Court Decides to Shut Down Union of Judges and Prosecutors

On 28 July, the Ankara 15^th Labour Court decided to close down the Union of Judges and Prosecutors (YARGI-SEN). The Thursday session was the final hearing of the closure case opened by the Ankara Governor's Office.

bianet talked to Ömer Faruk Eminağaoğlu, Chairman of the YARGI-SEN Board of Directors. Eminağaoğlu criticized, "Expecting the judiciary to dispense justice while judges and prosecutors are being obstructed to seek their rights is contradictive".

"Eventually, this is not only the struggle of judges and prosecutors. This rather is the struggle carried out on behalf of all citizens to remove obstacles before an independent judiciary", Eminağaoğlu underlined.

"Union rights were violated"

The petition of the Ankara Governor's Office pointed to Article 51 of the Constitution on the right to organize labour unions. According to the Law on Public Servants' Unions, presidents, members, judges and prosecutors of supreme judiciary bodies are not entitled to form a union or be a member of one, the petition had claimed.

In his speech of defence, Eminağaoğlu put forward that the opening of the trial violated the article on the effective use of union rights as stipulated by the Turkish Criminal Law (TCK). He requested to drop procedures. However, Judge Ali Şahin ruled for the closure of YARGI-SEN.

Eminağaoğlu is also the former President of the Judges and Prosecutors Union (YARSAV). He assessed the decision under the aspect of Article 90/last paragraph of the Constitution that clearly rules:

"In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and the domestic laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail".

"The court ignored this. However, especially the United Nations International Covenant on Civil and Political Rights and the Agreement on Economic, Social and Cultural Rights include articles that protect the right of judges and prosecutors to unionization. Moreover, related articles can be found at the International Labour Organization (ILO) and the European Court of Human Rights (ECHR)" Eminağaoğlu continued.

"Decision is not legal"

"The decision to dissolve the union despite this obvious situation shows that the verdict lacks legal substance. Considering the independence of the judiciary in Turkey and the rule of law, a union is an institution essential to a democratic society".

Eminağaoğlu criticized, "Nevertheless, the judiciary decided according to a mentality of prohibition from 30 years ago instead of acting towards removing the obstacles before unionizing. It is contradictory to expect a judiciary to dispense justice while judges and prosecutors are not able to seek their rights, to unionize and neither to express themselves".

"Unions did not attend the hearing"

"The activities of YARGI-SEN continue until the closure decision will have been finalized in domestic law. We will appeal the decision. When domestic remedies are exhausted we will apply to the ILO and ECHR", he announced.

"Struggle on behalf of all citizens"

Eminağaoğlu emphasized that this was a struggle for an independent judiciary on behalf of all citizens.

"The Supreme Board of Judges and Prosecutors (HSYK) prevented the effective union work of members of the YARGI-SEN Board of Directors by appointing them to positions outside Ankara. In the course of the latest appointments, 30 percent of the judges and prosecutors were sent to different places" (AS/VK)