Recent judicial scandals and appointments made between 1991 and 1995 by former Justice Minister Oktay, who was recently accused of attempting to influence the course of judicial proceedings by prosecutors conducting the investigation into Ergenekon -- a clandestine gang charged with plotting to overthrow the government -- are closely related, according to Hakkı Süha Terzibaşıoğlu, who served as the HSYK’s deputy president at the time. He told Today’s Zaman that the period during which Oktay served as justice minster is one of the most important eras in Turkish judicial history. “I watched with amazement the behavior of some people assigned to key posts at that time. The archived files of the HSYK are in the Justice Ministry. You should look these up. Go see what you’ll find in there. You’ll see how judges and prosecutors were appointed, how members were elected to high courts, which people were given reprimands or punishments, what decrees were made and who wrote what reservation clauses,” he said.
Terzibaşıoğlu also noted that Oktay had not severed ties with any of the individuals who were assigned to key positions 15 years ago. He told Today’s Zaman that the minister and his fellow townsman Yusuf Kenan Doğan, who was the ministry’s undersecretary at the time, made arrangements to secure the four majority votes in the HSYK. “They did not even let [HSYK member] Mehmet Yıldız attend HSYK meetings because he was not one of their people. Instead they brought Hakkı Dinç from the Supreme Court of Appeals, who was only an alternate member, to secure their majority. This way, they could obtain the results they wanted to see. These are facts that they themselves cannot deny. If the HSYK archives are opened, it will be seen who voted in what way, who voted against things and particularly what they wrote in the reservation clauses. The archives should absolutely be opened.” He also said that the government’s attempt to change the HSYK’s structure as part of its reform package currently being deliberated by the Constitutional Court as part of an appeal filed by the main opposition Republican People’s Party (CHP) should be supported by all.
He called on everyone to support the constitutional reform package’s changes to the makeup of the HSYK, underlining that the opponents of the changes were partisan and harmful to the legal profession. He said he was positive about the entire constitutional amendment package.
Terzibaşıoğlu also said he supported Constitutional Court rapporteur Osman Can’s statement that the government should ignore the Constitutional Court should it exceed its constitutional authority when it rules on the constitutional reform package. Can, who is also head of liberal jurists’ union the Democratic Judiciary Association, said the government should ignore the court’s ruling if it annuls one or more articles in the package and take the package to referendum anyway, in remarks that were met by anger in some circles.
Terzibaşıoğlu said the high court can only review the constitutional amendment package on procedural grounds, without going into substance, otherwise it will have superseded the nation’s will and exceeded its authority. “Turkey should go to a referendum [on the package] on Sept. 12,” he said.
