Draft code is government intervention: Turkey's Supreme Court of Appeals

ANKARA

Ali Alkan said the draft would “bypass” the court, adding that the regulations contradicted with the principles of sustainability and consistency, risking many serious mistakes.

The head of the Supreme Court of Appeals has criticized planned changes at the body, which introduce new departments and adjust the appointment system for judges and prosecutors, describing the plans as an “open government intervention” in the judiciary.

“We were not consulted about the new regulations,” Supreme Court of Appeals head Ali Alkan said on Nov. 24 in a written statement, claiming that the changes were “against the independence of the judiciary.”

“How long will this intervention continue?” he asked, also questioning what kind of top committee of the court could satisfy the government.

A draft sent to Parliament by the government suggests renewing the Supreme Court of Appeals’ Primary Presidency Board for an additional term along with the regular terms. It also foresees the founding of new departments, the appointment and dismissal of judges and prosecutors without the knowledge of the court, and the lifting of the opening ceremony of the judicial year. 

Alkan said the draft would “bypass” the court, adding that the regulations contradicted with the principles of sustainability and consistency, risking many serious mistakes.

Such interventions are “against the word and the soul of the Constitution,” he said.

The move, which would effectively lead to a 30 percent enlargement of the Court, also contradicted efforts to harmonize Turkey’s judicial system with European Union standards, Alkan claimed.