ALL,  Turkey

Open Letter by a Turkish Judge to European Colleagues

letter written by a Turkish judge

The situation in our country is getting worse every day. In a sense this article; The call of S.O.S from the setting sun of law … a shout for help. Maybe a desperate crying !

***
My dear Colleagues;

I have worked twenty years as a judge. Throughout my life, I have defended “pluralist democracy”, “state of law” and “human rights”. I will continue to defend. I have opposed all sorts of “terror” and “violence”. I’ve always been away from everyday politics. I have not compromised on these principles. Like many of my colleagues, now I am paying a heavy price of this…

After 15th of July; I was first suspended, then I was dismissed from my job without being taken my defense. Custody and arrest decision was issued about me like manyothers. Imposed a cautionary judgement on all my assets. I was removed from the dwelling house where I sat. My credit cards have been canceled. I was being put in a situation where i can not withdraw the money in the bank and unable to make a living for my family. I am stigmatized as “terrorist” and “putschist” without any evidence and against the presumption of innocence. The indictment has not yet been made about me. Maybe there is a lot to say. I explain these in terms of giving an example. I want you to know that i have no personal expectations. On behalf of thousands of colleagues who are in the same situation, I am telling these hoping that somebody will speak up for us …

***
In our country, nearly 4,300 members of the judiciary were dismissed from their professions. The vast majority of them are still arrestees. 2 members of the Constitutional Court and hundreds of Supreme Court and members of the Council of State have been detained for 10 months. In single cells, they are kept under heavy seclusion conditions. Those with severe health problems even cancer patients, are not released or can not be released

The judges who ruled on release decisions about journalists are being suspended on the same day. The members of the judiciary who sign the decisions that unpleasant to the executive are always threatened with arrest and dismissal.

***

There are many more negative examples can be given where things came from the point of law. It is no longer possible to talk about judicial independence in our country. This situation is reflected in many reports of EU official organizations. There are no platform left for the victims to be heard their voice due to the silenced media anf the arrested journalists and writers. The situation gets worse every passing day. The sun of
law is about to set.

In the face of these realities, has it not been time for you to take a proactive effort now?

***

Western civilization paid a lot of price to reach the current civilization level. Suffered a lot. You can understand us best!

While there are thousands of “Dreyfus” cases in our country, an Emile ZOLA who screamed for justice did not come out!

Professor Günther Jakops’s “Criminal Law of the Enemy (The Feindstrafrecht) Theory” is passed on to practice in our country with the applications that exceed Hitler’s Germany. Everyone’s voice is cut off, no one can make a sound. “Crimes against humanity” continue to be processed every day …

I think you have a conscience that does not say “it’s your problem”. I write in the hope that voices will be given to our voices …
The “ghost of lawlessness” circulating in Europe before World War II is circulating today in our country. It’s hard to predict what will happen tomorrow. If it does not hinder, “fire of lawlessness” is preparing to burn the whole world again … The danger is great!

If there will be no one to speak up for us, tomorrow this fire of lawlessness will take up everywhere. This fact has to be seen.

My only concern is “law/justice”, not politics. I believe that those who will put out the lawlessness fire again will be jurists…

The call for help is not a play for sympathy or for a personal request. The aim is to make aware of the danger and make efforts to ensure “enforcement of international law” before it is too late.

There are thousands of applications waiting in front of the ECHR. It is not put on the courts agenda. We want applications to be discussed as soon as possible. We want to be made an effort to ensure that the “law” is implemented as soon as possible.

I don’t know if it’s to much to ask ?

***

Won’t you want to answer the wailing of your desperate colleagues in a country where law is about to collapse?

Won’t not you like to contribute to the reestablishment of the law?

Won’t you want to keep our hope?

I took your time. Best regards.

A colleague of yours
(who can not write his/her name with security concerns)

Source: @jhhturkey
http://justiceheldhostage.blogspot.com/2017/05/open-letter-to-my-european-colleagues.html?spref=tw

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