Much-Criticized Judicial Package Clears Subcommission

A judicial package that has been heavily criticized by the opposition for granting extraordinary powers to the police and judges was passed by a subcommission of the parliamentary Justice Commission.

The 35-article package, which is known among the public as the “third judicial package” was submitted to the parliamentary Justice Commission on Wednesday, which will discuss and decide on its latest form before sending it to the General Assembly.

If the proposed legislation is enacted, dissidents may face long-term prison sentences without the right to defend themselves properly, as their lawyers will be barred from accessing the relevant investigation files. Many critical media outlets and businesspeople might be threatened with arbitrary confiscation rulings issued by powerful judges assigned by the government. The package envisages that a search warrant will be issued in situations when there is “reasonable evidence,” while in the previous form of the Code on Criminal Procedure (CMK), “concrete evidence” was required to initiate an investigation. Thus, it will be possible to search the body, house, workplace and other items belonging to a suspect.

Another amendment to the package is that the scope of the seizure of a suspect's property has been expanded by adding “coup attempt against the constitutional order” as a legitimate justification for seizures of property.

The package, which will give a salary rise of TL 1,155 to judges and prosecutors, transfers the authority to appoint magistrates and prosecutors from the Supreme Court of Appeals to the Supreme Board of Judges and Prosecutors (HSYK).

Upon objections from members of opposition parties in the commission, the draft omitted all terms that authorize “judges of peace” to initiate investigations.

In a press conference on Friday, Economy Minister Nihat Zeybekçi was asked about his opinions on business executives' concerns over the terms of the judicial package. Zeybekçi responded by saying such concerns have arisen due to speculation raised about the judicial package. “Turkey has a strong democracy … [and] is subject to the legal norms of the European Union. [Voicing] such concerns is nothing but speculation,” he stated.

Republican People's Party (CHP) parliamentary group deputy chairman Akif Hamzaçebi said in a press statement on Oct. 17 that if that the 35-article law package is approved by the Parliament, his party would appeal to the Constitutional Court for its annulment. "Even though the government pretends that it is targeting the [faith-based] Hizmet movement with the proposal, every citizen in Turkey is under threat. According to the draft, anyone could be considered a suspect by the security forces and be subject to a search. Society's right to oppose government-led policies should be secured. Those who oppose [President Recep Tayyip] Erdoğan and [Prime Minister Ahmet] Davutoğlu are portrayed as ‘usual suspects'."

(Cihan/Today's Zaman)