Question on secret witnesses in Parliament: Yılmaz Tunç responds for the first time

DEM Party Kocaeli MP Ömer Faruk Gergerlioğlu has brought the recent increase in secret witness practices to the agenda of the Grand National Assembly of Turkey (TBMM). In a parliamentary question submitted to the Speaker of the Parliament, Gergerlioğlu posed four critical questions for Minister of Justice Yılmaz Tunç to answer.

“A PRACTICE THAT SHOULD BE AN EXCEPTION HAS BECOME ROUTINE”

Explaining the reasoning behind his observations, Gergerlioğlu reminded that secret witness testimony is an exceptional form of evidence under the legal framework. However, noting that this method has turned into an ordinary judicial tool in recent years, Gergerlioğlu stated the following:

“In criminal procedure law, secret witness testimony is a method that can only be resorted to if there is a serious danger to the life of the witness or their relatives and if it is supported by concrete justifications. However, this practice has now become a tool that weakens the right to defense and, in some cases, has become almost the sole basis for conviction.”

FOUR-QUESTION MOTION: ARE CONSTITUTIONAL COURT AND ECHR DECISIONS BEING IGNORED?

Citing decisions by the Constitutional Court (AYM) and the European Court of Human Rights (ECHR), Gergerlioğlu asked the following questions:

How many criminal investigations across Turkey have utilized secret witness testimony between 2010 and 2025?

What is the number of cases that resulted in conviction based solely on secret witness testimony?

Is the Ministry of Justice planning any administrative or legislative regulations in line with the violation decisions of the Constitutional Court and the ECHR regarding secret witness practices?

What special measures are taken in trials involving secret witnesses to protect the right to defense?

YILMAZ TUNÇ RESPONDS 

Responding to the motion, Minister of Justice Yılmaz Tunç stated that the judiciary is independent and impartial, and that the evaluation of evidence belongs to judicial authorities.

Regarding the question of whether there is data on secret witness testimony, Tunç responded with the following statement:

“Our Ministry does not possess information regarding the matters mentioned in the parliamentary question, which fall within the scope of judicial activities.”

News Source: 12punto