Turkey’s cautionary tale: The fall of the courts is the fall of freedom

| Published March 31, 2024

EDITORIAL — A nation’s democracy is only as strong as its judicial independence. Once the courts become an instrument of political power rather than a check on it, the very foundation of freedom crumbles. Nowhere is this more evident than in Turkey, where the systematic dismantling of judicial independence under President Recep Tayyip Erdoğan has eroded democratic institutions and curtailed fundamental freedoms. Turkey’s experience serves as a dire warning: when the courts fall, so too does liberty.

 

The Weaponization of the Judiciary

For years, Erdoğan’s government has tightened its grip on Turkey’s judicial system. Judges who ruled against government interests were purged, replaced by loyalists willing to rubber-stamp executive decisions. In high-profile cases against journalists, opposition figures, and activists, courts have handed down politically motivated verdicts, stripping individuals of their rights and silencing dissent.

One of the most alarming examples was the case of Osman Kavala, a philanthropist and human rights activist. Despite multiple acquittals, he remained imprisoned as the judiciary bent to political pressure. His case, along with many others, has drawn international condemnation, highlighting how Turkey’s courts have been transformed into enforcers of state power rather than protectors of justice.

 

The Erosion of Rule of Law

Turkey’s backsliding from democracy has been characterized by a broader decline in the rule of law. Constitutional amendments and emergency decrees have enabled Erdoğan to consolidate power, leaving little room for judicial oversight. The European Court of Human Rights (ECHR) has repeatedly ruled against Turkey, citing violations of fair trial rights and judicial independence, yet the government continues to defy these rulings.

Such defiance sets a dangerous precedent. If a government can disregard court rulings with impunity, the concept of legal accountability collapses. Citizens are left without recourse, and political opposition is effectively criminalized.

 

A Cautionary Tale for the World

Turkey’s experience is not an isolated case but a warning to other democracies. Across the globe, from Hungary to Venezuela, we see similar patterns: executive overreach, judicial manipulation, and a steady erosion of checks and balances. Even in established democracies, there are worrying signs of political interference in the judiciary.

The lesson from Turkey is clear—once an independent judiciary is compromised, the rest of democracy follows. The courts serve as the last line of defense against tyranny. If they fall, so too does the freedom of the people they are meant to protect.

 

Restoring Judicial Integrity

For Turkey to reclaim its democratic institutions, restoring judicial independence must be a priority. This requires removing political influence from judicial appointments, reinstating purged judges, and ensuring that courts serve justice rather than power. The international community must also hold Turkey accountable, applying diplomatic and economic pressure where necessary to encourage reforms.

Ultimately, a free judiciary is not just a legal necessity—it is the backbone of democracy. Turkey’s cautionary tale serves as a reminder that the rule of law is fragile and that without it, freedom is always at risk.

 

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SOURCES: THE HILL – Turkey’s cautionary tale: The fall of the courts is the fall of freedom

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