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1. Judicial Reform Packages: Evaluating Their Effect on Rights and Freedoms

Author:
Hande Özhabeş and Naim Karakaya
Publication Date:
12-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“Judicial Reform Packages: Evaluating Their Effect on Rights and Freedoms” authored by Naim Karakaya and Hande Özhabeş, is published as part of TESEV’s ongoing work on judicial reform. The report focuses on the four judicial reform packages released by AK Party government between 2011 and 2013. It analyses the Judicial Packages and evaluates them from the perspective of rights and freedoms, and focuses especially on freedom of expression, right to liberty and security, right to a fair trial as well as the execution system.
Topic:
Security, Law, Reform, Freedom of Expression, Justice, and Judiciary
Political Geography:
Turkey and Middle East

2. The Other Side of the Ergenekon: Extrajudicial Killings and Forced Disappearances

Author:
Gülçin Avşar
Publication Date:
11-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The Ergenekon Trial has been one of the most important political developments in recent Turkish history. The trial helped uncover the ways in which some groups in the military establishment and their political and economic collaborators in civilian circles were intervening illegally in democratic politics. When the trial revealed that the suspects had ties to the Susurluk scandal and to organizations that had committed extrajudicial killings of Kurdish civilians in the 1990s —the Yüksekova Gang, the Gendarmerie Intelligence and Counter Terrorism organization, and the Special Forces Command—there were heightened expectations among the public that grave violations of human rights committed during the 1990s, particularly against the country’s Kurdish citizens, would be brought to light. Yet the prosecutors and panel of judges in charge of conducting the investigation phase of the trial ignored these expectations as they prepared the criminal complaint, instead focusing solely on the charge of “attempting to overthrow the government.” A report published by the TESEV Democratization Program in November 2013, presented the public with an analysis of information found in the Ergenekon case files regarding the grave violations of human rights during the 1990s. The present work, an abridged version of this report, uses the most noteworthy information on murders by unknown assailants from the case files. We seek to present a general analysis of the Ergenekon Trial’s importance in Turkey’s confrontation with its past, to highlight its unprecedented nature in Turkish criminal-justice history, and finally to present our own recommendations.
Topic:
Crime, Law, Courts, Justice, Judiciary, Disappearance, and Extrajudicial Killings
Political Geography:
Turkey and Middle East

3. The Basic Principles and the Choice of Government System in the New Constitution

Author:
Levent Köker
Publication Date:
10-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“The Basic Principles and the Choice of Government System in the New Constitution,” authored by Levent Köker, is the fourth monitoring report published by TESEV under the umbrella of its constitution monitoring project, Turkey Constitution Watch (turkeyconstitutionwatch.org). The report offers a comparative analysis of the presidential and parliamentary system proposals that are discussed in the Constitutional Reconciliation Commission. It also deals with the basic principles (such as rights and freedoms, independence and impartiality of the judiciary, and local autonomy) that should form the basis of system discussions in Turkey.
Topic:
Human Rights, Law, Constitution, Civil Rights, Justice, and Judiciary
Political Geography:
Turkey and Middle East

4. The High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on Its New Structure and Operations

Author:
Onur Bayramoğlu
Publication Date:
01-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
One of the most critical areas of reform in Turkey’s recent history involves the judiciary, which has served to corroborate the tutelary regime. With a discourse emphasizing that the judiciary itself must also be bound by the “rule of law”, the Justice and Development Party (JDP) took a number of steps toward reforming the administration of supreme judiciary bodies, as well as the judiciary in general. The constitutional amendments brought to the ballot in the referendum of 12 September 2012 essentially represented an initiative to transform the judiciary. The amendments package was intended to equip the Constitutional Court and the High Council of Judges and Prosecutors (HSYK) with a more pluralist structure. This report titled “the High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on its New Structure and Operations” is based on discussions of the roundtable meeting attended by representatives from judges and prosecutors professional associations such as YARSAV (The Association of Judges and Prosecutors) and Demokrat Yargı (Democratic Judiciary Association), which adopted divergent positions over the course of the referendum; one representative from HSYK, the direct addressee in the debate; and experts with diverse opinions. With the roundtable, we intended to generate direct discussion by experts and practitioners of the field in a small group affording sufficient time for speakers. As a result, we treated the current situation and practice through an insider’s perspective and in detail. This also provided a shared platform where parties coming from varying political positions exchanged opinions regarding both the HSYK and several contested aspects of the judiciary reform. The roundtable ensured that critiques were communicated to and discussed with the directly relevant parties through face-to-face conversations.
Topic:
Democratization, Law, Rule of Law, Justice, and Judiciary
Political Geography:
Turkey and Middle East

5. Caught in the Wheels of Power: The Political, Legal and Economic Constraints on Independent Media and Freedom

Author:
Ceren Sözeri and Dilek Kurban
Publication Date:
08-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Media policy in Turkey has shaped the media-state relationship since the establishment of the first newspaper in the late Ottoman period. While regulations were often employed as an effective disciplinary tool against the press in processes of state formation and modernization, opponent journalists have constantly been suppressed by state and non-state actors who claimed to act in the name of ‘state interests.’ The lack of a strong pro-democracy social movement; the ideological conservatism of the judiciary; the institutional weakness of the parliament; and the lack of democracy within political parties render the government – and future governments – too powerful vis-à-vis the society and the media. On a positive note, however, there is a growing awareness on the need for social monitoring of the media. In the absence of a widely accepted and established self-regulatory framework, various nongovernmental organizations and activist groups started to watch the media in order to expand the culture of diversity and to reduce discrimination, racism and hate speech.
Topic:
Democracy, Media, Freedom of Expression, Journalism, and Judiciary
Political Geography:
Turkey and Middle East