15 TEMMUZ SONRASI AİHM TARAFINDAN TÜRKİYE ALEYHİNE VERİLEN İHLAL KARARLARI (Temmuz 2025)
18/09/2025
DANIŞTAY 5. DAİRESİ VE İDARİ DAVA DAİRELERİ KURULU OHAL KHK’LARIYLA MESLEKTEN ÇIKARMA DAVALARI AÇISINDAN KANUNLA KURULMUŞ BAĞIMSIZ VE TARAFSIZ BİR MAHKEME DEĞİLDİR
24/09/2025An Analysis of the ECtHR’s Judgment in Uçar v. Türkiye
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On 12 December 2024, the European Court of Human Rights (ECtHR) delivered its judgment in Mahmut Onur Uçar v. Türkiye (Application no. 32565/23). The applicant, First Lieutenant Mahmut Onur Uçar, who was serving at the Mamak 28th Mechanized Brigade during the coup attempt of 15 July 2016, alleged violations of his right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).
The judgment raises significant concerns regarding the obligation of Turkish courts to provide reasoned decisions, the protection of defense rights, the presumption of innocence, and broader principles of procedural justice. Despite Uçar’s consistent defense that he had acted in compliance with orders from his superiors, he was convicted of attempting to overthrow the constitutional order and sentenced to aggravated life imprisonment. This outcome undermines the principles of individual criminal responsibility and legal foreseeability.
Equally troubling is the ECtHR’s superficial endorsement of the domestic courts’ rulings, which runs contrary to the essence of the right to a fair trial.
This study, authored by Dr. Ufuk Yeşil and drawing on the findings of the Observations on Uçar v. Türkiye report published by the Rights Defenders Initiative, offers a detailed analysis of the fair trial aspects of this case.
