Enemy of justice: Erdogan violates the judiciary, placing Turkey on European blacklist

Ahmed Samy Abdel Fattah

Commissioner Dunja Mijatovic, a member of the European Commission for Human Rights, said that the independence of the judiciary in Turkey has been seriously eroded after the Turkish government imposed a state of emergency following the failed coup attempt in July 2016, and warned that the independence of the judiciary in Turkey is among the worst in European Union candidate countries. Europeans have always had the right to a fair trial before the European Parliament, but this is not available in Turkey.

Blacklist

In a related development, the report said that the Commission sees increasing and disturbing attempts by the executive and legislative authorities to use their influence over the judiciary and undermine its independence. The Commission also used the recent constitutional amendments that contributed to the transformation of the system from the parliamentary to the presidential, which brought the judiciary under the control of the executive. The report also put Turkey among countries like Hungary, Poland and Romania, where far right parties seek to reduce the independence of the judiciaries.

It is noteworthy that the European Union has taken several disciplinary measures against both Poland and Hungary for violating the basic values ​​of the European Union, while Romania was threatened with similar measures.

In the same context, the report mentioned a number of criticisms against both the judiciaries in Serbia and Italy, which the far right tries to impose its power over as well.

“They must be stronger, more assertive and more outspoken in upholding the rule of law and the independence of the judiciary,” the European report said.

Turkish justice: violated judiciary and fake democracy

For his part, the Turkish minister of justice commented on the report, saying, “Turkey is now holding the coup to account, and no one after today can destroy democracy and the national will or harm the lives of martyrs.” He also stressed that the human rights situation in his country will improve and progress. In the end, the Turkish minister concluded his speech to the local press, saying that people associated with the failed coup attempt were tried according to the law for trying to destroy the Turkish constitution.

It is noteworthy that the Council of Europe is a separate entity from the European Union and deals primarily with human rights and the rule of law. It includes almost all European countries.

Some analysts believe that the regime in Turkey has taken the failed coup as a justification for restricting the judiciary and submitting it to the executive, claiming that the Gulen movement infiltrated the judiciary. In other words, after July 2016, the ruling regime questioned the independence of the judiciary and its ability to provide a fair trial for Gulen members. Therefore, the ruling party, in cooperation with the National Movement Party (MHP), submitted constitutional amendments aimed at transforming the parliamentary system into a presidential system, as well as extending the powers of the president in order to subdue the judiciary.

Fabricated coup

Others question the Turkish regime’s account of the failed coup attempt, and believe that the regime in Turkey orchestrated this attempt to find justification for tightening its control over the state’s joints and to exclude and arrest opponents from political life.

Mohammed Hamed, a specialist in Turkish affairs, said that Turkey’s human rights record is among the worst in the world, where the state controls all aspects of life, including the judiciary, which makes the prosecution of terrorism suspects lack any fair trial.

Hamed added that the European Union must take disciplinary measures against Turkey in order to prevent it from arresting journalists and excluding dissenting opinion.

He concluded by stressing that Turkey will not see an improvement in its human rights record as long as the Justice and Development Party (AKP) is in power.