‘Exploiting judicial independence for one's ideology is disgraceful’

“It is a big dishonor that is unacceptable in terms of judicial ethics for one to hide behind the independence of the judiciary in order to better serve one's allies, beliefs or ideology,” said Kılıç. The statements of the chief justice prompted some high judiciary members in the conference hall to leave the room.

Kılıç’s statements came in the aftermath of a judicial crisis that broke out last week when the Supreme Board of Judges and Prosecutors (HSYK) decided to strip specially authorized Erzurum prosecutor Osman Şanal of his authority because of his probe into a now-jailed prosecutor, İlhan Cihaner. The HSYK drew widespread criticism for the controversial move, and many said the board cast a shadow on its independence and neutrality by intervening in an ongoing judicial case.

While dwelling on the importance of the impartiality of the judiciary, Kılıç also sent implicit messages to those involved in the “Sledgehammer” military plot, which includes subversive plans to foment chaos in the country with the ultimate goal of a military takeover.

Early this week, dozens of active duty and retired military members were detained as part of a probe into the “Sledgehammer” plot.

“No matter who uses state power, they should know that they must account for their actions if they act in an illegal way. This power cannot be used as a tool to make society toe the line by resorting to illegal means. The officials to whom state power is entrusted to do not have the right to threaten, intimidate or scare society by using this power,” Kılıç said.

The chief justice also noted that there was rising public sensitivity regarding the independence and neutrality of the judiciary, fair trials and the sluggish judicial system, calling on authorities to find solutions to these problems immediately.

“Unfortunately, all the calls made for solutions to these problems that hurt the public went unnoticed. Although proposals have been made on every occasion by all segments of society for reforms in the judiciary, the Political Parties Law, the election system and the expansion of rights and liberties, the necessary steps have not yet been taken,” he said.

Kılıç complained that dialogue among different segments of society could not be established since these circles fail to negotiate and speak without fear and anger.

“We forced society to take sides by making conflicts among state powers grow larger,” said Kılıç.

Supremacy of law not supremacy of jurists, says Ergin

The supremacy of law in a country does not mean that jurists are above the law, Justice Minister Sadullah Ergin said on Thursday.

Speaking at a conference on the supremacy of law in the democratization process, organized by the Institute of Strategic Thinking, Ergin said his ministry was open to every view on laying out a strategy for judicial reform.

Ergin emphasized that the independence and impartiality of the judiciary was sine qua non for a state ruled by the supremacy of law. He added that the autonomy of the judiciary did not grant it a caste privilege. He also said citizens’ confidence in the judiciary was the same as the trust they felt toward the state.

He also criticized those who simplified the concept of judicial reform to the participation of the justice minister and his undersecretary as members in the Supreme Council of Judges and Prosecutors (HSYK). He says the government wanted a restructuring to create a completely objective, impartial and transparent judiciary.

Ergin said all judicial organs should be represented in the HSYK and denied rumors that the president or Parliament would elect judges to the board after the reform.

In response to a question from the press on his meeting with the president on Wednesday, Ergin said he had briefed President Abdullah Gül on his ministry’s work regarding judicial reform. Emrullah Bayrak Ankara