CYIL vol. 14 (2023)

ELMIRA LYAPINA CYIL 14 (2023) Türkiye is among the states with the most applications and judgments in the ECtHR against them. In the year 2022, it received 80 applications against the state, amounting to 27% of all ECtHR cases, sharing the top three positions with the Russian Federation and Ukraine. 45 Following the statistics of the European Court, the ECHR articles which were the most violated by Türkiye in the years 1959–2022 were: the right to a fair trial (991), right to liberty and security (843), protection of property (718), length of proceedings (609), freedom of expression (426), inhuman or degrading treatment (348), right to an effective remedy (283), lack of effective investigation (229), right to life (143), right to respect of private and family life (140), freedom of assembly and association (117), and non-enforcement (70). 46 According to CoE statistics, almost 4.500 ECtHR cases against Türkiye were transmitted for supervision of their execution, where only 11% are still pending execution in the state. 47 The positive impact of the judgments, and also decisions and rulings, of the ECtHR within Türkiye could be proved through reforms on a normative basis, as well as the establishment of specific institutions. Within a normative basis, 48 several attempts can be found to improve earthquake approaches, such as the laws on precautions due to disasters (No.7269); the 1988 by-law on the organization and emergency planning assistance regarding disasters; or Türkiye Earthquake Code, amended in 1975, 1997, and 2007; Türkiye Building Earthquake Code (2018); and the establishment of the Disaster and Emergency Management Authority (AFAD) in 2009. 49 AFAD’s role is to prevent disasters and minimize disaster-related damages, plan and coordinate post-disaster response, and promote cooperation among various government agencies within the Integrated Disaster Management System. Despite the statement on AFAD’s website regarding the completion of successful missions in the provision of humanitarian assistance within Türkiye and to other countries, the Authority is often criticized. Like AFAD, other authorities are also often accused of nepotism and unqualified approaches. 50 Besides the criticism of such agencies as AFAD, the overall state approach is considered insufficient in regard to human rights. The reports of international human rights organizations have revealed an unsatisfactory level of implementation of ECtHR judgments and rulings. The World Justice Project (WJP) measured the rule of law index of countries based on eight factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal 45 Violations by article and by state – European Court of Human Rights. (n.d.), https://www.echr.coe.int/ documents/d/echr/Stats_violation_2022_ENG. Also see Execution of the European Court of Human Rights’ Judgments, Main Achievements in Member States: Turkey; Department for the Execution of Judgments of the European Court of Human Rights, CoE. https://rm.coe.int/ma-turkey-eng/1680a186c9. 46 European Court of Human Rights. Statistics. https://echr.coe.int/Pages/home.aspx?p=reports&c= ; Turkey. Department for the Execution of Judgments of the European Court of Human Rights. CoE. https://www.coe. int/en/web/execution/turkey. 47 Turkey. Department for the Execution of Judgments of the European Court of Human Rights. CoE. https:// www.coe.int/en/web/execution/turkey. 48 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. 49 AFAD: Disaster and Emergency Management Authority, https://en.afad.gov.tr/about-us. 50 In Turkish: AFAD müdürü Ismail Palakoğlu’nun özgeçmişi ‘göz kamaştırdı’ . Diken – Yaramazlara biraz batar! 2023. https://www.diken.com.tr/afad-genel-muduru-ismail-palakoglunun-ozgecmisi-goz-kamastirdi/.

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