It has been criticized on the grounds that it violates the limits outlined in its statute, which describes the organization as a civil professional entity with no political attachment or agenda. The criticisms mostly focus on the position and personality of YARSAV Chairman Ömer Faruk Eminağaoğlu.It is known that judges and prosecutors generally choose a secluded life during their service. In an attempt to preserve their impartiality in the cases they review, judges and prosecutors do not establish close contacts with local people. Eminağaoğlu is an exception; he is unable to abstain from the dilemma of holding two separate positions. He makes statements as YARSAV chair wherein he strongly criticizes Parliament and even the president, and attends the rallies where the headscarf and those who wear headscarves are protested -- whereas the very next day he prepares an indictment as a prosecutor at the Supreme Court of Appeals. Because the association has judge members, their statements are considered "declarations" of the vote. For instance, before the Constitutional Court announced admission of the case, Eminağaoğlu spoke to the Cumhuriyet daily to make some theoretical explanations, also adding that speaking about the case's substantive matter would be improper. In these explanations, he asserted in detail that President Abdullah Gül might be prosecuted under the closure case filed against the Justice and Development (AK Party).
YARSAV may be of great service. The affiliation of 1,100 members -- including prominent judges -- with the association also confirms this thesis. To garner optimal benefit, a high-profile name with representative abilities who is not in active service may be elected to chair the organization in an effort to prevent erosion of the organization's image and resolve the hierarchy problem between members and the chair. The current situation is comparable to a hypothetical association chaired by a low-ranking military officer who gives instructions to generals. I will not offer Sacit Kayasu or Gültekin Avcı for chairmanship; I am aware this is impossible. For instance, why not former Constitutional Court Chairman Yekta Güngör Özden? He is well equipped with more resources than to take on the struggles of the current chair. Considering that he is a former Constitutional Court chairman, Özden would make a great president for a professional organization.
Retired Supreme Court of Appeals Prosecutor Sabih Kanadoğlu may also be a good alternative. Kanadoğlu's image was undermined because of recent remarks to the effect that "Ergenekon's end will be similar to that of Şemdinli" were considered interference with an ongoing legal process and perceived as a threat to the prosecutor. However, his competence regarding legal issues is attested to by even those who oppose his views. It is hard to reconcile Kanadoğlu's speech in Germany with his identity as a competent and smart lawyer; he was probably ill-prepared when making that statement. Some other chairmen and chief prosecutors, with the exception of Vural Savaş, may also be considered. I do not think he would accept, but former Supreme Court of Appeals Chairman Sami Selçuk would reinforce the association's image if elected as its head.
The truth of the matter is that I do not think it proper that the bureaucracy, which is inherently organized, reappear in the form of a reorganized entity. I am of the opinion that this reorganization makes the bureaucracy even stronger vis-à-vis the individual. The actual purpose of the right to assembly is to protect individuals and civil society actors against the state apparatus. In other words, civil society organizations prevent the bureaucracy from turning into an uncontrollable force that creates a kingdom of appointees. To this end, the Constitution states: "Provisions of the first paragraph shall not prevent imposition of restrictions on the rights of armed forces and security forces officials and civil servants to the extent that the duties of civil servants so require." The European Convention on Human Rights also confirms these exceptions with regard to the right to assembly.
