As a lawyer, while watching this year’s Judicial Year opening ceremony on TV, President of the Union of Turkish Bar Associations Atty. I was wondering how Erinç Sağkan would talk. But it wasn’t! Could it be that he did not come to the judicial year meeting?.. Then it was understood, he came to the meeting and gave a speech, but it was not published.
His speech was not given to the satellite, and no one could listen except those in the hall. It was obviously censored!
Whose job was this? Nobody’s out.
Shouldn’t Beştepe and the Supreme Court make a statement, or at least express regret? Let’s say Beştepe is finally a party office, and his speech was the speech of the government… What about the Supreme Court?…
ECHR DECISIONS
Afterwards, I read the speech of TBBB President Sağkan from the written text published in the media. He emphasizes that the decisions of the ECtHR are binding and criticizes the government’s non-compliance. He also stated his legal justification: Article 90 of the Constitution and Articles 46 and 19 of the European Convention on Human Rights…
The President of the Court of Cassation, Mr. Akarca, does not have a problem that the decisions of the ECtHR are not implemented. He did not say a word in this direction in his speech. But he even gave support, saying that there was no problem when countries such as Germany and France did not implement the ECHR decisions.
Let me point out right away, that which is regulated in Article 18 of the Convention “political arrest”is considered an extraordinary human rights violation, in case of continuing violations of this article, “procedure” is starting.
Whether it is the Court of Cassation, the Ministry of Justice, or Beştepe, countries such as Germany and France are exempt from Article 18. “breach” Let them show that they do and do not apply, I will criticize the ECHR with harsher words than they do.
HUMAN RIGHTS CONVENTION
President Erdogan in his speech “We have made agreements on fundamental rights and freedoms a part of our domestic law” he said, it was true. The most important of these is the European Convention on Human Rights. But Erdogan gave an example of the establishment of the Ombudsman and the Human Rights and Equality Institutions of Turkey…
How effective these institutions are, it is a separate issue… The most important treaty that has been made a part of domestic law in Turkey is the European Convention on Human Rights. I wish Erdogan had emphasized this. But such an emphasis would mean accepting that the decisions of the ECtHR are binding. I don’t know if that’s why he didn’t mention the Covenant.
Prime Minister Erdoğan himself, with his own signature, submitted to the ECtHR in 2013. “There are approximately 16.900 applications filed against our country” he complains, to the Code of Criminal Procedure in order to ensure that the ECtHR decisions are implemented more effectively in Turkey. “Renewal of Judgment” recommended that the judgment be made. (March 7, 2013)
That was indeed the Erdogan of the reform years.
Now the situation is much worse: Let’s hear from the President of the Constitutional Court, Zühtü Arslan:
“Approximately five to six thousand annual applications to the Spanish and German Constitutional Courts correspond to the number of applications made to our Court in a month. Moreover, more applications are made to the Constitutional Court than to the European Court of Human Rights (ECHR) from forty-seven countries.” (23 September 2021)
Today, 15 thousand 250 of the 70 thousand 150 applications at the ECHR are about Turkey; even though there is a AYM filter to the island!
And today’s Erdogan “ECHR decisions do not bind us” says.
LAW EDUCATION?
In the Judicial Reform Strategy Document of 2019, the President himself stated: Those who fell below the hundred thousandth place in the university entrance exams would not be able to enter law faculties…
Yekta Saraç, President of YÖK, made this a decision immediately.
However, in the 2022 exams, this threshold was lowered to 125 thousand!
TBB President Sağkan, “With the decision of Higher Education Council, the law faculty success ranking requirement, which was reduced to 125 thousand overnight without any justification, should be increased to 50 thousand immediately” states it should.
Interviews in judge prosecutor exams “U.S” These choices are among the most serious problems of justice in our country.
In addition to this sad painting, Prof. Written by Kemal Gözler “non-lawyer law school deans” Add your problem! In 2020, the deans of our 15 law faculties were not lawyers; chemist, theologian, businessman, etc. was. (https://www.anayasa.gen.tr/yok-hukuk.htm)
The state of the country is in the middle… The state of the judiciary is also in the middle…