‘Judiciary’s attempts to rouse opposition to package in vain’

Supreme Board of Judges and Prosecutors (HSYK) Deputy Chairman Kadir Özbek, Supreme Court of Appeals President Hasan Gerçeker and Council of State President Mustafa Birden gathered with judges and prosecutors serving at the Ankara courthouse in a meeting reportedly organized by the Judges and Prosecutors Association (YARSAV). The top judges were expected to once again voice their strong criticism of the government's constitutional amendment package at the meeting, sharing their views with Ankara judges and prosecutors and seeking support for their opposition.

There were claims that judges and prosecutors were pressured to attend the meeting to ensure a high turnout, thus creating the image of broader opposition to the package from the judiciary.

Monday’s meeting was the first of its kind, since the high judiciary does not generally consult with the lower judiciary. According to retired Supreme Court of Appeals prosecutor Ahmet Gündel, the high judiciary aims to politicize the lower judiciary with this meeting. He says what caused the high judiciary to remember their low-level colleagues is the reform package, which foresees changes to the structure of the HSYK to open the selection process of the council’s members to all judges to enable democratic representation. The HSYK currently comprises five judges who are selected by the top courts, plus the justice minister and his undersecretary. The government wants to expand it to 21 members and open the selection process to all judges to enable greater democratic representation. Gündel says the high judiciary is uneasy with this broader representation formula. “Unfortunately, the high judiciary seems to have become politicized. It is not appropriate for the top judicial bodies to use the lower judiciary as an instrument in their politicization. Parliament is fulfilling its duty by putting constitutional amendments on its agenda. Just as the judiciary fulfills its duty with its rulings, Parliament fulfills its duty by making legal amendments. So, inciting the lower judiciary to oppose the Constitution means encouraging the lower judiciary to be politicized,” he said.

Gazi Ertekin, the co-chairman of the Union of Judges and Prosecutors for Democracy and Freedom, says the reform package has forced the high judiciary to see the lower judiciary as their equals, as members of the top court are for the first time gathering with colleagues from lower courts. Stating that the top judges must have had a hard time explaining themselves to Ankara judges and prosecutors since they have distanced themselves from local judges and prosecutors for a long time, Ertekin said the high judiciary has felt the need to seek common ground with all members of the judiciary thanks to the reform package.

A deep rift between lower, higher judiciary

Noting that the high judiciary has always seen itself as the sole owner of Turkish justice, Gündel thinks that members of the high judiciary are in fact not the actual representatives of the judiciary. “The high judiciary, which has always placed itself at a point far higher than local judges, have recently been engaged in some inappropriate moves such as replacing many judges and prosecutors at local courts. There is currently a deep rift between the high and lower judiciary,” he said. Gündel also said the constitutional reform package of the government will finally grant judges and prosecutors at local courts opportunities they have been deprived of.

Noting that nearly 13,000 judges and prosecutors in local courts have complaints about the functioning and the structure of the HSYK, he said there are numerous judges and prosecutors who have been victimized by the board.

Addressing participants at the meeting, Gerçeker once again voiced his criticism of the reform package.  Arguing that the independence of the judiciary would be destroyed with the proposed amendments, Gerçeker said they would continue to express their opinion on this issue.

Gerçeker also responded to questions from reporters as he arrived at the Supreme Court of Appeals building yesterday morning to confer with the court’s department heads. When he was reminded of remarks by Prime Minister Recep Tayyip Erdoğan, who criticized the meeting on Sunday, Gerçeker said: “This is what he thinks. We will have talks with our colleagues and discuss our problems.” Erdoğan lashed out on Sunday at the judiciary for politicizing itself with such a meeting. “They are meddling in politics in such meetings. Who are you briefing, and on what? What will you change? The place of this move [changing the Constitution] is the executive body. These are all efforts to create tension. This is just politicization. If there was really pressure [on judges and prosecutors] to attend the meeting, those pressured ones should speak out,” Erdoğan had said.

Stating that the request to hold the meeting came from judges and prosecutors serving at the courthouse, Gerçeker also said he wants to clarify one of his previous statements. “When I say, ‘We are saying what we believe’, we are criticized. We are sharing our views about the constitutional changes and the independence of the judiciary. I think we have such a freedom of expression in this democratic country.” When Gerçeker said last week that he would continue to defend what he believes regarding the independence of the judiciary, he was strongly criticized on the grounds that a judge should not act in accordance with his beliefs.

In the meantime, yesterday’s meeting reportedly began with bickering between participants over finding seats in the courthouse’s conference hall. The meeting was closed to the press.