How many times can the ECtHR turn its head

29 April 2021
Kurban in Law

Thank God for Judge Egidijus Kūris. In ECtHR ruling Ahmet Hüsrev Altan v. Turkey of 13 April, he showed that decontextualized analysis is not inherent to supranational judicial review. Once again saucing up his dissent with Bob Dylan, he asked “how many times can [the ECtHR] turn [its] head and pretend that [it] just doesn’t see” the “pattern and tendency” in the treatment of civil society and independent journalism in Turkey. Kūris was referring to the majority’s failure to find ulterior motive in the prolonged pre-trial detention of a journalist –itself a “pattern and tendency in the [ECtHR’s] determination of Article 18 complaints against Turkey” and beyond.