In order to end frequent debates about the impartiality and functioning of Turkey's judiciary, the government last month announced an action plan that would also raise Turkey's standards to comply with EU membership criteria. Although they still have some concerns about the effectiveness of the reform package and whether it will completely resolve the shortcomings of the judicial system, analysts welcome the fact that Turkey has begun to deal with the problems of the judicial system and to make efforts to bring Turkey up to universal standards.Commenting on the government's action plan for reforming the judiciary, Star's Mehmet Altan says the goal of the reform package is to save Turkey from the fascism of the Sept. 12, 1980 military coup and for the country to adopt a democracy in line with EU standards. He states that the most significant part of this reform package is the amendments that need to be made in the structure and the function of the Supreme Board of Judges and Prosecutors (HSYK), which has been criticized for its controversial efforts to replace judges and prosecutors in what many viewed as an attempt to hamper the independence and impartiality of judges and to influence verdicts in major cases such as the investigation into Ergenekon, a shadowy crime network that has alleged links within the state and is suspected of plotting to topple the government. Altan remarks that he is pessimistic about whether the reform package will bring Turkey's in line with universal standards and ensure that members of the judiciary act impartially, objectively and with transparency. “I have a lot of concerns in the short run. Firstly, there is no consistent decree that will completely eliminate the Sept. 12 fascism, which has carried the single-party mentality to this day. Secondly, universities that educate members of the judiciary, who are the basic components of the judicial system, have a very strict, local and conservative mentality, so they are far from giving a flexible, universal and liberal law education. Thirdly, Turkey's judiciary is one that has been found guilty of human rights violations by the European Court of Human Rights in many cases. When it comes to universal standards, the domestic law automatically fails,” Altan says. Nevertheless, he does voice some optimism, noting that it is very pleasing that there are efforts to make institutions such as the HSYK more democratic. “I hope Turkey will one day be a country whose judiciary meets universal standards,” adds Altan.
Yeni Şafak's Yasin Aktay, sharing his impressions about the draft judicial reform package, says the package will not create a special system for Turkey but instead proposes solutions along the lines of EU practices. “The draft reform tries to create a judicial system where the judicial bureaucracy makes its rulings with transparency and reason, not with unpredictability and partiality as if the judicial system were its own property,” says Aktay. In his view, judicial reform in Turkey is more important than the Kurdish initiative and the coup struggle because it aims to enliven hopes that the judicial system will be unbiased since everyone is desperate regarding this issue. “The solution lies in a strong, fair and impartial judicial system. No matter what issue you try to deal with, it will persist unless you have a good judicial system to handle it,” contends Aktay.
