ANKARA
Turkey's main opposition party, the Republican People's Party (CHP) has filed another appeal to Turkey’s Constitutional Court to annul the newly-adopted draft law that aims to restructure the country's top judicial body.
The Group Deputy Chairman of CHP Akif Hamzacebi who filed the appeal told press that they are pleading for abolishment and stay of execution for the 23 articles of the 46-article law on the Supreme Board of Judges and Prosecutors (HSYK).
Hamzacebi claimed that the new law contradicts with the 159th article of the Constitution which says "The Supreme Board of Judges and Prosecutors (HSYK) is founded on the basis of independence of courts, and tenure of judges."
"The new law puts under the order of the Justice Minister. It is apparently contrary to the principle of separation of powers, and to the principles of independence of courts, and tenure of judges," he said.
The law was published in the Official Gazette earlier on Thursday after its ratification by Turkey’s President Abdullah Gul.
CHP appealed to the Constitutional Court on February 19 for the abolishment of the newly-passed HSYK bill, which has caused tension between Turkey's leading political parties.
On Feb 21, the Constitutional Court rejected the first appeal from the main opposition party, saying that it was not yet published in the Official Gazette.
Gul approved the judiciary bill on Wednesday which aims to restructure the judicial board that governs the affairs of judges and prosecutors. Gul signed the bill into law and said that the Constitutional Court will review the controversial points.
The newly-approved bill will transfer some of the powers of the country's top judicial body - known as the HSYK - to its chairman, Turkey’s justice minister.
It also allows Turkey’s government to have more control in the training of judicial officials by transferring the training activities from the judicial board to the Turkish Justice Academy, whose members will be chosen by the Justice Ministry.
In addition, the law gives more rights to the Justice Minister over the judicial body, and allows the undersecretary of the Ministry of Justice to be elected as Chairman to the HSYK.
The HSYK Inspection Council now operates on behalf of the board under the governance of the Justice Minister. The Justice Minister will be given the power to appoint the president and the vice president of the inspection board.
In addition, the existing tenures of the secretary general, deputy secretary-generals, inspection board presidents, and inspection board vice-presidents, inspectors, investigating judges, and administrative staff will end. New holders of these positions will be appointed by Turkey’s justice minister within 10 days, three weeks before the country’s local elections.
englishnews@aa.com.tr
