertake to comply with finalized judgments.

Erkan pointed out the risk that the Council of Europe could expel Turkey if the rulings are not implemented.

ECHR Grand Chamber's Ruling

The ECHR Grand Chamber had ruled that multiple articles of the convention were violated in Osman Kavala's application.

The court had ordered Kavala's release and the payment of non-pecuniary damages.