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Çatal v. Turkey, dec., No. 2873/17, ECtHR (Second Section), 7 March 2017

Abstract

Suspension of a judge by the Supreme Council of Judges and Prosecutors, pursuant to a legislative decree adopted during the state of emergency, following the attempted coup d’État of July 2016.

Normative references

Art. 6 ECHR
Art. 13 ECHR

Ruling

The lack of evidence that a constitutional court is not capable of providing appropriate redress for the applicant’s complaints of violations of ECHR provisions or that it does not offer a reasonable prospect of success does not prejudice in any way whatsoever a possible review of the question of the effectiveness of the remedy at issue, and particularly the ability of the national courts to establish a case-law compatible with the Convention requirements.
(In the present case, concerning the dismissal of a judge pursuant to a legislative decree adopted during the state of emergency, the European Court of Human Rights unanimously declared the application inadmissible for failure to exhaust domestic remedies).