Jurists on Özbek’s resignation bluff: It would not be a loss for Turkey

Mustafa Şentop, a professor of constitutional law, told Today's Zaman that their resignation would benefit Turkey. “But I don't think they will do that. This is what we see looking at their stances. This can only be bluffing. Turkey is not a country that can be compared with Pakistan on this issue,” he said.

“Turkish judges and prosecutors are no less sensitive than Pakistani judges and prosecutors," Özbek said on Monday while speaking at a meeting of the heads of Turkey's top courts, who gathered with judges and prosecutors to revive support for its strong opposition to the constitutional amendment package.

While his reference raised some speculation as to whether members of the high judiciary are pondering resignation to protest the government, Özbek yesterday backpedaled and said he did not imply mass resignations but just exemplified a previous protest of members of the high judiciary.

Osman Can, a co-chairman of the Democrat Judiciary Association, underlined that Özbek’s remarks are thought provoking since the Turkish judiciary has never been against coups and militarism, but blessed them throughout Turkish history. “The judiciary did not react to Feb. 28, 1997 [a postmodern coup] or to the April 27, 2007 e-memorandum [released by the General Staff]. There still are members of the high court who praise the May 27, 1960 coup d’état. There are members of the HSYK and the high court who rushed to obey the Sept. 12, 1980 coup leaders. The only similarity between Pakistani and Turkish judges is that they wear robes. That’s all,” Can said.

According to former Supreme Court of Appeals Chief Prosecutor Ahmet Gündel, the nation would not be sorry if such a mass resignation were to take place. “I wish those who politicize the judiciary would resign and be replaced by more objective people. Those who assisted in the Feb. 28 postmodern coup and applauded it cannot now accept Parliament amending the Constitution in a democratic setting,” he said.

Gen. Muhammad Zia-ul-Haq overthrew ruling Prime Minister Zulfikar Ali Bhutto in a bloodless coup in 1977 and became the state’s third ruler to impose martial law. He initially ruled as chief martial law administrator but later installed himself as the president of Pakistan in September 1978.

Young Civilians lend support to Özbek

Özbek’s remarks signaling mass resignations at the top of the judiciary gained the strong support of at least one group. The Young Civilians, a pro-democracy NGO known for its clever use of political satire, immediately responded to Özbek in a press release titled “High judiciary: We would all resign. Young Civilians: Great idea! We support you.” Their statement reads: “As the Young Civilians, we are very pleased to be of the same opinion as our high judiciary. We sincerely support the decision of the high judiciary, which has found itself ignored by the recent constitutional reform package. Regardless of whether it was only a test or not, we will pursue the fate of this decision to the end.”

Members of the high judiciary have been waging a war against the government’s 30-article constitutional amendment package since the day it was unveiled. One of the key changes the package will introduce is a new structure for the HSYK and the Constitutional Court. If the package is passed, it will also make it more difficult to shut down political parties. The approval of a commission to which every party represented in Parliament assigns five members will be necessary to file a closure case against a political party upon a motion from the chief prosecutor of the Supreme Court of Appeals. These are the changes most strongly opposed by members of the top courts.

Senior judges protested

HSYK Deputy Chairman 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). While the top judges once again voiced their strong criticism of the government’s constitutional amendment package at the meeting, they were met with the criticism of their lower-ranking colleagues. Mustafa Şahin Tanrıöver, a public prosecutor, protested the meeting, saying it aimed to promote YARSAV and fell short of bringing solutions to the problems of judges and prosecutors. “We should also discuss the mentality of ‘appointing my own men’,” Tanrıöver shouted at the meeting. He was later physically forced to leave the conference hall. Abdullah Erdem, a judge, also criticized the high judiciary, saying, “Did you remember us today?”

The deputy chairman of the Jurists’ Association issued a written statement yesterday to condemn the removal of Tanrıöver from the hall by force.