Supreme Court of Appeals President Ali Alkan has said judicial independence is a symbol of their dignity and that any kind of interference in the decision-making processes of the judiciary is unacceptable.
Alkan’s remarks came on Monday during a ceremony held at the JW Marriott Hotel in Ankara to mark the beginning of the new judicial year.
“Judicial independence is defended at all times free of personal benefits. Interference in the decision-making processes of the judiciary is unacceptable,” said Alkan.
The ceremony was attended by Parliament Speaker Cemil Çiçek, Prime Minister Recep Tayyip Erdoğan, Republican People’s Party (CHP) leader Kemal Kılıçdaroğlu, Chief of General Staff Gen. Necdet Özel, several Cabinet members and members of the supreme judiciary. Özel became the first army chief in years to attend the ceremony to mark the opening of the judicial year. Özel’s participation in the ceremony has been interpreted as a sign of the importance the Turkish Armed Forces (TSK) place in the judiciary.
In his speech, Alkan noted that one of the fundamental principles of the state of law is the impartiality of the judiciary; thus, judges should avoid involvement in daily politics and debates and act impartially.
“Assurances given to the judiciary show the weight of the responsibilities on its shoulders. Members of the judiciary have to have very high ethical standards in their private and professional lives. Our judges and prosecutors should keep in mind that the respectability of our profession is first protected and strengthened by those who represent it,” Alkan added.
He also criticized some politicians for their attacks on the judiciary and said representatives of the nation should pay the utmost respect to the judiciary.
Alkan further stated that the silence of members of the judiciary in the wake of statements of some politicians that he said include insult and slander is out of concern to protect the respectability of the judiciary.
“The judiciary is not a domain over which a political discourse can be developed or over which one can resort to populism,” he said.
Some media outlets also received criticism from the top court head for their efforts to influence the course of ongoing cases.
“Whether knowingly or otherwise, the media, which have become a social power, pose the risk of influencing the course of an ongoing trial. Sometimes the media act like the judiciary and convict people irrespective of the presumption of innocence. So, the media should give objective and accurate information on the issues that have been referred to the judiciary. They should avoid manipulating public opinion or convicting people in print in ongoing cases or investigations,” Alkan said.
In his speech, Alkan also dwelled on the need to replace Turkey’s current Constitution, written in 1982, with a new one as it no longer meets the needs of society.
“One of the priorities of Turkey today is the preparation of a new constitution,” he said, adding that the Supreme Court of Appeals also expects Parliament to come up with a new constitution that relies on the supremacy of law and social consensus and is loyal to democratic values.
President Abdullah Gül released a message on the occasion of the beginning of the new judicial year on Monday in which he said that serving justice without delay would increase confidence in the state.
He also requested the judiciary to pay utmost care and attention to ongoing major cases in order to not let the public develop feelings of mistrust about the judiciary.
Gül was referring to cases such as Ergenekon and Sledgehammer as part of which dozens of active and retired military officers, academics and journalists face coup charges.
