8th Judicial Package to come to Parliament... Reaction from the Istanbul Bar Association: Unfortunately, we do not see that perspective in the political power.

One of the topics to be discussed in Parliament in the new year will be the 8th Judicial Package. Providing information about the work, the Minister of Justice said that the package consists of more than 60 articles and said regarding probation, "Crime must not go unpunished."  

Providing information about the work, Minister of Justice Tunç said, "Crime must not go unpunished. In other words, someone who is sentenced to less than 2 years is released without spending any time in prison when we consider probation along with the conditional release period.

This causes a perception of impunity in society. In this sense, instead of making the probation period automatically 1 year, we are introducing a ratio, it could be one-fifth, this is of course at the discretion of our deputies," he said.

Istanbul Bar Association Board Member Attorney Hüseyin Köprülü, in his statement to 12punto regarding the new judicial package, noted the following:

“For years, the political power has been making omnibus laws under the names of 'judicial packages', 'human rights action plans', and 'reform'. However, when we look at the content, we do not see changes that will make human rights functional and allow society to experience legal security. The courts are already resisting, so to speak, to avoid breaking their own unique traditions.

Legislators who have not internalized the lawyer as a founding element of the judiciary will not be making a reform, regardless of whether they call it a 'reform', 'plan', or 'package'. Especially in criminal justice, if there is a will that 'a court cannot even be established without a lawyer', then we can talk about a reform. Unfortunately, we do not see that perspective in the political power.

According to the information I gathered from the news reflected in the press, in the 8th Judicial Package, the appeal application period in criminal justice will be extended, and the finalization regarding compensation for protection measures will be at the appellate level. The appeal application period should be extended, yes, but these are not regulations that ensure effective appellate review or provide for sufficient compensation rulings in case of unnecessary protection measures.

The compensation commission regarding the right to be tried within a reasonable time is not new; compensation commissions had been established in 2012 for violations of the right to a fair trial due to the exceeding of reasonable time in applications to the European Court of Human Rights; and in 2018 and 2023 for violations of the right to a fair trial due to the exceeding of reasonable time in applications to the Constitutional Court.

In July 2023, with the Keser Altıntaş decision, the Constitutional Court had issued a 'dismissal' decision regarding the fact that this problem had not been solved despite previous violation decisions where trials within a reasonable time had become chronic. This regulation is intended to quickly prevent applications to the European Court of Human Rights (ECHR) without the need to apply to the Constitutional Court. However, it is not a reform regarding trial within a reasonable time and thus a fair trial.

It is necessary to evaluate by seeing the details when the bill regarding other situations considered for change emerges. For example, a regulation also needs to be made regarding the 'Deferment of the Announcement of the Verdict' or the re-regulation of the suspension of sentences, which are not in the news. 

I suppose we will see those when the bill is revealed.”