Erdi TÜTMEZ
İstanbul
Former Istanbul Bar Association Chair Turgut Kazan, assessing the judicial reform package, said, “This is the attempt the give the impression, ‘Look, something’s happening’ with reference to the European Union’s expectations and the people’s quest for justice.”
The Judicial Reform Strategy Document that was expected to affect the status of current trials and imprisoned convicts was released the day before yesterday by President Tayyip Erdoğan. Following the public release of the judicial reforms, the relevant statutory regulations are expected to come before parliament. In his speech announcing the package, Erdoğan said, “Our aim is for all our institutions to become sensitive to the right of property and freedom of expression. We have made statutory amendments to broaden freedoms in every area. We see freedom of expression as being the most important precondition of democracy.”
I spoke to former Istanbul Bar Association Chair Turgut Kazan about the announced Judicial Reform Strategy Document. Kazan summed up the package by saying “This is the attempt the give the impression, ‘Look, something’s happening’ with reference to the European Union’s expectations and the people’s quest for justice.”
Another of Kazan’s criticisms had to do with the package being announced at Beştepe: “In any case, such work cannot be conducted at the palace. It can neither be worked on at the palace, nor announced there.”
Kazan has the following words of criticism for the process in which the package was prepared: “If there is to be anything like judicial reform, the first thing that must be done is to reach an accord with the opposition. A committee must be established composed of jurists, jurists connected to the Ministry of Justice, people nominated from law faculties, and bar associations. Reform in this respect will start with amending Articles 146 and 159 of the Constitution. And you can do this by reaching an accord with the opposition.
Amending Article 146 means freeing the Constitutional Court from political power. Article 159 needs to be amended and this means removing the Board of Judges and Prosecutors, that is the body that will operate independence, from the influence of political power. Now, without doing this, and once all judges are affiliated to the Palace, talk of judicial independence and impartiality is nothing more than the speaking of sweet words. Speaking sweet words provides people with no safeguards, either. There can be no judicial independence with pronouncements of general validity. Judicial independence is a very concrete thing. You cannot bring about judicial independence by imposition.”
One of the most controversial matters in Turkey is the Counterterrorism Law. There is also plenty of debate among jurists about the existence of a legal environment in which the definition of terrorism is imprecise and anyone can be charged with terrorism offences. Kazan points out that there was no reference to an improvement in this regard in the package that was released: “In the package, there is simply reference to freedom of expression as empty words.
You say ‘freedom of expression’ and one day earlier handcuffs are slapped on Kadri Gürsel’s arms. Are you joking? The Cumhuriyet staffers are still incarcerated. A whole host of other journalists are incarcerated. A whole host of people are on trial for having exercised their freedom of expression. And then, while those who assault journalists are released, those who post tweets are detained. With these realities taking place, how can the speaking of sweet words bring us comfort?”
Kazan ended with the following comment: “If the political transition becomes a little milder for the time being, there may before long be situations like some people walking out of jail or avoiding going to jail in some way. But this is not democracy. Freedom of expression does not come about from throwing oneself at the political power’s tolerance or mercy.”
(Translated by Tim Drayton)
Bülent Falakaoğlu
Hakkı Özdal
