Murat Çalık and justice

How do you explain that you have been detained unlawfully and unjustly, or that your detention is causing serious harm to your health?

You speak up, you talk, you say all of this, of course. But what if you still get no result? At that point, the place you turn to is again the courts.

But what if the courts themselves are the source of your grievance — how do you then seek justice?

These questions have no easy answers. Moreover, humanity has witnessed many such events throughout history. There is, first of all, the phenomenon known as the "Inquisition." The word Inquisition means "a grinding, oppressive investigation and interrogation." From the 13th century onward, European lands bore witness to these courts operating under the Catholic Church.

In that judicial order, the accused did not know — and had no right to know — why they were being detained at the time of arrest. In fact, the trial did not even begin until it had already been decided that the crime was certain! Moreover, the accused was offered the chance to confess three times, and torture was used as a method of interrogation at every stage. Thousands of people were killed in these courts — burned alive, no less. If you asked, the name was a court, those presiding were judges, and the outcome was called Justice.

This is the kind of vice humanity has been put through. That is why the words "impartial and independent judiciary" are merely an intention — it is lived experience that speaks to their reality. This is also where the value of history reveals itself. Because history speaks, sooner or later.

These thoughts came to mind when the mother of Beylikdüzü Mayor Mehmet Murat Çelik fell ill outside a hospital in recent days.

Justice, the judiciary, judges, history, and the cautionary "judicial rulings" that have entered the historical record all passed before my eyes. From there, I returned to the present.

Mother Gülümser Çalık had been worried about her son, who had previously undergone cancer treatment twice, and expressed her concerns about his health at every opportunity. We first came to know her through a photograph of her sitting with her head in her hands outside the hospital. She kept vigil at the hospital doors, wanting to see her son even through a window. It was not only her words that were filled with pain — so was her heart. Finally, as her son was being transferred from İzmir Şehir Hastanesi to Buca Prison, she collapsed in the middle of the road. Mother Gülümser Çalık's heart was like a place on fire. Afterward, she said:

"I feel terrible. I want to break these bars. My whole body is shaking. I am not well. But I am on my feet. If necessary, I will sleep and wake up right there at the prison."

This was not the first cry of Mother Gülümser Çalık. She had said before, "I am helpless, I am a mother." Her son had lost 20 kilos in prison, and Mother Çalık could not bear to watch her child wasting away. His test results were very difficult; she did not want them done again. She had no strength left to endure, and she was on the verge of losing her mind.

When we bring these words together with the other operations that have taken place recently, we can say that this cry emanating from Mother Çalık also represents the other convicts and their families. Because similar pain and experiences apply in those cases as well. For example, we heard from Fatih Altaylı that Ayşe Barım fainted during a roll call. Lawyer Hüseyin Ersöz also announced that İpek Elif Atayman, who was detained in the operation targeting İstanbul Büyükşehir Belediyesi, had not been given a bunk or a bed for five days. Tayfun Kahraman is an MS patient. The examples go on and on.

Indeed, the sentence is not limited only to those inside — the families left outside are likewise condemned to these sufferings in different ways, experiencing pain similar to that of Mother Çalık.

On the other hand, we also see — and bear witness to — the fact that behind these sufferings lie suspect/witness statements fed to the press in a serial fashion, images of defendants lined up and brought before the court, and individuals who appear to be virtually dancing on top of these images and statements. Without a doubt, anyone with even a minimal sense of conscience can see that this situation is not normal. Because one of the most fundamental principles of the judiciary is the confidentiality of the investigation and the presumption of innocence. It is as clear as day that all these principles have been violated throughout this process.

We must therefore say this: given that it is plain that the law does not permit this, it must be questioned who has allowed these injustices and these sufferings, and who has provided cover for them. Since we are to show "respect" for the judiciary, we must, first and foremost, conduct this questioning in order to preserve the dignity of the judiciary we respect. See what Retired Deputy President of the Court of Cassation Abdulkadir İlhan says in an article titled "Detention and Detention Periods":

"Detention is not a punishment in itself, but an exceptional precautionary measure that must be resorted to only in cases of necessity.

Even when the conditions for detention exist, detention is not mandatory but discretionary. For this reason, in the absence of grounds for detention, there can be no question of restricting a person's liberty; and even where grounds for detention do exist, this does not necessarily require detention — it is considered that, where appropriate, activating the Judicial Control mechanism regulated under Articles 109 and subsequent articles may be more humane and deterrent."

It should be noted that these lines are currently published on the Constitutional Court's website.

On the other hand, we also know that a small number of AKP politicians are uncomfortable with the developments taking place. Fatih Mayor Mehmet Ergün Turan is one of those names. The words "My hope is that our colleague who is ill be tried under house arrest if possible" regarding Çalık belong to him. Likewise, AKP member Şamil Tayyar also called for Murat Çalık to be tried without detention. He said, "Law is established not with a sense of revenge but with justice," and reminded his audience of the afterlife. The mention of the afterlife brought to mind a verse from Surah An-Nisa. Before quoting that verse, I want to express the following.

This process, which I have addressed through the person of Murat Çalık, will pass into the country's history with wounds that will not be forgotten. We see this in a mother's cry, in her screams, in a father's helplessness, in the tears shed, and in the silence of consciences sought but not found. The land on which we exist is already burdened enough with the wounds we speak of — it no longer has the strength or the endurance to bear any more.

Now, that verse. See what An-Nisa 135 says:

"O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So follow not personal inclination, lest you not be just. And if you distort your testimony or refuse to give it, then indeed Allah is ever, with what you do, Acquainted."