International conference at Kiel University: The decline of justice in Turkey, the Constitutional Court, and the Yalçınkaya ruling

As the team of Human Rights Defenders e.V. (HRD), we are in Kiel, Germany. Within the framework of the 21st JIWP International Conference on Judicial Independence, organized jointly by the International Association of Judicial Independence and World Peace (JIWP) and the Christian Albrechts Universität zu Kiel, we discussed and assessed judicial independence in Turkey and the role of the Turkish Constitutional Court in light of the Yalçınkaya judgment.² In doing so, we outlined the grave state of the Turkish judiciary and explained why Turkey ranks among the lowest performers internationally in the Rule of Law Index.¹

The conference is held in cooperation with the Faculty of Law and the Institute for East European Law of Kiel University.⁴ The academic leadership is carried by three co chairs: Prof. Shimon Shetreet (President of JIWP), Prof. Dr. Dr. h.c. Alexander Trunk (Director of the Institute for East European Law at Kiel University), and Prof. Hiram Chodosh (Vice President of JIWP). This structure underscores the strong institutional and international foundation of the event.³

The guiding theme of the conference is: Current challenges in implementing the ELI Mt Scopus Standards on Judicial Independence in Europe.⁵ The program addresses, among other topics, current threats to judicial independence, digitalization, information technologies and the impact of artificial intelligence on justice systems, the role of courts in protecting freedom of expression, mediation and alternative dispute resolution, as well as comparative experiences from different countries.

The conference brings together many internationally recognized scholars, senior members of the judiciary, and legal experts. Notable speakers include Dr. Ninon Colneric (former judge at the CJEU), Prof. Sophie Turenne (University of Cambridge), Prof. Fryderyk Zoll (Universities of Osnabrück and Jagiellonian), as well as other specialists working at the intersection of technology and justice.

Prof. Dr. Hüseyin Demir, President of Human Rights Defenders e.V., highlighted in his presentation Judicial Independence in Turkey: The Role of The Constitutional Court the current state of judicial independence in Turkey, the limits of constitutional review, and the significance of the Yalçınkaya judgment for the rule of law and human rights.² In this context, key factors that structurally weaken the judiciary were identified, and the consequences for fair trials, effective legal protection, and public trust were outlined.

The conference, from the perspective of the rule of law, is a high level scholarly forum to reflect anew on institutional guarantees of the judiciary, to make the risks of new technologies visible, and to derive shared principles for democratic legal orders from comparative experiences.

References

1. World Justice Project, Rule of Law Index return
2. European Court of Human Rights, Yalçınkaya judgment return
3. JIWP, International Conference on Judicial Independence return
4. Christian Albrechts Universität zu Kiel, Institute for East European Law return
5. ELI Mt Scopus Standards on Judicial Independence return