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New Threshold at the Council of Europe

FK

Fehmi Kuş

April 24, 2026

The latest news from the Council of Europe indicates that we are entering an unusual period in the legal dialogue between Turkey and Europe. The new resolution proposal dated April 22, 2026, is not just a "sanction" text. It is an international reflection of the patience of KHK victims, military students, and families who have sought justice for ten years and have never deviated from the legal ground during this process.

Responsibility Shifting from State to Individual

Until now, in processes related to ECHR rulings, the "state" was always addressed. Violation decisions would come, compensation would be paid, and the issue would remain on an institutional level. This time, however, the situation is different. The "Magnitsky" emphasis articulated in the new text indicates that responsibility has now become personalized. For a judicial official, having their decisions caught in an international monitoring mechanism brings not only professional but also personal concerns about their future.

The issue is no longer just about compensation to be paid by the state; it is becoming the personal responsibility of the signature under the decision.

The Yalçınkaya Decision and the Reality on the Ground

The most striking aspect of the document is that it mentions the Osman Kavala case in the same paragraph as the Yalçınkaya - Turkey (ByLock) decision. This proves that Europe is now interpreting the issue not through individual cases, but through a broad picture of injustice affecting tens of thousands of people. The dignified stance of a mother who has been waiting for justice for ten years, or the technical reports presented by an official dismissed from their profession, now form the basis of those weighty sentences in Strasbourg. This development is not a top-down decision; it is the mature fruit of ten years of civil struggle.

An Opportunity for a Return to Law

The era of "we pay the compensation, we close the file" in relations with Europe is gradually coming to an end. This new process, while challenging for the Turkish judiciary, could also be a way out. Conforming to international standards will not only mean remaining at peace with the outside world but also bringing some relief to the exhausted public conscience of the last decade.

Let's see if this new era can bring about the anticipated legal normalization.

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