ATTEMPTS TO FORM A LEGAL BASIS TO THE FACTUAL SITUATION, TO CHANGE THE REGIME, TO MAKE A NEW CHARTER, TO EXTRACT ATATURK AND THE NOTION “TURK” FROM THE CONSTITUTION, TO AMMEND THE CONSTITUTION BY FORCE. IT IS AN ATTEMPT FOR A CIVILIAN COUP D’ÉTAT
LATEST DEVELOPMENTS IN JUDICIARY
With the draft law submitted to the Turkish Grand National Assembly, number of circuits and members in the Supreme Court and the Council of State would be reduced and the duties of all the members would be terminated.
With the constitutional amendment in 2010, the structure of the High Council of Judges and Prosecutors, or HSYK, was amended in the name of “expanding so-called freedoms”, which resulted in the overtake of the judiciary by the political power. Afterwards, special courts named “peace criminal courts” were established, and after some other regulations and appointments, a judiciary that is dependent on execution was created. The political power has considered all these inadequate and has geared up to deal the deathblow to the judiciary. It is apparently seen that the latest practices of the presidents of the “Higher” judicial bodies have amended the chemistry and genetics of the judiciary to such an extent.
The structure of the judiciary can ,of course, be amended. However, it is compulsory to have these amendments to be based on an objective requirement and should be aimed at a more independent and impartial judicary. The practices, actions and discourse of the current political power till today has explicitly displayed that this has never been the actual aim. The same outcome has been aimed by this [change in judiciary] as in the case of increase in the number of the Supreme Court and the Council of State some time ago.
Without going into details, we would like to indicate that only those who are “CLOSE” to the political power would be able to “SWARM” in the judiciary with this draft which is explicitly contrary to the Constitution and the legal security! Within the scope of the same draft, the regulation concerning appointment of trustee threatens the right of property, a new “stick” is being created over those who do not pay homage to the political power.
It is interesting that the presidents of the Supreme Court did not make any statements concerning the latest judicial package, that is closely related with the higher judicial bodies, except for some “timid” and “weak” statements of the President of the Supreme Court. It is tremendously noteworthy that the Platform for Unity in the Judicary (Yargıda Birlik Platformu), which asserts and states that it will ensure the independence of judiciary, has kept its silence during this period!
It appears that the platform “for unity in the judiciary”, which is said to be established in order to discharge the parallel structure and make the judiciary independent, is actually a platform “for unicity in the judiciary” to provide the dominance of the political power within the judiciary“.
It is the requirement of law and being a state to combat “parallel structure”, which the political power has walked with hand in hand for years, which has stolen the innocence of Turkey and devastated the country, to eradicate its “members” from the judiciary and all institutions of the state. This should be achieved right away. We support all steps to this end. A determined struggle should be given to combat the parallel structure, which receives foreign support and turns against all the values of the Republic, and it should be removed form all institutions it is nested in, they should be held accountable for the crimes they committed.
Moreover, the attempt of the political power to make the judiciary dependent on one person by misusing the struggle given against the “parallel” structure as well the support to this end is unacceptable while the actual aim of this struggle should be a fully independent and impartial judiciary that only belongs to the nation and the Republic.
Dependence of the judiciary on a certain structure and power is equally dangerous and unacceptable with its dependence on the political power. The objective of the struggle against the parallel structure should not be source of justification for any unlawfullness act and other political aims of the political power.