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Democrat judiciary suggests draft bill for independence
The co-chairman of the association, Osman Can, said their suggested bill should be evaluated as a first step towards a new judicial reform and a test of sincerity for those who wish to establish a democratic judiciary.
“With our suggested proposal we are aiming to bring in objective criteria for the appointment, promotion and disciplining of judges and public prosecutors,” Can said. He underlined that the system currently in place is based on subjective criteria and that the judicial system in Turkey has a hierarchic, militarist and arbitrary base and functions through nepotism.
The press conference was held at the association’s building in a room with a notice board displaying the phrases, “War is peace; freedom is slavery; ignorance is strength; Ministry of Truth,” from “1984” by George Orwell. Can also referred to the famous song by Pink Floyd, “The Wall,” and said the association strongly believes that the judiciary should aim for democracy, justice and freedom and that judges and prosecutors should not only be bricks in the wall. Can added that without constitutional amendments it will be impossible to ensure a democratic judiciary but that their bill, which has been drawn up without relying on any constitutional changes, could be considered as a first step towards reform and the independence of judges and prosecutors.
The association’s suggested bill underlines that in the past there were attempts at reform in various state organizations but that the judiciary was exempt from them. “This draft has been prepared to ensure the functioning of the judiciary in accordance with universal democratic and contemporary principles,” the document said. The draft suggestion does not envisage any constitutional amendments but tries to regulate the principles of appointment and promotion of the judges and public prosecutors.
“The appointments are not based on objective criteria such as knowledge, ingenuity and the work but are based on subjective criteria,” the document underlined. The suggested bill claims that instead of applying performance ratings and evaluations, the inspectors’ subjective evaluations are used as the basis for the HSYK’s arbitrary implementations.
Instead of applying participatory and democratic methods of appointment, the methods in use are reminiscent of a corporate caste system, according to the draft.
Can indicated that there are many discussions going on regarding judicial reform but said the best thing to do instead of discussing ways to continue the privileges is to offer suggestions. “We urge the use of sincerity and common sense by all relevant groups, including the Court of Appeals, the Council of State, the HSYK, judicial organizations, the Ministry of Justice, the government and the community of jurists,” he said.
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