Turkish government decided to establish a super commission “Commission for Examining/Screening State of Emergency Acts” even superior to Constitutional Court by Decree 685.
The mission of this commission will be examining the dismissal of government servants, officers, academics, students and closure of institutions.
This so-called Impartial Commission will be consist of 7 members, 5 of which will be chosen by Prime Minister and Minister of Justice. This Urgent Commission members will be chosen in one month, case acceptance date will be declared in 6 months.
This Super Commission will solve nearly 135.000 cases in 2 years, which means 267 cases for each day, one case in every 2 minutes.
Decisions of the Commission could be appealed to the administrative court, then district administrative court, then Council of State, then Constitutional Court.
This commission is against Turkish Constitution Art. 35 “Extraordinary tribunals with jurisdiction that would in effect remove a person from the jurisdiction of his legally designated court shall not be established.”
This commission is against Turkish Constitution Art. 35 and European Convention on Human Rights Art. 6 and Art. 13.
Turkish Constitution Art. 35 “Extraordinary tribunals with jurisdiction that would in effect remove a person from the jurisdiction of his legally designated court shall not be established.”
ECHR Art. 6 “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”
ECHR Art. 13 “Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
The only aim of this commission is to prevent or at least delay ECHR compensation decisions for human rights breaches.