[…]
In reference to your letter dated 20 April 2018, I would like to present the candidacy of Ms Esra Gül Dardağan Kibar for election as judge to the European Court of Human Rights in respect of Turkey. The CV of Ms Dardağan Kibar is at annex.
The candidacy of Ms Dardağan Kibar is submitted in addition to the candidacies of Mr Selami Kuran and Mr Necati Polat whose candidacies had been forwarded in my letter dated 13 March 2018.
[…]
***********************************
[…]
In reference to your letter dated 21 October 2015 as well as 10 October 2017, I would like 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):
[…]
1. The election of the candidates for the position of judge at the European Court of Human Rights was commenced by the Turkish Government 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.
2. 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 first list to the Committee on the Election of Judges to the Court and to commence the second election procedure.
3. The second list of candidates which was submitted to the Advisory Panel had also been found unsuitable. However, the Government decided to submit the second list to the Committee on the Election of Judges to the Court. The candidates in the second list were not found qualified. For this reason, the Government decided to commence a new procedure.
4. As it had been the case with the first and second one, the procedure was initiated with a public announcement for candidates posted simultaneously on the websites of the Ministry of Foreign Affairs and the Ministry of Justice on 23 October 2017. Moreover, in order to raise awareness of potential candidates, the announcement was also sent to the Court of Cassation, the Supreme Administrative Court, the Constitutional Court, the Higher Education Institution and the Union of Turkish Bar Associations. The public announcement remained on the websites for 30 days. The applicants were requested to submit their documents until 23 November 2017. All process, including the relevant deadlines, was clearly mentioned in the announcement.
5. In accordance with the Resolution No. 1646 (2009) of the Parliamentary Assembly, the applicants are expected to meet the following criteria:
6. In addition to the above-mentioned criteria, the applicants are also expected to have one of the following qualifications:
7. The applicants were asked to submit their curriculum vitae in one of the official languages of the Council of Europe.
8. In the prescribed period of 30 days for submission, a total of 32 applications were received. The Interview Committee reviewed the CVs of the applicants and decided not to call eight of them on the ground that they did not satisfy the criteria.
9. The applicants were interviewed by the Interview Committee composed of:
10. All applicants were summoned for individual interviews that had been conducted on 13 December 2017, and all candidates attended.
11. Following the interviews, the Interview Committee agreed on a short list of ten 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, twenty minutes.
12. The Council of Ministers selected three candidates, namely Prof. Dr. Selami Kuran, Selma Öztürk Pınar and Prof. Dr. Necati Polat for this post in accordance with the Resolution No. 1646 (2009), from the short list submitted by the Interview Committee.
13. [...] The Government decided to submit the said list to the Committee on the Election of Judges to the Court.
14. It was officially notified to the Government by the Secretary General of the Parliamentary Assembly of the Council of Europe that the candidate Selma Öztürk Pınar withdrew from candidacy on 20 April 2018. Thereupon, the procedure was initiated with a public announcement for only female candidates posted simultaneously on the websites of the Ministry of Foreign Affairs and the Ministry of Justice on 20 April 2018. The public announcement remained on the websites for seven days. The applicants were requested to submit their documents until 27 April 2018. All process, including the relevant deadlines, was clearly mentioned in the announcement.
15. In the prescribed period of seven days for submission, a total of nine applications were received.
16. All applicants were summoned for individual interviews that had been conducted on 2 May 2018, and eight candidates attended.
17. Following the interviews, the Interview Committee (see § 9 above) agreed on a short list of three candidates and these names were submitted to the Council of Ministers of Turkey in order to make the final decision.
18. In addition to two previous male candidates (see § 12 above), the Council of Ministers selected a female candidate, namely Neslihan Karataş Durmuş, for this post in accordance with the Resolution No. 1646 (2009), from the short list submitted by the Interview Committee.
19. [...]
20. Subsequently, another candidate from the reserve list of candidates (see § 17 and § 18 above), Prof. Dr. Esra Gül Dardağan Kibar was found suitable by the Interview Committee for this post and submission of her name to the Advisory Panel was deemed appropriate by the President of the RepublicNote.
Prof. Dr. Esra Gül Dardağan Kibar: She has been working for the department of International Private Law in the Faculty of Political Sciences in Ankara University since 1991. She earned the title “Professor” in 2014. She interprets the law of aliens in terms of human rights. She has written many books and conducted studies in the field of international law. Especially, she worked on the subject of deportation from the perspective of human rights in her academic studies. She has directed many theses in the field of conflict of laws, international procedural law, law of aliens and European Union intellectual property law. Also she submitted declarations to national and international platforms in her field of expertise. Between 2014 and 2017, she was the head of the department of Political Sciences and Public Administration in the Faculty of Political Sciences in Ankara University. In addition to these, she published several articles and books on the international conflict of laws, law of aliens, and history of Turkish Law. She has also very intense knowledge on international human rights law and human rights perspective because of her teaching. Accordingly, it is clearly inferred that she is eligible for the post on account of the high level of her language skills and knowledge of international law and human rights.
Name, forename: Dardağan Kibar, Esra Gül
Sex: Female
Date and place of birth: 9 October 1967, Ankara
Nationality: Turkish
|
Institution [Date from – Date to] |
Degree(s) or Diploma(s) obtained: |
|
Ankara University, Faculty of Law [1986-1990] |
Licence |
|
Ankara University, Graduate School of Social Sciences [1991-1993] |
Master |
|
Ankara University, Graduate School of Social Sciences [1993-1999] |
PhD |
|
Institution [Date from – Date to] |
Academic/ Professional Qualification |
|
Ankara University, Faculty of Political Sciences [1991-1999] |
Research Assistant |
|
Ankara University, Faculty of Political Sciences [1999-2000] |
Research Assistant, PhD |
|
Ankara University, Faculty of Political Sciences [2000-2002] |
Lecturer, PhD |
|
Ankara University, Faculty of Political Sciences [2002-2008] |
Assistant Professor |
|
Inter-Universities Council, 25.12.2006 |
Title of Associate Professorship (Habilitation) |
|
Ankara University, Faculty of Political Sciences [2008-2014] |
Associate Professor |
|
Ankara University, Faculty of Political Sciences [2014-] |
Professor |
Expertise in civil lawsuits in the field of Private International Law.
I am teaching Private International Law in under-graduate and graduate program. I taught also Introduction to Turkish Law between 2003 and 2016 in under-graduate program. Some of my published books and articles in the field of Private International Law and History of Turkish Law are below mentioned. I have supervised many theses at graduate level in the field of Conflict of Laws, International Civil Procedure, Status of Aliens and European Intellectual Property Law. I have submitted papers in national and international symposiums on subjects falling into my research area.
None
I am teaching the topic of Status of Aliens in the sphere of Private International Law in human rights perspective. Some of my articles and researches on the mentioned topic are also prepared in this perspective, particularly those concerning deportation.
None
None
Intellectual Property
2013-nowadays
Membership of Central Board of the Intellectual and Industrial Rights Research and Application Center (FISAUM), Ankara University.
Selected Publications
Books/ Authorship of Chapters in Edited Book
(5 books and 5 authorship of book chapters in total)
Articles
|
Language |
Reading |
Writing |
Speaking |
||||||
|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
|
a. First language: |
|||||||||
|
– Turkish |
X |
X |
X |
||||||
|
b. Official languages: |
|||||||||
|
– English |
X |
X |
X |
||||||
|
– French |
X |
X |
X |
||||||
Membership of UNESCO International Agreements Committee in Turkish National Commission for UNESCO (2007-)
I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: Kuran, Selami
Sex: male
Date and place of birth: 5 December 1962, Viransehir
Nationality: Turkish
Providing legal services as a consultant before the Turkish courts regarding the issues such as freedom of expression, right to fair trial, protection of properties and other fundamental rights and freedoms.
My teaching experiences consist of branches of the public international law and European Union law for 25 years (10 years as a professor) including various lectures in bachelor, master and doctoral levels at Faculty of Law and Institute of European Union.
25 years (10 years as a professor)
As a “public international law” and “European Union law” professor I give various lectures which can be counted as follows:
Bachelor Lectures:
Master and Doctorate Lectures:
Prominent theses which have been accepted under my supervision, among others as follows:
Among over than fifty publications, my prominent studies may enumerate as follows:
|
Language |
Reading |
Writing |
Speaking |
||||||
|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
|
a. First language: |
|||||||||
|
- Turkish |
X |
X |
X |
||||||
|
b. Official languages: |
|||||||||
|
- English |
X |
X |
X |
||||||
|
- French |
X |
X |
X |
||||||
|
c. Other languages: |
|||||||||
|
- German |
X |
X |
X |
||||||
I confirm that, in case of I am elected as a judge of the Court and if I would not meet the language proficiency in French, I will intent to follow intensive language classes for French.
I confirm that, in case of I am elected as a judge of the Court, I will take up my permanent residence to the Strasbourg.
Name, forename: Polat, Necati
Sex: male
Date and place of birth: 27 June 1963, Elazig (Turkey)
Nationality: Turkish
1. An established legal scholar and (as I would like to think) an internationally recognised jurisconsult, I am currently Professor of Public International Law at the Dept. of International Relations, Middle East Technical University (METU), Ankara, since 2006. My area of specialisation is international human rights law. METU, where the medium of instruction is English, is one of the top universities in Turkey. It has a long-enduring cosmopolitan ethos in teaching and research and in the profiles of its teaching staff and students. I am fairly well published internationally, with many academic pieces in prestigious international journals (see Section VII below) and several books published by reputable academic publishers, such as the Edinburgh University Press, Routledge, and the international law specialists Transnational (now part of Brill).
2. Having taught various courses of public international law for over 23 years, I have intimate knowledge of the area. I have authored several Turkish-language textbooks in international law and in human rights as a sub-discipline. Bir Kuram Olarak Uluslararasi Hukuk (International Law as Theory), which came out in 1999, is an undergraduate textbook at many Turkish universities. In human rights, I am the co-author of the books Insan Haklari ve Demokrasi El Kitabi [A Handbook of Human Rights and Democracy] (1998) and Herkes Icin Insan Haklari ve Demokrasi [Human Rights and Democracy Simplified] (2004).
3. I have expert knowledge of the national legal system in Turkey, with emphasis on rights and the constitutional function of the state. Before my PhD work, I was a research assistant in constitutional law for three years. On my postgraduate course “Turkey and the European Court of Human Rights (ECtHR),” students are guided to study and research the relevant legal issues, especially in the Turkish penal law, before we go in class through the specific ECtHR case files picked for the week, with Turkey as the respondent state. My book, Regime Change in Contemporary Turkey: Politics, Rights, Mimesis, is centred on specific problems in the national legal system in Turkey, especially the poor implementation of the basic rights in the Convention law.
4. I would like to think that I have some aptitude for judicial interpretation of the law, especially the interpretation of treaties. My PhD thesis is on the interpretation of formal legal instruments in individual cases, and the attendant problems of adjudication: Interpreting the Law: a Reassessment of the Dichotomy between the Law and its Readings. It was through my work on treaties, such as the Convention, that I became interested in public international law, subsequently devoting most of my academic work to it.
5. Having worked as an evaluator on the European Union 6th and 7th Framework Programmes, Brussels, I have some ability to work as part of a team at international level. I taught the Convention law at the University of Southern Denmark (2010-2011), where I was, again, part of an international academic team.
6. I would like to think that I have been not only independent in my work over decades, but also impartial. My aforementioned book Regime Change in Contemporary Turkey (especially Part II) is an objective assessment of the human rights practices in Turkey in the light of the Convention law, not at all shy, at some personal peril perhaps, of strong criticisms of the political rule.
7. Finally, I am proficient in English, with near-native mastery, and have some knowledge of French.
Developer and instructor at METU of several courses (1999-2017) centered on the European Convention on Human Rights, the Protocols, and the case law of the European Court of Human Rights, including the following courses:
International Human Rights Law
The European Regime of Human Rights
Turkey and the European Court of Human Rights
Human Rights Issues in Europe
Human Rights in Russia
Co-coordinator of the European Union and the Turkish Democracy Foundation project (1998-1999) on the Mainstreaming of Human Rights in the Turkish Education System.
Law and human rights expert (2011) on the Turkey Political Criteria Programme funded by the Danish Foreign Ministry, to review on terrain several human rights awareness and advocacy projects that involved the Turkish police, the Ministry of Interior bureaucrats, and several non-governmental organisations in various Turkish provinces, including Diyarbakir.
Human rights expert on the Council of Europe project Democratic Citizenship and Human Rights Education (2012), in coordination with the Turkish Ministry of Education.
Author of the above-mentioned book on Turkey’s commitments to the Convention law and the actual state of human rights in the country, especially from 2013: Regime Change in Contemporary Turkey: Politics, Rights, Mimesis (Edinburgh University Press, 2016). The book also includes an assessment of the early performance of the Turkish Constitutional Court in its newly introduced function of settling human rights issues via individual applications. The rights treated to separate chapters and sections in the book include: freedom of expression, especially media independence; government control of internet access; social media restrictions; freedom of assembly and association; issues of free and democratic elections; hate crimes; discrimination; violence against women, the LGBTI rights, the ordeal of sex workers, dying prisoners, the right to life and the astonishing toll of workplace mortality.
Implementation of basic rights under the current structure and dynamics of world politics is a theme that runs throughout my book International Relations, Meaning and Mimesis (New York and London: Routledge, 2012).
Co-author of the following book on the state of rights in Turkey:Human Rights in Turkey (Ankara: Turkish Democracy Foundation, 1998).
Turkish Academy of Sciences lifetime member: 2012-
Visiting Researcher, Università degli Studi di Firenze, Dipartimento di Teoria e Storia del Diritto, Florence, Italy (2012)
Visiting Professor, Institute of History, Centre for Contemporary Middle East Studies, University of Southern Denmark, Odense (2010-2011)
Visiting Scholar at Edinburgh University, Scotland (2008)
Visiting Scholar at the Faculty of Oriental Studies, University of Cambridge, England (2003-2004)
Visiting Senior Research Fellow at Zentrum für Europäische Integrationsforschung, Rheinische Friedrich-Wilhelms-Universität, Bonn, Germany (2002)
Visiting Professor at the University of Kent (Darwin College), Canterbury, England (1995)
Visiting Research Fellow at the University of Tours, France (1990)
Many academic seminars, papers at academic conventions, and conference organisations outside Turkey, including those in the following countries: England, Scotland, Germany, France, Italy, Switzerland, the Netherlands, Belgium, Denmark, Sweden, and the United States of America.
Review of manuscripts for European Journal of International Law, European Journal of International Studies, Review of International Studies, Theory, Culture & Society, Millennium: Journal of International Studies, Alternatives: Global, Local, Political, International Political Sociology, Journal of Contemporary European Studies, Security Dialogue, Turkish Studies, Cyprus Review, Perceptions, Peace Building, Spectrum.
I have four English-language books published so far (as cited in Sections III and IV above), and two other English-language books are currently in progress. My early book on legal issues of territory in Central Asia in the aftermath of the Soviet Union, including rights, the ethno-border and transboundary water disputes, Boundary Issues in Central Asia (New York: Transnational, 2002), is still the only book-length academic work on the theme and is generally regarded as authoritative.
I have five Turkish-language books. In addition to the ones cited above, the Turkish-language books include the following co-edited volumes:Devlet, Sistem ve Kimlik: Uluslararasi Iliskilerde Temel Yaklasimlar >The State, the System, and Identity: Basic Approaches in International Relations>, (Istanbul: Iletisim, 2001);Uluslararasi Iliskilerde Catismadan Guvenlige [From Conflict to Security in International Relations] (Istanbul: Bilgi University Publications, 2012).
Many English-language articles published in the following academic periodicals (1994-2014):
Oxford Journal of Legal Studies
Law and Critique
International Journal for the Semiotics of Law
Social and Legal Studies
Government and Opposition
Peace Review: A Transnational Quarterly
International Affairs
European Journal of International Relations
Review of International Studies
Millennium: Journal of International Studies
Alternatives: Global, Local, Political
Internationale Politik
Mediterranean Politics
Insight Turkey
Social Text
Interventions: International Journal of Postcolonial Studies
|
Language |
Reading |
Writing |
Speaking |
||||||
|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
|
a. First language: |
|||||||||
|
Turkish |
X |
X |
X |
||||||
|
b. Official languages: |
|||||||||
|
– English |
X |
X |
X |
||||||
|
– French |
X |
X |
X |
||||||
My English is near native. As for French, I studied it in France many years ago (I enclose a certificate), but have since had little use for the French that I then picked up. As a result, presently my French is less than adequate. However, I am delighted to confirm my intention to resume French-language studies in any way possible if I am elected a judge on the Court.
The scholarships, awards and prizes won include those by the Leverhulme Trust of the United Kingdom (2002-2005), the DAAD of Germany (2002), NATO (2000-2002), the HSFR of Sweden (1998-1999), the British Council (1995), the Turkish Ministry of Education (1989-1994), METU Outstanding Academic Achievement Awards (1999, 2011), the Turkish Academy of Sciences research award (2003-2004), and the academic publication awards of the Turkish TÜBİTAK (1994-2017).
h-Index (Google Scholar): 10
I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.