The politicization of law

The issue of the rule of law in Turkey has been a significant topic of debate, particularly since 2002. While the reform promises that began with the change in government in 2002 initially appeared to be a development process that would strengthen the rule of law, by 2024, Turkey has experienced a serious decline according to Rule of Law Index data. This decline demonstrates the erosion of democracy, freedoms, and the principles of a state governed by the rule of law.

The AKP's rise to power in 2002 led to various reforms within the framework of the EU accession process. At that time, structural changes in the field of the rule of law and hopes that the judiciary would become more independent seemed to put Turkey on a more positive path. However, starting from 2010, particularly with the restructuring of the judiciary during the referendum process, it became clear that these expectations had been reversed. Moves against judicial independence, the increase in political interference, and the instrumentalization of the law caused Turkey to fall rapidly in the rankings according to the Rule of Law Index.

The state of emergency declared after the 2016 coup attempt and the subsequent arbitrary practices in the legal system dealt a major blow to the rule of law. The detention of thousands of people without due process, the restriction of press freedom, and the violation of the right to a fair trial caused Turkey to experience a serious decline in international legal rankings. According to the 2024 Rule of Law Index data, Turkey's position in the lower ranks globally in the field of the rule of law is a clear indicator of how much this process has deteriorated.

Another important element is the politicization of the judiciary and the use of law to serve the interests of the government. The closing of corruption cases, the loss of impartiality in trials, and the legal system serving the purpose of protecting the government's policies rather than defending the rights of individuals can be counted among the significant examples of Turkey's drift away from a state governed by the rule of law.

In conclusion, the path Turkey has followed from 2002 to the present, according to Rule of Law Index data, while initially promising with positive reforms, has witnessed a serious decline in recent years. The principle of the rule of law in Turkey has been eroded for the sake of political interests, the legal system has lost its independence, and fundamental rights have been continuously violated. This picture is one of the most concrete indicators that Turkey is drifting away from democracy and sliding toward an authoritarian regime.