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THE JUSTICE A POWER
The AKP aims to curb every threat to itself, beginning with the law concerning party closure. To conceal its intents it turns realities upside down. Sukran Soner assesses that when a person loses all senses of shame, his ability of engaging in demagogy improves. The AKP argues that making a constitution is the job of parliament, as if anybody was defending the opposite. Yet, the rules of forming a democratic constitution are more than that...
The AKP aims to curb every threat to itself, beginning with the law concerning party closure. To conceal its intents it turns realities upside down. Sukran Soner assesses that when a person loses all senses of shame, his ability of engaging in demagogy improves. The AKP argues that making a constitution is the job of parliament, as if anybody was defending the opposite. Yet, the rules of forming a democratic constitution are more than that... The party in power getting hold of the institutions, which are supposed to be autonomous, the principle of separation of powers being violated, congressmen of majesties, presidency chair, YOK, private judiciary… I thought that these fake democrats would have a hard time in their endeavor of taking over the Supreme Court. I was wrong; when a person loses all senses of shame, it seems that his ability of engaging in demagogy improves… In order to deny the fact that “AKP’s constitution draft contradicts with the must-have principles of independence of the judiciary and EU criteria”, they do everything possible, using demagogy… HSYK Deputy Chairman Ozbek, after emphasizing that the AKP’s constitution draft has a nature of destroying the independence of the judiciary, showed the protest of resignation of lawyers and jurists in Pakistan as an example of resistance… They claim a shameful example from the September 12th period in order to target high judiciary institutions and lawyers… It’s true; in the most oppressive period of military power after September 12th, the image of members of the Constitutional Court bowing in front of the Council members accompanied by the “Beethoven's 5th Symphony (in Turkish labeled the Fate symphony)", was very shameful and unnerving for the legal system as well as democracy. On the night of this day, a very important scientist Prof. Oztekin Tosun called me at home. His words are still in my mind: “Sukran, I’m very upset. I wanted to share my desolation with you. Our people couldn’t live through the real, the long-term democracy; couldn’t pass the democracy exam. Even if it was very degenerated, they enjoyed voting in return for having water and roads. Democracy should somehow be engraved in their minds. These days can't go on like this…” He assessed... *** Our people couldn’t learn about the real democracy, but only enjoyed going to the ballot boxes. With a cunningness that would turn to their disadvantage, 92 % voted “yes” to the September 12th Constitutional Law, thinking they would fasten the election process… The left, which had to pay a great price, trade unions, political, media-related, social non-governmental organizations, putting aside the intellectuals, all people were smashed during the September 12 period. The exam grade of the majority of people was a big zero. We can understand the fear; but laudatory, neoliberal policies, imperial benefits, surrendering to the instructions are disgraceful. Now, while everyone is trying to pass a “the pot calls the kettle black” type of exam, supporting the AKP’s efforts of getting hold of the judiciary is an ugly game, a demagogy! With the constitution draft, there is no way of defending the Erdogan government with clichés such as “human rights, democracy, and expansion”. It aims to capture the judiciary completely, beginning with the issue of party closing, it wants to curb all institutions that pose a threat. The only working method they use is confusing minds with cheap demagogy. The most argued upon subject that turns all truth upside down, is the fact that making a constitution is the job of the parliament… As if there were anyone defending the opposite. When constitutions are formed by democracies and not coups, not only the parties inside the parliament, but also outside the parliament as well as social organizations must all be taken into account. The independence of the judiciary, the law, human rights, democratic criterias, considering the leading opinions of the judicial institutions is the rule of forming a democratic constitution; it is not their job to criticize the higher judicial institutions' concerns or to stand against the will of the assembly. The most effective recent image, which shows what kind of lawyers and judicial system the AKP wants is the photograph of an Ankara prosecutor beating up a police woman by holding her neck and shouting “This is not a support meeting for YARSAV.” Later on, not the prosecutor but the policewoman that asked him to leave the room was fired. Can there be any other example of the kind of legal system the AKP wants? CUMHURİYET
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