The case for judicial reform in Turkey

Turkey's judiciary, much like its military, has traditionally served as a self-proclaimed guardian of the state. In past years, high courts often overstepped their constitutional mandate to try and dictate government policy. As such, the judiciary's position reflected the once-almighty secular-authoritarian establishment that sought to ignore and exclude all diversity in line with its vision for a homogeneous society. The most recent controversy surrounding a December 17th corruption probe has once again established the need for judicial reform in order to institutionalize Turkey's democracy and promote adequate representation and accountability within this key branch.

One of Justice and Development Party's greatest accomplishments over its decade-long tenure was the 2010 Constitutional Referendum that laid the foundation for a much-needed reform of the judiciary. At the heart of the referendum lay the quest for greater democracy and greater accountability. As such, a key outcome of the 2010 vote was the bringing to justice of former junta leader Gen.

In recent days, the Supreme Council of Judges and Prosecutors (HSYK) came to the forefront of a media battle as the institution engaged in a widely-publicized row with government officials over the AK Party-sponsored bill that is currently on Parliament floor. On December 26th, 13 members of the Council published a press statement to protest the government's alleged interference in judicial matters despite a law that declares such actions unlawful. Ahmet Hamsici, deputy president of the Council, made another public statement on January 10th to declare the judicial reform bill unconstitutional despite lacking necessary authority.

The Supreme Council's series of gross misconducts over the past month made it clear that the judiciary remains in desperate need for reform. Despite significant improvements, the judiciary continues its efforts to dictate government policy while refusing to synchronize itself with Turkey's rapidly-evolving society where diversity becomes increasingly visible. The judicial reform bill before the Turkish Parliament represents an attempt to build upon the legacy of the 2010 Constitutional Referendum and to promote greater diversity and accountability within the judiciary.