Justice Minister Akın Gürlek, who is in New York for the 81st United Nations General Assembly, participated in a television broadcast at the Turkish House (Türkevi). Speaking about the fund investigation, Gürlek said, "There are approximately 8.5 million citizens of ours in the stock market. In addition to stocks, there is a fund system. Funds emerged in 2020. However, they have been used intensively in the last two years. We also saw this issue during my time as the Chief Public Prosecutor of Istanbul. We will protect the rights of our citizens who have suffered grievances to the end and we will not allow the system to be used in this way," he assessed.
"The Capital Markets Board (SPK) has granted us permission to investigate. We attach importance to this matter"
Expressing that they will not allow citizens' money to be wasted regarding the fund investigation, Minister Gürlek said, "There are approximately 8.5 million citizens of ours in the stock market. In addition to stocks, there is a fund system. Funds emerged in 2020, but they have been used intensively in the last two years. We also saw this issue during my time as the Chief Public Prosecutor of Istanbul. Recently, we have determined that some stocks have been included in the funds and that there is extraordinary volatility in these stocks. You look, the company has no significant assets, factory, or field; but its market value is higher than Turkish Airlines or ASELSAN. We saw a disproportionate growth here. We have filed a report and a criminal complaint with the SPK to initiate a process on this matter. The SPK has also granted us permission to investigate some stocks. We attach importance to this matter. We will absolutely not allow the money that our citizens have saved with great effort and invested in the stock market in good faith to be wasted," he said.
"We will protect the rights of our victims"
Reminding that the investigation process regarding the funds has begun, Minister Gürlek said, "First, the funds were liquidated by the SPK, and then we were granted permission to investigate. There are currently detentions. Proceedings have been carried out against 63 people. Some of them have been arrested; there are those whose detention process is ongoing, those under judicial control, and those who are fugitives. We have seized all assets of the fund owners or board members and implemented precautionary measures that prevent them from conducting transactions. Instant attempts to move money and title deed transfers can occur. For this reason, we have written writs to land registry offices, notaries, and banks. An attempt where approximately 40 million dollars were intended to be transferred was stopped by the bank thanks to our precautionary and blocking decision. We will protect the rights of our citizens who have suffered grievances to the end and we will not allow the system to be used in this way. In addition, we have established bureaus for combating capital market crimes consisting of expert prosecutors in our metropolitan cities and other provinces. These bureaus will only deal with crimes regulated in the Capital Markets Law," he said.
Call for cooperation on the extradition of criminals
Minister Gürlek, who also called on US authorities for cooperation regarding the extradition of criminals, noted the following: "There are people who fled here while an investigation or trial was being conducted against them due to FETÖ. There are also those who fled from other criminal organizations. We are following their extradition processes. Our judicial attachés are working here, and our ambassadors are also following the processes. We are issuing red notices for the extradition of criminals. If there is a lack of documentation, we are completing it. We are showing particular sensitivity regarding FETÖ and are constantly in contact with US judicial authorities. Our judicial attaché office and the relevant general directorate of our Ministry are monitoring these processes. We are constantly updating the files. When new evidence, a confession, or material finding emerges about the person whose extradition we are requesting, we add it to the file and resubmit our request. We believe that we will work positively in cooperation with US authorities. I am calling on US authorities here for cooperation as well. Because we are also trying to extradite the people that the US requests from us to the extent of our capabilities."
Combating street gangs and new-generation criminal organizations
Stating that they are resolutely going after street gangs and new-generation criminal organization structures, Minister Gürlek expressed the following: "As soon as I took office, we sent a circular to our chief public prosecutors in 175 high criminal centers. We asked our chief prosecutors to be determined and sensitive in the fight against drugs, street gangs, illegal betting, virtual gambling, and similar structures that threaten our nation, to take the necessary initiative, and not to make concessions. In addition to the circular, our General Directorate of Criminal Affairs is in constant communication with our chief prosecutors; we are in coordination. We are fighting to the end against structures that disturb the peace, public order, and security of our citizens. In this process, we are in coordination with our Ministry of Interior and law enforcement forces. If public order is disturbed, the law cannot be applied, investors cannot come, and stability cannot be achieved. We are aware of this. Whatever their name, we will fight against street gangs to the end. As people serving on behalf of the state, we are resolutely going after these structures. The state's iron sledgehammer will always come down on their heads."
"Crime rates have decreased"
Stating that they have achieved good results in the fight against street gangs, Minister Gürlek said, "As the judiciary, we are doing our part and ensuring that our prosecutors show sensitivity in operations and investigations against these structures. We have achieved good results. Many street gangs have been neutralized. Our citizens can walk around comfortably at night with their families, and our business people can open their workplaces in safety. Previously, some street gangs thought the field was empty and were threatening everyone. We have data now. Crime rates have decreased significantly. We constantly tell our chief prosecutors to conduct operations against them and show that you are determined. There is currently a process in harmony with the Ministry of Interior as well," he expressed.
"Street gangs have become unable to take action"
Stating that they have made street gangs unable to take action, Minister Gürlek said, "Crime rates have fallen in metropolitan cities. Complaints regarding the threats of street gangs have decreased. We increased the sanctions related to this with the 11th and 12th Judicial Packages. We increased both the penalties to be applied to street gangs that incite or encourage children to commit crimes and the criminal sanctions related to individuals in the 12-15 and 15-18 age groups used in these crimes. These regulations have been deterrent and effective," he said.
"We have carried out comprehensive studies to accelerate the judiciary"
Stating that judges must comply with the target time within the scope of accelerating the judiciary, Minister Gürlek said, "I came from the practice. I served as a judge, prosecutor, and chief prosecutor. Therefore, I know the problems better. There is a general dissatisfaction among our citizens caused by the prolongation of trial periods. As soon as we took office, we turned to this area. Last week, we completely changed the appointment regulation for judges and prosecutors. From now on, the appointments of judges and prosecutors will be made according to the effectiveness and efficiency of the judiciary. What does the effectiveness and efficiency of the judiciary mean? We have set target times for judges. When a case is filed, it is clear how long that case will take to finish. Our citizens and lawyers who file rent determination, debt, or reinstatement cases know how long it will take for the case to be decided. The judge must also comply with this target time. However, deciding quickly does not mean deciding fairly. When the judge decides quickly, the process does not end; there are appeal and Supreme Court stages of the decision. The judge must both decide within the target time and make an accurate decision, and their decision must be upheld by higher courts. We have introduced a scoring system based on this. Did the judge meet the target time? Is the decision they made accurate, was it upheld by the Supreme Court? The judge will be scored according to these, and their appointment will be made according to this score. The east-west distinction has been abolished. When a judge or prosecutor wants a titled position such as chief public prosecutor or high criminal court presidency, the evaluation will be made according to the score. We have completely switched to this system. We are very sensitive about complying with target times. We are now initiating disciplinary processes against our colleagues who do not comply with the target time. Of course, there may be excuses for our colleagues or reasons not originating from the judge themselves," he said.
Judge appointments will be made according to the effectiveness and efficiency of the judiciary
Stating that judge appointments will be made according to the effectiveness and efficiency of the judiciary, Minister Gürlek said, "In this context, we have put the Hello Justice 135 line into operation. Hopefully, it will serve across Turkey in October. Our citizens will be able to apply here regarding delayed files. We have also established our Hello Justice 135 liaison offices. When a citizen applies, the system will start working automatically. We are also benefiting from artificial intelligence in this process. If the file has not been finished within the target time, our commission president will meet with the relevant court judge and report the reason for the delay. There may be a lack of personnel or clerks, or too many files may have come to the court. These are acceptable reasons. However, if the delay originates from the judge themselves, or more clearly, from their laziness, the necessary process will begin. Both a disciplinary process will be operated, and the judge will not be able to be appointed to the place or position they want because they received a negative grade in promotions and appointments. We designed the appointment system this way from the very beginning. Our judges will be appointed, promoted, or brought to titled positions according to the effectiveness and efficiency of the judiciary. Thanks to the Hello Justice 135 line, they will find a contact person and will be given feedback on which stage their file is at, where it is, and why it is waiting," he said.
"We will bring the social media regulation to the parliament's agenda in October"
Stating that they will bring the social media regulation to the parliament's agenda in October, Minister Gürlek said, "We will bring the regulation known as the social media law, for which we have completed the preparations and shared with the public, to the agenda when the Parliament opens, hopefully in October. We attach great importance to this. Social media also needs to have rules. No one can assassinate someone else's reputation by opening a fake or anonymous account or create a perception with false information. We need to explain the sensitivity here correctly. It is not the case that an investigation will be conducted about everyone who opens an account on social media. We have determined catalog crimes in the new regulation. If one of these crimes is committed and the prosecutor's office or the court writes to our Cyber Security Presidency, information about the account holder will be sent. As long as the person does not commit a crime, they will not have any problems on social media," he said.
Stating that they will make a regulation regarding the identity verification method and the key model, Minister Gürlek continued his words as follows: "Our citizens are worried that if they provide their identity information when entering social media, their information will go abroad due to platforms whose servers are mostly abroad. There will be no such situation. The information will be entirely with our Cyber Security Presidency and will not come to the agenda unless a crime is committed. If one of the catalog crimes we listed is committed, it will be revealed who used the account upon the letter of the prosecutor's office or the court. The person does not have to open an account with their own name; they can use a nickname or a different username. What is important is that it can be intervened when a crime is committed. New-generation criminal organizations now use social media; they recruit members to their organizations from groups here, and give instructions and directives. We attach great importance to this. Our Ministry of Family and Social Services previously prepared a package regarding those under 15 years old, and the regulation passed the Parliament. We also hope to pass the package regarding those over 15 years old in October."
Judge-prosecutor appointments
Expressing that a distinction should be made between a working judge and a non-working one, Minister Gürlek expressed the following: "As in all professions, there was an east-west distinction for us as well. Those who did their eastern duty were appointed to the west. A system consisting of five regions was previously applied. For example, Istanbul is considered the west, and a person working in Istanbul would go to the east again later. This was not a fair system. We thought that a distinction should be made between a working judge and a non-working judge. We had established the Bureaus for Effectiveness and Efficiency of the Judiciary within the HSK (Council of Judges and Prosecutors). Our judges will receive points according to whether they finish their files within the target time and whether they make accurate decisions. These points will be evaluated in appointment or titled position processes. These are steps taken to increase the effectiveness and efficiency of the judiciary. Our colleagues are also quite satisfied with this system. Previously, when a judge wanted to be appointed to the west after completing their eastern duty, they could not be appointed to their first choice. Now they will know their score, and the score required for the place they want to go will also be clear. When they make a preference, if their score is sufficient, they will be appointed there. This is important in terms of transparency. The HSK clearly determining the principles and the separation of those who work from those who do not is also important in terms of the professional security of our colleagues."
"There are areas where artificial intelligence can and cannot be used"
Pointing out that there are areas where artificial intelligence can and cannot be used, Minister Gürlek said, "We are already using artificial intelligence in the field of law. As the Ministry of Justice, we have our UYAP (National Judiciary Informatics System) Judiciary Project, and we have established a unit working in the field of artificial intelligence within the scope of this project. Of course, there are areas where artificial intelligence can and cannot be used. A judge is a human being. They will see the defendant, look at the material evidence in the file, and make a decision according to their conscience. However, there are other areas where artificial intelligence can be used. It can facilitate the judge's, lawyer's, and citizen's access to law. For example, we have prepared a screen for our judges. When a judge enters a few words about the case before them, they can see precedent decisions; decisions of the Supreme Court and appellate courts. There are also areas open to the use of our citizens. When a citizen types a few words into the search engine, they can reach a petition example regarding the case they will file. Our lawyers can also benefit from artificial intelligence in the area defined for them in UYAP. We can also use artificial intelligence to see where the workload is in the judiciary and at what stage the courts are. For example, we can see in which labor court in Istanbul there is a file density or in which commercial court files are waiting and a decision has not been made within the target time. This is very important in terms of instant intervention," he said.
Minister Gürlek continued his speech as follows: "Artificial intelligence is a reality of the future and it has entered the field of law; it will continue to be used. However, since a judge has to make a decision according to their conscience, artificial intelligence cannot be used entirely as a decision-maker in law. As the Ministry of Justice, we are currently using artificial intelligence, especially in the UYAP field, and we also have a special unit we established in this field."
"Our goal is for the investor to have no question marks in their mind regarding the law in Turkey"
Expressing that they want the gains of investors to be protected in the field of law as well, Minister Gürlek said, "We attach great importance to the investor not having problems regarding the law when they come to our country; feeling legal security and predictability. We want the gains of the investor to be protected in the field of law as well. We have held constant meetings with our business people on this matter. Last week, we had a meeting with DEİK (Foreign Economic Relations Board). In the places we go, we come together with business people, non-governmental organizations, and opinion leaders. We want our investors' commercial cases, in particular, to be finished within the period. We want our business people, investors, and entrepreneurs to spend their time at the head of their work, not in courthouse corridors. We have made many regulations on this matter. As you know, the 12th Judicial Package was accepted in the Parliament. These were regulations aimed at accelerating the judiciary. Hopefully, the 13th Judicial Package will also come to the Parliament in October, and there will be some regulations there as well. In addition, there are studies we have done with the criteria determined by the Council of Judges and Prosecutors without requiring legal regulation. For example, there were intense criticisms that commercial cases were prolonged. We gathered all commercial courts in Istanbul under one roof. We selected commercial judges from among expert and qualified judges in their field. We determined the presidents of the commercial court from among judges who have been members of the commercial court for at least 10 years. Our goal is for the investor to have no question marks in their mind regarding the law when they come to Turkey. We attach importance to legal security and we do not want commercial cases to be prolonged. Our investors have complaints, especially regarding labor-employer cases. We are ready to do our part on this matter as well. If it is reform, reform; if it is law, law; we are trying to take every necessary step," he said.
"Our President gave important messages in his speech at the UN"
Stating that President Recep Tayyip Erdoğan gave a beautiful speech at the United Nations General Assembly, Minister Gürlek said, "Our President gave a very beautiful speech at the United Nations. He concluded it with the meaningful verses of Sezai Karakoç; he emphasized that the oppressed are not alone and are not silent. It was truly a very emotional speech. In addition to the Turkish delegation, other delegations also applauded. Our President truly proclaimed that he stands with the oppressed, just as he proclaims in every setting," he said.
Minister Gürlek continued his words as follows: "Justice in the world currently seems to be on the side of the strong. Whereas justice is an international concept and the law needs to work here. But unfortunately, there is an image as if whoever has the power has the justice. Our President emphasized this in his speech. He said that the oppressed also have rights and that their law needs to be protected. He also explains the injustice in the UN's own internal structure. He says, 'The world is bigger than five.' Although it is a very large structure, he says that five countries are in a decision-making position. I think these were important messages."
News Source: 12punto
