ECHR Requests Turkey’s Defence in 23 OHAL Dismissal Cases

The European Court of Human Rights (ECHR) has formally requested that Turkey submit its defence in relation to 23 applications concerning dismissals carried out under state of emergency decrees.

The case, registered under “Mehmet Candar and Others v. Türkiye”, was communicated to the Turkish Government on 23 June 2026 and officially published on 13 July 2026.

The Court granted Turkey until 15 October 2026 to respond with its observations. The applications concern individuals removed from various branches of public service following emergency decree processes.

The case file includes 10 civilian judges and prosecutors, 1 military judicial officer, 5 civil servants, 4 gendarmerie personnel, 1 military staff member, and 2 police officers, totalling 23 applicants from different public sectors.

The ECHR asked Turkey to address whether the dismissals constituted an interference with the right to respect for private life under Article 8 of the European Convention on Human Rights. The Court also requested assessment of legality, necessity, and proportionality criteria.

In addition, the Court raised questions about whether terms such as “association” and “affiliation” were sufficiently clear and foreseeable under domestic law prior to the state of emergency. It also requested evaluation of fair trial guarantees under Article 6.

For judges and prosecutors, the Court asked whether procedures before the Council of Judges and Prosecutors complied with judicial independence and fair trial standards.

The ECHR further requested an assessment of proportionality given that the dismissals may result in a lifetime ban from public service. It also asked whether the measures meet the strict necessity requirement under Article 15 of the Convention.

The communication stage does not represent a final judgment but forms part of the preliminary judicial process. However, any future ruling may set a precedent for similar cases.

Kaynak: AİHM (İkinci Bölüm), Mehmet Candar ve diğerleri/Türkiye, Başvuru no. 31947/25 ve 22 diğer başvuru; tebliğ 23 Haziran 2026, yayımlama 13 Temmuz 2026. HUDOC referansı: hudoc.echr.coe.int (başvuru no. 31947/25).