We should remove immunities of all kind

People have been severely criticizing this absurd right of deputies and all parties have been promising to remove it before elections for many years including the present ruling Justice and Development Party (AKP).

But in all cases, the elected governments somehow forget this promise.

In the last two years, the opposition Republican People’s Party (CHP) has been urging the government to bring the issue to Parliament but we have yet to see them do so.

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But nevertheless, Justice Minister Cemil Cicek has a point.

He says that there are immunities at various positions in bureaucracy and we should remove them all together.

For instance, military personnel can only be put on trial by the military and the decisions of the Higher Military Council (YAS) cannot be questioned, that is if a soldier is dismissed from the military by YAS, he cannot question the legality of the decision in another court.

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But immunities do not only cover the military concerning bureaucracy.

It also covers members of the courts!

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Similar to YAS, the Justice Department has the higher Council of Judges and Prosecutors (HSYK) and this council in principal aims to protect the independence of the courts and secure the rights of judges.

For this purpose, all personnel affairs including their appointments, promotions, and accepting them to or dismissing them from their profession is decided by this very council.

Thus, it is believed that the power of the judiciary is protected from the possible influence of politicians in the making of court decisions.

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Article 159 of the Constitution that defines the independence of HSYK also says that:

"Nobody can question the decisions of the council in another court."

If one wants to challenge a decision of the council, she/he should also make her/his objection to the same council!

Thus, in order to protect members of the judiciary from political influences, those people are left in the hands of the HSYK.

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There are many examples where the decisions of the council contradict one another or people loose their profession without clear evidence offered to them.

It is claimed that there are cliques in the Justice Department and they struggle and compete with each other through the council!

Rumors of that kind are plentiful.

Politicians also complain about the complete independence of the judiciary as according to them that very independence creates another state within the state.

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Turkey has recently been discussing the close relationship among the people of the Higher Court and mafia.

The Police Department has legally taped and made it publicly known that there are phone conversations among members of the Higher Court and mafia.

But it is the Higher Court whose members are also members of the HSYK in most cases that will investigate the taped phone conversations.

Nobody else can do anything about it!

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Turkey has recently been doing her best to adjust her laws, social and politics to the conditions of the contemporary world.

But immunities as defined by the present laws do not go by this effort.

On the contrary immunities block the very effort of creating a contemporary Turkey.

We have to remove these immunities as soon as possible!