Submission to the Committee of Ministers: Salduz v. Turkey

The Open Society Justice Initiative is requesting that the Committee of Ministers transfer the European Court of Human Rights' Grand Chamber judgment of Salduz v Turkey to enhanced supervision. This case, which concerns arrest rights in Europe, discloses major structural and complex problems in Turkey’s criminal justice system and requires closer monitoring and guidance from the Committee of Ministers.

The court emphasized in the Salduz judgment that the right to early access to legal assistance for people accused or suspected of crimes needed to be implemented by Turkey in a practical and effective way. Although Turkey made legislative changes in 2003 and 2005, this was a largely cosmetic step that has not produced results.

The court has itself observed that these legislative reforms have been ineffective. Research conducted after the legislative changes came into effect demonstrates that only 7.3 percent of suspects or accused people access legal representation and only 3.6 percent get a legal aid lawyer during the initial period of police detention. The Committee of Ministers should work closely with Turkey to ensure it takes concrete and practical steps to address the root cause of violations found in the Salduz judgment.