How was the judiciary destroyed?

19 Kasım 2023 Pazar

Murderers and rapists roam free, innocents are imprisoned, public outcry grows; how did the judiciary come to this state?

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It's a universal habit of dictatorships to carry out 'Regime Coups' through the army and/or via the mechanisms of the Parliament and judiciary.

Historical examples certainly include pre-World War II Germany, Italy, and Japan.

The most recent example occurred in Iran in 1979.

After the fall of the Shah's regime, overthrown by the alliance of Communists and Islamists, Khomeini's courts took over and hanged Communists and secularists on the streets using cranes.

In this operation, a judge nicknamed 'The Executioner' played the biggest role:

Those interested can read my article on Judge Muhammed Sadık, the Executioner, who is said to have personally carried out some executions with a machine gun, on my website.

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Turkey, with the Republican Revolution and Atatürk's Reforms, the trial of a Multi-Party Regime, and the 1961 Constitution, shone like a star in the Islamic World with a Constitution that states 'Democratic Secular and Social State under the Rule of Law'.

Indeed, the AKP/Erdoğan/Cemaat alliance came to power with promises of 'Advanced Democracy'.

But once in power, they destroyed the Democratic Regime, including the judiciary:

1) The independence of the judiciary, which should have been maintained, was compromised by the referendum of September 12, 2010, contrary to the spirit, philosophy, and wording of the Constitution.

2) With the referendum of April 16, 2017, conducted contrary to the Constitution in both spirit and law, and with irregular vote counting, institutions like the Constitutional Court, Supreme Court of Appeals, Council of State, Supreme Election Board, and Judges and Prosecutors Council were placed under the President’s command.

3) The President openly opposed court decisions he disliked and influenced their implementations.

4) Numerous laws underwent modifications using ambiguous language, such as the notion of 'affiliation with a terrorist group without actual membership,' which opened the door to indiscriminate accusations; furthermore, the practice of using anonymous witnesses, often misused, was implemented.

5) Accusations of insulting the President were used to stifle criticism.

6) Although trials without detention were the norm, the practice of 'arrest first, then trial' was introduced through Peace Criminal Judgeships.

7) In significant cases, both the courts where the cases were heard and the prosecutors and judges in courts that appeared not to decide in favor of the government were changed, even while the trial was ongoing.

8) Prosecutors and judges who obeyed the government were rapidly promoted, while those who didn’t were immediately transferred and punished.

9) Now, a fictitious and unconstitutional conflict has been created between the Constitutional Court and the Supreme Court of Appeals, consisting entirely of judges appointed by the government, and based on this, preparations for a new constitution have begun.

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As authoritarian rulers impoverish and oppress the people with corruption and pressures, and as they destroy justice, public backlash increases. In response to this backlash, they demand more authority and means of oppression...

And as they gain these, their power grows, condemning the country to an even deeper darkness!


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