Despite disadvantages in some of the items, we can say that the judiciary has in essence turned into a more democratic and liberal structure. Going backwards is out of question. Either the current situation is maintained or we move forward towards Europe.
The ranking has changed as the TCK is being reorganized. The crimes committed against individuals are put on the top; formerly the laws protecting state were of more importance. Now they switched places. In human rights and individual freedoms, the Western standards of law are well met.
In crimes committed against the state, on the other hand, the changes in favor of individual freedoms could have able to succeed for a certain extent, the laws are preserved in their current state mostly, but has been no step backward. The entire burden and responsibility is on the shoulders of Turkish Minister of Justice Cemil Cicek. The Ministry team and academics worked hard also. However, many demands and rejections remain.
All factions have different expectations. All those who resort to Cicek wish the reform package to meet their needs somehow. Taking the rejections to the TCK into consideration, the government postponed the effective date till June 1; this period ends in 10 days.
The rejections are evaluated; some of them are taken into consideration and changes are made. TheUltimate decision for the TCK, which will be clarified in the General Council of the Parliament, will be determined in the following week.
Cemil Cicek gave examples while discussing why the demands are tough carry out. A deputy promised that the penalties of the crimes committed against disabled to be aggravated in the disabled congress. The penalty given to the crimes committed against people who are unable to protect themselves has increased, but as Cicek said, "The deputy insisted on saying 'disabled', we could not convince him. "Minister Cicek made an interesting comparison, "Turkey will no longer play street football' and added that the game will be played according to the universal rules with judicial reform.
Public sensitivity over the penal code should be seen as normal because extraordinary periods have unfortunately also caused abnormality in judiciary. The February 28 crisis in Turkey, in 1997, still preserves its fever. The results gathered by adjudication are obvious. It has even experienced that the party come out as the first from the voting box to be closed with the effect of the extraordinary conditions. Cicek said, "I am well aware of the worries about arbitrary practices in extraordinary periods like February 28." He said that the right thing is not to cause such periods like 28 February, and that the laws peculiar to these periods will not return. It is true; the flexibility of the laws can legalize any action during extraordinary periods. But still there should be no loopholes for flexibility and work against this should be seen.
Practice is as important as the law. The biggest troubles occur in the implementation phase in EU adaptation packages. Both Europeans and the government say this. The judiciary circles should try especially hard not to damage the liberal spirit of the EU process while bringing the new reform-like arrangements to life. The judiciary should adapt itself to the new process, should take the European standards into consideration. Because correcting the mistakes cost more now. Formerly the decisions were heard in the courtroom and domestic public. Nowadays no unfair damages are kept within the domestic arena. Every decision received from the European Court of Human Rights (ECHR) harms Turkey's image in the world arena.
May 25, 2005
