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MEHMET ALİ BİRAND > The dizzying chaos in the justice system

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Really, it is enough. You may not be aware of it, but the dimensions of the chaos experienced in the justice system have reached intolerable stages. Still, nobody knows what to do or how to act.

The situation of the deputies under arrest is apparent, but following the recent amendment it is unknown who should do what.

The judges who will come from Ankara and explain how to act have not yet arrived.

You ask the prosecutor about a file that has been waiting for months: “Now, the secrecy has been lifted, please tell us what we are accused of.” The answer comes: “Wait a little… What will happen is not yet known.”

Question: You have our file. You have not opened a case. What will you do in this situation?

Answer: We will see… We are waiting for the judge to come from Ankara. We will act accordingly.

These conversations are real. I did not make them up. We are at such a stage of indefiniteness, at such a stage of unconsciousness. Everybody is tense. You cannot say the amendments made have been truly adopted by the relevant parties. The prosecutors and the judges are in a similar mood.

Actually, they are trying to disguise the law. Whoever you ask, they all point to this week and say that the situation will be clarified soon.

Those in the judiciary who say that such chaos is unprecedented draw attention to the risk of rain falling on the just and the unjust alike. It is expected that those who should actually benefit from the new law will continue to be, for a while, victims.

Justice is tormenting the deputies in jail

I cannot think of anything else to say anymore. The president has stepped forward and said that those deputies under arrest should be released. He is against the fact that those who have been elected with our votes are still in jail.

Parliament - like it or not – has amended the law. The Parliament Speaker and other prominent names within the government have all said openly that the ball is now in the court of the judiciary.

What else can be done?

They have given adequate opportunities for the justice system to make use of.

It was not enough, they told the justice system: “Come on and act now.”

However, there’s no move from those in “justice.” Rather than any move, it can be sensed that there is a tendency to opt for just the opposite. There is a tremendous struggle ongoing.

What this showdown is, I cannot understand. I wrote before and I want to repeat again. Such torment, such resistance is unprecedented. The judges are saying: “Well, we apply whatever law comes before us. Make proper laws and we will do whatever they rule.”

What should Parliament do in this case?

Should it enact regulations saying: “Those whose names are listed below should be released”?

When a judge makes a ruling he or she can interpret the laws accordingly, can he not do it when it comes to the deputies?

If it is the wish to “not release the KCK deputies” that lies beneath all this strangeness, then it is even more of a disgrace that is being committed.

Not applying a right given by Parliament to the deputies elected by our citizens of Kurdish origin indicates nothing more than the fact that our justice is still approaching the Kurdish issue with the old mentality.

This is a disgrace... It is a shame...

July/11/2012

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