Change has never before affected humanity so deeply. The individual is at the forefront. Community pressure is being questioned. It’s not religious congregations, but voluntarily convening groups that are able to make progress. Universal human values are affecting traditions, customs, lifestyles and the law. Let us take Turkey as an example. Today, the European Court of Human Rights (ECtHR) presides over Turkey. In this court, the decisions made by our judges are objected to. And they are certainly being objected to. We are given penalties.
The very foundation of our judiciary is being shaken, not to mention the changes to the Supreme Board of Judges and Prosecutors (HSYK) and Constitutional Court being proposed in the referendum.
The trouble is the inconceivable resistance of the judiciary’s state of mind that perceives change as a threat. The existence of the Justice and Development Party (AK Party) adds a security problem to this resistance.
In a society whose trust in one another has been depleted, government institutions that don’t trust one another only feed and provoke polarization and conflict.
I don’t want to rehash records from the past. However, decisions made by the Constitutional Court, the Supreme Court of Appeals and Council of State, ever since the coup on May 27, 1960, have created a virtual warzone between the public will and the judicial bureaucracy. The mindset that exists in the higher judiciary in particular, which is consolidated by ideological and other work, is a source of mistrust and concern.
This mindset is challenging the elected power and governments can’t help but react. The latest deadlock in the HSKY’s summer decrees are very telling to this end.
There has been an increase in arm-wrestling as we inch closer to the referendum. An organization which under its auspices contains judges and prosecutors that are stepping down into the field and working like a political party. The HSKY deputy chairman speaks like an opposition leader -- tough and aggressive.
Nobody who loves his or her country and has accepted the importance of social reconciliation can stand by and watch this go on. Being right or wrong is of no importance.
Justice is the foundation of the state and the administration. Justice delivers rulings that every person with a conscience can agree to and approve of. A judicial system which is debated, delayed and most of all seized, will now allow anyone in this country to live comfortably.
You see, Turkey’s democratization is continuing along through the trial of the century by touching those who were previously untouchable. There are other cases. Everyone should keep their hands off the judiciary -- whether they approve or not. If everyone is chasing after a judiciary that is to their liking, then how will the sovereignty of law be established? There is a referendum ahead of us which will affect this entire period. Saying ‘no’ is just as much of a democratic right as saying “yes”…
And when criticizing the government, one must remain just. If one pays attention they’ll notice that since 2002 there has been virtually no mafia. Incidents of loan-sharking and check-bill collections have dropped. There have been 12,000 kilometers of roads constructed in Anatolia and thousands of villages now have drinking water thanks to new projects. The Housing Development Administration of Turkey (TOKİ ) has given people breathing space in the realm of housing. Can we overlook the developments that have taken place in healthcare? All of these developments are the projects by the government.
Portraying everything which has been achieved so far as bad will distance us from being reasonable people. We must turn to reason; we must turn to our consciences. The government and the opposition should do this as well. Mr. Erdoğan and Mr. Kılıçdaroğlu should recall the principals of “I love all creatures because of their Creator,” and “Do not harm even if you have been harmed.”
All continuing cases, which will affect the process of democratization, will ultimately be solved by the judiciary. The judiciary will ultimately solve this. If we falter and don’t make a turn around and if all sides don’t remove themselves from meddling with the judiciary, we will all be on the losing side. We must begin by changing our mindset. We must facilitate the judiciary to achieve international standards and become truly impartial and independent. This can’t be done by lip service.
Everyone is talking but what is most important is sincerity. We heartlessly “otherize” those who are not a part of our circle. If we are only democrats and Muslims for our own purposes then we will be of no benefit to our people and country.
We should leave the judiciary alone. If not, then it’s game over for all of us.
