Turquie
Turkey's judicial system is facing escalating tensions as the Council of State refuses to comply with a Constitutional Court ruling concerning the dismissal of an academic who signed a 2016 petition criticizing military operations in the country's Kurdish southeast.
The case involves the Academics for Peace, a group of 549 scholars dismissed from public universities after signing a petition titled "We Will Not Be a Party to This Crime," calling for the cessation of military operations in predominantly Kurdish regions. In July 2019, the Constitutional Court ruled that the petition fell within protected expression, finding that the academic's right to freedom of expression had been violated.
Despite the Constitutional Court's decision, the Council of State overturned a lower court ruling that reinstated the academic. The Council argued that the petition mirrored the language of the outlawed Kurdistan Workers' Party (PKK) and that signing it was sufficient to establish links to a terrorist organization. Furthermore, the Council challenged the Constitutional Court's authority, asserting that lower courts are not obliged to comply with its violation rulings and can deliver their own judgments based on evidence and relevant law.
This defiance has sparked widespread criticism and renewed concerns about the independence of Turkey's judiciary. Critics argue that the refusal of both lower and high courts to comply with Constitutional Court decisions undermines the separation of powers and reflects the judiciary's susceptibility to government influence.
For a detailed account, refer to the full article: Turkey’s Judicial Crisis Deepens as Council of State Defies Constitutional Court.
