In the absence of effective judicial review, a dismissal based on Emergency Legislative Decree No. 677 was in breach of the Convention
In today’s Chamber judgment(1) in the case of Pişkin v. Turkey (application no. 33399/18) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights, and a violation of Article 8 (right to respect for private and family life). The case concerned Mr Pişkin’s dismissal on the grounds that he had links with a terrorist organisation, in the wake of the declaration of a state of emergency in Turkey following the failed military coup of 15 July 2016, as well as the subsequent judicial review of that measure.
Mr Pişkin complained that neither the procedure leading to his dismissal nor the subsequent judicial proceedings had complied with the guarantees of a fair trial. He also complained that he had been branded a “terrorist” and “traitor”.
The Court noted that Legislative Decree No. 667 had not only authorized the dismissal of civil servants but also required public institutions such as Mr. Pişkin’s employer to dismiss civil service employees under a simplified procedure. The prior decision-making process for the termination of the employment contract had not necessitated any form of adversarial proceedings, and no procedural safeguards had been laid down in the Legislative Decree. It had therefore been sufficient for the employer to consider the employee as belonging, affiliated or linked to one of the illegal structures defined in the Legislative Decree, without any need to provide even cursory personalized reasoning.