[…]
In reference to your letter dated 21 October 2015, I have the honour to submit the list of three candidates for election as judge to the European Court of Human Rights in respect of Turkey.
The names of the candidates are indicated below (in alphabetical order):
Ms Famile Arslan
Mr Basri Bağcı
Mr Ergin Ergül
The curriculum vitae of the candidates are at annex.
[…]
The election of the candidates for the position of judge at the European Court of Human Rights was commenced by the Ministry of Foreign Affairs upon the receipt of the communication of the Secretary General of the Parliamentary Assembly of the Council of Europe, dated 21 October 2015. The whole procedure was jointly conducted by the Ministry of Foreign Affairs and the Ministry of Justice.
As the first list of candidates had been found unsuitable for the position by the Advisory Panel, the Government of the Republic of Turkey decided not to submit the list to the Election Committee. For this reason, a new procedure has been commenced.
As it had been the case with the first one, the procedure was initiated with a public announcement for candidatures posted simultaneously on the websites of the Ministry of Foreign Affairs and the Ministry of Justice on 23 January 2017. Moreover, in order to raise awareness of potential candidates, the announcement was also sent to the Court of Cassation, the Council of State, the Constitutional Court and the Higher Education Institution. The public announcement remained on the websites for 30 days. The applicants were requested to submit their documents until 23 February 2017. All process, including the relevant deadlines, was clearly mentioned in the announcement.
ln accordance with the Resolution 1646 (2009) of the Parliamentary Assembly, the applicants are expected to meet the following criteria:
ln addition to the above-mentioned criteria the applicants are also expected to have one of the following qualifications:
The applicants were asked to submit their curriculum vitae in one of the official languages of the Council of Europe.
ln the prescribed period of 30 days for submission, a total of 22 applications were received.
The lnterview Committee reviewed the CVs of the applicants and decided not to call two of them on the ground that they did not satisfy the criteria.
The applicants were interviewed by the Interview Committee composed of:
All applicants were summoned for individual interviews that had been conducted on 14 and 15 March 2017, and twenty-one of them attended.
Following the interviews, the Interview Committee agreed on a short list of candidates and these names were submitted to the Council of Ministers of Turkey in order to make the final decision. During the interviews, questions about the Court's case-law and its functioning were asked to all candidates both in Turkish and in a language that they stated they were fluent in. Interviews were made with each candidate for, on average, 30 minutes.
The Council of Ministers selected three candidates, including a female candidate, for this post in accordance with the Resolution 1646 (2009), from the short list submitted by the Interview Committee.
Selection Criteria Of Members Of High Courts In Turkey
Selection of Members to the High Judiciary Bodies:
In Turkey, there are three separate high judiciary bodies, namely the Constitutional Court, the Court of Cassation and the Supreme Administrative Court.
Selection Criteria for Membership of the Constitutional Court
The members of the Constitutional Court shall be selected by the President of the Republic of Turkey and the Turkish Grand National Assembly (TGNA). The TGNA shall make the selection of the members to be selected from among the members of the Court of Auditors and selfemployed lawyers. The President of the Republic of Turkey shall make the selection of the members to be selected from among the members of the Court of Cassation, the Supreme Administrative Court and the higher education institutions. Each member shall be selected from among three candidate members nominated by each respective body. On the other hand, the President of the Republic of Turkey shall select four members from among high level executives, including deputy undersecretaries, and lawyers.
Eligibility criteria for membership are as follows:
Selection Criteria for Membership of the Court of Cassation
The authority to select members of the Court of Cassation lies with the Council of Judges and Prosecutors (CJP).
Eligibility criteria for membership are as follows:
1) Candidates must have at least seventeen years' experience as a judge or prosecutor,
2) Candidates must have the status of a judge of first category and must be still retaining such status.
The status of a judge of first category shall be attained through the followings:
Requirements sought for promotion with a good degree are as follows:
* To conclude 80% of the files he worked on during his term with regard to the promotional review,
* To receive a good grade in 80% of his works reviewed by the Court of Cassation,
* To attain good appraisal notes at the end of the reviews by inspectors,
* Not to have been subjected to any investigation and disciplinary punishment,
* For those working in administrative units, to attain good appraisal notes from senior appraisal officers,
At the end of all these assessments, the Council of Judges and Prosecutors must conclude that a certain candidate is superior to his fellow colleagues.
Selection Criteria for Membership of the Supreme Administrative Court
There is a two-fold structure with regard to selection of members of the Supreme Administrative Court. Members for ¾ of the vacant membership positions shall be selected by the CJP. The remaining ¼ shall be selected by the President of the Republic of Turkey.
* A selection shall be made from among high level public officials (including deputy undersecretaries) and professors in the fields of law, economics and public administration. High level public officials must have fifteen years' practical experience in public service after having completed their higher education.
Name, surname: Arslan, Famile
Sex: Female
Date and place of birth: 15 December 1971, Palu, province of Elazığ, Turkey
Nationality/ies: Turkish (by birth) and Dutch
In my law firm we have handled a lot of immigration cases, in which we have referred to the ECHR in general and specific on Articles 8 and 3 of the ECHR. Also as regards other treaties in the field of human rights, I have dealt with a lot of cases of family reunification where we have argued that the explanation of the Dutch government on Article 8 ECHR is not sufficient. Furthermore, we have done cases where it has been argued that the accessibility to the legal system is a right protected by Article 3 of the ECHR. Besides the immigration cases our, law firm handles also cases in criminal law where the universal human rights and the fundamental principle of fair trial is the measure.
Human rights, founded in the universal declarations, protocols, conventions, treaty, have been referred to in several cases of our law firm.
In fact, as a lawyer, my job is directly related to human rights, in particular the ECHR.
During my function as a civil servant working for the Immigration and Naturalization service in the Netherlands I handled for three and half years asylum cases, in those cases I decided on the asylum applications and conducted investigations. More than two years I was stationed on the airport in Amsterdam, in that time we had the procedure and the aim to handle asylum application within 24 hours. In Schiphol airport, I was to render decisions regarding AC/OC/Dublin cases. I handled complaints and conducted investigations on BMA, BuiZa, and language analysis. In that regard, I took the decisions and also heart the statement of the applicants. I have done cases (decisions, investigation, and interviews) involving the 1F status, (crimes against humanity) the Dublin cases, (research on country of first entry and the obligation to take the applicants) B9 (cases concerning human trafficking).
Later, I started to work in other fields of immigration as family reunification, study, labour and other matters. The jurisprudence of the ECtHR are daily studied and used in relevant issues and cases.
I followed the course of Professor Esin Orucu about Turkish law at the University in Leiden. I had followed several other private courses on Turkish law for lawyers in the Netherlands; these courses were about the Turkish Civil Code. Those courses were not only about the regulations and principles of the Turkish Law but also about on the practise and content. Not only were I interested in the Turkish law, but it is also essential for my law firm because I have a lot of Turkish clients with several problems. These trainings are important due to the fact that in the Dutch international private laws, the use of foreign laws such as divorce cases, paternity cases, and heritage cases can be applied. Foreign law is also important in the recognition of judicial decisions and execution of them.
During my practise in law, I have supported and advised many Turkish citizens about the Turkish criminal code, family law and nationality law. Moreover, I have has also advised Turkish and Dutch companies about Turkish corporate laws. As is seen from my experience, I have gained sufficient knowledge on Turkish Law.
In addition to those trainings, during my 15 years in practising law, I spent a lot of time in self-study about Turkish Law in order to advise my clients in the Netherlands.
Furthermore, I have followed courses about international private law, international parental child abduction (she has handled a lot of those cases), international immigration and international criminal act. These trainings were essential for me to follow in order to provide good services to my clients because of their backgrounds’ diversity.
Between 2008 and 2013, I gave trainings about Turkish law, especially about divorces, recognition of judicial decisions, custody, parental law, child abduction and immigration. Those courses were given to community workers in different levels in order to ensure their professional development on those fields. Within those training, I gave more than 30 trainings in several cities in the Netherlands. Currently, I have given lectures on the differences between Turkish and Dutch law.
Since 2008, I have been working as tutor for students of the School of Law at Inholland University of Applied Sciences where I review the graduate thesis on various subjects, including human rights law.
Additionally, since 2004, I am the Chair of the Commissions of Complaints for Islamic schools in Netherlands and have handled complaints of parents and students and advised the Board of the schools and given recommendations, which also included complaints about human rights violations.
As a member of the Board of Islam and Citizenship, which is a partner of the Dutch government in issues concerning Muslims in the Netherlands, I have strived to create an environment through which Muslims can emancipate in the Dutch society. The discussions concerning integration and assimilation were high on the agenda. As the board, they carried out several projects about citizenship, equal treatment and possibilities. Issues of fundamental rights as human rights, anti-discrimination, and freedom of expression versus hate speeches were debated by Islam and Citizenship. Creating awareness about fundamental rights and improving the social and legal status of Muslims in the Netherland were among the goals of that foundation.
Additional functions:
(Our goals as Islam and Citizenship were to create an environment where Muslims can emancipate in the Dutch society. The discussions concerning integration, assimilation were high on the agenda. Issues of fundamental rights as human rights, discrimination, and freedom of expression versus hate speeches had been debated by Islam and Citizenship)
(we handle complaint cases of students about discrimination, unequal treatment and other issues)
As my professional work is a lawyer, I dealt with human rights related issues.
None
None
(As stated above, in my professional life and as a private person I have been debating issues as integration, discrimination and emancipation in the Netherlands. Those activities were likely obvious for an immigrant yet I believe that the fundamental human rights should be the measure in life)
Articles:
Meetings and Seminars attended:
(Debating the position of Muslim immigrants in the West, my role was leading the roundtable discussion about freedom of religion), Copenhagen, Denmark. Organizer: Asma Society, USA
(Debating the role Muslim women, my role was as a member committee concerning equal treatment and discrimination), New York, USA. Organiser: Asma Society, USA
(Searching common ground for collaboration, my contribution was on freedom of expression versus hate crimes), Brussels, Belgium. Organiser: CJIE and European Commission
(My contribution was on equal treatment, emancipation of Muslim women, forces against violence), Scheveningen, the Netherlands. Organiser: Turkish Ministry of Foreign Affairs
Organiser: Municipality of Zeytinburnu, Istanbul
(My contribution was on the position of women in immigration law in the Netherlands)
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I confirm my intention to follow intensive language classes.
I confirm that I will live in Strasbourg permanently if I will be elected as a judge on the Court
Name, surname: Bağci, Basri
Sex: Male
Date and place of birth: Elmadağ/Ankara – 11/09/1967
Nationality: Turkish
The status of judges and prosecutors in Turkey is a system that allows transition between the two professions. According to the Turkish legal system, the prosecution activities are considered as judicial activities.
After graduating from law school, I was appointed as a judge candidate. I received professional education for both judges and public prosecutors. I was appointed, by drawing of lots, as a public prosecutor. Thereafter, I served as a public prosecutor for about six years in various places. While serving as a public prosecutor, I conducted investigations in relation to almost all kinds of offences and participated in trials in criminal courts in my capacity as a public prosecutor. In addition, I lodged appeals against certain decisions rendered by criminal courts, which I found to be unlawful.
As I was distinguished from among my colleagues, I was appointed as a justice inspector in 1999. For a total of 9 years, during which I served as a justice inspector and a chief justice inspector, I conducted inspections in numerous court houses in order to establish whether judges and prosecutors performed their duties in line with the law. During such inspections, I also inspected the compliance of the actions and proceedings of the offices of the chief public prosecutors and of both criminal and civil courts with the law and jurisprudence. Furthermore, I issued appraisals in respect of judges and prosecutors as to whether their conducts and behaviors were in conformity with the requirements of the profession, whether they duly fulfilled their duties and responsibilities and whether they acted fairly and impartially.
Moreover, the Council of Judges and Prosecutors has been appointed me to the Court of Cassation as a member on 5 July 2017, taking into consideration the appraisals, duration in profession, my background, and my competence in the field of law, from among approximately 3000 eligible judge and prosecutors on account of duration in profession.
In 2008, I was appointed as the Deputy Director General to the Directorate General for Criminal Affairs. The Directorate General for Criminal Affairs is the department responsible for the functioning of the criminal justice system as well as the determination of its policy. During my term of office, I was also responsible for conducting disciplinary investigations and investigations into duty-related offences in respect of judges and prosecutors as well as conducting investigations about lawyers and public notaries. As the Deputy Director General, I performed duties such as conducting procedures about written orders in relation to decisions and judgments, which were rendered by judges and courts and became final without being reviewed by the Court of Cassation, conducting procedures as regards the offences the investigation of which requires permission of the Minister of Justice and also conducting investigation, prosecution and disciplinary proceedings incumbent on the Ministry of Justice as prescribed by the Laws.
At the end of 2008, I was appointed as the Deputy Director General to the Directorate General for Prisons and Detention Houses. This department is responsible for administration of penitentiary institutions and execution of penalties. For nearly 3 years during which I served as the Deputy General Director, I was responsible for the followings: administration and inspection of penitentiary institutions and detention houses and monitoring their financial affairs; coordination of relations with charitable institutions and other institutions with regard to employment of convicts, who were serving their sentences, after execution of their penalties; carrying out procedures regarding the placement of convicts under observation; conducting the referral and transfer procedures of convicts and detainees and coordinating the execution and rehabilitation affairs in this regard; and organizing education and training affairs of convicts and detainees in penitentiary institutions. I contributed to the drafting of regulations and circulars as regards the management of execution services. I inspected penitentiary institutions on a regular basis and made contributions to ensure that penalties were executed in humane conditions.
I was appointed as the Deputy Undersecretary in 2013. The position of deputy undersecretary is a high-ranking post within the Ministry. As the Deputy Undersecretary, I am responsible for the works of the Directorate General for Personnel, of the Directorate General for Prisons and Detention Houses and of the Project Coordination Committee. I have played an active role in and exercised discretion as regards the drafting of several laws regulations and circulars. I have chaired judicial projects. I ensure coordination of the preparation and implementation of the Judicial Reform Strategy which sets the aims and goals regarding the future of the Turkish justice system. The Project Coordination Committee, which is chaired by me, has been established with a view to carrying out projects for alignment of the Turkish justice system with the European Convention on Human Rights and European standards. In addition to this, I have ensured coordination of putting the regional courts of appeal into operation which is a very significant reform in the Turkish judicial system. As the Deputy Undersecretary, I ensure coordination of the settlement of issues encountered in the structure and functioning of the Turkish justice system and of the measures aimed at elevating the human rights standards.
I held office as the Acting Undersecretary of the Ministry of Justice for 9 months in 2015. Within that period, I was also a member of the High Council of Judges and Prosecutors. The High Council has been established for the purpose of the judiciary to proceed independent from and impartial to all kind of political and sectarian view and effects. To this end, it has been authorized to appoint, to promote, to impose a disciplinary sanction and to permit prosecution for judges and prosecutors in office. I, as member of first chamber, handled with appointment of judges and prosecutors. On the other hand, as a member of plenary session, I handled all other issues just mentioned upon objection made by the parties of the relevant process.
He gained the Mediator Certificate on ……, and he has the capacity of a mediator.
Books:
Articles:
Presentations:
Presentation on judicial and administrative investigations conducted by inspectors, 2006, 2007 and 2008
Teaching activities:
Seminars and Conferences organized:
Head of the Executive Board for the International Istanbul Law Congress (attended by presidents of high courts, ministers of justice and chief public prosecutors from fifty States)
Projects took part in:
Meetings and Seminars attended:
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Yes, I confirm.
Yes, I confirm.
Name, surname: Ergül, Ergin
Sex: Male
Date and place of birth: 24 January 1968, Balikesir/Turkey
Nationality: Turkish
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Year |
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Faculty of Law, Istanbul University |
Law |
1990 |
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Institute of Forensic Medicine, Istanbul University |
Legal and criminal aspects of drug addiction |
1993 |
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PhD |
Institute of Security Sciences at the Police Training College |
Protecting foreigners against expulsion, refoulement and extradition in the European Human Rights Convention |
2011 |
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Short course of study – the judicial system in France |
Ecole National de la Magistrature (France) |
Six months |
2000 |
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23 books published, some fifty articles published in legal or other periodical journals and 9 articles published in academic journals
Some books published:
in Turkish
In English
In French
A number of academic articles:
In Turkish
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I intend to do so for English before taking up office.
I confirm.