Published on 2 October 2023
SECOND SECTION
Application no. 59262/15
Salih BENLİ against Türkiye
and 6 other applications
(see list appended)
communicated on 13 September 2023
SUBJECT MATTER OF THE CASE
The applicants (see appendix) were chief inspectors of the Supreme Council of Judges and Prosecutors and inspectors of the Inspection Board of the Ministry of Justice at the time of the events giving rise to the present applications. The applications concern the applicants’ alleged inability to have recourse to judicial review of the decisions of the High Council of Judges and Prosecutors (became “the Council of Judges and Prosecutors” (HSK) since the constitutional revision of 2017) to reassign them as judges and prosecutors to different judicial districts.
The applicants complain in substance or invoking Article 6 § 1 of the Convention that the proceedings before the HSK concerning the latter’s decision to remove the applicants from their positions as inspectors and to reassign them as judges and prosecutors were not compatible with the requirements of independence and impartiality and other guarantees of Article 6 and that they did not have access to a court to challenge the HSK’s impugned decision. They complain that the HSK is not lawfully composed in a manner that ensured its independence and impartiality. They argue that the judges on the bench of the HSK who decided on the reassignment decision were the same judges who examined their objections to that reassignment decision and that the composition and the proceedings were not compatible with the requirements of Article 6 § 1 of the Convention. Certain applicants (applications nos. 63089/15, 10871/19 and 11395/16) further complain under the same article that the reassignment decision caused a reduction in their salaries on account of the loss of entitlement to the compensation paid to inspectors and the daily indemnity for assignments in different cities.
QUESTIONS TO THE PARTIES
In the light of the principles established in Bilgen v. Turkey (no. 1571/07, §§ 65-81 and §§ 92-97, 9 March 2021) and Eminağaoğlu v. Turkey (no. 76521/12, §§ 36, 76 and §§ 99-102, 9 March 2021) did the proceedings before the HSK comply with the requirements of Article 6 § 1 of the Convention? In particular, did the applicants have access to a court satisfying all the requirements of that provision, including the right to be heard by an independent and impartial tribunal?
APPENDIX
No.
Application no.
Case name
Applicant
Date of Birth
Place of Residence
Nationality
1.
59262/15
Benli v. Türkiye
Salih BENLİ
10/10/1976
Ankara
Turkish
2.
62546/15
Gül v. Türkiye
Cevat GÜL
01/09/1970
Ankara
Turkish
3.
63089/15
Yılmaz v. Türkiye
Mustafa YILMAZ
09/10/1969
Samsun
Turkish
4.
670/16
Köse v. Türkiye
Eşref KÖSE
05/03/1974
Samsun
Turkish
5.
9335/16
Cengiz v. Türkiye
Bilal CENGİZ
24/05/1981
Adana
Turkish
6.
10871/16
Yılmaz v. Türkiye
Abdulvahap YILMAZ
02/06/1972
Kütahya
Turkish
7.
11395/16
Hendek v. Türkiye
Hasan HENDEK
15/01/1972
Istanbul
Turkish