Posts Tagged ‘Murat Arslan’

European judges demonstrate in Poland against the ‘muzzle law”

January 13, 2020

Not many of us would expect to see European judges demonstrating in the streets, but Al Jazeera reports that on Saturday 11 January 2020 many joined their Polish peers in protest against the ‘muzzle law’, a bill which proposes strict disciplinary measures against Polish judges critical of the government’s judicial overhaul.

The latest escalation came when the government introduced a bill to discipline judges who question its changes [Anadolu]
The latest escalation came when the government introduced a bill to discipline judges who question its changes [Anadolu]

The office of Warsaw’s mayor said some 30,000 people took part in Saturday’s march to denounce a bill that would allow the Law and Justice (PiS) government to discipline judges who question its judicial changes. The introduction of the measure in December is the latest episode in a years-long squabble over courts reform in the country that has triggered a feud with the European Union. [see also: https://humanrightsdefenders.blog/2019/04/08/polish-judges-have-become-human-rights-defenders/]

Judges from more than 20 other European countries, many wearing judicial robes over their thick winter coats, carried placards with their countries’ names. As each delegation was announced, chants of “Thank you, thank you” rose from the crowd. About 1,000 Polish judges also joined the rally, with many travelling to Warsaw from all corners of the country.

We want to feel that we are safe at work. A judge cannot fear that if a ruling they hand down is inconvenient for the government, they will bear consequences. It takes a lot of courage to stand up to that,” said judge Halina Musial.

Background: Despite protests in some 200 towns and cities when first announced, the draft law passed the PiS-dominated lower house in late December. It is now being considered by the opposition-controlled Senate, which may delay its passage, but is unlikely to stop it. The draft law, which makes it easier to dismiss or fine uncooperative judges, is seen as a response to an earlier blow to the government’s reforms.  In early December, the Supreme Court ruled that its own disciplinary chamber, a body created by the government, is “not a court within the meaning of EU and national law”. The court also found that the constitutional body nominating judges, the National Council of the Judiciary (KRS), which has been reformed to be mostly appointed by parliament rather than other judges, is “not an impartial and independent body”. When first introduced in December, Małgorzata Gersdorf, Supreme Court chief justice, warned that the changes would “infringe EU treaties” and risked driving Poland out of the bloc. For its part, the government claims that the bill is necessary to stop judges from “undermining” the legal system.  Since taking power in 2015, PiS has been at loggerheads with the EU over its judicial meddling, including installing allies in the constitutional court, trying to force Supreme Court judges into retirement and politicising lower-level appointments.  The European Commission’s vice-president, Vera Jourova, has urged Poland to halt work on the legislation until it had been properly consulted, echoing calls by the Council of Europe and the United Nations’ High Commissioner for Human Rights

At Saturday’s protest, Irish Supreme Court judge John MacMenamin carried letters of support from Irish Chief Justice Frank Clarke and the Association of Judges of Ireland, according to the Irish Times. Murat Arslan, an imprisoned Turkish judge and winner of the 2017 Vaclav Havel Human Rights Prize, also sent a note of support to the protesters, Polish website OKO.press reported. At the request of the opposition Senate speaker, the Venice Commission, an advisory body of the Council of Europe, visited Warsaw this week to prepare its “urgent opinion”, but the government declined to meet the representatives. Deputy Prime Minister Jacek Sasin responded that “Poland is a sovereign country and shapes its own legal system, including the judiciary. These are not issues governed by European law”.

Turkey angry after PACE Havel prize is awarded to jailed judge

October 18, 2017

Turkish judge Murat Arslan, who was head of the Association for the Union of Judges and Prosecutors (YARSAV).

The Vaclav Havel Human Rights Prize, named after the dissident playwright who later became Czech president, is given by the Parliamentary Assembly of the Council of Europe (PACE). On Monday 16 October the prize awarded to the Turkish judge Murat Arslan, who was head of the Association for the Union of Judges and Prosecutors (YARSAV). Arslan was arrested in October 2016 on suspicion of links to Gulen who Ankara blames for the failed coup aimed at ousting President Recep Tayyip Erdogan.

The PACE described Arslan as a “staunch supporter of the independence of the judiciary.” But the Turkish foreign ministry said in a statement that it “is wrong and unacceptable to award the prize … to a person who is a member of Feto terrorist organisation“. “While the judicial process is underway, presenting a terrorism suspect as a human rights defender is a betrayal of the ideals of democracy and human rights,” it said. For more on the award see: http://trueheroesfilms.org/thedigest/awards/vaclav-havel-prize-for-human-rights-pace

In his absence, the prize was received by a representative of the European Magistrates for Democracy and Freedom group (Medel) which had nominated him. In a message from jail, Arslan told the ceremony that Turkey had “learnt nothing” from Europe’s 20th century history but “we will not let ourselves be closed up in a wall of fear”. [https://humanrightsdefenders.blog/2017/08/31/finalists-for-pace-vaclav-havel-human-rights-prize-announced/]

Turkey has been a member of the Council of Europe since 1950 but relations have frayed after the PACE in April voted to reopen political monitoring of the country.  see also: https://humanrightsdefenders.blog/2017/07/11/council-of-europe-losing-patience-with-turkey-after-arrest-of-human-rights-defenders/

http://aa.com.tr/en/politics/turkish-mp-slams-europe-body-for-rewarding-feto-suspect/939149

Finalists for PACE Václav Havel Human Rights Prize announced

August 31, 2017

The Václav Havel Human Rights Prize is awarded each year by the Parliamentary Assembly of the Council of Europe (PACE) in partnership with the Václav Havel Library and the Charta 77 Foundation to reward outstanding civil society action in the defence of human rights in Europe and beyond. The Prize is awarded in memory of Václav Havel, enduring symbol of opposition to despotism. The Prize consists of a sum of €60 000.

The finalists for 2017 are:

  • Murat Arslan (Turkey). The nominee, in detention since 2016, is a well-known and reputed judge. President of the now dissolved Association for the Union of Judges and Prosecutors (YARSAV), he has always been a supporter of the independence of the judiciary.
  • Hungarian Helsinki Committee. A non-governmental human rights organisation founded in 1989 and based in Budapest, it carries out a broad range of activities in the area of human rights with a particular focus on access to justice and the rights of asylum seekers, refugees and stateless persons.
  • Father Georg Sporschill (Austria). A Jesuit who has devoted his life to the care of the most vulnerable, notably children. He has set up an association (Elijah) which carries out numerous projects in Austria, Bulgaria, Republic of Moldova and Romania.

Chairing the meeting of the selection panel, Sir Roger Gale, the most senior Vice-President of the Assembly, said: “the jury chose the candidates from among a long and well-qualified list of nominees, fully respecting the spirit and the principles of the Vaclav Havel Human Rights Prize”.The winner of the prize is due to be announced on 9 October 2017. The 2016 Prize went to Yazidi human rights activist Nadia Murad. [https://humanrightsdefenders.blog/2016/10/18/yazidi-survivor-nadia-murad-wins-vaclav-havel-human-rights-prize-2016/]

Source: Václav Havel Human Rights Prize