’Not all judges objective’
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Hürriyet Daily News
Oluşturulma Tarihi: Mayıs 13, 2009 00:00
ISTANBUL - The results of a survey carried out by the Turkish Economic and Social Studies Foundation indicate that Turkish judges and prosecutors are making decisions in political and other cases that favor the state and state officials, undermining the rule of law while doing so
Problems with the judiciary in Turkey are usually characterized in terms of its independence, but judges and prosecutors also often violate the principle of objectivity, according a recent survey.
Prepared by the Turkish Economic and Social Studies Foundation, or TESEV, the survey results were released yesterday at a panel titled, "Perception and Mentality Structures in the Judiciary: Judges, Prosecutors and Society." According to the survey, Turkish judges and prosecutors are making decisions in political and other cases that favor the state and state officials, undermining the rule of law.
The survey was conducted in two stages. First, a series of in-depth, face-to-face interviews was conducted with 51 judges and prosecutors in Istanbul, Ankara, Trabzon and Diyarbakır. Then 59 ordinary people in 20 provinces were interviewed about their perceptions of justice and the judiciary system. The results of both parts of the study have been published in books.
The judiciary is not objective and usually decides in favor of the state, according to the first survey, which was published in a book titled, "’Justice Can Be Bypassed Sometimes:’ Judges and Prosecutors in the Democratization Process."
Speaking at a press conference, Can Paker, the chairman of TESEV, said the law protects the state, not the citizens, and that judges often represent a political stance. Paker said a judge interviewed for the survey openly admitted that he does not care about the law when the country and its people are at stake.
Mithat Sancar, an academic at the Ankara University Faculty of Law who worked with the survey team, said in contrast to common belief, judges and prosecutors are not automatons solely applying written laws. "There is a statism in the judiciary system that is also admitted by the judges," he said. "They have a worldview and [their own] perceptions."
The survey also showed that judges are affected by their prejudices against certain citizens. One of the responding judges said the ideology, religion and political or sexual preferences of the accused affect his colleagues as they arrive at a decision.
People fear the courts
The second part of the study, published under the title, "’Just at Times, Unjust at Others’: People’s Perceptions of the Judiciary in the Democratization Process," revealed that people see the country’s courts as apathetic and fear going to them.
"People believe justice is not served in the courts for several reasons, including [the perception that the] courts favor rich, high-status people; the longevity of the cases; the institutions’ effect on the courts; distrust of lawyers; and the high cost of access to lawyers and courts," said Suavi Aydın, a professor of anthropology at Hacettepe University, at the press conference announcing the report.
Although most people do not believe that justice is served in the courts, very few seek it outside the judiciary system. Only some Kurdish respondents living in the country’s eastern and southeastern provinces reported that they might look to solve problems in traditional ways, such as by asking an elder religious leader for help. Though the traditional justice system is weak in eastern Turkey, Sancar said, the modern judiciary system could not replace it since "the state institutions in the region focused on controlling, assimilating and pressuring local people instead of settling [cases] relevant to their purpose."
Prepared by the Turkish Economic and Social Studies Foundation, or TESEV, the survey results were released yesterday at a panel titled, "Perception and Mentality Structures in the Judiciary: Judges, Prosecutors and Society." According to the survey, Turkish judges and prosecutors are making decisions in political and other cases that favor the state and state officials, undermining the rule of law.
The survey was conducted in two stages. First, a series of in-depth, face-to-face interviews was conducted with 51 judges and prosecutors in Istanbul, Ankara, Trabzon and Diyarbakır. Then 59 ordinary people in 20 provinces were interviewed about their perceptions of justice and the judiciary system. The results of both parts of the study have been published in books.
The judiciary is not objective and usually decides in favor of the state, according to the first survey, which was published in a book titled, "’Justice Can Be Bypassed Sometimes:’ Judges and Prosecutors in the Democratization Process."
Speaking at a press conference, Can Paker, the chairman of TESEV, said the law protects the state, not the citizens, and that judges often represent a political stance. Paker said a judge interviewed for the survey openly admitted that he does not care about the law when the country and its people are at stake.
Mithat Sancar, an academic at the Ankara University Faculty of Law who worked with the survey team, said in contrast to common belief, judges and prosecutors are not automatons solely applying written laws. "There is a statism in the judiciary system that is also admitted by the judges," he said. "They have a worldview and [their own] perceptions."
The survey also showed that judges are affected by their prejudices against certain citizens. One of the responding judges said the ideology, religion and political or sexual preferences of the accused affect his colleagues as they arrive at a decision.
People fear the courts
The second part of the study, published under the title, "’Just at Times, Unjust at Others’: People’s Perceptions of the Judiciary in the Democratization Process," revealed that people see the country’s courts as apathetic and fear going to them.
"People believe justice is not served in the courts for several reasons, including [the perception that the] courts favor rich, high-status people; the longevity of the cases; the institutions’ effect on the courts; distrust of lawyers; and the high cost of access to lawyers and courts," said Suavi Aydın, a professor of anthropology at Hacettepe University, at the press conference announcing the report.
Although most people do not believe that justice is served in the courts, very few seek it outside the judiciary system. Only some Kurdish respondents living in the country’s eastern and southeastern provinces reported that they might look to solve problems in traditional ways, such as by asking an elder religious leader for help. Though the traditional justice system is weak in eastern Turkey, Sancar said, the modern judiciary system could not replace it since "the state institutions in the region focused on controlling, assimilating and pressuring local people instead of settling [cases] relevant to their purpose."