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'Package not adequate, but nothing is worse than the status quo'
Speaking to a press conference on Thursday, Can shared his association's alternative constitutional reform package, which targets regulations reforming the judiciary, especially the Constitutional Court and the Supreme Board of Judges and Prosecutors (HSYK).
He added that since the association was formed, they have received threats, some of which are linked to the HSYK, but he declined to elaborate. It is important to redesign Turkey's judiciary, Can said, because at present when there is a conflict between individuals and the state, the decision is in favor of the state, and this ideological approach has to change.
He added that while they were putting together their alternative reform package, their principle object was the creation of a pluralistic participatory democracy between the decision-makers and those who are subject to the decisions.
Can said that in their alternative reform they would reduce the military judiciary to only the disciplinary courts and directly link their judges to a Supreme Board of the Judiciary, which would replace the HSYK.
 Can, co-chairman of the Judges and Prosecutors Association for Democracy and Freedom, said it is important to restructure the Turkish judiciary. |
Suggesting the removal of the extraordinary power of the Supreme Court of Appeals chief prosecutor to close political parties, Can said they think that the authority to do so should belong only to Parliament.
Under the government’s suggested reform package, the chief prosecutor will be required to obtain permission from Parliament to close any political parties, but Can thinks that such a regulation might bring the judiciary and Parliament into conflict.
Can added that judges, prosecutors and even members of the Turkish Armed Forces (TSK) should be able to join political parties. The financial monitoring of the parties should be done by the Court of Accounts instead of the Constitutional Court, Can said.
According to the Judges and Prosecutors Association for Democracy and Freedom, the Constitutional Court should have 17 members, elected by Parliament and the president. They suggest a similar system for their proposed Supreme Board of the Judiciary. Its members would be elected from among lawyers, judges, prosecutors and academics. The chairperson of this board will be the justice minister.
Can added that they intend share their suggested reforms with political parties, the Prime Ministry and the Ministry of Justice.
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