Who can blame the Constitutional Court?


For decades, people had been loudly calling out the shambolic nature of the Turkish judicial system. The laws were seriously undemocratic and the system was falling apart. With the ascension to power of the Justice and Democracy Party (AK Party), things began to change for the better. Sweeping reforms were not only welcomed by the Turkish people but were applauded in Western capitals. However, after 2007 things began to slow down and there were clear indications that some courts, judges and prosecutors were clearly against these reforms and would do everything to stall them.Thus we saw special courts and special prosecutors take the law into their own hands. Instead of dealing a tough blow to corruption, irregularities and military lust, the country chose a different path, turning the judiciary system into an arbitrary one.This attitude seemed to dilute the fight against military rule in Turkey and the struggle to end the rule of gangs and greedy businessmen who made a habit of eating into state funds.Yes, we had the "Sledge Hammer" case and the Ergenekon trials which clearly showed how the military and gangs tried to topple the AK Party rule of Recep Tayyip Erdoğan. Yet at the time we pointed out that some of the arrests were arbitrary and unnecessary and some even seemed to smell of revenge rather than to serve justice.Now we see that some of these arrests were actually an act of revenge by a religious community that used extreme methods to harm their adversaries. They used their own judges and prosecutors to serve their purpose. Now the government has removed most of these judges and prosecutors in a wave of new appointments.Even the prime minister, who wanted to see an end to military domination in politics, was unhappy with the court verdicts and voiced this publicly.So the record had to be put right. That is exactly what the Constitutional Court did. It set the stage for a retrial in every controversial case. However, it did not rule that the defendants were innocent.All it did was to point out that justice was not served properly because of judicial deficiencies. It did not challenge the evidence or the guilty verdicts.The generals and other military personnel who tried to stage a coup and failed should be retried in the "Sledgehammer" cases. The arrogant boss of Fenerbahçe Football Club, who has been caught red handed fixing matches, should be retried. Famous ex-prosecutor Hanefi Avcı, who has allegedly been involved in serious crimes, should be retired. Justice should be served. Can anyone blame the Constitutional Court for this?Turkey has to put its justice system and the judiciary in order. Only then can we start talking about creating an advanced democratic system.