JUSTICE! : about the suspension decision of the jurists releasing 21 journalist by HCJP

 

Emın Çöllaşan

My dear readers, the concept of ‘the independence of the judiciary’ is the foundation stone for every democratic society.
In a country where the judges and prosecutors make a decision in cases they hear in a way giving preferential treatment or they are compelled to do so, it becomes impossible to talk about the independence of the judiciary or the justice as well.
The judges and prosecutors who are subjected to the strong pressure of the executives and also compelled to decide so as not to undermine the interests of the ruling government reach at last a deadlock.
There was a report yesterday concerning the judiciary on which nobody paid much attention. That’s to say it was not found strange!

*  *  *

The 25th İstanbul Assize Court decided to release 21 out of 29 journalists including the artist Atilla Taş at the end of a trial of FETO suspects.
Then, this decision was informed to the prison administration…
The suspects who became so happy upon the release decision started to release preparations.
However, only a little time before they released, a new surprise decision reached the prison administration.
The other court had decided to the continuation of their arrest!
All right, how could it that become possible?

*  *  *

The interesting and remarkable truth of the matter became appearant on the next day.
The Supreme Board of the Judiciary (HCJP) suspended the head and the other two members of the court (the panel of judges) ordering the release of the journalists and also the prosecutor requesting the release of them.
They would be investigated by the inspector judges.
Now as you see the justice’s become injured in this way.
The concept of the justice’s become got rid of in this way.
In Turkey, lots of similar events have been being experienced everyday, however, almost none leaks out the press or becomes known by the public.

*  *  *

Now, let’s assume that you become a judge or prosecutor. In a case you hear, make a decision that undermines the interests of the executives if you think you can do it!
Particularly in politic cases…
Examining the case file, you find that it is deprived of the specific facts or absolute evidences of legaly designated crimes.
There is no grounds to continue the security measure of arrest or impose a punishment.
Furthermore, there is no risk of the suspects to escape, destruct or alterate the evidences as well.

*  *  *

You are a man delivering justice.
If that’s so, then what will you do?
I have no idea about the mentioned file and its content.
The aforementioned suspects have been held under arrest for a long time. As much as I could follow from the media, I know this much.
An Assize Court consisting of experienced panel of judge decided to release the suspects.
I have also no idea whether the decision was right or wrong, conforming with the laws or not.
However, it is certain that there is a huge strangeness in the current situation.
The happenings touch with the concept of the justice and also the independence of the judiciary.
Furthermore, at the same night with a newly court decision, it was decided for the continuation of the arrest of the journalists.

*  *  *

The mechanism worked on with lightning speed..
After an other court decided to re-arrest the suspects, the HCJP took action and suspended the jurists releasing the journalists.
Now, I am asking to all:
Let’s assume you become a judge or prosecutor…
Under such a political pressure, could you possibly render a decision in accordance with the Constitution, laws and your personal conviction conforming with the law knowingly that it will undermine the interests of the executives?
In the event of making a such decision, thinking even if you are not suspended, at least you will be exiled, you are rigthfully afraid.
From now on, which hero judges and prosecutors can possibly make decisions running counter to the realities of Turkey particularly in high-profile cases?

*  *  *

In fact, the truth of the matter is that with the recent suspension decision, the HCJP has become given a message to the whole judiciary:
“Think over carefully the outcomes of your decisions like this!”
Well, from now on, which court is able to decide the release of particularly the journalists of the Cumhuriyet Daily and the others!
How can it be possible?
As of today, the columnists, executives and the carucaturist, Musa Kart, of Cumhuriyet Daily have been arrested for 157 days.
The release requests of them have been rejected each time.
What kind of an offense have our colleauges committed?
Theft, corruption, rape, having a link with FETO, the support to terror, attempting a coup!
None of them.
If that’s so, then?
It is easy to answer…
The ruling government does not want them to be released.
Can such a justice or independent judiciary be possible?

*  *  *

Since 15 July coup attempt, almost 4200 judges and prosecutors were dismissed from the profession over charges of having a link with FETO.
Hundreds of them have been jailed in several prisons, awaiting fo their trial in desperate straits.
All right, who has charged them with this duty?
Again this government!
At that time, they were ally with Fetullah, they were just like twins and also very close friends.

*  *  *

There has left a little time for the Constitutional amendment referendum…
I oftenly warn those thinking to vote YES.
In case that the referendum results with the majority of YES votes, the ruling government will completely take the judiciary in particular the Constitution Court under its control.
You may need a justice one day.
Think over carefully…

Related link: http://www.sozcu.com.tr/2017/yazarlar/emin-colasan/adalet-3-1775078/

My dear readers, the concept of ‘the independence of the judiciary’ is the foundation stone for every democratic society.
In a country where the judges and prosecutors make a decision in cases they hear in a way giving preferential treatment or they are compelled to do so, it becomes impossible to talk about the independence of the judiciary or the justice as well.
The judges and prosecutors who are subjected to the strong pressure of the executives and also compelled to decide so as not to undermine the interests of the ruling government reach at last a deadlock.
There was a report yesterday concerning the judiciary on which nobody paid much attention. That’s to say it was not found strange!

*  *  *

The 25th İstanbul Assize Court decided to release 21 out of 29 journalists including the artist Atilla Taş at the end of a trial of FETO suspects.
Then, this decision was informed to the prison administration…
The suspects who became so happy upon the release decision started to release preparations.
However, only a little time before they released, a new surprise decision reached the prison administration.
The other court had decided to the continuation of their arrest!
All right, how could it that become possible?

*  *  *

The interesting and remarkable truth of the matter became appearant on the next day.
The Supreme Board of the Judiciary (HCJP) suspended the head and the other two members of the court (the panel of judges) ordering the release of the journalists and also the prosecutor requesting the release of them.
They would be investigated by the inspector judges.
Now as you see the justice’s become injured in this way.
The concept of the justice’s become got rid of in this way.
In Turkey, lots of similar events have been being experienced everyday, however, almost none leaks out the press or becomes known by the public.

*  *  *

Now, let’s assume that you become a judge or prosecutor. In a case you hear, make a decision that undermines the interests of the executives if you think you can do it!
Particularly in politic cases…
Examining the case file, you find that it is deprived of the specific facts or absolute evidences of legaly designated crimes.
There is no grounds to continue the security measure of arrest or impose a punishment.
Furthermore, there is no risk of the suspects to escape, destruct or alterate the evidences as well.

*  *  *

You are a man delivering justice.
If that’s so, then what will you do?
I have no idea about the mentioned file and its content.
The aforementioned suspects have been held under arrest for a long time. As much as I could follow from the media, I know this much.
An Assize Court consisting of experienced panel of judge decided to release the suspects.
I have also no idea whether the decision was right or wrong, conforming with the laws or not.
However, it is certain that there is a huge strangeness in the current situation.
The happenings touch with the concept of the justice and also the independence of the judiciary.
Furthermore, at the same night with a newly court decision, it was decided for the continuation of the arrest of the journalists.

*  *  *

The mechanism worked on with lightning speed..
After an other court decided to re-arrest the suspects, the HCJP took action and suspended the jurists releasing the journalists.
Now, I am asking to all:
Let’s assume you become a judge or prosecutor…
Under such a political pressure, could you possibly render a decision in accordance with the Constitution, laws and your personal conviction conforming with the law knowingly that it will undermine the interests of the executives?
In the event of making a such decision, thinking even if you are not suspended, at least you will be exiled, you are rigthfully afraid.
From now on, which hero judges and prosecutors can possibly make decisions running counter to the realities of Turkey particularly in high-profile cases?

*  *  *

In fact, the truth of the matter is that with the recent suspension decision, the HCJP has become given a message to the whole judiciary:
“Think over carefully the outcomes of your decisions like this!”
Well, from now on, which court is able to decide the release of particularly the journalists of the Cumhuriyet Daily and the others!
How can it be possible?
As of today, the columnists, executives and the carucaturist, Musa Kart, of Cumhuriyet Daily have been arrested for 157 days.
The release requests of them have been rejected each time.
What kind of an offense have our colleauges committed?
Theft, corruption, rape, having a link with FETO, the support to terror, attempting a coup!
None of them.
If that’s so, then?
It is easy to answer…
The ruling government does not want them to be released.
Can such a justice or independent judiciary be possible?

*  *  *

Since 15 July coup attempt, almost 4200 judges and prosecutors were dismissed from the profession over charges of having a link with FETO.
Hundreds of them have been jailed in several prisons, awaiting fo their trial in desperate straits.
All right, who has charged them with this duty?
Again this government!
At that time, they were ally with Fetullah, they were just like twins and also very close friends.

*  *  *

There has left a little time for the Constitutional amendment referendum…
I oftenly warn those thinking to vote YES.
In case that the referendum results with the majority of YES votes, the ruling government will completely take the judiciary in particular the Constitution Court under its control.
You may need a justice one day.
Think over carefully…

 

Related link: http://www.sozcu.com.tr/2017/yazarlar/emin-colasan/adalet-3-1775078/