problems of personal rights and professional security of judges and prosecutors
The judiciary is independent and impartial. The fundamental basis of the independence and impartiality of judges and prosecutors, who are members of the judiciary, is their personal rights and professional security. However, in our country, the independence and impartiality of the judiciary usually remain in words and even in written texts. There may be many reasons for this situation, especially the disorder of legal culture. Power struggle over the judiciary, political showdowns, holding power in one’s hands, getting somewhere or staying somewhere, getting rid of pressure, being out of sight and out of control, political power’s desire to intervene and direct, lack of professional solidarity are only a few of these reasons. The personal rights and professional security of judges and prosecutors should definitely be improved; 1- The lack of objective and concrete criteria in the appointment of judges and prosecutors and the disregard of the principle of “merit” is a major problem that must be corrected as soon as possible. 2- It is wrong for the CJP not to apply the Appointment Regulation issued by the CJP and to displace judges and prosecutors whose terms have not yet expired on the grounds of “necessity of service” (in fact, it would have been more appropriate to replace the concept of “service” with another expression, but I did not want to use it here), which is incomprehensible, unjustifiable and far from objective (whereas, in a geographical designation consisting of five regions, a judge or prosecutor should be able to stay at least seven years in the first region and at least five years in the second region). Whether it is called natural judge or legal judge security, judges and prosecutors should be guaranteed security of place, authority and file. 3- Regions are not equal within themselves. For example, it is wrong to consider Bodrum and Marmaris as the second region, Kars and Van as the second region, and İzmir and Ankara as the first region, Sivas and Elazığ as the first region. 4- The files should not be left under the influence by constantly changing the authorities through appointments, changes in authorities or laws. 5- Injustice in promotion calculations. In the promotion calculations, which are made every two years for the first five promotions and every three years for the sixth and subsequent promotions, it is required that at least eighty percent of the files are decided. The eighty percent calculation is the same for one year and the same for files covering a period of more than one year. In addition, the criteria for performance and promotion can also be achieved by issuing consolidation and separation decisions without going into the merits of the case. 6- The salaries of judges and prosecutors are indexed to the salaries of the highest civil servant and the salaries of judges and prosecutors are eroded over time by not increasing the salaries of the highest civil servant. However, the most important guarantee of the independence and impartiality of the judiciary is the financial means and guarantees to be provided to judges and prosecutors. In a situation where justice is considered the foundation of property and is a necessity like bread, water and air, the wages to be paid to the members of the judiciary acting in the name of justice should be at the highest level. A member of the judiciary should be able to fulfill his/her professional activities without thinking about the end of the month, so to speak, and without economic hardship, in other words, he/she should not have financial worries. This also ensures that everyone trusts the judiciary acting on behalf of the nation and believes in its impartiality. 7- Geographical guarantee must be introduced and judges and prosecutors must not be sent from one place to another with subjective or even unjustified decisions. In this context, we would like to state that the decisions of the HSK concerning geographical guarantee should be opened to judicial review. It is unexplainable that members of the judiciary, who protect the rights of the nation and individuals and resolve disputes, cannot exercise the freedom of the judiciary to seek their rights in matters that concern them. 8- The difficulties accepted in the collection of evidence with Law No. 6526 and the problems arising in the courts and judgeships regulated by Law No. 6545 should not be ignored and further deterioration of the judiciary and justice should be prevented. The piecemeal amendments to the law, which have turned into a jigsaw puzzle board and have become increasingly unsystematic instead of achieving a system, which have increased the professional reluctance and hopelessness of the members of the judiciary, should be abandoned, and the judiciary should be shaped according to the nation, material truth and justice, not according to political calculations and power. In a situation where your court – my court, your judge – my judge, your prosecutor – my prosecutor, an unacceptable understanding and fear that is completely contrary to judicial unity, judicial independence and impartiality dominate the society, it is clear that justice and social order cannot be mentioned. 9- In the election of the members of the CJP, it is urgently necessary to switch from the practice of block voting and the application of a sheet list to the procedure where each voter votes for one candidate. Otherwise, it will be inevitable that the increasing blocking will reach a dangerous level, politicization, expectations of those who side with the winning side and professional discomfort for those who side with the loser. It is also unlikely that this procedure, which serves to create divisions and resentments, can be eliminated between the elections held every four years. 10- The HCJP has asked “if anyone has a request, please come.