"Is It A Crime For A Member Of The Judiciary To Be Close To The Government?"

President Recep Tayyip Erdoğan and his former Justice and Development Party (AK Party) are paying considerable attention to the upcoming election of the country's top judicial body and the office of the chief prosecutor in İstanbul is allegedly lobbying for the election of those loyal to the Supreme Board of Judges and Prosecutors (HSYK).

On Sunday, a meeting to introduce the candidates to the judges and prosecutors in the HSYK was held in Ankara by the Unity in Judiciary (YBP) Platform, which is considered to be close to the government. According to a report in the daily Taraf, the İstanbul Prosecutor's Office hired private buses to take scores of judges and prosecutors to Ankara from the housing compounds reserved for the judiciary in İstanbul's Ataköy and Başakşehir districts.

Prior to the bus transfer of the judges and prosecutors from İstanbul to Ankara, a text message was sent to the members of the İstanbul Courthouse notifying about the free trip to the meeting of the Unity in Judiciary Platform (YBP). This message then appeared on social media: “All judges and prosecutors are invited to the YBP meeting in Ankara on Aug. 31, 2014. Buses will be available on Sunday night 1 am in Ataköy and Başakşehir.”

The YBP meeting took place in Ankara and Undersecretary of the Ministry of Justice Kenan İpek, Ankara and İstanbul Chief Public prosecutors Fethi Şimşek and Hadi Salihoğlu, respectively, also attended the introduction of the candidates to the HSYK. The election is to be held on Oct. 12. The election is important to the government that has been trying to tailor the judiciary in accordance with its wishes since the Dec. 17 corruption probe. Salihoğlu was appointed to his post after the corruption probe was revealed in December.

Approximately 13,500 judges and prosecutors will vote to elect 10 members of the HSYK which has a total of 22 members. The YBP has been accused of taking advantage of state resources. The financial source of the bus trips to Ankara has been a subject of suspicion, as YBP meetings are generally supported by high level government bureaucrats.

A member of the YBP and Deputy Undersecretary of the Ministry of Justice Basri Bağcı openly reacted by asking, “Is it a crime [for a member of the judiciary] to be close to the government?”

Revealing the significance of the HSYK election, Erdoğan said on Aug. 27, during the Justice and Development Party (AK Party) congress that “restructuring the judiciary is of critical importance.” Labeling the judiciary as “hashashins,” 11th century assassins rumored to have murdered while under the influence of hashish, Erdoğan added, “The judiciary cannot be left in the hands of a bunch of Hashashins.”

In February, the AK Party government passed a law restructuring the HSYK. The law drew harsh criticism from the opposition parties and the international community as it gave the government greater control over the judiciary. With the law the secretary-general and his aides, the head of the committee of inspectors and his aides and all the inspectors and administrative staff working for the HSYK were removed from their jobs. New individuals were appointed to their positions by the justice minister.

Critics say the law represents a major step back from a government-backed constitutional referendum in 2010 that brought a more democratic and pluralistic structure to the HSYK. In April, the Constitutional Court partially annulled the law.

The last election in the HSYK was held in 2010 following a constitutional referendum. The list of candidates to make up the new members to the HSYK will be announced on Sept. 29. HSYK members are allowed to serve on the board for four years. The board's general council has 22 members. The head of the board is the justice minister. The undersecretary of the justice minister is one of the primary members of the council.

In the HSYK election, judges and prosecutors will vote to elect 10 primary and five alternate members. The president will then select four more primary members from among academics and lawyers to the HSYK, while the Justice Academy will select one primary and one alternate member from among its members. Five primary and five alternate members of the HSYK will be elected from the Supreme Court of Appeals and the Council of State.

The Judges and Prosecutors Association (YARSAV) has already made its HSYK member candidates public. The association's president, Murat Arslan, publicly announced last week that the government -- through mediators -- had proposed that the association cooperate on the approaching HSYK elections by nominating joint candidates, but that the association had rejected this proposal. “We are against the idea of placing the judiciary under the control of the government and the prime minister. Thus, we rejected the proposal,” Arslan stated.

The YBP was established by bureaucrats from the Ministry of Justice and pro-government judges and prosecutors in April to promote their candidates for HSYK membership.

The platform has been criticized by many judges and prosecutors on the grounds that it will not act independently if it is sponsored by the Ministry of Justice. According to critical judges and prosecutors, the YBP will fail to guarantee the independence of members of the judiciary.

The European Association of Judges announced last week that it is planning to send observers to Turkey for the HSYK election. The association's plan is linked to its concerns about possible government interference in the elections. In a declaration, the association said the executive of the European Association of Judges should not interfere in the HSYK election.(Cihan/Today's Zaman)

SHOTLIST
TURKEY, ANKARA, 31 AUG 2014

VAR of the exterior of the building where event held
VAR of the banner on the building about the platform meeting
Arrival of the guests
Arrival of Deputy Undersecretary of the Ministry of Justice Basri Bağcı

DURATION: 04:11