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THE ISSUE OF JUSTICE
Hurriyet Daily News, Turkey
Jan 21 2014
We understand from the speech our prime minister delivered to our
ambassadors that the government is preparing to prioritize the
100th anniversary of the First World War against the Armenian lobby
activities for 2015.
I find this correct. Different results come out of presenting the
tragic incidents of 1915 as "Turks started massacring out of the blue"
and approaching this incident within the context of the catastrophes
of the First World War.
In the same speech, the prime minister reiterated his known "parallel
state" discourse and emphasized, "They are using every way to
intimidate international investors."
However, for the government to be credible from the perspective of the
confidence of investors and also from the diplomatic angle, it has to
eliminate the concerns it created on the independence of the justice.
Among members of the judiciary themselves, the concern that executive
is intervening with the justice branch is becoming widespread.
According to a recent survey conducted by "adalet.org" website, only 19
of the participating judges and prosecutors find the last reassignment
of the prosecutors done by the HSYK positive. For various reasons,
the rate of those who find them negative, as well as an intervention
is 81 percent.
It was indeed a decree that was against legal practices.
The total rate of judges and prosecutors who say the structure of the
HSYK should continue is 79 percent. Those who say, "This board cannot
contribute to the independence of the judiciary; it has to change"
is only 21 percent.
Only 6.4 percent of judges and prosecutors think the bill submitted
to Parliament for the government to make an operation on the HSYK is
right; 89 percent consider it an intervention with the justice system.
Some 4.6 percent have not declared an opinion.
Ninety percent of the participating judges and prosecutors consider
the reassignment of police directors, "obstructing the investigation
and interfering with the judiciary."
Can you see how different the executive and judicial powers think? Not
only this survey... The government swiftly changed the "Judicial Police
Regulation," enabling police directors to be effective in investigative
affairs and the HSYK issued a statement on Dec. 26 declaring this was
against the Constitution. The government continues referring to this
as the "illegal declaration."
However, 80 percent of judges and prosecutors see this declaration
as "the defense of the independence of the judiciary." Moreover,
the Council of State and General Assembly of Case Departments have
also rejected the government's objection on this matter.
To say the "Community" is influencing these acts is not
persuasive... It does not work... Here, in the criticisms from the
European Union, there are warnings regarding the "independence of
the judiciary" with strong expressions.
Could the reason of these reactions be because of being scared of
major investments like the "third bridge, the third airport..."?
There could indeed be some European companies and establishments that
do not want these projects built due to competitive sentiments, but
it is far from convincing to associate these projects to a topic like
"independence of the judiciary."
Look, the EU Progress Reports had applauded the amendments introduced
through the 2010 referendum, a year when our economy was much more
dynamic, as "a significant step taken toward the direction of judicial
independence."
Now, it would indeed draw reactions and shake confidence to say those
reforms were a mistake and make judiciary inspectors dependent on
the Justice Minister.
Judicial independence is vitally important, both to have a say and to
build confidence in the investors, in the years 2014 and 2015 against
the storms likely to erupt in world politics.
Taha Akyol is a columnist for daily Hurriyet in which this piece
was published on Jan 20. It was translated into English by the Daily
News staff.
January/21/2014
From: Baghdasarian
Hurriyet Daily News, Turkey
Jan 21 2014
We understand from the speech our prime minister delivered to our
ambassadors that the government is preparing to prioritize the
100th anniversary of the First World War against the Armenian lobby
activities for 2015.
I find this correct. Different results come out of presenting the
tragic incidents of 1915 as "Turks started massacring out of the blue"
and approaching this incident within the context of the catastrophes
of the First World War.
In the same speech, the prime minister reiterated his known "parallel
state" discourse and emphasized, "They are using every way to
intimidate international investors."
However, for the government to be credible from the perspective of the
confidence of investors and also from the diplomatic angle, it has to
eliminate the concerns it created on the independence of the justice.
Among members of the judiciary themselves, the concern that executive
is intervening with the justice branch is becoming widespread.
According to a recent survey conducted by "adalet.org" website, only 19
of the participating judges and prosecutors find the last reassignment
of the prosecutors done by the HSYK positive. For various reasons,
the rate of those who find them negative, as well as an intervention
is 81 percent.
It was indeed a decree that was against legal practices.
The total rate of judges and prosecutors who say the structure of the
HSYK should continue is 79 percent. Those who say, "This board cannot
contribute to the independence of the judiciary; it has to change"
is only 21 percent.
Only 6.4 percent of judges and prosecutors think the bill submitted
to Parliament for the government to make an operation on the HSYK is
right; 89 percent consider it an intervention with the justice system.
Some 4.6 percent have not declared an opinion.
Ninety percent of the participating judges and prosecutors consider
the reassignment of police directors, "obstructing the investigation
and interfering with the judiciary."
Can you see how different the executive and judicial powers think? Not
only this survey... The government swiftly changed the "Judicial Police
Regulation," enabling police directors to be effective in investigative
affairs and the HSYK issued a statement on Dec. 26 declaring this was
against the Constitution. The government continues referring to this
as the "illegal declaration."
However, 80 percent of judges and prosecutors see this declaration
as "the defense of the independence of the judiciary." Moreover,
the Council of State and General Assembly of Case Departments have
also rejected the government's objection on this matter.
To say the "Community" is influencing these acts is not
persuasive... It does not work... Here, in the criticisms from the
European Union, there are warnings regarding the "independence of
the judiciary" with strong expressions.
Could the reason of these reactions be because of being scared of
major investments like the "third bridge, the third airport..."?
There could indeed be some European companies and establishments that
do not want these projects built due to competitive sentiments, but
it is far from convincing to associate these projects to a topic like
"independence of the judiciary."
Look, the EU Progress Reports had applauded the amendments introduced
through the 2010 referendum, a year when our economy was much more
dynamic, as "a significant step taken toward the direction of judicial
independence."
Now, it would indeed draw reactions and shake confidence to say those
reforms were a mistake and make judiciary inspectors dependent on
the Justice Minister.
Judicial independence is vitally important, both to have a say and to
build confidence in the investors, in the years 2014 and 2015 against
the storms likely to erupt in world politics.
Taha Akyol is a columnist for daily Hurriyet in which this piece
was published on Jan 20. It was translated into English by the Daily
News staff.
January/21/2014
From: Baghdasarian