Ministry of Justice's budget for 2018 is accepted in the Turkish Grand National Assembly 16.12.2017
Ministry of Justice's budget for 2018 is accepted in the Plenary Session of the Turkish Grand National Assembly. Speaking on behalf of the government during the negotiations, Minister of Justice Abdulhamit Gül said, "The members of the terrorist organization who use their togs to hide their loyalty and relation to the country and terrorist organizations they belong have been removed from the judiciary."

WE WILL NEVER GIVE UP THE STRUGGLE

Stating at the beginning of his speech that he vigorously condemns the unlawful and inhumane practices against Jerusalem and Masjid al-Aqsa which is the first kiblah of believers, Gül said that" In order not to be a spectator to a massacre of law, a massacre with the understanding of a rogue state despite hundreds of UN resolutions, we want to express once more here that we will never give up this struggle in no way until Jerusalem, which is the first kiblah of Muslims, will be the capital of independent Palestinian state. "

Minister of Justice Gül said that the whole world is seeing that those who want to remove Jerusalem's identity of being a common sacred space for Muslims, Jews and Christians and the peaceful land of Ottoman Empire, will not be able to make any contribution to the regional peace and world peace.

WE ARE EXPECTING ALL WORLD COUNTRIES TO RECOGNIZE ICO RESOLUTIONS

Stating that the resolutions recorded to the world history and taken in the Islamic Cooperation Organization meeting for which term presidency is made in the leadership of the President Recep Tayyip Erdoğan and which was held in Turkey is an important step for the world peace and in the history of mankind, Gül expressed that "Our intention and expectation is that all the countries in the world to recognize and accept these resolutions.

Gül stated that the most important element of the state of law is the existence of an effectively functioning judicial system and that the judiciary has the feature of a referee in a state model based on the rule of law. Gül noted that the fulfillment of this function can be achieved by solving the problems objectively and fairly.

Minister Gül pointed out that the judiciary, thanks to its mentioned feature, will make the law a measurable value and continued; "For this reason, making our judicial system functional as an instrument serving to our citizens and ensuring its sound operation will continue to be one of our greatest priorities."

FASTER, MORE EFFCETIVE AND MORE FAIR TRIAL

Underlining that the path that AK Party governments have followed for the last 15 years is a reform line that fits the mentioned priority, Gül said: "The development of justice services and strengthening access to justice will again be one of the most important decisions and road maps of our government this year with the same attention and enthusiasm. Studies and works which will enable our citizens to benefit from faster, more effective, more fair decision-making and trial processes give positive results in every field. "

RIGHTS AND FREEDOMS ARE GUARANTEED

Stating that the share allocated for justice services from the central budget in the last 15 years has been doubled, and the physical facilities and structural transformations of the institutions have been accelerated, Gül reminded that the legislation has been reviewed with a democratization and human-oriented approach, and the basic laws have been renewed to a great extent. Gül said "Changes made in the constitutional and legal level have included measures to strengthen the independence, efficiency and impartiality of the judiciary while ensuring a strong guarantee for fundamental rights and freedoms".

INDIVIDUAL APPLICATION TO THE CONSTITUIONAL COURT IS AN IMPORTANT REFORM

Minister Gül said that; regulating  the protection of personal data as a right, guaranteeing children's rights in the constitution for the first time, enlargement of trade union freedoms, granting public officials the possibility of collective bargaining and the expansion of political freedoms are very important developments included in the Constitution. Reminding that Turkey's institutional capacity has been developed in order for fundamental rights and freedoms be maintained and developed and in order to prevent violations, Gül stated that, individual applications to the Constitutional Court is a very important reform set out during their government period.

TWO FUNDAMENTAL CHANGES IN THE JUDICIARY AFTER APRIL 16

Pointing out that one of the most important reforms in the structural transformation on behalf of Turkish judicial system is the Constitutional amendment made on April 16, Gül said that it brought two fundamental changes in the judiciary: first one is that the structure of Council of Judges and Prosecutors (HJP) should be based on a more democratic legality and national will, and the second is that the separation of the military-civilian judiciary should be abolished.

Describing the election of HJP members in the Parliament, Gül said that there are still people who do not understand and do not want to understand it.

"Why does it disturb that the President elected by 50 + 1% selects four members to that Council? The main point is that: if you are uncomfortable with the deputies elected in the Parliament, with the person who is elected as the President by the will of the nation, this means that you are uncomfortable with 80 million people themselves." Gül said that "when speaking about politicization of the judiciary, coup jurisdiction in which coup plotters tried the citizens on 27 May comes into mind.

WHY DO YOU FEEL UNCOMFORTABLE?

Emphasizing the need to oppose the judiciary created on May 27 and after September 12, Gül said, "the understanding saying that ' I am raising your age. You are 17 years old from now on, I am raising your age and then I execute you ' is the place where there is no judicial independence. The judiciary who sees the epaulettes on 28 February and salutes the epaulettes by picking up their togs is not an independent judiciary. Those who saluted to the tutelary on that day did not move in any way for the judiciary, so why do you feel uncomfortable when we say that let the Parliament elect members to HJP, let the president who is elected by the votes of the nation select members to HJP? Gül continued:

THE JUDICIARY IS ABOUT TO TAKE ITS NORMAL PATH

"Even if you want it or not, the judiciary is about to take its usual path. Important steps were taken so that it enters its usual path. As is well known, the plotters of 27 May tried our citizens, the law served for such purposes back then. On 12 September and 28 February, again the plotters tried citizens. In the aftermath of the 15 July, the law and judiciary have transformed and the coup plotters have been tried. Today, the plotters give an account of their actions before the independent Turkish judiciary. Members of Turkish judiciary submitted only to the Turkish flag with white crescent and star, Turkish National Anthem, Constitution, the Law and conscience, did not give their soul to Pennsylvania for one dollar, therefore no one has the right to talk against the members of the Turkish judiciary. Terrorist members who were disguised in gowns to conceal their homeland and commitment to and affiliation with terrorist organizations were cleaned from the judiciary. The ones who wished to organize a coup against the government that was elected by the judicial coup on 17-25 December, against the nation and democratic regime struggled to no avail. They could not realize what they desired by turning the judiciary into a commodity and thus they strived to accomplish their purposes through the bloody and treacherous coup attempt on 15 July, but to no avail.  On that night, our Distinguished President encouraged the people to take to the streets, squares and the plotters were drown in their own misery. Our nation protected its leader, destiny, law, democracy and the Republic."

MEMBERS OF THE TURKISH JUDICIARY ARE STILL ON DEMOCRACY WATCH

Minister Abdulhamid Gül indicated that on the night of the coup attempt on 15 July, the judges and prosecutors acted fast and handled the situation boldly, they initiated the investigation immediately after the coup and members of the Turkish judiciary are still on democracy watch. Gül added "This watch will end only when the ongoing trials are concluded according to law, equity and fairness and when the criminals are punished as they deserve and to the relief of the conscience of the society."

Gül noted that cases which are related to 15 July coup attempt will be concluded shortly with a final decision and he added that the courts do not function like a judgment machine, they punish the criminal by evaluating the fact and evidence, if any, distinguish the non-guilty.

CRIMINALS WILL BE PUNISHED AS THEY DESERVE

Minister Gül stated that there are certain people who do their best to interrupt the cases and added "our nation can be relieved and confident. History will never and ever forgive the ones playing acting games in courts and say '15 July is a theatrical coup'. When the trials are complete, all criminals will be punished as they deserve and the plotters who are laughing, objecting and mocking the trials will remain silent forever. No one will ever dare to conspire against this sublime nation."

He said that AK Party is a reformist party. A better legal system, stronger democracy and larger freedoms are the components of its identity.

He noted that in the following period, the reform package which aims to increase the public trust in the judiciary will be shared publicly, many subjects while prevail on the public agenda will be regulated through this reform package.

REGULATION REGARDING THE CHILD CUSTODY  

"We will try to improve the legal insurance coverage within this framework. We will save on cost and time by making the electronic notification widespread. We will prepare a defamation procedure and ensure that citizens will not have to resort to the execution offices and the reimbursement will be made speedily and without any cost. In this way, we will maintain the delicate balance between the debtor and creditor. We will put an end to extremely slow judicial practices by integrating the informatics with all state institutions. We will stop the problem that is experienced in every divorce. We will consider primarily the interest of the child and prepare the regulation which will provide for a more humane child custody. We will pursue a more effective fight against the organized crimes, misdemeanours and offences that disrupt the public peace. We will evaluate the acts which constitute offence through violation of the lifestyle and procedures will also be assessed thereof. The following work subjects in this period consist of concluding the investigations more swiftly and effectively in the fight against offences and criminals."

90% SUCCESS IN MEDIATION

Abdulhamid Gül noted that a speedy and voluntary resolution on mediation law and legal disputes is involved in the Turkish judicial system. Within this framework, he recalled that 7.539 mediators are currently in office, mediation was used in 24.162 disputes by 11 December and 21.405 of them ended with success with a percentage of about 90.

Gül recalled that many important steps were taken on mediation in criminal proceedings. By 1 December, 523.000 files were notified to the mediators and 2.711 of them were finalized by mediation.

Furthermore, he added that the number of judges and prosecutors which was 9.349 in 2002 reached 16.106 by an increase of 73%. The number of personnel working in the court houses, related departments and penal institutions was 51.000 in 2002 and it amounted to 115.638 today. Gül noted that the personnel working in penal institutions were granted actual service term increment by the most recent Decree Law and necessary works on bailiffs continue in coordination with the Ministry of Finance. He indicated that 232 legal service buildings in total were constructed since 2003 and works concerning Ankara court house continue.

Minister Gül also responded to questions of parliamentarians.

Judiciary of Turkey