(TBMM) - DEVA Party Ankara Deputy İdris Şahin, regarding the 12th Judicial Package, said, "While the society is experiencing a severe justice crisis, you are only concerned with managing the calendar. I personally expressed our objections during the meetings in the commission. An important part of this proposal is not a result of a political will for reform, but actually the result of the annulment decisions made by the Constitutional Court. There is no planned legislative activity, there is a rush to fill the legal gaps arising from the articles annulled by the Constitutional Court at the last minute. Therefore, this Calling the proposal a "reform" is incompatible with legal reality. This is a delayed procedural regulation that had to be made. he said.
DEVA Party Ankara Deputy İdris Şahin made evaluations on the "Proposal on Amendments to Certain Laws for the Effective and Efficient Functioning of the Judiciary", known to the public as the 12th Judicial Package, which was discussed in the General Assembly of the Turkish Grand National Assembly.
Şahin stated that they agreed with some articles of the bill and that they saw that the proposers were working on the issue during the commission process, but stated that the regulation was far from solving the structural problems in the judiciary.
Stating that the name of the proposal is nice but its content does not meet expectations, Şahin said, "We open the cover of the package, it is again disappointment, suffering for the citizens, pleasure for the powerful."
Drawing attention to the decrease in trust rates in the judiciary, Şahin said that according to official data, the rate of those who do not trust the judiciary increased from 62.4 percent to 71.6 percent in one year, while trust in the courts decreased from 41 percent to 34.1 percent.
Stating that 75.6 percent of young people have lost their faith in justice, Şahin said, "This nation does not want you to rush the cases, but to make fair decisions."
Şahin stated that a significant part of the proposal stems not from a political will for reform, but from the need to fill the legal gaps that emerged after the annulment decisions of the Constitutional Court. Şahin used the following statements:
Instead of solving structural problems, you are compressing the issue into hearing intervals, single-judge formulas, and three-month periods. While society is experiencing a severe justice crisis, you are just concerned with managing the calendar. I personally expressed our objections during the meetings in the commission. A significant part of this proposal is not a result of a political will for reform, but actually the result of the annulment decisions made by the Constitutional Court. There is no planned legislative activity, there is a rush to fill the legal gaps arising from the articles annulled by the Constitutional Court at the last minute. Therefore, calling this proposal "reform" is incompatible with legal reality. This is a long overdue procedural adjustment that had to be made.
Your method of making laws also has serious procedural drawbacks. You foresee changes in 13 different laws, but unfortunately we do not have a single impact analysis report. We also asked this in the Commission, and you stated that there was no such thing. This disorganization, which renders the commission dysfunctional and tries to pass the articles in a hurry, does not ensure efficiency in the judiciary, dear MPs, on the contrary, it leads to new uncertainties. A qualified legislative activity cannot be carried out by compressing so many regulations, which are not directly related to each other, into a single 30-article proposal. Constitutional Court "You violated the right to property." "You are going behind the back of the Constitutional Court's decision in form and making regulations as if it were not enough to implement the protection of rights in essence."
Reminding that in the proposal, the monetary limit for cases to be heard by a single judge in administrative courts was increased from 25 thousand liras to 486 thousand liras, Şahin said that some cases being decided by a single judge could lead to serious loss of rights.
Stating that this regulation carries risks, especially for foreigners who are in danger of deportation and people seeking international protection status, Şahin said, "Leaving a person's life to the decision of a single judge without any superior court supervision leads to irreversible humanitarian disasters. This is not a matter of workload, it is directly a matter of right to life and conscience."
Şahin said, "Justice is too vital a value to be sacrificed to workload calculations."
Addressing the fraud files targeting young people, publicly known as "IBAN victims", Şahin said that the regulation introduced within the scope of TCK 158 is not enough to solve the problem.
Stating that he met with the victims in the park next to the Parliament, Şahin stated that the victims wanted to be heard directly by the commission.
Şahin said, "The regulation introduced is not a drastic regulation. Victims of TCK 158 do not accept this regulation. Active steps need to be taken to expand the limits of reconciliation until this article is reached."
Stating that economic punishment should be given for economic crimes, Şahin stated that the re-introduction of prison sentences for cheques puts the tradesmen in an even more difficult situation. Şahin said:
"Now, we are talking about what is in this law. Separately, we expressed our gratitude for what is in the law, but we need to talk about what is not. Economic punishment for economic crime. During the years when the AK Party government made reform after reform, we said "There will be no imprisonment against checks within the European Union harmonization process." The shopkeeper says: "I am miserable. I suffered from the earthquake. I want to pay my debt, I should be given the opportunity." You say: "No way." You are forcing me to pay this with a prison sentence, which is not possible, friends."
So listen to the voices and cries of these check victims. Is it just them? Look, we insisted on the July 31 Covid law from these platforms. "Base on the date the crime was committed." we said. Due to the delays caused by you, you started the time for those whose executions were started and they benefited from this. The principle of equality in Article 10 of the Constitution was violated, and this was confirmed by the Constitutional Court. Now, that grievance has not been resolved yet. Here you have to listen to the cry of these names. Again, we all know that the Execution Law has turned into a patchwork bundle."
Şahin, who also drew attention to the problems in prison monitoring boards, probation and conditional release practices, stated that there are 426 thousand convicts and detainees in prisons against the capacity of 309 thousand people.
"Again, dozens of people are victims due to the wrong and erroneous practices of the prison monitoring administrative boards. Tens, thousands of our people are victims due to the wrong application of probation and incomplete implementation of conditional release provisions. We say, let's take action on these. Again, there are 426 thousand people convicts and detainees in prisons - as it was just stated - out of a capacity of 309 thousand. In one of the research proposals, our friends here paint such a picture that it is as if we are not in contact with those in these prisons at all. Don't do it, friends, throw your heads in the sand." "Do not believe that you can solve the problems by burying them. There is a huge problem in prisons and the outcry there is now rising. Therefore, it is your responsibility to manage the psychology of the prison and you must take steps in the Execution Law and you are obliged to bring this to this Parliament."
However, you turned a deaf ear to the issues that should be the main activity of the Parliament, the issues that should enact laws, and did not listen to the citizens, you set your own priorities and could not make this Parliament function properly. We now advise you once again: Look, you are calling the Commission again on Thursday, before the whole of this package, which you have kept waiting for months as the twelfth judicial package, has been discussed in the General Assembly of the Parliament. Why are you calling? Legal regulation regarding children dragged into crime. So how can a government be this shortsighted? The twelfth judicial package is currently being discussed in the General Assembly of the Parliament, at the same time on Thursday, maybe this law will not be passed by this Parliament, you will discuss the law on children dragged into crime in the Commission; Don't do it guys, this is too much quality. "I express it once again: The nation expects you to sincerely take steps to solve the problems."