At the General Assembly of the Turkish Grand National Assembly, the discussions on the first part of the Bill on Amendments to Certain Laws for the Effective and Efficient Operation of the Judiciary, known to the public as the "12th Judicial Package", were completed.
Speaking on the entire proposal, New Path Party Group Deputy Chairman Selçuk Özdağ argued that 13 different laws were changed with the proposal, and that this effectively rendered the commission's supervision regarding the proposal dysfunctional.
Explaining that a significant part of the proposal aims to reduce the workload of the courts and speed up the trials, Özdağ said, "Of course, it is very important for the trials to be concluded within a reasonable time, but the measure of justice is not only speed. There is a delicate balance between making a quick decision and making the right decision. Speed achieved at the expense of expanding the scope of cases to be heard by a single judge, narrowing the review of the committee and reducing judicial guarantees does not increase justice, on the contrary, it weakens the quality of justice." he said.
Özdağ also stated that the regulation regarding those who share their bank account information with others for unfair advantage, known publicly as "IBAN victims", which was added to the proposal during the commission process, is important but not sufficient.
İYİ Party Afyonkarahisar Deputy Hakan Şeref Olgun stated that the proposal does not make the judiciary effective and efficient and said, "On the contrary, it is once again the clearest and most naked form of the government's bad legislative habit that has been going on for 8 years. We have said it many times from this rostrum, we are saying it once again. This Parliament is not a notary. However, the ruling party has completely turned this dais into a notary for 8 years. The proposal before us is the most concrete evidence of this." he said.
Pointing out that the 30-article proposal makes changes in 13 different laws, Olgun said, "Regulations that have no logical connection with each other, from the Execution and Bankruptcy Law to the Notary Law, from the Council of State Law to the Turkish Penal Code, from the Code of Civil Procedure to the Turkish Civil Code, are stuffed into a single bag. This is systematically making parliamentary negotiation impossible. This effectively eliminates the primary duty of the Parliament, that is, the duty of making laws." he said.
"An accurate regulation that strengthens the independence of the judiciary"
MHP Sakarya Deputy Muhammet Levent Bülbül stated that the bill aims to increase the certainty of trial periods, ensure procedural economy and establish legal certainty by fulfilling the requirements of the Constitutional Court decisions.
"Looking at the proposal in general, it is envisaged to reasonably limit the time between hearings in civil trials, to replace the indefinite debt case with a more functional partial case regime, to sell the properties of persons under guardianship more competitively through the National Judicial Network Information System, to expand digitalization in notary proceedings and to expand the scope of cases that can be heard by a single judge in the administrative judiciary. Each of these is aimed at accelerating the functioning of the judicial system and facilitating our citizens' access to justice."
Emphasizing that the basic element of the profession of judge and prosecutor is possible by resolving disputes with legal knowledge and evaluation, Bülbül said, "Delegating the authority of legal qualification to an expert is against the essence of judicial independence and the conscientious opinion of the judge. In this respect, the proposal's tying the use of an expert to disciplinary sanctions in matters that can be resolved with the legal knowledge required by the profession of judge and prosecutor is an accurate regulation that strengthens the independence of the judiciary. Judicial independence is not only used as protection of the judge from external interventions, but also "It should be read as strengthening the judiciary with professional, merit, educational and ethical equipment." he said.
Pointing out that every improvement at the level of law is limited to the support of the constitutional basis on which it is built, Bülbül continued as follows:
"The tutelary spirit that the 1982 Constitution inherited from the coup period still constitutes an obstacle to the full integration of judicial institutions with the nation. MHP sees this issue not as a party interest, but as a part of the cause of the nation's survival forever. As our Chairman, Mr. Devlet Bahçeli, frequently states, the survival of the nation and the rule of law are two concepts that cannot be considered separately from each other. Every Turkish citizen who wants to see the state is strong and the nation in unity also wants an order in which justice operates without interruption. With this belief, we see it as our primary goal to draft a democratic, inclusive and participatory new constitution. In this context, we also consider it necessary to undergo a radical reform of the Constitutional Court's status, establishment and jurisdiction principles. The 100-article constitutional proposal, which is based on the sovereign rights of our nation, protects the basic characteristics of our Republic and roots the principles of the current Presidential government system, has been previously shared with the public by our party. "Preparing a new constitution through compromise, in which the remnants of the coup will be completely cleared, has now become a national duty. However, we know that even major constitutional transformations require the daily justice service to be carried out without disruption. Our citizens struggle to seek their rights at the courthouses every day, and concluding this struggle within a reasonable time and with predictable rules is a priority that cannot be neglected in the shadow of constitutional debates."
"A repair package that magnifies problems rather than solving them"
DEM Party Şanlıurfa Deputy Dilan Kunt Ayan criticized the proposal.
Listing some of the regulations introduced with the proposal, Ayan said, "IBAN victims. Nearly 300 thousand victims are mentioned, even though some representatives of the government state that this is not victimization, we see it as victimization. Nearly 300 thousand files are mentioned, and with these nearly 300 thousand files, if we include families, we are talking about a victimization that will reach millions. We have expressed the unlawfulness here for months, until the 12th Judicial Package came to the Commission." Until now, AKP did not show a single movement, then it looked and said, 'yes, there is really a big lawlessness, let's fix it.' They came to the commission with a proposal. However, this regulation does not solve the problems of IBAN victims and is not compatible with the principles of criminal law. What needs to be done? Let's be frank, using a bank account payment tool or identity information to be used in a crime is defined as an independent crime. "This is the only way you can solve this problem radically." he said.
Stating that those who do not intend to commit a crime should be included in the scope of reconciliation in a way that ensures compensation for the damages of the victims and restorative justice, Ayan said, "This proposal is not a reform package that solves the basic problems of the judiciary, but a repair package that rewrites the provisions annulled by the Constitutional Court at a minimum level, tries to keep the current system alive instead of expanding rights and freedoms, and enlarges the problems instead of solving them." he said.
CHP Muğla Deputy Cumhur Uzun claimed that the judiciary in Türkiye does not function effectively, efficiently and fairly, and that citizens' trust in justice has not increased despite the judicial packages.
Arguing that the arrest did not become an exception, that the decisions of the Constitutional Court and the European Court of Human Rights were not complied with, and that the problems of the defense were not resolved, Uzun made the following evaluations:
"Detention has turned into a de facto punishment. After 11 judicial packages that did not solve the basic problems of the judiciary and justice, we are sick and tired of the Parliament being kept busy as if it was carrying out a so-called judicial reform with a series of changes. As always, this text prepared by the executive was made to be signed by the members of parliament. I think that this activity we are doing here has been made almost impossible to consider as a legislative activity, and the Parliament has been treated discourteously with an understanding of the Parliament that has been turned into a registry office by the executive. An important part of the proposal was again annulled by the Constitutional Court. "It works to fill the gaps created by the provisions. We are not faced with a comprehensive justice reform, but a technical repair required by the Constitutional Court."
"The common purpose of the regulations is to speed up trials"
AK Party Istanbul Deputy Nurettin Alan, one of the first signatories of the proposal, said that he commemorated with mercy and gratitude the 253 martyrs who sacrificed their lives for the survival of the state and the independence of the nation by shielding their chests against the treacherous coup attempt on the night of July 15, and expressed his gratitude to the heroic veterans who illuminated the dark night at the expense of their lives.
Explaining that they are negotiating an important reform package that will meet the nation's expectation of justice more strongly, increase the effectiveness of judicial services and develop the legal system in line with changing needs, Alan said, "Justice is not a concept that is only manifested in courtrooms. Justice is the fundamental basis of the citizen's trust in the state, social peace and the understanding of a strong state." he said.
Noting that while preparing the 12th Judicial Package, not only today's needs but also the legal system of the future were taken into consideration, Alan said, "The common purpose of these regulations is to speed up trials, reduce unnecessary bureaucracy, ensure that our citizens gain their rights in a shorter time, and increase the effectiveness of justice services. With our proposal, we bring permanent solutions to many problems that directly touch the lives of our citizens." he said.
Noting that they prevent unnecessary expert examinations on issues that can only be resolved through legal evaluation, Alan said:
"In recent years, with the method known as IBAN rental, it is aimed to establish a more fair balance between the unfair content of the act and the punishment for those who participate in the crime of fraud by only opening their bank account or payment instrument for the use of someone else. In this context, it is envisaged to make a half reduction in the penalty to be imposed in cases where participation in the crime of fraud is limited to using their own or someone else's bank account, credit card or payment instruments in exchange for benefit. Thus, the fault and injustice between the main perpetrators of the crime and the people who only participate in the crime by making their accounts available are different. "It will be observed more fairly in line with the basic principles of criminal law."
Explaining that the proposal will eliminate the legal gaps that emerged after the Constitutional Court's annulment decisions, Alan stated that they have thus strengthened constitutional guarantees and eliminated the uncertainties experienced in practice.
After the completion of the negotiations on the entire first part of the proposal, Deputy Speaker of the Turkish Grand National Assembly Pervin Buldan adjourned the meeting. Since the commission did not take its place after the break, Buldan closed the meeting to meet tomorrow at 14.00.