A new judiciary reform bill the government plans to pass introduces radical changes to the Turkish judiciary, including reorganizing the scope of jurisdiction of military courts.

Copy of bill given to Olli Rehn - 10 / 05 / 2008 10:23

A new judiciary reform bill the government plans to pass introduces radical changes to the Turkish judiciary, including reorganizing the scope of jurisdiction of military courts.

The package consists of measures to reinforce judicial independence and impartiality, boost confidence in the judiciary, ease access to judicial remedies and ensure further harmonization with EU legislation.

It would reorganize the Supreme Board of Prosecutors and Judges (HSYK) so as to represent the entire judiciary, in addition to introducing an effective system to review HSYK decisions.

It would also involve a considerable overhaul of military judicial organizations.

Mehmet Ali Sahin, the justice minister, has also shared a copy of the bill's draft with European Commissioner for Enlargement Olli Rehn.

The judicial reform, developed taking into consideration the Ninth Development Plan and Turkey's EU bid, aims to introduce reforms between 2008 and 2013.

While the reform is still in the offing, it is to be discussed during a meeting to be held in Antalya May 20-24 with the participation of the justice minister, members of the HSYK, Turkey's chief prosecutors and the heads of justice commissions.

It will then be sent to relevant institutions to obtain their feedback, which will be considered in revising the reform before its foreseen 2008 implementation.

The draft text suggests that the process of selecting HSYK members does not properly adhere to the principle of democratic legitimacy and that Parliament should be involved in the election of its members.

"Currently, the board's composition gives the impression that judges and prosecutors are under the influence of high courts," it notes.

Changes to the HSYK

The reform aims to create an effective system to review HSYK decisions. Its mode of operation and decisions may be made public, with emphasis on the protection of personal data. Its secretariat and auditing system will be reorganized.

The draft text maintains the HSYK is audited by the Inspection Board subordinate to the justice minister and that this is unacceptable in a contemporary legal system.

The auditing system will be restructured so as to allow for impartiality.

The system of promotion for judges and prosecutors will be changed after the board is reorganized and appellate courts begin to operate.

Some performance criteria will be introduced to the promotion system.

Military court reform

The bill redefines the areas of jurisdiction and duties currently assigned to military courts according to the requirements of the rule of law and democracy.

If the bill passes, the military courts will be set up outside the borders of military zones to ensure that the right to a fair trial and the right to defense are upheld.

In addition to restructuring of the military courts, the bill introducing establishing a Union of Judges and Prosecutors an effort to recognize the right of judges and prosecutors to organize.

The bill also introduces training for judicial professionals on the concept of judicial independence.

Also, with passage of the bill, disciplinary provisions applicable to members of the judiciary will be revised based on criteria that are more objective.

The provisions relating to members of the Supreme Court of Appeals and Council of State will be clearly defined and delineated. New ones will be introduced for members of the Constitutional Court. Appellate courts will begin to operate in January 2010.

Work toward the establishment of these courts for administrative law will be accelerated.

The number of cases heard by the Supreme Court of Appeals and Council of State sitting as a court of first instance will be minimized.

The office of the investigating judge will be reviewed. A system that will allow at least one member of the high courts to read and examine the case file will be established after the appellate courts start to operate and the workload of supreme courts is minimized.

The bill also includes measures to improve the technology and equipment used in the Department of Forensic Medicine, to make it more adept at solving crimes.

In addition to the changes, judicial advisers will be employed in Brussels and Strasbourg to facilitate legal relations between Turkey and the EU.

The National Judicial Network Project (UYAP) will be completed and effectively implemented. The administrative duties of judges and prosecutors will be minimized.

Today's Zaman