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Hurriyet, Turkey
Nov 30 2012
Tell me who your ombudsman is
by OZGUR MUMCU
What did the European Court of Human Rights (ECHR) say in its decision
on slain Turkish-Armenian journalist Hrant Dink? It said this: `The
approval, by the Supreme Court of Appeals, of the penalty given to
Hrant Dink because of Article 301 of the Turkish Penal Code is a
violation of freedom of expression.'
The ECHR did not say this alone. It is also stated in the decision
text how Article 301 was used like a weapon against Dink, how the path
to his killing was opened with the 301 case and that the state did not
take any action to protect Dink.
What business will the institution of the ombudsman undertake?
It will examine, research and make suggestions about all kinds of
operations and activities, attitude and conduct of the administration,
determining whether they are in `line with the sense of justice based
on human rights, as well as their accordance with the law and
justice.' The Parliament elected Mehmet Nihat Ã-meroÄ?lu to head theis
institution. His duty is to research and examine whether the deeds of
the administration are in line with the sense of justice based on
human rights. Ã-meroÄ?lu is a judge. It should be assumed that he
understands justice and the law, human rights and the like. However,
Ã-meroÄ?lu is not such a judge. He is a judge whose signature is below
the decision of the Supreme Court of Appeals, the one which the ECHR
has declared and publicized as a violation of freedom of expression.
A judge who found an `insult to Turkishness' in the article that Dink
wrote for the Armenian diaspora and which said, in short, `Do not
dwell on the Turks; instead of that, strengthen your ties with
Armenia,' is now the chief public auditor ` a person who hunted for an
insult among statements that any literate person with a minimum of
insight could not conceive of containing an insult. That very person
will be the representative of the sense of `justice based on human
rights.' He will do his job in the wake of the ECHR's ruling to
declare his decision as contrary to human rights, in other words, as a
person whose conception of human rights is much lower than the
standards of advanced democracy. As a person whose decision has been
registered by an international court as being against human rights, he
will audit the public from the point of justice. There is a
prerequisite for becoming the chief public auditor. And that is not to
be a member of a political party. Ã-meroÄ?lu also is not a member of a
political party. He meets the requirement in form. At the same time,
however, the witness at his son's wedding was the Prime Minister.
What does his son do? He works at Turkish Airlines (THY). A public
enterprise. What is Ã-meroÄ?lu's responsibility? To review possible
complaints about public institutions. The law on public auditing also
states that the chief public auditor has to act `in accordance with
impartiality while performing his duties.'
The prime minister was a witness at his son's wedding, and his son
works for THY. How is Ã-meroÄ?lu going to act impartially?
To elect a registered human rights violator, who is also a family
friend of ErdoÄ?an, as an impartial person expected to work based on
human rights also demonstrates what those 258 deputies understand
about democracy and human rights. Tell me who your ombudsman is and I
will tell you who you are.
Ã-zgür Mumcu is a columnist for daily Radikal in which this piece was
published Nov 29. It was translated into English by the Daily News
staff.
November/30/2012
http://www.hurriyetdailynews.com/tell-me-who-your-ombudsman-is.aspx?pageID=238&nID=35784&NewsCatID=396
Nov 30 2012
Tell me who your ombudsman is
by OZGUR MUMCU
What did the European Court of Human Rights (ECHR) say in its decision
on slain Turkish-Armenian journalist Hrant Dink? It said this: `The
approval, by the Supreme Court of Appeals, of the penalty given to
Hrant Dink because of Article 301 of the Turkish Penal Code is a
violation of freedom of expression.'
The ECHR did not say this alone. It is also stated in the decision
text how Article 301 was used like a weapon against Dink, how the path
to his killing was opened with the 301 case and that the state did not
take any action to protect Dink.
What business will the institution of the ombudsman undertake?
It will examine, research and make suggestions about all kinds of
operations and activities, attitude and conduct of the administration,
determining whether they are in `line with the sense of justice based
on human rights, as well as their accordance with the law and
justice.' The Parliament elected Mehmet Nihat Ã-meroÄ?lu to head theis
institution. His duty is to research and examine whether the deeds of
the administration are in line with the sense of justice based on
human rights. Ã-meroÄ?lu is a judge. It should be assumed that he
understands justice and the law, human rights and the like. However,
Ã-meroÄ?lu is not such a judge. He is a judge whose signature is below
the decision of the Supreme Court of Appeals, the one which the ECHR
has declared and publicized as a violation of freedom of expression.
A judge who found an `insult to Turkishness' in the article that Dink
wrote for the Armenian diaspora and which said, in short, `Do not
dwell on the Turks; instead of that, strengthen your ties with
Armenia,' is now the chief public auditor ` a person who hunted for an
insult among statements that any literate person with a minimum of
insight could not conceive of containing an insult. That very person
will be the representative of the sense of `justice based on human
rights.' He will do his job in the wake of the ECHR's ruling to
declare his decision as contrary to human rights, in other words, as a
person whose conception of human rights is much lower than the
standards of advanced democracy. As a person whose decision has been
registered by an international court as being against human rights, he
will audit the public from the point of justice. There is a
prerequisite for becoming the chief public auditor. And that is not to
be a member of a political party. Ã-meroÄ?lu also is not a member of a
political party. He meets the requirement in form. At the same time,
however, the witness at his son's wedding was the Prime Minister.
What does his son do? He works at Turkish Airlines (THY). A public
enterprise. What is Ã-meroÄ?lu's responsibility? To review possible
complaints about public institutions. The law on public auditing also
states that the chief public auditor has to act `in accordance with
impartiality while performing his duties.'
The prime minister was a witness at his son's wedding, and his son
works for THY. How is Ã-meroÄ?lu going to act impartially?
To elect a registered human rights violator, who is also a family
friend of ErdoÄ?an, as an impartial person expected to work based on
human rights also demonstrates what those 258 deputies understand
about democracy and human rights. Tell me who your ombudsman is and I
will tell you who you are.
Ã-zgür Mumcu is a columnist for daily Radikal in which this piece was
published Nov 29. It was translated into English by the Daily News
staff.
November/30/2012
http://www.hurriyetdailynews.com/tell-me-who-your-ombudsman-is.aspx?pageID=238&nID=35784&NewsCatID=396