‘Removing the Order Saying “It was by Mistake” Not Eliminate the Unlawfulness’

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After the Ankara 3rd Penal Court of Peace imposed an access block on the entire content of bianet upon the request of General Command of Gendarmerie, the court has removed the order, saying, "It was done by mistake". Legists have spoken to bianet about the issue.

Indicating that what bianet experienced is the best example manifesting the current situation of Turkey's legal system, Turgut Kazan and Mehmet Durakoğlu have stated the following in brief:

CLICK - Court Decision to Block bianet Made 'by Mistake', 135 Addresses Still Banned

CLICK- Court Imposes Access Block on bianet

Durakoğlu: There is no justified ruling

"The fact that something like that was done by mistake shows that it has a funny side to it as well", İstanbul Bar Association Chair Mehmet Durakoğlu has started his remarks, emphasizing that freedom of expression is deteriorating in Turkey day by day. Durakoğlu has continued as follows:

"As there is no justified ruling and considering that it is not clearly stated why each access block has been imposed, I think that the petition submitted by the Gendarmerie has been directly turned into a ruling. A ruling rendered invalid due to a lack of justification creates such a picture.

'Freedom of expression is deteriorating"'

"I previously described the ruling as unlawful. And if it was done by mistake, then it also shows how funny the law operates in Turkey. That bianet is taken out of it by saying it was done by mistake does not eliminate the unlawfulness in question. We are especially talking about an intervention against people's right to seek justice.

"Freedom of expression has already been deteriorating in Turkey. This ruling is just another version of this deterioration.

"The central media has been seized in Turkey. There are only Internet portals left to dissenting circles to express themselves. For that reason, we want this legislation to be reviewed urgently and this practice to be evaluated from the perspective of freedoms."

Kazan: It is shameful to be faced with such a practice

Former İstanbul Bar Association Chair Turgut Kazan has also said:

"It is understood that the Gendarmerie affiliated with Minister of Interior Süleyman Soylu is administering Turkey. While people have to be under the guarantee of well-functioning legislative and judicial bodies, we see that neither of them exists in Turkey.

"Imagine a judge: While he has to be the guarantee of people and justice, he approves every submitted file without reading anything.

"And he reverses the ruling when it is understood that it was written by mistake. What does it show? It shows that no one has a guarantee in Turkey and that neither the judiciary nor judges exist in Turkey. In other words, when the Gendarmerie, which is affiliated with Minister of Interior Soylu, says 'Ban it', they ban it. When they say 'Remove it', they remove it.

'Penal judges of peace specially chosen'

"It is a totally new example showing that there is no judiciary in Turkey and it is not a state of law. It is also a great shame. What can be said further? Just think about it: Even before the institution knows anything about it, they say, 'Oops, we did something wrong. It would bring us trouble. We would be stuck in a difficult situation. Let's remove it.' And the judge removes it. 

"It is shameful to be faced with such a practice. It makes one think how difficult life in this country is.

"Since the first day when judgeships of peace were established, I have never considered them to be judgeships. Because they were specially chosen and did whatever they were requested.

"We have encountered several examples of that before. It is a totally new example and an example of what kind of a shame we are faced with. It is a very striking example of how unsecured a society we live in." (HA/SD)