‘It would be more meaningful if Erdoğan told judges not to obey his instructions’

* Photo: Doğukan Keskinkılıç - Ankara / AA

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After President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan unveiled the "Human Rights Action Plan" in a publicity meeting yesterday (March 2), we have spoken with Mehmet Durakoğlu, the Chair of İstanbul Bar Association, about the plan.

When we ask Durakoğlu whether the İstanbul Bar, the biggest bar association of Turkey, received any invitation during the preparation phase, Durakoğlu says that the institution meant by the government in such statements is usually the Union of Turkish Bar Associations (TBB).

Durakoğlu notes that the opinion of the İstanbul Bar Association was not asked and the bar did not make any contribution to the process.

However, in his speech yesterday, Erdoğan said that there were meetings with all ministries, institutions, the economy and business world and representatives of civil society in the preparation phase.

The Human Rights Action Plan, with "9 aims, 50 targets and 393 activities", mostly consists of legal amendments concerning the judiciary. In fact, in his speech at yesterday's meeting, Erdoğan himself referred to the previously unveiled Judicial Reform Strategy Document.

'A body of precatory promises'

We also ask İstanbul Bar Association Chair Durakoğlu about his views as to the subheadings in the document on fundamental human rights.

Mehmet Durakoğlu says that other Judicial Reform documents were shared with the public in 2009, 2014 and 2019, noting that this recent plan is also "a body of precatory promises." He briefly says:

"There is no environment that requires us to have faith or trust in something new. This plan also seems to be a plan of precatory promises. Because our major problem is not with the sentences listed in the plan; the problem is with the ways in which these sentences are enforced.

"We agree with all sentences that were expressed today, but these sentences do not have an effect on our lives in practice. Because we cannot fulfill the requirements of a democratic state of law."

'Presidential system must be abandoned'

According to Mehmet Durakoğlu, the ultimate goal of the plan is a new Constitution, which shows that we face a problem with the system.

"The enforcement of universal human rights cannot be achieved in Turkey as long as the Presidential Government System is in force. This system must be abandoned to put the democratic rule of law into practice," says Mehmet Durakoğlu, briefly adding the following:

"Otherwise, we are not against any plans unveiled today, but we are seriously concerned about whether they will be put into practice or not.

"Both the judicial reform and the imminent economic reform have been brought up after the Minister of Treasury and Finance resigned from office.

"And, today, one of the subheadings was about the right of property. With the Statutory Decrees issued during the State of Emergency, there arose serious problems about property. This plan seems to be aimed at solving the problem about reassuring the foreign capital.

"However, with the Statutory Decrees issued during that period, the right of defense was restricted as well. Today's statement contains no promises oriented towards solving this problem."

'We recognize international law in Constitution'

Concluding his remarks, Durakoğlu reiterates that the problem lies in the ways in which laws are enforced. He briefly says:

"We have no problems with the written documents. The Constitution, in its Article 90, already says that we abide by the international law and accept universal legal principles such as the European Convention on Human Rights (ECHR). There are problems with the enforcement.

"Especially in the recent period, we have significantly deteriorated in terms of freedom of expression. And this plan, other than promises and wishes, foresees no mechanisms to eliminate it.

"If, at this point, the President had told judges, 'Don't obey the instructions to be given by me', it would have been more meaningful. In the present situation, we cannot see a statement that will take us further." (AS/SD)