Council of Europe concerned over government’s ‘hasty’ judicial bill


Date posted: January 17, 2014

EUROPE

The Council of Europe’s commissioner for human rights has expressed serious concerns over a “hasty” judicial bill under which the government plans to change the structure of the Supreme Council of Judges and Prosecutors (HSYK).

“I am seriously concerned by the speed which these proposals are making their way to the Parliament. Anything that is affecting the impartiality and self-governance of the judiciary should be done in a very careful and measured way, [with consultations] not only domestically but internationally,” Nils Muiznieks said in an interview.

“The Council of Europe (CoE), my office and the Venice Commission have been very engaged. So we feel we have strong stake for what happens there. The substance of some of these proposals seems to be a large step backward,” the Latvian diplomat said.

The government had suggested that the HSYK be restructured so that it more closely resemble the Radio and Television Supreme Council (RTÜK), meaning the parties in Parliament would be given seats on the HSYK in proportion with their numbers in Parliament.

‘Leave it to judiciary’

“It is shifting powers from the general assembly of the HSYK to the minister of justice,” he said, noting that the CoE believes that issues under discussion such as disciplinary powers, the power to set the timetable, the composition of different sections of the body and the organization of its work were best left to the judiciary itself.

“There are clear standards by the Venice Commission on this. We think that this would not only affect the independence and impartiality of the judiciary but basically undermine confidence in it,” he said, adding that this was the core of amendments in 2010.

“This was approved in a referendum. To revisit this in a very hasty manner after that long process of consultation and democratization that took place at that referendum raises a lot of questions on why this is being done so quickly and what the aim of it is,” Muiznieks said.

Muiznieks refused to comment on the influence of Islamic scholar Fethullah Gülen’s movement in the judiciary. “It is not really my role try to identify different groupings of individuals within the judiciary. What I am concerned about is that you went through a process of reforming the judiciary in consultation with my office, the Venice Commission and others. All of the work that has been done in recent years is now threatened … in a very quick and unclear process,” he said.

“If there is criminal behavior going on in the judiciary or anywhere else, of course that should be subject to criminal proceedings. But we were satisfied in large terms with the way the judiciary was being reformed with the constitutional amendments; we were also very pleased about the role of the HSYK in terms of complying with the European Court of Human Rights (ECHR) judgments as being importance performance criteria. The HSYK provides guidance to the judiciary on this because this was a major step forward in bringing the Turkish judiciary more in line with CoE standards. We were very pleased with that and we see these achievements are at risk. This is very concerning to us,” he said.
The commissioner also underlined the independence and impartiality of judiciary. “The independence and impartiality of judiciary are pillars of any democratic society. It is clear that if implemented, this would undermine the public trust in the judiciary,” he said.

According to Muiznieks, Turkey is sending mixed signals, starting with its response to the Gezi Park or June resistance and now proceeding with corruption allegations. “Turkey has been sending contradictory signals for a good time now. During my visit to Turkey following the Gezi events, we were expressing serious concerns over police violence in demonstrations. On one hand, you have democratization packages with very progressive elements being proposed, on the other hand, you have proposals that, if implemented, will seriously undermine the progress that was made for the independence of the judiciary. So, the picture is a mixed and contradictory one. We would like to see a more consistent and human rights-oriented image projected,” he said.

Source: Hurriyet Daily , January 17, 2014


Related News

Turkey investigating 4,167 Gülen followers in 110 countries

At least 4,167 people in 110 countries are being investigated in Turkey over their links to the Gülen movement, the state-run Anadolu news agency reported on Thursday.

Fethullah Gulen and his Ideals

Fethullah Gulen is an authoritative mainstream Turkish Muslim scholar, thinker, author, poet, opinion leader and educational activist who supports interfaith and intercultural dialogue, science, democracy and spirituality and opposes violence and turning religion into a political ideology. Fethullah Gülen promotes cooperation of civilizations toward a peaceful world, as opposed to a clash: “Be so tolerant […]

Today’s Zaman’s Mahir Zeynalov leaves Turkey under deportation threat

Zeynalov has been put on a list of foreign individuals who are barred from entering Turkey under Law No. 5683, because of “posting tweets against high-level state officials,” Today’s Zaman learned

Toward a security state

Hizmet movement resembles Western civil society groups and organizations in terms of creating public discussion platforms and performing education and unity-related activities. In addition, what makes the movement more important is that it does not depend on the state in order to survive and sustain its effectiveness.

Watson: My expressions were twisted by Sabah Daily

British Member of the European Parliament (MEP) and leader of the Alliance of Liberals and Democrats for Europe Party Watson said he was disappointed by an interview published in the Sabah daily as the meanings of his expressions were misconstrued.

James Baker’s remarks about Fethullah Gulen and Gulen Movement

Honorary James Baker said: Problems of the world would be easy to address if, on the global level, we develop ways of sharing respect for each other’s religious perspectives. It is in this manner, the Gülen Institute and those who promote shared vision of interfaith dialogue provide truly invaluable leadership.

Latest News

Fethullah Gulen – man of education, peace and dialogue – passes away

Fethullah Gülen’s Condolence Message for South African Human Rights Defender Archbishop Desmond Tutu

Hizmet Movement Declares Core Values with Unified Voice

Ankara systematically tortures supporters of Gülen movement, Kurds, Turkey Tribunal rapporteurs say

Erdogan possessed by Pharaoh, Herod, Hitler spirits?

Devious Use of International Organizations to Persecute Dissidents Abroad: The Erdogan Case

A “Controlled Coup”: Erdogan’s Contribution to the Autocrats’ Playbook

Why is Turkey’s Erdogan persecuting the Gulen movement?

Purge-victim man sent back to prison over Gulen links despite stage 4 cancer diagnosis

In Case You Missed It

Turkey Coup Attempt: Who is Fethullah Gülen, The Cleric Being Accused Of Orchestrating The Turmoil?

Three Turkish diplomats seeking asylum in Germany after coup

Conference on Hizmet Movement to be held in Taipei

Gülen resorts to UN to investigate Turkey’s coup

Fethullah Gülen urges Muslims to exercise restraint over anti-Muslim movie

Only educational efforts of groups such as Hizmet can eradicate extremism

Lawyer put behind bars along with 3-month-old baby

Copyright 2025 Hizmet News