LEGAL TRANSFORMATION AND THE IMPACT OF INTERNATIONAL HUMAN RIGHTS MECHANISMS: THE CASES OF TURKEY AND RUSSIA

Abstract

Keywords

• İnsan hakları
• İşkencenin önlenmesi
• Uygulama
• Türkiye
• Rusya

LEGAL TRANSFORMATION AND THE IMPACT OF INTERNATIONAL HUMAN RIGHTS MECHANISMS: THE CASES OF TURKEY AND RUSSIA

Abstract

This paper compares Turkey and Russia with respect to their implementation of international human rights law. Both countries have entered important commitments by accessing to international human rights treaties including the European Conventions on Human Rights and on the Prevention of Torture. They have thus subjected themselves to enforcement and inspection mechanisms that should lead to an enhanced respect for human rights. Such a development, however, has so far only taken place in Turkey. Following numerous judgments by the Human Rights Court and recommendations by the Committee for the Prevention of Torture, Turkey has implemented legislative and administrative reforms that have led to a substantial improvement in the human rights situation. In Russia, which has only recently acceded to the human rights enforcement mechanisms, such a development cannot be made out so far. However it is submitted that the dynamics of an enforcement mechanism including individual applications, binding Court judgments and effective enforcement by an intergovernmental body like the Committee of Ministers of the Council of Europe are well-designed to lead to positive developments in Russia as well

Keywords

• Human Rights
• Prevention of Torture
• Implementation
• Enforcement
• Turkey
• Russia

References

1. U. S. State Department, Country Reports on Human Rights Practices 2004. Russia. Sections 1 and 2.
2. Ziemele, t (29{)4!" "The EU. the Council of Europe and the OSCE: Possibilities and Limits of a Common Human R!gbts Policy in Europe", R. Alleweldt et al. (eds.). llumnn Rights and the Rule of Law. Krakov.