Articles for author: Esra Demir-Gürsel

A Legal Trap for Freedom of Expression

More than seven years ago, 406 academics and researchers have been permanently dismissed from their positions at Turkish universities for signing a peace petition condemning the military operations by Turkish security forces in areas heavily populated by the Kurdish minority. The case raises critical questions about the limitations of international human rights bodies in safeguarding freedom of expression. In this blog, I demonstrate how the pragmatic considerations of the Council of Europe (CoE) contributed to the creation of a judicial trap disguised as a legal remedy.

The Council of Europe’s Sharp Turn

The Council of Europe (CoE) responded promptly to Russia’s act of aggression against Ukraine first by suspending Russia’s representation rights on 25 February 2022, and then by expelling it on 16 March 2022 in accordance with Article 8 of the Statute. The Committee of Ministers used the Article 8 procedure for the first time in the history of the CoE. This might have crucial implications for the broader CoE context and could make the threat of suspension and expulsion more credible for other member states as well.