Stating that the issue of judicial independence is not just an issue of the presence of the justice minister and his undersecretary, Ahmet Kahraman, on the Supreme Board of Judges and Prosecutors (HSYK), Ergin said the influence of other members of the judiciary on judges and prosecutors should also be prevented.
Ergin attended a-two-day symposium of the European Commission’s Technical Assistance and Information Exchange Instrument (TAIEX) titled “Independence, Impartiality and Efficiency of the Judiciary” yesterday. Speaking at the symposium, held at the Turkish Union of Notaries (TNB), Ergin said the rule of law does not mean the rule of jurists. Stating that the rules of law are also binding for jurists, Ergin said the trust of the public in the judiciary is the basic principle of a state of law. “The principle of judicial independence is one of the main aspects of the impartiality of the judiciary. It is only possible for members of the judiciary to make impartial decisions when there are no internal or external influences on them. While external influence means influence by state institutions or other groups, internal influence means any kind of interference with the work of judges by those within the judiciary. A system which will protect the judiciary from internal influences as well as those from the outside should be established to ensure the judiciary’s impartiality and independence,” he said. Ergin also stressed that from this perspective the debate on judicial independence should not only focus on the membership of the justice minister and his undersecretary in the HSYK.
Recalling that the ministry has prepared a judicial reform strategy to strengthen judicial independence and ensure its impartiality, Ergin said this plan also aims to restructure the scope of authority of HSYK.
