According to the figures, Turkey currently has 14,694 judges and public prosecutors. In 2009 complaints were filed against 5,381 judges or prosecutors, with the authorities deciding not to pursue legal action in 1,938 of these cases. Of the total complaints, 2,066 were not even processed, according to the same figures. Disciplinary action was taken against 118 judges and prosecutors, while 72 judges and prosecutors were investigated for possible disciplinary violations. The processing of 91 of the complaints was suspended, while 798 complaints were merged with other files.
The highest number of complaints was regarding alleged cases of abuse of power; 2,538 such cases were filed, followed by 1,650 complaints with alleged neglect of duty, 313 for alleged violations of judicial impartiality, 229 violations of traffic regulations, 144 on allegedly insulting someone, 138 on one-sided rulings, 72 regarding military service and 62 on “behavior” not worthy of the judge or prosecutor’s position.
Indeed, recent polls suggest that half of the Turkish people do not have confidence in the judiciary. Figures from the Justice Ministry seem to confirm these findings, as in no other public agency are there complaints about more than half of the staff.
Despite thousands of complaints to the Justice Ministry, only 229 of the complaints were referred to the Supreme Board of Judges and Prosecutors (HSYK). Fifteen of those complained about were excused by the HSYK, which ruled that there was no need for any kind of punishment for 81 of them. Only 13 were given reprimands, four suffered salary cuts and two received a suspension of promotions, while seven were replaced.
The HSYK had been criticized for attempting to replace those prosecutors conducting the investigation into Ergenekon, a clandestine organization charged with plotting to overthrow the government. It is also not unheard of for the HSYK to take action regarding a judge or a prosecutor without first requesting a file on that individual from the Justice Ministry. In a recent incident, Erzurum Chief Prosecutor Osman Şanal and four other prosecutors were withdrawn from the investigation into the Sledgehammer coup plan after demanding the arrest of Erzincan Prosecutor İlhan Cihaner.
Complaint numbers rise
Data on how many complaints were filed against jurists in the past five years show that there has been an increasing trend. A total of 3,148 complaints were filed in 2004, followed by 3,654 in 2005. That figure reached 3,817 in 2006 and 4,151 in 2007. In 2008, 4,289 complaints were filed. The highest number so far was in 2009, with 5,381 complaints. The increase in these numbers suggests that no effective measures have been taken against the primary reasons for complaints. The European Union has persistently called for reform in Turkey that would include training programs for judges and prosecutors as well as changes to the structure of the country’s higher judicial bodies and courts.
