The Justice Ministry overstepped its bounds Wednesday when it withdrew the summer list of controversial reassignments for judges and prosecutors, members of the country’s top judicial board said Thursday.
The draft list can only be withdrawn with the approval of all members of the Supreme Board of Prosecutors and Judges, or HSYK, the board’s deputy chairman, Kadir Özbek, said Thursday ahead of an HSYK meeting.
The ministry’s withdrawal of part of the list, which was announced Monday after negotiations that started July 6, has kept dozens of prosecutors and judges from receiving new appointments. The HSYK had also said late Wednesday that the ministry had no right to withdraw a list that had already been discussed.
Four members of the board convened Thursday without the justice minister and undersecretary, who also withdrew from the HSYK’s regular summer negotiations Wednesday. The board cannot make decisions in their absence.
Özbek said there could be some legal consequences to the absence of the justice minister and undersecretary, implying the HSYK is likely to file a criminal complaint against them if they insist on not attending the meeting.
Professor Metin Feyzioğlu from Ankara University’s Law Faculty said it was not possible for the ministry to withdraw the list as it was not a parliamentary motion.
“Even if a motion comes to Parliament’s General Assembly and the person who submitted it to Parliament wants to withdraw it, it can’t be done if the commission discussing the motion decides to discuss the motion,” Feyzioğlu told the Hürriyet Daily News & Economic Review.
The Justice Ministry argues that the list could be withdrawn because it had not been signed. Prime Minister Recep Tayyip Erdoğan has described the HSYK’s move as ideological.
Additional list locks debates
The latest crisis in Turkey’s judiciary started Wednesday when the four HSYK members who come from judicial institutions in the country came up with a list of reassignments in addition to the list prepared by the justice minister and undersecretary, the two other members of the board.
The four members reportedly suggested changing the positions of judges and prosecutors who are dealing with controversial cases such as Ergenekon and “Balyoz” (Sledgehammer), both of which are investigating alleged attempts by prominent members of society and military officers to overthrow the government.
The way these cases have been handled has created uproar among society as many say well-known personalities, including journalists, rectors and professors, have been detained without strong evidence.
The board also reportedly demanded the replacement of Diyarbakır Chief Public Prosecutor Durdu Kavak, who sent judicial figures to judge the members of the group of returnees – including some members of the outlawed Kurdistan Workers’ Party, or PKK – who entered Turkey in October through the Habur border gate. The mobilization of the prosecutors and judges to Habur drew harsh public reactions.
In a written statement Wednesday, the ministry said the HSYK’s proposals would lead to a direct intervention in ongoing trials.
A similar conflict over the appointments also occurred last year between the Justice Ministry and the HSYK’s four members from the judiciary.
