Minister of Justice GÜL: Turkish judiciary is not equerry of any authorities 10.02.2018
Minister of Justice Abdulhamit Gül reacted strongly against the decision titled Current Human Rights Situation in Turkey which was adopted in the European Parliament (EP) and said; "Turkish judiciary is not equerry of any authorities, including the European Parliament. The judiciary functions in its own rules and system."

Pointing out that the decision bears traces of political malevolent beyond the unhidden prejudices against Turkey, Gül stressed that the decision is full of baseless allegations and purposeful comments in a different range of issues such as; from Operation Olive Branch carried out by Turkish Armed Forces (TSK) in Afrin to the current trials, and from State of Emergency to legislative possession of the GNAT.


Minister of Justice Gül expressed that the fundamental inconsistency in the decision is the EP's selectivity concerning the fight against terrorism, and said that "To be the carrier of lies and black propaganda produced by terrorist organizations does not harm Turkey but eliminates the prestige of the European Parliament. The EP which does not say anything to European countries that break the mould in so many issues such as freedom to travel, inviolability of domicile, freedom of expression and personal data privacy when it comes to combat with DEAŞ, hides behind the lies produced by terrorist organizations when Turkey's fight against terrorism is concerned. With lies such as civilian deaths and torture, it tries to disgrace Turkey's struggle. The ones who does not even have a word to say concerning the rockets, bomb attacks to our cities, becomes the slaves of perception operation of terrorist organizations."

Underlining that Turkey struggles in a determinant and sincere manner with the terrorist organizations, especially FETÖ, PKK and DEAŞ, which are posing a threat to its security, Gül stressed that this struggle is carried out within the scope of law. Gül stated that the Operation Olive Branch is based on the legitimate right to defence arising from international law, and added that another contradiction in the decision is the issue concerned with the trials in Turkey.

Minister of Justice Gül continued:

"Isn't it a deep contradiction that an institution which makes endless serenades to rule of law and independence of judiciary to make a clear interference call to our government concerning some trials in Turkey? Do the courts in Europe operate with the instructions of governments? It is not possible to accept this call which is a clear attack to the judicial independence.  Turkish judiciary is not equerry of any authorities, including the European Parliament. The judiciary functions in its own rules and system. Arrest warrants are made by independent judicial authorities just like release decisions. And so are the decisions made on appeals against the release of the detainee. It is ridiculous to have the courage to make comments without knowing how the system works and without considering the reasoning rules."


Gül said that the Grand National Assembly of Turkey and the national will is also attacked in the decision, and expressed that the EP was not able to slow down itself and also condemned the lifting of legislative immunity in 2016.

Pointing out that the lifting of legislative immunity is claimed to be contrary to the Constitution by the EP, Gül stated that the decision was a legitimate constitutional amendment passed from GNAT by the votes of three parties.

Underlining that it is ignorant to claim the compliance of a norm that changes the Constitution is in line with or contrary to the Constitution, Gül pointed out:

"It is seen that the European Parliament carried some political discussions and rotten arguments about this amendments to its decision without passing through any reasoning filter. But the only gravity in this decision is not limited to this logical contradiction. To attack to a decision of  the parliament of a sovereign country in this manner is not the business of the European Parliament. Such political appropriateness evaluations is nothing but political arrogance."

Specifying the decision as "the sound of the groups against Turkey rather than the silent majority which is the actual will in the Europe", the Minister of Justice Gül added that  such decisions before the high-level summit to be held in Varna, Bulgaria on 26 March will not make any positive contribution to the European Union-Turkey relations.

Judiciary of Turkey