Turkey's non-deferrable judicial questions
Due to a rooted statist tradition and fear, the Turkish public has never discussed state institutions as much as they do today
Over the last couple of days Turkey has been confronted by a scandal involving the wiretapping of approximately 3,000 people. It is an enormous investigation focusing on an alleged organization comprising politicians, names from the Left and the Right, artists, NGO representatives and numerous names from the business world.It is not merely an allegation. In an official statement made by the public prosecutor of Istanbul it is stated that 2,284 people have been wiretapped in the last three years without any substantial cause. Meanwhile, the Supreme Board of Judges and Prosecutors (HSYK) have begun a separate investigation.It is claimed that prosecutors have become independent within the parallel structure of the court and function under a certain group on Turkey's agenda for political purposes and blackmailing. The magnitude of the wiretappings is most likely more comprehensive than it seems. Many of those who have been wiretapped have stated that they will file official complaints regarding the matter.This is truly a worrisome situation. There has been a serious judicial predicament for decades and many citizens no longer trust this founding institution, but it has not previously reached such a critical level. Perhaps the situation was always critical but it had never been unveiled to such a degree.In Turkey, courts were somewhat independent, but they have never been neutral. It has always existed as an ideologically sharp apparatus towards the public and has functioned as a threat towards intellectual freedom.There are laws and articles that regulate the court, in which some are problematic. For instance, detention periods, the usage of privacy policies against the defendant, the practice of a two-headed law system with the separation of private and general law, HSYK's structure of uniting commissioners and prosecutors under the same regulation and supervision agency, are only a few.The main concern, however, is the dominant ideological statist point of view of this institution. Even the most carefully designed laws could be interpreted as being in the favor of the defendants' liberty. Judges and prosecutors are supposed to be subjectively neutral, while they in reality are mentally constructed to protect the state from the people.With the Dec. 17 operation, the situation turned into a more desperate actuality. It appears that a group that identifies itself as belonging to the Gülen Movement has mobilized itself against the government. The situation has thus evolved into a problem of state and freedom that far surpasses the government.We have found ourselves in a coup process that will go against Prime Minister Erdogan in the upcoming elections. The coup process receives support from the Republican People's Party (CHP) and Nationalist Movement Party (MHP) in the parliament and is marketed by classic media groups under the cover of corruption.Turkey has in recent years passed constitutional amendments as well as several judicial reform packages aimed at improving the court, but the institutions in this country are by default essentially statist. The military void has obviously been taken over by the group that organized the coup cases.Many of us have supported the coup cases in the belief that they are necessary for eluding tutelage and establishing a civil democracy.We might not have adequately underlined the current dispersion of the courts, but there are reasons for this. The confrontation process had continuously been rebutted, and the opposition, unlike today, stood against these prosecutors.There was, of course, no way we could have known how these cases would be exploited by nefarious motives and various organizational aims.I am still in the belief that these cases were just and that it has benefitted Turkey in many ways. However, judicial carelessness on the individual level must be compensated for.Perhaps our longing for confrontation and principal support has suffered exploitation, but we could not have known the hidden agenda hiding behind the curtain. Now everything is out in the open and this is a profound opportunity for creating a new judicial and state system.Every crisis somehow involves opportunities.I see no other way but to view these hard times as an opportunity for improving our democracy.
Last Update: February 28, 2014 02:16