CAFER – Boomerang

BoomerangJudicial independence has always been a controversial issue in Turkey because the judiciary was there to protect the interests of the state rather than performing its tasks in compliance with the requirements of justice and the principle of impartiality and the supremacy of law. The judiciary, which has served as the stronghold protecting official ideology — not the law and justice — has long been the sword of Damocles hanging over politics and society.

Now it is Prime Minister Recep TayyIp ErdoIan who holds that sword.In order to attain the European Union standard of democracy, Turkey had to ensure judicial independence.

Unfortunately, the reforms introduced in this domain have been reversed by the political administration within a short period of time. For instance, it was an important development in the 2010 referendum to curtail the oligarchic structure in the judiciary however, we are beneath even the standards of 2010 after the recent regulation in the Supreme Board of Judges and Prosecutors (HSYK).

The greatest sign of judicial independence is undoubtedly its ability to take action against holders of power when there is a violation of the law. For this reason, the ability of the judiciary, which has until recently acted in compliance with briefings from the headquarters of the General Staff to prosecute coup conspiracies, was a significant achievement in Turkey’s bid for democratization.

Today, there is no shred of this achievement.If it is to perform its job without being manipulated or directed by any external force or dynamic, the judiciary does not have to consider the identity of the perpetrator and the content of the offense.

In other words, it has to act indiscriminately when an offense is committed by a strong or a weak actor This is why the eyes of Themis, the goddess of justice, are closed.However, the progress in the judiciary, which was restructured following the referendum in 2010, was reversed by the political administration when it began influencing its actions.

In other words, the Justice and Development Party (AKP) administration and Prime Minister ErdoIan did not allow the judiciary to become an autonomous power ErdoIan did not let the judiciary do its job and identify the perpetrators and culprits in the corruption and bribery investigations on Dec. 17 and 25.

Instead, he referred to the investigation as a coup attempt, and since then, the AKP has begun to seize control of the entire state apparatus, including judicial institutions.Judicial independence and impartiality has never been undermined so gravely before.

The arbitrary reappointments in the police and judiciary, removals, nepotism and the new HSYK bill were further backed by a new National Intelligence Organization (MIT) bill. Most recently, the administration began the process of abolishing the Telecommunications Directorate (TIB), transferring its power of legal wiretapping to MIT.

This move is reportedly being made to cover up the evidence collected in the bribery and graft investigation through the wiretapping at TIB.Prime Minister ErdoIan carried this process to its current phase through reliance on a harsh discourse resembling a witch hunt.

At a time when he decided the conditions were right, he pushed the button, and, as a result, a number of police officers were arrested for alleged offenses, including espionage and attempting a coup against the government. The allegations directed against the police officers are very grave.

This is why they will have a boomerang effect if not proven.No criminal waits for detention in his home for months.

The day the operation started is also the day this boomerang began traveling back.Gaza is under attack there is ongoing bloodshed in Iraq, Syria and other parts of the world.

Things are complicated in Turkey, but we still have to hold onto our good intentions for religious holidays. I wish you a happy Eid al-Fitr.

SOURCE: Today’s Zaman