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11. The Impact of the European Court of Human Rights on Justice Sector Reform in the Republic of Moldova

Author:
Judithanne Scourfield McLauchlan
Publication Date:
11-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
For this study, I reviewed the judgments of the European Court of Human Rights against the Republic of Moldova and the corresponding reports of the Committee of Ministers from 1997 through 2014. In addition, I interviewed more than 25 lawyers, judges, and human rights advocates. After analyzing the effectiveness of the Court in terms of compliance with the judgments in specific cases (individual measures), I will assess the broader impact of these decisions (general measures) on legal reforms and public policy in the Republic of Moldova. I will evaluate the effectiveness of the decisions of the ECtHR in the context of the implementation of Moldova’s Justice Sector Reform Strategy (2011-2015), the Council of Europe’s Action Plan to Support Democratic Reforms in the Republic of Moldova (2013-2016), and Moldova’s National Human Rights Action Plan (2011-2014). My findings will offer insights into the constraints faced by the ECtHR in implementing its decisions and the impact of the ECtHR on national legal systems.
Topic:
Human Rights, Reform, European Union, and Judiciary
Political Geography:
Europe and Moldova

12. Key Issues and Policy Recommendations, Conference 7

Author:
Philipp H. Fluri, Oleksiy Melnyk, and Nazli Yildirim
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This publication offers the Key Issues and Policy Recommendations based on the results of the Seventh International Conference “Ukraine’s Civilian Security Sector: Reforms’ Progress and Challenges”. Conference Seven, following to the previous conferences recommendations, provided a platform to discuss the status of reforms in the civilian security sector with a view to identifying key barriers and challenges; and discuss the role of criminal justice institutions in tackling corruption in the civilian security sector.
Topic:
Security, Corruption, Government, Judiciary, and Oversight
Political Geography:
Ukraine and Global Focus

13. Criminal Justice Practice and Violence Against Women

Author:
Kateryna Cherepakha, Alain Laferte, Kateryna Levchenko, Maryna Legenka, Mylene Socquet-Juglard, and Heather Huhtanen
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
The Geneva Centre for Security Sector Governance (DCAF) and La Strada-Ukraine (LSU) collaborated to assess the current practices of the Ukrainian criminal justice system in responding to violence against women and domestic violence. The specific purpose of this assessment was to explore the readiness of the criminal justice system to implement the principles and obligations associated with the Istanbul Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), signed by Ukraine in 2011 and soon to be ratified. Intended to serve as a baseline for the development of policies and projects, this assessment is a key contribution to collective efforts to improve the criminal justice system response to violence against women and domestic violence.
Topic:
International Relations, Security, Gender Issues, Women, Gender Based Violence, Criminal Justice, and Judiciary
Political Geography:
Ukraine and Global Focus

14. Key Issues and Policy Recommendations, Conference 2

Author:
Philipp H. Fluri, Oleksiy Melnyk, and Nazli Yildirim
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This publication offers the Key Issues and Policy Recommendations based on the results of the Second International Conference “Security Sector Governance: The Role of Democratic Institutions & International Best Practices”. Conference Two, following to the first conference recommendations, sought to examine current Ukraine’s security sector governance challenges by highlighting the role of democratic institutions and the international best practices.
Topic:
Security, Human Rights, Democracy, Legislation, Institutions, Judiciary, and Human Resources
Political Geography:
Europe and Ukraine

15. Judicial Reform Packages: Evaluating Their Effect on Rights and Freedoms

Author:
Hande Özhabeş and Naim Karakaya
Publication Date:
12-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“Judicial Reform Packages: Evaluating Their Effect on Rights and Freedoms” authored by Naim Karakaya and Hande Özhabeş, is published as part of TESEV’s ongoing work on judicial reform. The report focuses on the four judicial reform packages released by AK Party government between 2011 and 2013. It analyses the Judicial Packages and evaluates them from the perspective of rights and freedoms, and focuses especially on freedom of expression, right to liberty and security, right to a fair trial as well as the execution system.
Topic:
Security, Law, Reform, Freedom of Expression, Justice, and Judiciary
Political Geography:
Turkey and Middle East

16. The Other Side of the Ergenekon: Extrajudicial Killings and Forced Disappearances

Author:
Gülçin Avşar
Publication Date:
11-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The Ergenekon Trial has been one of the most important political developments in recent Turkish history. The trial helped uncover the ways in which some groups in the military establishment and their political and economic collaborators in civilian circles were intervening illegally in democratic politics. When the trial revealed that the suspects had ties to the Susurluk scandal and to organizations that had committed extrajudicial killings of Kurdish civilians in the 1990s —the Yüksekova Gang, the Gendarmerie Intelligence and Counter Terrorism organization, and the Special Forces Command—there were heightened expectations among the public that grave violations of human rights committed during the 1990s, particularly against the country’s Kurdish citizens, would be brought to light. Yet the prosecutors and panel of judges in charge of conducting the investigation phase of the trial ignored these expectations as they prepared the criminal complaint, instead focusing solely on the charge of “attempting to overthrow the government.” A report published by the TESEV Democratization Program in November 2013, presented the public with an analysis of information found in the Ergenekon case files regarding the grave violations of human rights during the 1990s. The present work, an abridged version of this report, uses the most noteworthy information on murders by unknown assailants from the case files. We seek to present a general analysis of the Ergenekon Trial’s importance in Turkey’s confrontation with its past, to highlight its unprecedented nature in Turkish criminal-justice history, and finally to present our own recommendations.
Topic:
Crime, Law, Courts, Justice, Judiciary, Disappearance, and Extrajudicial Killings
Political Geography:
Turkey and Middle East

17. The Basic Principles and the Choice of Government System in the New Constitution

Author:
Levent Köker
Publication Date:
10-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“The Basic Principles and the Choice of Government System in the New Constitution,” authored by Levent Köker, is the fourth monitoring report published by TESEV under the umbrella of its constitution monitoring project, Turkey Constitution Watch (turkeyconstitutionwatch.org). The report offers a comparative analysis of the presidential and parliamentary system proposals that are discussed in the Constitutional Reconciliation Commission. It also deals with the basic principles (such as rights and freedoms, independence and impartiality of the judiciary, and local autonomy) that should form the basis of system discussions in Turkey.
Topic:
Human Rights, Law, Constitution, Civil Rights, Justice, and Judiciary
Political Geography:
Turkey and Middle East

18. The High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on Its New Structure and Operations

Author:
Onur Bayramoğlu
Publication Date:
01-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
One of the most critical areas of reform in Turkey’s recent history involves the judiciary, which has served to corroborate the tutelary regime. With a discourse emphasizing that the judiciary itself must also be bound by the “rule of law”, the Justice and Development Party (JDP) took a number of steps toward reforming the administration of supreme judiciary bodies, as well as the judiciary in general. The constitutional amendments brought to the ballot in the referendum of 12 September 2012 essentially represented an initiative to transform the judiciary. The amendments package was intended to equip the Constitutional Court and the High Council of Judges and Prosecutors (HSYK) with a more pluralist structure. This report titled “the High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on its New Structure and Operations” is based on discussions of the roundtable meeting attended by representatives from judges and prosecutors professional associations such as YARSAV (The Association of Judges and Prosecutors) and Demokrat Yargı (Democratic Judiciary Association), which adopted divergent positions over the course of the referendum; one representative from HSYK, the direct addressee in the debate; and experts with diverse opinions. With the roundtable, we intended to generate direct discussion by experts and practitioners of the field in a small group affording sufficient time for speakers. As a result, we treated the current situation and practice through an insider’s perspective and in detail. This also provided a shared platform where parties coming from varying political positions exchanged opinions regarding both the HSYK and several contested aspects of the judiciary reform. The roundtable ensured that critiques were communicated to and discussed with the directly relevant parties through face-to-face conversations.
Topic:
Democratization, Law, Rule of Law, Justice, and Judiciary
Political Geography:
Turkey and Middle East

19. Caught in the Wheels of Power: The Political, Legal and Economic Constraints on Independent Media and Freedom

Author:
Ceren Sözeri and Dilek Kurban
Publication Date:
08-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Media policy in Turkey has shaped the media-state relationship since the establishment of the first newspaper in the late Ottoman period. While regulations were often employed as an effective disciplinary tool against the press in processes of state formation and modernization, opponent journalists have constantly been suppressed by state and non-state actors who claimed to act in the name of ‘state interests.’ The lack of a strong pro-democracy social movement; the ideological conservatism of the judiciary; the institutional weakness of the parliament; and the lack of democracy within political parties render the government – and future governments – too powerful vis-à-vis the society and the media. On a positive note, however, there is a growing awareness on the need for social monitoring of the media. In the absence of a widely accepted and established self-regulatory framework, various nongovernmental organizations and activist groups started to watch the media in order to expand the culture of diversity and to reduce discrimination, racism and hate speech.
Topic:
Democracy, Media, Freedom of Expression, Journalism, and Judiciary
Political Geography:
Turkey and Middle East

20. The Ecuador Situation: The Relationship between the Government and the Media

Author:
Camilla Lanusse
Publication Date:
01-2012
Content Type:
Policy Brief
Institution:
Institute for the Study of International Development, McGill University
Abstract:
Long-standing tensions between the government of Ecuador and the private press culiminated in February with a Supreme Court decision, international outrage, and a presidential pardon. Arguing that the media have long acted as a powerful private interest in Ecuador, President Correa in recent months filed and won several lawsuits for criminal defamation against news media and individual reporters, and proposed legislation affecting coverage of political campaigns. The controversy surrounding these events contributed to the debate over freedom of expression and the press in Ecuador, as well as Independence of the judicial system.
Topic:
Development, Government, Media, and Judiciary
Political Geography:
Central America and Ecuador