CYIL vol. 14 (2023)

CYIL 14 (2023) EARTHQUAKES IN TÜRKIYE AS A VIOLATION OF HUMAN RIGHTS… environmental sustainability over individual human rights, the Court is demanding that the state remember its accountability while balancing the rights of the community. 3. Impact of ECtHR judgments on Türkiye Türkiye ratified the European Convention on Human Rights in 1954, being among the founding members of the Council of Europe (CoE) since 1950. 39 Notwithstanding its early membership, the state accepted the compulsory jurisdiction of the European Court of Human Rights only in the year 1990. Until this time, Türkiye was reluctant to recognize the power of the Court with its option of individual applications due to the state’s historical development and political background in the 1980s. Since its recognition of the Court’s power, Türkiye has faced numerous cases of violation of human rights, decisions it was obligated to follow under political pressure from other CoE member states, and not least the European Union. As to the application of the Convention at the national level, per Article 90, paragraph 5 of the Constitution of Türkiye (1982), international treaties, including the Convention, should fall in the hierarchy of norms between the ordinary laws and constitutional laws. 40 The constitutional amendment from the year 2004, affecting the above mentioned Article 90 (5) of the Constitution, aimed to make international human rights laws directly applicable in Turkish domestic law. 41 Moreover, in this article, regarding these international agreements, no appeal should be made to the Constitutional Court, as they are considered to hold constitutional power. 42 Despite the fact that the Turkish Constitutional Court in its 2008 judgment confirmed the European Convention as part of domestic law within Article 90 of the Constitution, and in 2012 the individual right to complain to the Constitutional Court was introduced as an effective remedy for all violations of the ECHR, there are still controversies and debates among political and legal scholars’ as to the realization of it in practice. 43 Despite these discussions, Türkiye has showed a willingness to cooperate within the CoE, under the international human rights instruments. To fulfill its international obligations towards the protection of human rights, Türkiye adopted constitutional amendments, including amendments to the Civil and Criminal Codes, or the branches of law, including Environmental law, and amendments within the implementation and execution of European Court judgments to domestic legislation. 44 40 MAHKEMESI, A. The status of the international law in the Turkish constitution. Anasayfa | Anayasa Mahkemesi . https://www.anayasa.gov.tr/en/president/presidents-speeches/the-status-of-the-international-law in-the-turkish-constitution/ . 41 AKBULUT, O. Interaction Between International Human Rights Law and Turkish Domestic Law, Humanities and Social Sciences Review, 2013, vol. 2, p. 100. 42 Constitution of the Republic of Turkey, official English translation (Turkish Grand National Assembly [TBMM]), https://web.archive.org/web/20200209123304/https://global.tbmm.gov.tr/docs/constitution_en.pdf. 43 AKBULUT, O. Turkey’s Reaction to the Judgments of the European Court of Human Rights. International Journal of Multidisciplinary Thought , 2015, 05(02) pp. 75-86, ISSN: 2156-6992. 44 Human rights / Republic of Türkiye Ministry of Foreign Affairs. Republic of Türkiye Ministry of Foreign Affairs. https://www.mfa.gov.tr/%C4%B0nsan-haklar%C4%B1.en.mfa. 39 European Court of Human Rights – ECHR, CEDH, news, information, press releases. Turkey. https://www. echr.coe.int/documents/cp_turkey_eng.pdf.

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