CHP reacts to '11th Judicial Package' in committee: 'Those who commit abuse and rape crimes are left out, journalists are excluded'
Discussions have begun in the TBMM Justice Committee on the AKP's draft law, known publicly as the "11th Judicial Package," regarding amendments to the Turkish Penal Code and certain other laws. Striking criticisms of the judicial package were voiced by CHP members.
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CHP Aydın Deputy Süleyman Bülbül, in a statement made at the Justice Committee, said, "11 packages have arrived. There is nothing in any of the 11 packages. Just as the IMM indictment is empty, this package is also empty." Bülbül, regarding womendemanded that child and earthquake criminalsbe excluded from the proposal. DEM Party Şırnak MP Nevroz Uysal Aslan also demanded that the defendants being tried in relation to the February 6 earthquake cases beexempted from this regulationstating, "This isanopenmockery of justicenot to prevent it, but on the contrary, it will lead to the institutionalization of this culture, which we have systematically criticized as a policy of impunity," he said.Bülbül stated that the proposal is unconstitutionaland spoke as follows:
"Articles 2, 7, 9, 10, 11, 13, 20, 22, 25, 26, 34, 35, 36, 38, 88, 153 of the Constitution; so manyof them are being violated.This is a complete disregard for the Constitution.We are facing a situation where the rule of law is being eroded.
The legislative process is being bypassed in a way that undermines democratic principles." There are so many inconsistencies that no matter where we grab it or what we do, it falls apart in our hands.The issue we cannot seem to convey is this: Because it is unconstitutional,you withdraw the articlesin the judicial package you previously introduced, and then we see,what was withdrawn in the eighth comes back in the eleventh, and what was withdrawn in the ninth comes back in the fifteenth.Why do you insist? The Constitutional Court has ruled, saying, 'You cannot grant judicial authority to an administration regarding the BTK,' and stated that it is 'contrary to Article 9 of the Constitution,' and yet...Clear and straightforward statement, you are bringing back 30, 31, and 32 again.
The Constitutional Court is annulling them regarding 'insult crimes on the issue of equality and on the issue of advance paymentyou say 'you cannot', and then we see that for insults against publicofficials, you immediately removethe conciliation process, and you also removethe preliminary payment. Why, why? The reason is this: It is with the aim of blocking the path of the Republican People's Party's corporate identity, the Republican People's Party's mayors, and the Republican People's Party's presidential candidate Ekrem İmamoğlu with theintent toyou are bringing out.
Where is Can Atalay, who was issued his certificate of election, provided with an advisor, given an office, and elected as a member of the Human Rights Investigation Commission?According to Article 18 of theEuropean Convention onHuman Rights,the judiciary should not be usedfor politics.with its intervention regarding detention and the judicialprocess has been deemed unacceptable' by the ECHR. Where is Demirtaş? In prison. Where is Figen Yüksekdağ? In prison. Where is Kavala? In prison. Where is Ekrem İmamoğlu, the candidate of the Republican People's Party who received the votes of 15.5 million people, following the March 19 conspiracy case against the Istanbul Metropolitan Municipality? He is in prison with our 15 mayors based on empty indictments."
"IN THE 11TH PACKAGE, TOOT HERE IS NO "THING" IN ITTH ESE N TENC ESURPRISE:
"Shall we count what is missing? Just as the Istanbul Metropolitan Municipality indictment is empty, this package is also empty. With these packages you bring forward, are you expanding freedom of expression for the construction of social peace?No.Areyou solving the Kurdish issue through democratic politics?No.Regarding the violations of the right to defense contrary to the Criminal Procedure Code (CMK) and the Turkish Penal Code (TCK) within the scope of the March 19 Coup,imprisoned politiciansand bureaucratsof their detention are you providing a solution? No. You are obsessed with the Gezi Park trial. From Tayfun Kahraman to many people are in prison. Are youbringing the principle of legal certainty to the Anti-Terror Law? No. Every citizen who seeks their rights is a terrorist. Everyone who is not one of you is a terrorist. What does the Asay?ECHRcase law?Regarding terror, the scopebeing kept broad is contrary to human rightsconventions.You are not even bringinga regulation for this.PresidentYou are creating a crime of threatening the President.You are telling journalists to 'be silent'.
You were saying'effective fightagainst violence toward women andchildren'. What are you doing with the execution law you have introduced?Those who commit femicide, abuse, and rapecrimes such asthose who commit, robbery, assault, smugglingoffensesand most importantly, do you know what? Two days ago, a mother who lost her three children in the earthquake called me.Later, the fugitives were caught in the house of an AK Party deputy's son-in-law. The woman is crying out, saying, 'I want justice.' ThCanyoubelieve it? Just yesterday, a citizen'sson, who was a lawyer, passed away in the Maraş earthquake. We are seeking justice. You say there is no 'equality or justice' in this execution. Cases where dozens of journalists are being tried, under the name of organized crimesare excluded. In other words, there is no justice here either."
"DEFENDANTS IN EARTHQUAKE CASES SHOULD BE EXEMPTED"
DEM Party Şırnak MP Nevroz Uysal Aslan also stated that the 11th Judicial Package proposal is unconstitutional and that if the package is enacted, it will create serious problems in criminal and enforcement justice. Shesaid, "Just like the other packages, this package alsodoes not provide a real remedy for the law, judiciary,punishment, and enforcement in Turkey in terms of either justice or equality,and does not solve any problems."The debate over whether it will create a solution is stillongoing, because in our view, when the entirety of Turkey's penal and execution lawswere being drafted, they were examined from the very beginning in a way thatcontradicts the principle of equality,and therefore,with packages, reforms, and strategy documents introduced when certain pointsbecome deadlocked or social pressure increases, the changes made do nottruly create a system consistent with the Constitution, human dignity, or the rule of law.It is not possibleto provide a criminal and enforcement justice systemthat can takethe day as a basis,he said.
Stating that they are also against articles 27 and 32 of the proposal, Aslan spoke as follows:He spokeas follows:
"While providinga reduction in execution or the appearance of a disguised amnesty for certain types of crimes, and while expanding itsfuture scope,it is excluded from the outset, in terms of the regulation'sreputationand its drafting, and how the logic of exclusion isrealizedthat it isnotdisclosed is, from the very beginning, contrary to the principle of equality in the Constitution, wethinkso.The phrase 'organized crimes are excluded'isunderthe truth hidden inthe real reason, the nature of the actand the issue of its impact on society, or is it a continuation of the dual legal systemthat the government prefers to implement? If we are going to talk about a social impact,then the realbiggest in societyproblemthe deepest wound is that the proposal includeswithin its scope what you have expressed asviolence against women,violence, femicides, sexual assault crimes,crimes,and childregardingabuse and othercrimesin terms oferadicating and damaging society's sense of justice, and you said that you are targeting the deterrent effect of the punishmentbutin this respectdeterrenceprovisions that eliminatediscrimination wouldbe."