Judicial reform crucial for democracy in Turkey, say top state officials

In a statement he released yesterday to mark the beginning of the new judicial year, Gül said, “Completing the judicial reform with the determination and contribution of all segments, which will increase democratic standards, strengthen judicial independence and improve the quality and effectiveness of judicial service was of crucial importance both for Turkey and for the country's European Union process.”

In the statement, Gül stressed that the principle of rule of law was one of the most important elements of being a modern nation. He said it is of primary importance to ensure the supremacy of law in the rule of law, which is the guarantee of democracy and fundamental rights and freedoms.

He said the Republic of Turkey, a democratic, secular welfare state ruled by the rule of law, has given a satisfactory performance in extending the supremacy of law into multiple spheres. He said Turkey's legal system was closer than ever before to complying with universal legal reforms. However, legal reform was necessary to strengthen Turkey's position in the modern world.

Prime Minister Recep Tayyip Erdoğan also released a statement sent to Supreme Court of Appeals Chairman Hasan Gerçeker to mark the beginning of the 2009-2010 judicial year. Erdoğan noted that a just and impartial judiciary system played a major role in the existence and sustainability of the Republic of Turkey as a democratic, secular welfare state with the rule of law.

The message said: “The founder of our Republic, Gazi Mustafa Kemal Atatürk explained this aptly with his words, ‘Justice is the fundament of property.' We should not forget that justice is the strongest guarantee of rights and freedoms and societal peace.

As judicial mechanisms work effectively in harmony with the principles of the supremacy of law and impartiality, the confidence society has in judicial institutions, and in turn justice, will strengthen.”

Prime Minister Recep Tayyip Erdoğan shakes hands with main opposition Republican People's Party leader Deniz Baykal at a ceremony held on the occasion of the start of the new judiciary year.

He also pointed out that the judiciary is one of the fundamental arms of the state along with the legislature and the executive. Noting that his government places great emphasis on finding solutions to all the problems in the judicial system with a holistic approach, he said: “We are continuing to adopt the necessary legislation needed for all of our jurists to work in the best conditions with the highest opportunities and for our judicial institutions to be equipped with the necessities of the age and the service [they render.] With these in mind, I celebrate the opening of the 2009-2010 judicial year, and wish success to the chairmen and members of our high courts, prosecutors, lawyers and all jurists.”

Ceremony at high court

There was a ceremony yesterday at the Supreme Court of Appeals' Conference Hall to mark the beginning of the judicial year. President Abdullah Gül, Parliament Speaker Mehmet Ali Şahin, Prime Minister Recep Tayyip Erdoğan, Republican People's Party (CHP) leader Deniz Baykal, Constitutional Court President Haşim Kılıç, head of the Council of State Mustafa Birden, State Minister Hayati Yazıcı, Justice Minister Sadullah Ergin, Interior Minister Beşir Atalay, Ankara Chief Prosecutor Hüseyin Boyrazoğlu and members of some high courts and the Judges and Prosecutors' Supreme Council (HSYK) attended the ceremony.

Head of the Supreme Court of Appeals Hasan Gerçeker and Deputy Presidents İhsan Akçin, Erdal Sanlı and Secretary-General Salih Kocalar met President Gül at the entrance of the Supreme Court of Appeals building.

Gerçeker also shared his views on the Justice Ministry's judicial reform package. He said the draft did not introduce a major improvement. He also expressed concern that the draft's granting Parliament and the judiciary the right to appoint judges to the Constitutional Court could in fact mar judicial independence. He said there were positive improvements, but noted that he did not agree with the draft as a whole. He also criticized the draft for giving the position of the chairman of the HSYK to the Justice Minister. “This is now how one interprets democratic legitimacy. Such a structure would bring a system that turns judges into ordinary public servants to cause the state of judicial independence to fall even more behind.”

He also recalled that the draft mentioned that in “some other European countries,” Parliament had the right to appoint members to HSYK-like structures. He criticized the draft saying: “But in the countries being mentioned, the democratic parliamentary system has been adopted with all of its agencies, rules and institutions and is being enacted. However, in our country principles such as the guarantee of judicial independence, the supremacy of law, democracy, secularism, the social welfare state and the supremacy of law are still under discussion. Those who have a say in the formation and functioning of Parliament are heads of political parties.” He said that would create major controversy about the appointees of Parliament, noting that a similar rule in the election of Court of Accounts members has frequently caused long delays in the election of members.

He said he supported the draft's move to open HSYK decisions to further judicial appeal. He also stated that the Forensic Medicine Council, which has been at the heart of controversy recently over a few mistakes that became public, should be given full scientific autonomy. He also stated his opinion that the right to try former prime ministers and ministers -- currently under the jurisdiction of the Constitutional Court -- should be given to the Supreme Court of Appeals.

Gerçeker also highlighted the concepts of “the Republic and Democracy” in his speech. He accused some circles of attempting to show these concepts as though they are opposed to each other. He said these were attempts to undermine the republic, which is the guarantee of individual rights and Turkey's unitary state structure. He defined republic as the “regime whereby sovereignty comes from the nation,” and defined democracy as a “lifestyle based on mutual rights and freedoms of individuals living in a society.” He said democracy was developed to protect freedom and equality, two rights automatically given to individuals the minute they are born. He said democracy and the republican outlook were inextricable and complimentary.