Justice Minister Tunç: Draft Legislation to Enhance Deterrence in the Works
Justice Minister Yılmaz Tunç addressed the issue of “perception of impunity” within society, highlighting the need for a draft legislation to increase deterrence. He emphasized, “We see that especially the lower limits of penalties lead to a perception of impunity. We have a draft work that will ensure deterrence in this regard.”
During his appearance at the Turkish Parliament’s Planning and Budget Committee, Tunç discussed the efforts made over the past 22 years to establish independent judiciary and ensure reliable justice. He mentioned the renewal of fundamental laws and ongoing amendments to legislation based on new needs.
With 25,000 judges and prosecutors in the judicial organization, Tunç highlighted the significant workload they face. He stated, “There are currently 11.845 pending cases in front of them. They have already issued decisions on 12.113 cases within this year. We see that they have made more decisions than the number of pending cases.”
Tunç stressed the importance of the three pillars of the judiciary – accusation, defense, and judgment – and the attention given to each area. He mentioned the importance of having legislation that meets the needs for justice to prevail. Tunç also noted that significant reforms have been made in this regard, with the completion of the Judicial Reform Strategy Document.
“INCREASED WORKLOAD REQUIRES MORE JUDGES AND PROSECUTORS”
Regarding the physical infrastructure of the justice system, Tunç highlighted the progress made in improving facilities, with the number of independent courthouses increasing from 78 to 379. Responding to criticisms about building grand courthouses without ensuring the availability of justice within, Tunç emphasized the importance of the human element in physical spaces. He also mentioned the need to increase the number of judges and prosecutors to match the growing workload, as Turkey has not yet reached the average number of judges and prosecutors in European Council countries.
“RULE OF LAW INDEX IS NOT BASED ON OBJECTIVE CRITERIA”
Discussing the World Rule of Law Index, Tunç pointed out that the index, created by a non-profit organization known as the World Justice Project, is not objective. He expressed concerns that Turkey’s reforms and practices are not accurately reflected in the index. Tunç emphasized the need for objective criteria in such assessments and highlighted the importance of donations for the organization’s work. He also noted that Turkey’s ranking in the index has not improved despite the country’s progress in the field of justice.
“IMPLEMENTATION OF AYM’S 101 VIOLATION DECISIONS”
Tunç addressed criticisms of Turkey’s compliance with decisions from the Constitutional Court (AYM) and the European Court of Human Rights (ECHR), stating that Turkey’s compliance rate with ECHR violation decisions is above the general average. He provided statistics showing a decrease in the number of violations against Turkey over the years and emphasized the importance of adhering to the ECHR decisions.
Regarding the implementation of AYM’s violation decisions, Tunç mentioned that out of the 101 decisions that were not executed, some were due to technical reasons. He highlighted the efforts made to ensure compliance with these decisions and the progress made in reducing violations over the years.
“DETERRENCE-FOCUSED DRAFT LEGISLATION”
In the context of breaking the perception of impunity in society, Tunç emphasized the need for reevaluation of certain laws. He discussed the draft legislation aimed at enhancing deterrence, especially in cases where the lower limits of penalties contribute to a sense of impunity. Tunç mentioned the possibility of introducing criteria related to the nature of the offense, the individual’s tendency to commit crimes, and the threat to public order to strengthen deterrence.
Tunç also addressed the issue of probation being set at a fixed one-year period for offenses below two years, which can contribute to a sense of impunity. He suggested that the Parliament could consider setting a period of imprisonment in cases where probation is granted, thus addressing concerns related to the perception of impunity.
Tunç’s statements at the Planning and Budget Committee covered various aspects of the justice system, highlighting the ongoing efforts to improve the judiciary and ensure justice prevails in Turkey.
