NEWS
  • Modified Date : 22.07.2016 14:58
  • Created Date : 20.07.2016 17:40
  • Activity Date : 20.07.2016

SCALE SHOULD BE VERY SENSITIVE WHILE CLEANING LINKED WITH “DARK STRUCTURE” IS MADE IN JUDICIARY AS A CONSTITUTIONAL INSTITUTION

As Istanbul Bar Association, we had screamed out the dangers of the organization, known as FETÖ, which infiltrated into all divisions of the state, while some [people] had been reciting praises for its leader. Noone listened to us.

We screamed out while Turkey was being taken as captive, national army was being plotted, Turkish Armed Forces was discharged with various scenarios, patriots were being imprisoned based on falsified documents, while some, who are currently imprecating this structure, used to rejoice as dignity hangmen.    Therefore, charges were bought against us. Noone listened..

We told not to surrender the critical divisions of the state, especially the judiciary, to the political power. We screamed out the possible dangers of this. Noone listened.

This structure has expanded with a hormonal pace with the approval and protection of the political power. The most sensitive institutions of the state were surrendered to this structure. We screamed “Don’t”. Noone listened.  .

We repeatedly voiced out this accompliceship and we will go on doing so.

Collapsing this dark structure and its removal from the capillary vessels of the state  is an urgent responsibility, in compliance with law, of the legitimate organs of the state. The last coup attempt has shown once again that a determined struggle with this raving, externally-supported structure that is a puppet of imperialism is an urgent national security problem to be handled without delay in terms of the existence, survival and continuity of the state.    

Judges and prosecutors who misuse law as a weapon to destroy legal security, deprive people of their freedoms, torture the suspects and the accused, take orders and instructions not from law, but from their leaders and his “imams”, and are members of this structure are accountable before law.  Yet, this is a delayed step.

However, we would like to voice out the following points and our concerns below;

1)        Judiciary is an important and sensitive institution, which should be independent and impartial. It shall not be subject to any structure or political power. 

2)        Given these characteristics above, judges and prosecutors that are the members of this dark structure and make their decisions following the instructions of this organization have no place within the judiciary. The required steps should be taken absolutely and in a determined manner within law. This is something required both for justice and legal security.

3)        Cleansing of these people -who are the members of a certain structure, a dark organization, and who act in accordance with the instructions of this organization, not based on the law and their conviction, who misuse the “sword” of justice to “reap” the life and freedom of the people, who are called as “judges” and “prosecutors” in appearance just because of their robes- from judiciary is ,undoubtedly, an obligation, even a delayed step, not a victimization.

Even in this period, right to fair trial, proportionality principle in protective measures and procedural rules, which these judges and prosutors linked with this structure had previously denied to the accused and the suspects of conspiracy cases, should be regarded. 

4)        However, the most alarming of all would be the “combing out” of the judges and prosecutor- without having any concrete evidence and information and with a massive approach- who have not adopted the political views of the current political power, who do not pay homage to the political power, but have adopted the values of the Republic, taking this as an opportunity to change the genetics of the judiciary that would lead to a deep-rooted dissolution in judiciary and to a judiciary that is dependent on the political power. Istanbul Bar Association would stand against any action in this direction.

[…]

6)        Given these circumstances, while a purification is being achieved in the judiciary, “harvester” should not run over the judiciary as a whole. Without pursuing the goal to create a judiciary that would be subject to the political power, people should be handled one by one and evaluation should be made in due diligence. Any action which would groundlessly play with the future and the honor of the members of the judiciary should be avoided.  This corresponds legally to the requirement that the principles such as the presumption of innocence, personality principle in crime and penalty and tort liability, which should be protected for all citizens, should also be considered for the judges and prosecuters a fortiori

Likewise, during the judicial process run for these people, fundamental principles of the criminal law, right to defense and fair trial and procedural rules should meticulously apply.  The judges and prosecutors who do not belong to this dark structure should not be victimized based on a simple suspicion or presumption.

Standing against this is  our duty both to law and the society as a legal institution within the judicial community as well as an ethical requirement of professional sharing and solidarity (though we are not reciprocated most of the times).  

[…]

8)        As a matter of fact, insistent and intense information rendering and complaints by our colleagues that some said judges and prosecutors cannot possibly be involved in this dark structure make us concerned and suspicious. […]

9)        It is unacceptable to convert a legally-grounded cleaning based on evidences into a discharge with politcal orientations. It is unacceptable for the judicary to be converted into a body dependent on the political power. As a matter of fact, an independent and impartial judiciary is the biggest safeguard of the political power as well as the individuals in terms of the legal security.

10)      The appointmet criteria to be applied for the new judges and prosecutors are decisive/indicative in this respect. 

Our demand and expectation as Istanbul Bar Association is sterilization of the judiciary from the members of such dark structures and organizations, and attainment of an independent, impartial and assuring judiciary which is not subject to and dependent on any power and the political power, the members of which are appointed objectively based on merits. Shorty, what we would like to see is a judicary of the Republic, which makes its decision solely in the name of Turkish nation based on the law and their conviction.  

We hope that due sensitivity will be displayed concerning this matter.

                                   PRESIDENCY OF ISTANBUL BAR ASSOCIATION

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