What will happen now?

Journalist friends, who follow the story closely, say that the belief that Supreme Court of Appeals Chief Judge Erarslan Ozkaya is innocent is gaining ground everyday. They say his only conduct open to criticism could be talking to the interested parties and a contractor before a judgment was passed on the known affair. They say that there is no doubt that he did not benefit from the matter.

Under these conditions this, affair can only be described as a "tragedy."

The honor of a person at the pinnacle of his profession was publicly ruined on the eve of his retirement. He and his family have been seriously suffering for the past month. He cannot attend functions that his post demands of him. He even will not be able to make the opening speech of the judicial year.

There is no doubt that there is a problem and that similar ones can happen in the future. What can we do to avoid the repeat of such personal tragedies?

The media will continue to write about everything that is an important new item. This is not only mandatory in terms of media freedom, but is also a public duty in a country like Turkey where corruption is rife and certain allegations may reach some members of the Supreme Court of Appeals.

However, there is a reason behind the preliminary investigations being kept secret. They are kept secret to avoid harming individuals’ honor in case the evidence against them is proven to be false. The media or any other institution cannot violate the principle of "innocent until proven guilty," before prosecutors file a case based on substantial suspicions or before a fair trial starts. However, all newspapers followed a single news item, all commentators followed a single comment and the entire media conducted a lynch campaign against the head of the judiciary. Even a declaration made by Turkish Bars Association President Ozdemir Ozok to the public, defending personal rights was described as "confused," by some groups.

The first lesson we should draw from this affair is to write items involving criminal matter in a succinct and restrained way and avoid making accusations or allegations. They should never be turned into a campaign. Let’s not forget that justice and moderation complement each other. If we are seeking justice, we should act moderately.

There is a widespread belief held in Turkey that justice does not work smoothly in Turkey. This is not unjustified. Both the politicians and bureaucrats utilize certain immunities. Maybe that is why the media reports news items on crime more forcefully than others. It is calling for the judiciary to take charge and aims to show that no one can escape from justice.

A second lesson we can draw is this. We should put a mechanism, which will be activated as soon as an official with great responsibilities is implicated by the media in a crime, in place that shows that this matter will be investigated in great detail. If this happens, the media reports on the matter could be controlled via an internal warning mechanism or by the court.

Since Magna Carta, state’s violation of a person’s rights and honor is a matter that necessitates compensation. However, the compensation mechanism for the violations committed by private persons or institutions against others is not working properly. I guess the whole affair has shown the Supreme Court of Appeals how susceptible it is to this defect.

On the other hand, journalists should empathize with their victim or the public may think that they are seeking prey to blame for their own sins.

This unfortunate incident will remove the possibility of the judiciary assisting the executive for some time. Additionally, the judiciary and the state have suffered considerably in the affair. However, the suffering of the individuals is more important. Ozkaya was a victim. His honor was trampled underfoot. His health most probably suffered. The public needs to make amends for the whole affair soon. If there needs to be a public apology, one should be made. He should be allowed to make the opening speech of the judicial year, as a way to recover his honor. And Turkey should learn to combat corruption without violating human rights.