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Köksal v. Turkey, dec., No. 70478/16, ECtHR (Second Section), 6 June 2017


Dismissal of Turkish civil servants after the attempted coup d’état of 15 July 2016.

Normative references

Art. 6 ECHR


1. The setting-up of a commission with the task of adjudicating upon appeals against measures adopted by legislative decrees issued in the context of a state of emergency, including the dismissals of civil servants, provides the applicants with a new remedy giving the domestic authorities an opportunity to provide redress for the alleged violation of the Convention provisions at national level.

2. It is incumbent on the individual who considers himself as a victim of an alleged violation of the Convention provisions to test the limits of this new domestic remedy.

3. The mere fact of having doubts about the prospects of success of a given domestic remedy does not constitute a valid reason to justify the failure to use that remedy.
(In the present case, concerning the dismissal of a teacher by legislative decree in the context of the measures taken after the attempted coup d’état in Turkey, the Court unanimously declared the application inadmissible for failure to exhaust domestic remedies).