One of Turkey’s former Deputies to Prime Minister, Ali Babacan, claims to have the solutions to Turkey’s political woes, abbreviating the name of his newly founded Democracy and Progress Party, as DEVA, which means “remedy”. Announcing the party’s launch on 11 March, Babacan pledged a literal and figurative remedy to human rights violations and restrictions on freedom of speech, as well as a restraint on executive power. Babacan has taken steps in the right direction: all these issues have prevented Turkey from fully functioning as a democracy and developing its economy. However, Babacan and his DEVA party need to go further and demonstrate to the Turkish people a clear and analytical comprehension of the many problems and their root causes. This is the only way that DEVA can offer a remedy that can truly heal our country.
For any remedy to be effective, it must be concrete, targeting the root causes rather than the symptoms. While DEVA Party’s leadership appears to understand the public’s desire for justice, it has yet to fully understand how justice can be served. Strengthening the rule of law requires an independent judiciary; the last 50 years have shown that the judiciary cannot be made independent without first reforming it. By recognizing this and addressing the efficiency as well as accountability of the judiciary, DEVA would become able to moderate the executive’s power through the rule of law, ensuring the protection and improvement of basic human rights such as freedom of speech.
As a seasoned lawyer, with 40 years of experience practicing in Turkey, I have identified the key shortcomings of our judiciary. I believe that the actions listed below are crucial to making the judiciary fit to uphold the rule of law.
As an alternative, I propose the creation of a new judicial body: the Supreme Authority of Justice, representing all segments of society, and independent of any party or group. Its decisions would be subject to judicial challenge before a Supreme Court of Justice, and therefore accountable. To uphold the independent functioning of this organization, the policy-making chamber and its operations should be separated, allowing no political influence over its functionality. Only then should professional organizations be made to separate the judges, prosecutors, and lawyers, all of which will be accountable to this organization. All decisions should be open to judicial review to guarantee its full and proper accountability. Such a structure would create an efficient judiciary, worthy of the public’s trust.
The launch of DEVA certainly offers the Turkish people some new ideas; however, in a climate of mistrust and growing fatalism, Ali Babacan must show the people that he really understands the key issues that lie at the heart of our country’s ills and has solutions which will truly remedy these problems. As a lawyer, it is clear to me that by making these few but fundamental changes to our country’s legal system, we will be well on our way to ensuring that democracy and the rule of law can be upheld, and all Turks can prosper.
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