​OPINION| THE COLLAPSE OF TURKISH JUDICIARY IN NUMERIC AND PRINCIPLE 

freejudges
-
0
​OPINION| THE COLLAPSE OF TURKISH JUDICIARY IN NUMERIC AND PRINCIPLE 

 

1. INTRODUCTION 

It is not too much to say that being a member of the judiciary is one of the most difficult jobs in the world. It is too difficult because one of the fundemental needs of a person is a justice and the members of the judiciary exercise  so much critic task in meeting of this requirement. 

Because of the difficulty and importance of the task, the  international standards are needed to be established. In 2003, the principles of  Bangolar  Judiciary Ethics were accepted to constitute a professional ethics for the judges (1). The fundementals like the independence, impartiality, equality, accuracy, honesty, qualification and  capacity that ought to be held by a judge are explained in detail in these principles. Likewise, in a European Prosecutors’ Conference, held in 2005 by the European Council, the European principles regarding the ethics and attitude procedure for the prosecutors, also known as Budapest principles, were accepted. In Budapest principles,  as is the case with the judges, the qualifications that should be held by the prosecutors were discussed in detail.

In a modern state of rule of law, in order to mention about a judiciary that will become a guarantee for the human rights, it is necessary not only  to be found of judicial bodies and the members called “judges and prosecutors”, but also to be held of the above mentioned qualifications by these judges and prosecutors. It is not easy to train a judge having those qualifications. Firstly,  a judge  will have a professional knowledge and then this knowledge will be supported by means of exercise in profession. This requires quite much time.

In this sense, Turkish judiciary has never had a perfect judicial bodies. However, it has always tried to  improve itself up to the recent history and  recorded a remarkable progress. Indeed, Turkey had recorded a remarkable progress in terms of independency, ecficiency, the protection of the human rights and fundemental freedoms till 2013 according to Eueopean Comission and it was ready at a certain level for the application of Union Acquis and European standards (2). However, since 2014, Turkish judiciary not only has not recorded any progress but also regress from the gains in judiciary with the oppression on judges and prosecutors. With the dismissals of the judges and prosecutors in 2016, the current situation has worsened (3).

In this essay aiming to take a picture of the recent past year of Turkish judiciary by using graphics, the data used in graphics was obtained from the statistical data in website of CJP, the starting date of employment in CJP decrees and also the datas revealed by the ministers in press releases (4).

2. THE PURGES IN TURKISH JUDICIARY UNDER THE PRETEX OF COUP ATTEMPT

The developments after July 15 coup attempt point out the fact that the government had being made preparations for a long time to take the judiciary under its control. Because, millions of the opponents should have been purged to shift a one man regime in a way detaining or arresting them. For this porpose, a judiciary linked to the government was a prerequisite condition. Indeed, on the wake of July 16, while the soldiers organizing the coup could not be determined yet , the CJP convened and suspended 2745 judges/prosecutors. Then, this number has reached 4560 in total.  So far, one third of total judiciary, having 15304  judges/prosecutors in total as of July 2016, has been dismissed from the post of judge.

1591 out of total dismissed justices whose dismissals become final served 10 years and more;1578 out of that served between 5 and 10 years and 1114 out of that served less than 5 years. That’s to say, 63,16 percent of total dismissed number served more than 5 years in the profession.

3. THE PURGES IN  HIGHER JUDICIAL BODIES

In this process, the government purged many senior members of the judiciary in order to designate a partisan judiciary. 2 members of the Constitutional Court, consisting of 17 members in total; 140 members of the Court of Cassation, consisting of 471 members in total; 49 members of the Council of State, consisting of 177 members in total have been purged or arrested so far. 5 members of CJP, having 22 members, are also among the purged or arrested ones.

4. THE PRE-TRIAL DECISIONS AND PRACTICES ABOUT THE DISMISSED JUDGES AND PROSECUTORS

4560 judges and prosecutors not only dismissed from their profession but also arrested by the government being on a power trip to establish a new regime “autocracy”. 680 out of the total arrestees have been held under solitary confinement in prisons. They were prohibited to meet with their lawyers, families and relatives under the heavy poor conditions in prisons which is incompatiple with Turkish Execution regulations in effect.

Prosecutor Seyfettin Yiğit, held under such a poor conditions, were found died in prison toilet. While his family asserted he had been killed, the authorities claimed he had suicided (5).

Furthermore, judge Mehmet Tosun, whose salary and all social security rights were cut after his dismissal and released after the pre-trial detention, passed away due to his relapsing illness under heavy circumstances (6).

Despite tens of ills are there among the arrestees, they have not been released yet. Member of Court of Cassation Mustafa Erdogan, arrested despite having a severe brain surgery and to be obliged to be  held in hospital, was not set free till he had lost his consciousness despite many release requests and full-fledged hospital reports, what’smore, held under solitary confinement. After his death became apparent, he was released and he died 4 days after his release (7).

1585 judges and prosecutors were released on probation. The lawyers  whose lives are all justice and law, have been turned to  “civil dead” being deprived of even attorney’s licence.

In this process judicial action has been taken into 4290 out of 4560 dismissed judges and prosecutors.

5. SHORT POSITION DUE TO PURGES, PARTISAN JUDGESHIP, LACK OF QUALIFICATION AND SENIORITY

First step for the partisan judiciary was to purge the members of the judiciary not pledging allegiance to the government and the second step was  to charge the partisan ones to the positions of the dismissed ones. CHP deputy Barış Yarkadaş, revealing absolute examples, announced to the public that 800 out of 900 recruit judges were linked to AKP  (8).  Jugde Nuh Hüseyin Köse, member of Judges Union, declared: ” Qualification or capacity does not matter any more, partisan lawyers are being appointed as judges. The qualified judges have been remained aside as unproductive capacity. They are being forced to be retired or giving up their posts or deactivated (9)”.

Indeed, Turkish judiciary has a matter of capability/qualification after the purges. The regular functioning of Turkish judiciary is as the following: Turkish judicial organization goes into five regions. The fifth region is the smallest one and the first one is the biggest one composed of the metropolises. A judge passing the judgeship examination is appointed to the smallest regions, namely, the forth or fifth region. As getting experience  in the post, s/he is appointed to the bigger regions. In order to exercise the judicial task in the first region, a judge should serve  at least 10 years in the profession. Even to discharge the task in metropolises like Ankara, Istanbul and Izmir at least 15 years seniority is required. Because of the short position as a result of the purges at amount of 30 percent of the whole judiciary whose 63 percent has a seniority above 5 and 10 years, the judges, newly appointed or having too few seniority in the profession, have begun to exercise the judicial task in metropolises. Due to high short position, the Justice Minister declared that the training period before the appointment to the profession had been shortened (10).

Nowadays, in Turkey especially in Ankara, Istanbul, Izmir, the justice has been being delivered by the recruits and the victims have been being arrested or tried on request of life sentence.

6. CONCLUSION

The open letter written by judge  Adem Arslan, still on duty, to Deputy chairman of CJP Mehmet Yılmaz reveals the current heartbreaking situation of Turkish judiciary:  “Deputy chairman of CJP Mehmet Yılmaz made a statement as usual, in summary, he said they had cleaned the judiciary from FETO but it was not enough, the investigation into more 1200 members of the judiciary had been still being conducted. Openly you made us go crazy by your lists…Our profession life is composed of list chats; list of confessors, list of bylock, list  of election, list of the possibility of not voting for the pro-government candidates in CJP elections, etc.. enough’s enough..you have fired almost 40 percent of the judiciary. What a meaningless forcing is that? If you are unable to settle this matter, get sack for all of us including me..both you and us get it out of this hell.. enough’s enough….”(11).

As you see, Turkish judiciary in such a case has become the most effective tool to purge the opponents after July 15 coup attempt. What else might be expected from such a judiciary whose one third has been fired from the profession or arrested and the most of the remaining is supporter of the ruling party AKP, what’s more, very little part of that not supporting AKP becomes silenced due to a fear…For such a judiciary, nor principles of United Nations Bangolar Judiciary Ethics neither principles of Budapest present importance! What matters for them is to make decisions not undermining the interests of the government and being on duty in this way. Indeed in a report issued by HRW, the oppression on Turkish judges and prosecutors are emphasized and stated that the judges and prosecutors are worried about their profession (12)”.

The fact that Turkey is a country where the prisons are full of human rights activists, deputies, academics, judges, prosecutors, teachers, businessmen, women and even 700 babies and also in the lead in arresting the most journalists in the world is only the face value of the devastating results of the above graphics.

Sources:

1- http://www.hsk.gov.tr/Eklentiler/Dosyalar/4a92e0cc-e94b-4912-aaf9-5dfc5b885e98.pdf

2- http://www.ab.gov.tr/files/000files/2015/11/2015_turkiye_raporu.pdf s. 59

3- http://www.ab.gov.tr/files/5%20Ekim/son__2016_ilerleme_raporu_tr.pdf s. 68

4- http://www.hurriyet.com.tr/2-bin-745-hakim-ve-savci-icin-gozalti-karari-cikti-40149496;http://www.anayasa.gov.tr/icsayfalar/basin/kararlarailiskinbasinduyurulari/bireyselbasvuru/detay/pdf/2016-49158.pdf ; http://www.milliyet.com.tr/4-bin-251-hakim-ve-savci-ihrac-gundem-2484506/;https://twitter.com/HuseyinAygun62/status/798843161942470656;http://www.platformpj.org/judiciary-quashed-civilian-coup/ ; https://www.ahaber.com.tr/gundem/2017/05/29/7-bin-430-feto-suphelisi-tahliye-edildi

5- http://www.hurriyet.com.tr/feto-zanlisi-savci-cezaevinde-olu-bulundu-40224765; http://www.bidoluhaber.tv/seyfettin-yigit-intihar-etmediolduruldu.html

6- http://odatv.com/tutuklu-hakim-hayatini-kaybetti-0803171200.html

7- http://www.cumhuriyet.com.tr/haber/turkiye/810869/Bilinci_kapanana_kadar_tahliye_edilmeyen_eski_Yargitay_uyesi_yasamini_yitirdi.html

8- https://www.aydinlik.com.tr/politika/2017-nisan/iste-akp-li-vip-hakimler

9- https://tr.sputniknews.com/columnists/201707051029146336-nuh-huseyin-kose-umarim-sira-bize-gelmez-demistim-geldi/

10- http://aa.com.tr/tr/gunun-basliklari/adalet-bakani-bekir-bozdag-16-bin-yeni-personel-alimi-yapacagiz/690992

11- http://odatv.com/bizi-liste-manyagi-yaptiniz-mehmet-agabey-0201171200.html

12- https://www.hrw.org/tr/report/2017/10/12/310066

ARRESTED PROSECUTOR WAS FOUND HANGING IN PRISON ON 16 SEPTEMBER 2016

freejudges
-
0
ARRESTED PROSECUTOR WAS FOUND HANGING IN PRISON ON 16 SEPTEMBER 2016

A 47-year-old public prosecutor Seyfettin Yiğit who was put behind bars in the western province of Bursa as part of post coup investigations was found hanging in the prison bathroom on 16th September 2016.

Yiğit was among the prosecutors who oversaw an investigation into allegations of irregularities within Turkey’s Mass Housing Administration (TOKI) in late 2013, a landmark year when widespread graft allegations implicating four cabinet ministers and a son of then-PM Recep Tayyip Erdoğan were revealed.

Source: https://defendlawyers.wordpress.com/2016/09/22/turkey-prosecutor-jailed-over-coup-charges-found-dead-in-prison/

​UN JUDGE AYDIN SEFA AKAY SENTENCED TO 7 YEARS IN JAIL FOR USING A PHONE APP BYLOCK

freejudges
-
0
​UN JUDGE AYDIN SEFA AKAY SENTENCED TO 7 YEARS IN JAIL FOR USING A PHONE APP BYLOCK

Aydin Sefa Akay- a judge, attached to the UN’s Mechanism for International Criminal Tribunal Judge and retired ambassador was found guilty and sentenced by a court in Ankara to 7 years and six months in prison due to his association with being a member of ‘armed terrorist organisation’. The decision was also linked to his usage of the ByLock app which is alleged as the means of communication by ‘FETO/PDY’ members who are accused of orchestrating the July 15th coup attempt. The court has placed an international travel ban on Akay meaning he cannot resume his work with the UN.

Source: https://washingtonhattius.com/2017/06/18/un-judge-aydin-sefa-akay-sentenced-7-years-jail-using-phone-app-bylock/

​JUDGE ZAFER AKARSU SENTENCED TO 6 YEARS AND 3 MONTHS

freejudges
-
0
​JUDGE ZAFER AKARSU SENTENCED TO 6 YEARS AND 3 MONTHS

Arrested judge Zafer Akarsu is sentenced 6 years and 3 months in jail over allegedly being member of armed terrorist organisation.

He denies all accusations, defends lack of concrete evidence at the hearings. He’s released but he could be put in prison again after appeal process to serve remaining sentence.

https://www.memurlar.net/haber/715689/bylock-kullanicisi-eski-hakime-6-yil-3-ay-hapis.html

​WHY HAS CHIEF PROSECUTOR HUSEYIN BAS BEEN KEPT IN SOLITARY CONFINEMENT CELL FOR 500 DAYS?

freejudges
-
0
​WHY HAS CHIEF PROSECUTOR HUSEYIN BAS BEEN KEPT IN SOLITARY CONFINEMENT CELL FOR 500 DAYS?

Since July 15 coup attempt, hundreds of judges and prosecutors have been kept in solitary confinement cells contrary to provisions for taking into cells are designed in Execution of Criminal Law Code no 5275 Article 44 (violating the prison regulation) and 63 (being dangerous convicts).

None of arrested judges and prosecutors violate the prison regulations and are dangerous. Thus, we have to consider real reasons behind this isolation implementation.

Just look at the news about former chief prosecutor  Huseyin Bas who has been kept in solitary confinement cell since July 2016.

Mr. Bas’ prosecution office was investigating harbor corruption in which the name of current Prime Minister Binali Yıldırım’s relatives are also involved. At the time of detaining suspects, justice minister (current deputy prime minister) Bekir Bozdag and undersecretary of justice ministry Kenan Ipek (later promoted as member of Supreme Appeal Court) called up Mr. Bas and forced him to stop investigation. Mr. Bas refused illegal orders and took the minute of this phone conversation in 2014. Mr Bas was firstly expelled and after July 2016 dismissed and arrested.

Here is the news and translation of minute:

The minutes,  recorded by the Province of İzmir Chief Public Prosecutor, Hüseyin Bas, on January  7, 2014 and attached to the official letter, denouncing the conversation between  the Undersecretary of Ministry of Justice and Hüseyin Baş and submitted on January 10, 2014, reveals the following information:

“ Within the context of Investigation Document No. 2011/12445, conducted by our Chief Public Prosecutors’ Office on the issue of offences of forming a criminal organization with the intention of securing benefit, conducting a criminal organization, having a membership in a criminal organization, bribery, corruption in tenders,  extortion, qualified plunder; an investigation was carried on by the help of taking precautionary measures such as supervising of communication and following with technical tools, like taking a photo or video recording as the articles 135 and 140 of Criminal Procedure Code No.5271 require. Afterwards, following the evaluation of expert reports, the catching of the suspects warrants and search warrants were issused by the competent court on January 6, 2014 and then those warrants were submitted to the Province of İzmir Security General Directorate for execution of them after work.

When I was at home, my phone, 05305275135, was called by the secretary of Kenan İpek, Undersecretary of Ministry of Justice, from his office, and the secretary told me that Kenan İpek wants to have a phone call with me at 19:38 on January 6, 2104. Firstly, he inquired after my health and then asked about the process of the investigation, conducted. I informed him about it shortly. Upon this, he demanded me to cease the investigation process urgently and  also change the public prosecutor, carrying out the investigation and added that he was waiting in his office in order that I let him know the conclusion. Although I explain him in detail that there is no undue or unlawful procedure in the investigation proceedings in law and in practice,  he insisted that I cease  ongoing investigation, change the public prosecutor, carrying out the investigation and also retake the court verdicts (search and catching warrants) from the law enforcement agencies aftermath of a 4-minute-phone call. Telling again that he is waiting for the reply, he turned off the phone.

Later at 22:31, calling me again, Undersecretary of the Ministry of Justice asked  what I had done. In response, I kindly explained him in detail that, all the proceedings were in line with the principles of  law and there was no need for interference to the investigation process. Then, adressing me, he told that: “At this time of the night, go ahead and change that prosecutor, carrying out the investigation,  cease the investigation and cancel all the proceedings up to now, otherwise, you bear a loss of disobedience.”

I refused to put his demand, looking like an order, into practice , due to all the proceedings with regard to the conduction of investigation were in accordance with the law and in full respect for the fundemental rights.

This minute, representing the conversation between Kenan İpek and me, taking place at 19:38 and 22:31 on January 6, 2014,  was recorded and signed by myself . 07.01.2014”

Source:

http://www.sozcu.com.tr/2014/gundem/iste-bekir-bozdagin-tutanagi-458093/

​A LETTER BY ARRESTED AND TORTURED PROSECUTOR YIGIT KACAR FROM SANLIURFA PRISON IN TURKEY

freejudges
-
0
​A LETTER BY ARRESTED AND TORTURED PROSECUTOR YIGIT KACAR FROM SANLIURFA PRISON IN TURKEY

Here is the letter of a prosecutor Yiğit Kaçar which was sent from the prison he has been held regarding the tragedy he has experienced after July 15:

“Today is August 12, 2017. So the 1st anniversary of my imprisonment. Innocently, in a tiny room, between four walls, I spent a whole year, a whole year cost me such as a life time, apart from my loved ones. During my stay here, I always thought what I did the same day last year. Last year we were at the festival, we celebrated the birthday of my children in here, we welcomed the newyear eve at Ayder Plateau, we were at Kaçkarlar at that time, this time we were together with our friends … From now on, every day when I remember last year, I will know “I was among these four walls”. Tomorrow and every day afterwards … Because I have had to spend every special and beautiful day that people can live in a year with their loved ones, I had to spend separately from them. For example, I was not there neither my wife’s nor my three daughters birthdays. I did not see the first steps of my youngest daughter. I could not be with them on two festivals and now the third is coming. Though, for us, the feast day will be the day I will be liberated by this unjustness come to an end. But it is not clear when that day/holiday will come.

This is the only thing that has changed in a year; now I am not among the four walls in Çanakkale, but between the four walls of Şanlıurfa. One day they would not have found the height of the walls in Çanakkale enough and they would suddenly barge into my ward and say, “Pack your belongings Yigit, You are going.” Am I going to another ward or another prison, no one responded. Then why do I go, on which reason I am being taken no one explained. Naturally I got worried. After all, there is no official decision shown to me, neither my family nor I was informed, no official notification was served. It’s not clear they are going to either abduct me or kill me. That’s why I resisted. I told them that they had not my consent. This time I was exposed to violence. They dragged me on ground, my arms were twisted. It is not possible to resist all those people. I desperately gathered my belongings and after a long time realized that I was taken to Şanlıurfa. In the beginning, I was already torn from my beloveds and put between four walls. I had to be content myself to see my wife and my children, forty-five minutes a week. Now I am completely separated from my family. I still do not know the reason for this transfer. But ultimately it is an exile for me.

At first I naively believed, that a mistake was made and when the dust settles it is going to be understood that I was innocent and that this mistake would be corrected But now I see it and I see there was no wrongdoing. Everything was part of a deliberate plan. Oh! are you the one who does not unconditionally and unquestioningly obedient to us, are you the one who does say I will stay independent and impartial, are you the one who does act as if orders to our demands. Then go to the prison, stay there for a few years; both come to your senses and be a lesson as well as those who are reluctant to enter under our oppression … This is exactly what is meant to be said.

Now I think there is intention. Because after a year, I finally understand this clearly from my indictment. It would be more accurate to say it is an announcement that really outlines my innocence and screams my guiltlessness than an indictment that should be nothing but allegation(s) that accuses me. Because the indictments that I know of includes the crimes claimed to be committed individually. However, mine writes that I did not use ByLock, I did not participate in the conversations, I did not give financial aid such as benevolence or scholarship, I did not deposit money to a certain bank, I did not read their books receive training in their educational institutions, I did not send my children to their schooIs, I did not watch their sermons.

So you’re wondering why I’m not being released and returning to my job. Let me explain: because there is no point in what I do or do not do for them The important thing is whether I do or I do not obey them. Because I know a lot of judges who are still in profession though they do all these things which was written in my indictment. Those who have regrets for what they did in the past are now crying, such “we did, please you do not as we, we’ll do what you are going to say to us”. And unfortunately these colleagues are almost captive. Those who has no regrets in their past actions  like me, are subjected to this treatment because they say “I will do what law orders, not what you want.” It is sad but true it is what it is.

The prosecutor who has to bring evidence, obligated to open a case against me, he nearly would accuse me of “having eyebrows above my eyes”. He could not say I did not use ByLock because he could not, but instead he claimed that I have contacted ByLock users. Of course, he never mentioned about who these people are, how many times I contacted them. By July 15, I was not even aware of the existence of the program bylock. Who knows if there is such a program in the person he is calling for? If we examine the phone of the prosecutor who wrote it as a crime, how many of these communications did we find? I’m sure there will be many.

Then the prosecutor took a witness statement. Included to the indictment. The denouncement mail sent by a woman who I have not heard of in my life is exactly like this: “Yiğit Kaçar, the prosecutor of Artvin Hopa, was arrested within the scope of the FETO/PDY investigations after 15 July”. Not know whether to laugh or cry? What is this now? Confidential information about me? Is it a crime I’m working on? Did anyone not hear that I was arrested? Someone that a crass wrote this ridiculous thing in order to be informant if it be so, well then could the prosecutor not find anything else, but he took this ridiculous statement and put it in my indictment ?

Here is the pathetic situation that judiciary in right now my friends. What could I say; what a shame. The judiciary no longer finds crime and writes in indictment but returns to an institution that has invented crime and put it in an indictment. At least, do not try to deceive a lawyer and prosecutor who worked for years with this indictment. I’ve personally written thousands of them myself. But neither I did not write nor I saw like this sloppy one. It is hard to believe that we have the same legal education in the same state as the prosecutor who wrote this. Of course, if you try to write something with orders and instructions instead of writing something based on law and statutes, it is inevitable that such a ridicule will emerge on the grounds of coercion.

I have been held in prison for a year because of the nonsense you read in my indictment. And I am not going to be released easily. It is for a reason to be held prisoners this long. We are not being released to create and strenghten perception of guilty in the eyes of public. When they held prisoners for a long time, they think the public will think, “It was indeed they were criminals, or they would be released until now.” That’s why they do not.

That is why they are writing an indictment even if it is far-fetched. That is why they will make trials, even if they are perfunctory. I do not expect they will say to anybody who has been held innocently for more than a year, after that phase, “sorry, we did it wrong”. The wolf set his mind on eating the lamb once. So save your breath. But I do know: I don’t care neither this pro forma trial they will make nor “assured verdict”, that they will give. As long as I do not be condemned in your heart. My friends, never lose their beliefs of that I’m innocent or elseI would not be a terrorist to be declared as a terrorist by somebody’s fake proofs …”

Source: https://m.facebook.com/yigit.kacar.5/posts/10155715994909894

Judge Ahmet Kaya and prosecutor Muhammed Türkyılmaz sentenced to 6 years and 3 months in prison on 6 December 2017

freejudges
-
0
Judge Ahmet Kaya and prosecutor Muhammed Türkyılmaz sentenced to 6 years and 3 months in prison on 6 December 2017

On December 6, 2017:

(Ünye) Judge Ahmet Kaya and prosecutor Muhammed Türkyılmaz are sentenced to 6 years and 3 months in jail for allegedly being members of armed terror organisation.

They are released on the condition that judicial control. They would be put in prison again after appeal process to serve remaining sentence.

1. https://m.bafrahaber.com/feto-den-yargilanan-hakime-6-yil-3-ay-hapis–168981.html

2. http://www.boluolay.com/bolu/feto-zanlisi-savci-ceza-aldi-h46749.html

JUDGE MURAT KOPAL IS SENTENCED 10 YEARS AND 6 MONTHS IN JAIL

freejudges
-
0
JUDGE MURAT KOPAL IS SENTENCED 10 YEARS AND 6 MONTHS IN JAIL

Judge of Izmir 2nd Tax Court Murat Kopal, arrested together with his 2744 colleauges immediate after July 15 coup attempt, was sentenced  to 10 years and 6 months imprisonment for being a member of FETO by 13rd Heavy Penal Court.

The unlawful decisions of the panel of judges in Kopal’s trial attracted attention. Firstly, the panel of judges denied the motion as to be granted an extension of time to prepare the defence. Despite “the right to get a legal advice from a lawyer” during the hearing is the fundemental of the right to defence, the panel of judges disregarded the absence of Kopal’s lawyer in hearing and what’s more, they sentenced him to a heavy imprisonment under the given circumstances on the grounds that the lawyer intended to hinder the completion of the trial.

Althouhg the imprisonment penalty established in Turkish Criminal Code is 6 years and 3 months for the alleged crime, the panel of judges aggravated the penalty and sentenced him to 10 years and 6 months on the grounds that he had been discharging his judicial task  since 2006. Furthermore, they decided to continuation of his arrest  despite he had been held under arrest for one and a half year (1).

Kopal was known with his writings and shares defending the independence of the judiciary and also criticising the government’s practices aiming to take the control of the judiciary  at adalet.org website, used by judges and prosecutors. One of the issue what Kopal had criticised was the release of Reza Zarrab and arresting police officers who investigated Zarrab in the presence of criminal evidences appeared on press on 17/25 corruption and bribery investigations. As known, Reza Zarrab had gone to US after his release in Turkey and arrested there. He stated that he had given a bribery to be released.

Judge Islam Cicek, releasing Reza Zarrab, has become famous on press with his Erdoganist and islamist thoughts. Having been appointed  to the Supreme Court of Appeal as a member judge on July 5, 2017, he was rewarded by HSK, completely coming under the command of Erdogan after referendum (2).

1.https://www.cnnturk.com/turkiye/fetoden-yargilanan-eski-hakime-10-yil-6-ay-hapis-cezasi

2.http://gazetemanifesto.com/2017/07/05/allah-uzun-omur-versin-uzun-adam-diyen-bakan-cocuklarini-serbest-birakan-hakim-yargitay-uyesi-oldu).

JUDGE CLAUDIA PINA MADE A PRESENTATION ABOUT PERSECUTED JUDGES OF TURKEY

freejudges
-
0
JUDGE CLAUDIA PINA MADE A PRESENTATION ABOUT PERSECUTED JUDGES OF TURKEY

Portuguese Judge Claudia Pina made a presentation about the situation of Turkish Judges in Portuguese Association’s Congress.

http://www.iaj-uim.org/iuw/wp-content/uploads/2017/11/Turkey-A-Judiciary-under-Siege-Sola-lettura.pdf

1- JUDICIAL INDEPENDENCE and THE RULE OF LAW

The Turkish Case

2- JUSTICE IS THE PILLAR OF THE STATE

ADALET MÜLKÜN TEMELİDİR

Mustafa Kemal Atatürk
3- “This sentence is written in many courtrooms in Turkey.

However, its meaning was lost on the night of July 15, 2016.”

4- “On the 16th of July, dawn rose over a different country, Democracy and the Rule of Law vanished, arbitrary arrests began and thedestruction of Judicial independence was imposed.”

5- “TIMELINE : Coup and Purge of the “ Enemies of the State “

• July 15th 2016

FETÖ or Gülen Organization is deemed responsible for the attempted Coup.

•July 16th 2016

Thousand of public servants, military personnel, police officers, judges and prosecutors were arrested or dismissed under the accusations of being members of FËTO.

•July 20th 2016

The State of Emergency is declared.

•July 21st 2016

Turkey partially suspends its obligation resulting from the European Convention of Human Rights.”

6- “April 16th 2017

In a Referendum legislation is approved, allowing the President to appoint the 13 members of the Council of Judges and Prosecutors and the 15 members of the Constitutional Court.

August 3rd 2017

Transfer by Decree of 610 Judges in Courts of First Instance and Apeal Courts.”

7- “Numbers of the Judges and Prosecutors purged after the July 16th Coup

Dismissed : • 4521 – one third of the total number

Detained : • 2431 – althought it is not possible to asses how many are detained in isolation

Subject to coercive measure other than pre-trial detention : •1311 ”

8- ” Grounds :

Membership of the FËTO Terrorist Organization.

Evidence :

In numerous cases, the use of the Bylock messaging application, allegedly used by FËTO members.

The generic reference of belonging to FETO, the absence ofconnection between facts, evidence and discernible subjects is a pattern, that can be verified in the decision of the Council of Judges and Prosecutors from 31.08.2016,  that dismissed over a thousand people in a 60 pages ruling.”

9- “One of the detainees is Murat Arslan, President of the YARSAV Judges and Prosecutors association, that was dissolved in the meantime. International Association of Judges have nominated him for the Vaclav Havel Award. He win this Award ! ”

10- “Judges Metin Özcelik and Mustafa Başer were sentenced on April 20 2017 to 10 years for being member of FETO”

11- ” Among the detainees was prosecutor Seyfettin Yiğit, who was responsible for the investigation of a corruption case involving the family of President Erdoğan. September 2016 he commited suicide in prison.”

12- “What if it was us ? What if a single night changed our lives ?”

13- “All non democratic or corrupt political power fears an independent Justice. Freedom and Independence are not to be taken for granted, they must be used and conquered everyday.”

14- “Excerts from letters sent to the European Judges Association

“I have been working as a judge in Turkey for 5 and a half years. An armed group tryed to take over the country on 15th of July 2016, approximately at 2 ,0 pm. After two hours the coup attempt was under control. Afterwards, a list of judges’s names allegedly involved was published on the internet and 2.700 judges were removed from duty. We (my husband and I ) were detained on the suspicion of being members of the terrorist organization involved in the coup attempt, although there is not any evidence. We submited ourselves to the police. However, we were subjected to inhuman treatments. I wish they would release my husband. There is not any evidence he is a terrorist.

I am afraid of being arrested for sending this letter to you. I hope you wil find a remedy for the violations of our fundamental rights and freedoms.”

15- “I have worked for twenty years as a judge. Throughout my life, I have defended “Pluralist Democracy”, “The Rule of Law” and “human rights”. I will continue to do so. I have opposed all forms of “terror” and “violence”. I’ve always been away from everyday politics. After the 15th of July, I was first suspended, then I was dismissed from my job without the possibility to defend myself. All my assets were seized. I was removed from the house where I lived. My credit cards were canceled. I was put in a situation where I cannot withdraw money from the bank and I am unable to support my family. I am stigmatized as a “terrorist” and a “putschist” without any evidence and against the presumption of innocence. If nobody speaks up for us, tomorrow this fire of lawlessness will take up everywhere. There are thousands of applications waiting in front of the ECHR. We want those applications discussed as soon as possible. We want that an effort is made to ensure that the Law is  respected as soon as possible. “

16- “Those who were arrested or dismissed were labelled as terrorists, they lost their salary and many also their freedom.

Taking into consideration the appeals that reached the EAJ and Medel, a fund was setup to support them in basic expenses and legal defense fees, to which many European colleagues have generously contributed.”

17- “At the present time about 40.000 € have already been sent by the Fund to judges, prosecutors or their spouses.

About 50 families, that friends and colleagues in Turkey cannot help with fear of being labelled as terrorists, have been impacted by this support.”

18- “Excerpts from thank you letters sent by the beneficiaries of the Fund

“ Thank you for the 3.370,96 Turkish Liras you sent me. I bought some books for my children. This situation is tragic for me. Because my children feel everything. My life and theirs changed. I hid the receipt. How can I sent it to you? If I restart my career as a judge, I want to pay you back.”

“ I got the money you sent me. Thanks so much for your help. I really appreciate it. My husband has been in jail for 8 months. I moved to Izmir where my husband’s parents live. Our families helped me a little. Our assets were frozen and we don’t have any health insurance. After all these tragic events, your support came and move me to tears. “

19- “Our voice cannot be limited to criticizing the Turkish Regime, it must be a voice of hope for all : those who are still in prison, those who were dismissed and those who carry on doing their job.

This voice needs to be heard by European Institutions, by Turkey, but also by Poland, Hungary and Bulgaria, where similar situations occur.

It needs to be the an academic critique to the European Court of Human Rights decisions, when they reject the appeals from the citizens of a country with no independent justice, on the grounds that internal remedies have not been exhausted.”

20- “What if those remaining in their job were us ?

Are we supporters of the regime ?

Are we collaborators ?

Are we ourselves ? ”

21- “ You must prepare, you also, if that is possible. You must decide which of your ownselves wil fight and which wil surrender. One of them will surely be terrified. You shall decide which can and cannot be silenced, you shall settle all the scores that can be settled.“

22- “ The situation in Turkey has not improved, for many of our colleagues it remains a struglle for survival, dignity and defense against the power of the State. Your generosity is critical so that EJA and MEDEL can continue to support those in Turkey that are in the very edge of hope. To help you can donate to the account below:

Name of the receiver : Unione Internazionale dei Magistrati

Bank: Unicredit Rom

Address : Palaz o di Giustizia / 30 92 Roma / Itália

IBAN: IT56 *O* 020 8 05101 0 104586019

BIC/Swift: UNCRITM1B52 ”

​PROSECUTORS SEEK 22,5 YEARS IN JAIL FOR ARRESTED JUDGE MESUT ORTA

freejudges
-
0
​PROSECUTORS SEEK 22,5 YEARS IN JAIL FOR ARRESTED JUDGE MESUT ORTA

 

Arrested judge Mesut Orta is indicted up to 22,5 years in jail for allegedly being member of armed terrorist organisation. He has been accused of  running terrorist organisation, going abroad (UK) for learning English, expelling some staffs while he was president of ICT department of Justice Ministry and resisting against electronic integration between e-Justice System (UYAP) and National Intelligence Service (MİT) not to share judicial cases’ infos.

Mr. Orta began his career as an apprentice judge before being promoted to the position of criminal court judge two years after. Later, thanks to his work with the Institute for Counterterrorism, he was appointed a reporting judge in the Turkish Ministry of Justice’s Department of Information Technology. In 2005, he was promoted to the position of Vice President; in 2011, president of the ICT department, where he is responsible for developing software and administering the UYAP national court system which has been awarded many times by international organisations including United Nation.

In 2003 he was elected a member of a commission founded by the Turkish Parliament to draft an electronic-signature law. Inspired by the opportunities presented by electronic signatures, Mr. Orta published books on e-signature and IT Forensic. He has master degree on e-signature and phd on IT Forensic.

In 2008-2009, he took an English course in the United Kingdom and learned how IT systems were used by that country’s courts. He has given presentations on Turkey’s UYAP electronic legal system at a number of seminars and conferences. He has taught classes at the Near Eastern State Institute in Turkey on legal and technological issues relating to the use of electronic signatures. He has taught classes about jurisprudence in the IT area for apprentice judges at the Turkish Academy of Justice.

https://www.croc.ru/eng/news/detail/37006/

1...565758Page 57 of 58