The Ruling Party Wants A Subservient Judiciary Says The Supreme Court

The Supreme Court’s Board of Chairperson sent a manifesto, in which it critiqued the stance the government and its supporters took towards the closure case filed against the Justice and Development Party (AKP). Presentation of the Strategic Draft of the Judiciary Reform to Olli Rehn, EU commissioner responsible for the enlargement strategy,   was among the subjects criticized by the board.

Replying the criticism, the government spokesperson and the Deputy Prime Minister Cemil Çiçek asserted that the Supreme Court’s Board of Chairperson was not a political organ and therefore could not be a side in political discussions: “It is not the job of the judiciary to discuss the activities of the legislative and executive bodies, and the processes about making laws and a constitution.”

The subjects in the manifesto sent out by the Board of Chairperson were as follows:

“The draft of the new constitution was not discussed publicly”

The attacks accelerated: The Board stated that following the discussions and new definitions the fundamental characteristics of the Republic have been subjected to and the acceleration of the attacks upon the judiciary, it was forced to share its opinions and proposals with its Grand People, for which it uses the judicial power.

The unstoppable speed of the Turban change

The Turban (headscarf) change: Although society’s intense and fitting reaction has stopped for the moment the enactment of the draft, the amendments to the 10^th and 42^nd articles of the Constitution were passed at an unstoppable speed.

The closure case against AKP: The Supreme Court Chief Prosecutor filed a suit against a political party by using legal means, staying within the bounds of the law. However, those who were addressed by this law suit and their supporters ignored this aspect of the process and targeted the Supreme Court Chief Prosecutor with attitudes, discourses and articles that were illogical, illegitimate and even unlawful, aiming to make it the target of society’s reaction and hostility.

Criticizing the AKP attitudes regarding the closure case: Rather than resorting to the usual legal means to defend itself, AKP has chosen to complain to people about the judiciary, attempting to create confrontation between people and this institution.

“The draft of the Judiciary Reform was presented to the EU before the jurists of the country”

To the EU before us: Presenting this reform document to the EU without utilizing the opinions, thoughts and experiences of the Supreme Court was incompatible with the way a responsible State was supposed to behave.

In contradiction with the principle of the independence of the judiciary: Moreover, considering its content, many proposals of this so-called reform package is unacceptable, they are in contradiction on many points with the principle of the independence of the judiciary.

“What is intended is a judiciary on the side of the executive”

All these developments show that the principle of the independence of the judiciary has not been digested yet. Under the rubric of creating a disinterested judiciary lies the attempt to fashion a judiciary protective of the executive and controlled by it. This is the goal! (GG)