“Law is a necessity, it is an order, it is a must and it is the consciousness to live as a community,” were the words of Ömer Kerkez, president of the Court of Cassation, as Türkiye this week opened its legal year.
The court system in Türkiye can be classified into three main categories, namely, judicial, administrative and military, while the legal system follows the civil law model, which was adopted once the republic was founded. The current system is influenced by Ottoman law, the Swiss Civil Code and European legal systems. Constitutions have changed several times. Constitutional democracy, as it is now, is to be understood to comprise a wide area, including the rule of law, separation of powers, the protection and safeguarding of the right to life, freedom of expression, freedom of religion and conscience, freedom of association, right to property, and other fundamental rights and freedoms.
In Türkiye, judicial services are mainly provided by first-instance courts in the judicial and administrative judiciary, regional courts of justice and regional administrative courts, the Court of Cassation and the State Council. In terms of the judicial system, the Justice Ministry, the Council of Judges and Prosecutors (HSK) and the Presidential Legal Policy Board also have an important place.
With the law and judiciary developing over time to adopt new concepts and challenges, the Turkish system also finds itself at a moment of new challenges and opportunities.
In recent years, the Turkish public has increasingly had doubts about the judicial system. According to a poll by KONDA in late 2021, 69% of participants voiced distrust, while only 31 said they trusted the system. The expansion of social media use, thus the increase of visibility of wrong judicial decisions as well as disinformation, have no doubt contributed to this phenomenon.
A few main topics have recently caused widespread disputes regarding the system among the public, including stripping Can Atalay of his parliamentary seat, the days-long closure of the social media network Instagram and the imprisonment of citizens who criticize the government on digital platforms.
The main challenge the system faces today is the heavy workload on judges and prosecutors. The law professionals, which have also declined in number due to arrests related to the Gülenist Terror Group (FETÖ), are unable to process the high numbers of legal files that accumulate in offices. This has two dangerous consequences, the first of which is the delay in decisions and the prolonging of the case. The second one is that being subjected to too many files beyond capacity results from time to time in wrong decisions – that, in turn, cause public outrage and criticism.
According to the head of the bar association, there are two types of solutions for violating rights: preventive solutions and compensatory solutions.
So, in the upcoming period, Türkiye will aim to increase both the number and the quality of its judicial force.
Another solution will be “to solve the root problem, that is, to take measures to prevent so many files from coming before the courts,” explained Kerkez in his speech Monday, underlining the need for "preventive justice."
Together with preventive justice, the country has also rolled up its sleeves to enhance digital systems in the judiciary to pick up speed. Artificial intelligence will be incorporated into systems while the practice of e-hearings, which started during the pandemic, will be more widespread.
Within the scope of renewal of the system, the Justice Ministry leads work on three important projects: the first Judicial Reform Strategy Document of the Century of Türkiye, covering the years 2024-2028; the third Human Rights Action Plan; and a new constitution. All three will require cooperation from all political parties, circles, academia, judicial experts and nongovernmental organization (NGO) representatives.
Moreover, other goals include increasing the cooperation and compatibility between institutions providing judicial services as well as increasing knowledge of the rights and judicial system among the public.
With an enhanced workforce, a more digitalized system, a higher number of judges and prosecutors, and, ideally, a modernized constitution, trust in the judicial system among the Turkish public will be enhanced in the near future.
