Saving the Turkish judiciary


You are sipping your coffee at Cafe de Flore in Paris and flicking through newspapers. You happen to see a piece of stunning news. Newspapers report that a prominent businessman sends a famous prosecutor who carries out controversial investigations that spark debate in France, to Dubai. This prosecutor has a nice time in Dubai with a few friends and family. The businessman covers the full costs of the luxurious holiday which is valued at 30,000 euros (TL 86,703). What would be your first reaction, bewilderment or confusion?This time you are sitting on a park bench at Luxembourg Gardens and again thumbing through newspapers. You come across the same prosecutor as you leaf through the pages. The newspapers say that investigators notice an oddity while inquiring into his income and expenditure account. They find out an unexplained gap of 50,000 euros between income and expenditure. Would you not think that this prosecutor had generated undeserved income? What would you feel, anger or frustration?Today you have enough leisure time to surf on social media and you cannot believe your eyes when you see the same prosecutor tweets anonymously about French President Francois Hollande. He says, "Hollande will come to a bitter end just like Saddam Hussein and Gadhafi." He openly threatens Hollande with a coup and execution. Furthermore, he claims Russian agents infiltrated the top echelon of the French state and took over the reins in France. You become thunderstruck. You cannot help but think that this prosecutor has some psychological problems.The first thing you do is look at his Twitter profile and think that he must have resigned from the prosecution office, however, you become stumped yet again when you see he is still described as a prosecutor on his profile. You continue your research and find out that France's judicial board, which handles the investigation of prosecutors and adjudicators, protects this prosecutor and does not allow any inquiries into his affairs due to ideological and religious solidarity. What would you feel now? Would you lose confidence in the French judiciary or sink into pessimism?Now take a deep breath and relax a bit. None of these incidents happened in France, they are all from Turkey and we are talking about the Turkish judiciary. So far, the Turkish judiciary has come to the fore with its problematical verdicts. In the past, Kemalist ideology dominated the judiciary on its own and the judiciary turned into a weapon for the Kemalist system. It has become neither independent nor impartial. It outlawed political parties that displeased the military and imprisoned their opponents.An important step was taken in 2010 to break this homogeneous judicial structure. A constitutional referendum was held to amend the structure of the High Council of Judges and Prosecutors (HSYK), which admits judges and prosecutors to the profession, appoints them and allows investigations. The new application entailed that the HSYK members would be elected by judges and prosecutors' voting in order to create a supreme board with zero dominance. This was achieved to a certain extent, but the risk of another tutelage emerged.The Gülenists, who infiltrated the judiciary and police, abused the critical positions they gained in the HSYK to protect pro-Gülenist judges and prosecutors. Since 2008, the Gülenist judges and prosecutors carried out comprehensive operations under the cover of "fighting against a coup" and jailed a great number of innocent people. It has also surfaced that these judges and prosecutors unlawfully wiretapped many people with false verdicts and blackmailed them.As I mentioned above, nasty relations between prosecutors and businessmen have come into the open. However, the HSYK, which is supposed to crack down on these judicial infractions, does not launch the necessary initiatives. This is because the Gülenists still have a hold of critical positions and are hampering the process. How will this problem be handled? How will the Turkish judiciary attain independency and impartiality? A total of 14,000 judges and prosecutors will vote in the next HSYK election that is scheduled for October 2014. Those who are troubled with Gülenists' presence in the HSYK came together under the Platform for Judicial Union. They will go to the elections with a pluralistic list which includes conservatives, nationalists and social democrats. It is highly important that they win this election as it will help to maintain independency and impartiality in the Turkish judiciary, which is on the verge of death and should not be left for dead.