Bingöl Bar Association President: Deciding on government orders is a constitutional crime

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  • 13:13 24 March 2020
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BİNGÖL – Bingöl Bar Association President Hanifi Budancamanak, who stated that some illegal actions were carried out in the judiciary said: "It is a constitutional crime to make a decision or to establish an unfair action in line with the demand and instructions of the government."

Bingöl Bar Association President Hanifi Budancamanak stated that judiciary independence have always been problematic in Turkey, but it has increased in recent years.  Budancamanak, who stated that the government is gaving declarative statements against certain decisions that go beyond criticism of the judiciary, said: "In this way, they are putting very serious pressure on the judiciary and opening investigations about courts that do not think like him, or  assign them to more passive positions in lower courts. In other words, judges are suppressed to decide independently, objectively and in accordance with the law while making decisions. Such rhetoric of the government is obviously an obstacle regarding the independence of the courts. The fact that the Council of Judges and Prosecutors (HSK) immediately opened a disciplinary investigation against the judges who decided in this way is another aspect of this issue."
Budancamanak who reminded that the people who have been released or were acquitted by the investigations in the upper courts, like the Osman Kavala case, are being arrested again before they could walk out of the prison, said: "Chief prosecutor of the Court of Appeals also admitted that. He said the trust for the judicial system has been seriously damaged. Anyway, ask anyone on the street and they will tell you that the judiciary is not deciding independently, with a free will and according to the law."
Budancamanak, stating that all governments want the judiciary under their control, said that the judiciary is independent in the countries upholding the law, complying with the principle of the rule of law. Emphasizing that the judiciary is a control mechanism, Budancamanak stated that the justice system is supposed to protect the citizens from the state. Budancamanak who stated that if the judiciary is controlled by the government, it can no longer fulfill this task, said: "Thus, there is nothing left that can protect us from the state. Recently, under the influence and force of the government, openly illegal decisions have been made. In our opinion, the judges who made these decisions commit a constitutional crime. In other words, it is a constitutional crime to make a decision in line with the demand and instructions of the government. The judiciary is independent. No one can instruct judges or make any suggestions. Even if there are suggestions, judges should not take action and make decisions according to these suggestions."

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