Lawyer Mehmet Ruşen Gültekin speaks on the 'Zamanın Adaleti' program

12punto contributor and legal expert Mehmet Ruşen Gültekin answered questions from Journalist Mustafa Büyüksipahi on the 'Zamanın Adaleti' (Justice of the Time) program. Examining prominent current issues in Turkey from a legal perspective and making significant statements, Gültekin responded to Büyüksipahi's question, 'What must be done to prevent corruption?' by saying, "First and foremost, the independence of the judiciary must be ensured."

"JUDICIAL INDEPENDENCE MUST BE ENSURED"

Discussing what needs to be done for the future of Turkey, for the judicial system and state institutions to regain their reputation, and what steps should be taken to prevent corruption, Gültekin said, "There are many fundamental steps that must be taken for Turkey to emerge from this point and become a more robust state of law in the future. First and foremost, the independence of the judiciary must be ensured. Judicial independence is one of the most fundamental pillars of a country's democracy and legal system. If the judiciary can make decisions free from political pressure and interference, the rule of law is upheld and citizens' trust in the state is restored."

"THE BIGGEST DEFICIENCY IN TURKEY: TRANSPARENCY"

Gültekin continued his speech as follows:

"Besides this, transparency and accountability are the most important elements. Every action taken by public officials must be transparent, and these individuals must be held accountable for all their actions. This is one of the most significant deficiencies in Turkey. Administrators can use the powers granted to them arbitrarily, and this situation leads to the misuse of public resources, corruption, and bribery incidents. Public officials must be transparent and held responsible for every action they take."

Stating that oversight mechanisms between state institutions must be made effective again, Gültekin said, "Oversight bodies like the Court of Accounts (Sayıştay) must have the authority to directly refer the corruption and irregularities they uncover to the judiciary. However, in the current system, there are major obstacles to referring the findings identified by the Court of Accounts to the judiciary. Having such oversight bodies fully perform their functions would make the state stronger and more transparent."

Stating that one of the most important tools in the fight against corruption is raising public awareness, Mehmet Ruşen Gültekin emphasized the importance of education in this regard. Gültekin said, "Another important issue is education. One of the most important tools in the fight against corruption is raising public awareness on this matter. Citizens being sensitive and conscious about corruption and bribery is of great importance in uncovering and preventing such incidents. Education should be provided continuously, not only in schools but also in public institutions, in terms of adopting ethical values and the rule of law."

Gültekin also added the following:

"Administrators need to be more careful and frugal when using public resources. While many people in this country struggle to make a living, the unnecessary spending of public resources by administrators creates a great sense of anger and injustice in society. Therefore, it is very important for state administrators to be accountable when using public property and to look out for the interests of society."

THE POLITICIZATION OF THE JUDICIARY IN TURKEY

Speaking about the issue of the politicization of the judiciary, which we frequently encounter in Turkey recently, Gültekin said:

"The issue of the politicization of the judiciary in Turkey is a very deep-seated problem, and deep-rooted reforms are required to solve it. At the very top of these reforms is making the judiciary completely independent from politics. Today in Turkey, the processes of appointing and removing members of the judiciary are heavily influenced by political factors. It must be ensured that judges and prosecutors work in an environment free from political pressure while performing their duties. For this, the structure of the Council of Judges and Prosecutors (HSK) needs to be changed. The structure of the HSK needs to be freed from the influence of the executive branch and turned into a completely independent body.

Another important issue is that the process of appointing judges and prosecutors must be transparent and based on merit. Today, the appointment of individuals close to the political power to critical positions, even if they do not have sufficient experience and knowledge, shakes trust in the judiciary. Therefore, merit must be the basis for the appointment of judicial members, and it must be ensured that these appointments are in no way open to political interference.

The number of law schools in Turkey has also increased uncontrollably, and this has negatively affected the quality of the judicial system. The quality of legal education directly affects the quality of a country's legal system. Therefore, the quality of law schools must be improved, and it must be ensured that students graduating from these schools are truly qualified legal professionals. Likewise, it is important for judicial members to receive continuous professional training and be made aware of ethical values.

Another important reform that needs to be made to ensure the independence of the judiciary is to make judicial processes more transparent. Judicial processes and the decisions taken must be open to the public, and if there is any irregularity or illegality in these processes, they must be held accountable. Citizens should not have doubts about judicial processes and should believe that every decision taken is fair and impartial.

Finally, our criminal justice system needs to be strengthened. Today, the perception of impunity is very widespread in Turkey, and this leads to an increase in crime rates. The judiciary needs to impose more deterrent sentences against criminals and these sentences must be truly implemented. The lack of deterrent sentences damages people's trust in the legal system, pushing citizens to take justice into their own hands. This leads to an increase in violence and chaos in society.

In conclusion, deep-rooted reforms need to be made in many areas such as judicial independence, transparency, accountability, acting in accordance with ethical values, and strengthening the criminal justice system. These reforms are essential for Turkey to become a state of law again. If we can realize these reforms, then we can make Turkey a strong, respected country that is a state of law once again."