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President Gül: Turkey needs urgent judicial reform
Turkey should swiftly adopt European Union standards in this area," Gül said at a news conference on Thursday with Tanzanian President Jakaya Mrisho Kikwete, who is currently paying a state visit to Turkey.
“Turkey is engaging in full membership negotiations with the European Union. We should incorporate the union's acquis, criteria and standards when it comes to the judiciary. All our political parties should cooperate to make this reform a reality,” Gül added.Gül added that the recent discussions should not lead to polarization in the country.
“The issues of justice, the judiciary and law should be discussed through objective criteria and the highest of standards,” he said. Asked by reporters if he plans to play a conciliatory role among the state's institutions, Gül said he recently brought together the heads of the judiciary and the executive. He said he would continue to contribute to solving problems in that regard.
While talking about the recent discussion, which exposed a tug-of-war between the ruling Justice and Development Party (AK Party) and hard-line secularists, who are mostly represented in the country’s judiciary, the president was referring to a recent debate over the role of the Supreme Board of Judges and Prosecutors (HSYK) and special prosecutors.
The HSYK on Wednesday decided to strip Erzurum Prosecutor Osman Şanal of his special authority over a probe into now-jailed Erzincan Chief Public Prosecutor İlhan Cihaner on charges of membership in a terrorist organization and falsification of documents. Şanal was also investigating 3rd Army Commander Gen. Saldıray Berk, who allegedly conspired with Cihaner. The decision sparked indignation in various segments of society as it cast doubt on the impartiality and independence of the judiciary. There has been a fierce debate in the country over whether the HSYK has the authority to carry out such actions.
Justice Minister Sadullah Ergin called the HSYK decision against Şanal and other prosecutors “unlawful.” He said the board totally ignored the Constitution and the Code on Criminal Procedure (CMK). The Supreme Court of Appeals and the Council of State, however, support the HSYK decision. Hard-line secularists also control the Supreme Court of Appeals and the Council of State.
The Justice Ministry completed an EU-driven reform package, making changes to the judiciary, and submitted it to the Cabinet for approval in August. The package introduces comprehensive changes in line with EU requirements, including a change to the structure of the HSYK.
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