A politicized judiciary becomes corrupt

Everything began with a constitutional referendum held on September 12, 2010. Before this referendum, the political power conducted propaganda that appeared to have the goal of a "Free Turkey," but in reality, it aimed to seize the judiciary, whose primary duty is to audit and limit the government. However, the broad masses of the public could not grasp the true purpose.

With 58% 'yes' votes in the referendum, the way was paved for the politicization of the Supreme Board of Judges and Prosecutors (HSYK) and the Constitutional Court. Subsequently, within a year, we saw the judicial branch handed over to a religious community on a silver platter.

This community, through the HSYK, replaced all chief public prosecutors and heads of judicial commissions in Turkey and seized the judiciary completely by electing 160 members to the Court of Cassation at once.

Afterward, the community that had seized the judiciary used its unlimited power to attempt a coup through the judiciary to seize political power. That was the moment the conflict between the political power and the community began. We witnessed a coup attempt on July 15, 2016, by the community, which could not overthrow the political power through the judiciary, this time using soldiers loyal to it.

After this coup attempt, this community was declared a terrorist organization, and the process of purging it under the name FETÖ began. However, this time, the political power, wanting to hand over the judiciary entirely to its own party members whom it found more reliable, convinced the public on April 16, 2017, and completed the politicization of the judiciary.

This was the politicization part of the matter. But it did not stop there. The politicization of the judiciary means that certain power centers are active within the judiciary. Istanbul Anatolian Chief Public Prosecutor İsmail Uçar, in a letter sent to the HSYK dated 07.10.2023, documented and explained to the Board the allegation of a "bribery cycle" turning in the world's largest courthouse.

In the letter, the Chief Public Prosecutor revealed with records how drug traffickers, illegal bookmakers, and those who extorted millions of liras were released. The letter was more than an allegation; it was a criminal complaint. In the letter, the Chief Public Prosecutor said, "We must destroy the gangs and small cliques that have begun to form within the judiciary."

One of the most important findings in the letter was: "Unfortunately, we have observed with sadness that while struggling to create a cleaner society for future generations for the sake of the homeland, some members of the judiciary involved in this process began to see themselves as entitled to engage in all kinds of dirty business, as if they had a claim against the state.

Some of our colleagues, through the dirty relationships they entered into, have made the FETÖ-affiliated judges and prosecutors look like saints. Yet, justice was the foundation of the state. If there is no justice, states are doomed to be erased from the stage of history, and society rots," he said.

As of now, we have learned from the press that the inspectors assigned by the HSYK have begun investigating the Chief Public Prosecutor's allegations. On the other hand, according to the news from the arrested journalist Tolga Şardan, we are hearing about a judicial report that the National Intelligence Organization (MİT) has submitted to the Presidency.

So, what is actually happening?

In reality, we are watching the power struggles of various groups within the judiciary, which has become politicized and serves purposes other than realizing its main idea, which is justice.

Certain power centers within the judiciary, feeling more powerful and acting under the pretext of protecting the supreme interests of the state on behalf of the state, were taking action for such a purpose that has no place in the judiciary.

At this point, we see that judges and prosecutors who feel unaccountable are signing off on unfair decisions not only in the Anatolian Courthouse but everywhere in Turkey, again in an unaccountable manner.

1- The main purpose of the judiciary is to reach justice. The judiciary does not protect the state; it audits the state. It is tasked with protecting individual rights and freedoms and the rule of law against the state. Purposes other than this will create gray areas open to abuse, as we have reached today.

2- Judges and public prosecutors cannot be connected to any authority or office, even in appearance, other than their organic link with the HSYK. If it becomes a battlefield for power centers, as it is today, the only thing the judiciary will produce is chaos.

Therefore, although I do not have much hope, it should not be forgotten that the only solution is to ensure that the political power takes its hands off the judiciary. This depends on awakening the consciousness of an independent judiciary in the public. The public must understand that every judge who is exiled poses a threat to them.

Consequently, personally, I am not of the opinion that a clean society can be reached in the power struggle within the judiciary. I do not think that the desire for a clean Turkey is actually wanted in Turkey.

For now, we only see and are saddened by how much the judiciary has rotted through the petition wars of judges and prosecutors.