Prosecutor’s offices requested to inform ministry about trials for ‘insulting President’
* Photo: Justice Ministry / Twitter
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Ministry of Justice has sent an instruction to prosecutor's offices and requested that the offices inform the Ministry about the results of the trials as per the Article 299 of the Turkish Penal Code (insulting the President) and Article 301 of the Turkish Penal Code (degrading the nation, state of the Republic of Turkey, the organs and institutions of the state).
As reported by Hüseyin Şimşek from daily BirGün, the Justice Ministry's Directorate General for Penal Affairs has requested information regarding the trials as per the law articles usually used for penalizing the opposition, especially the trials for "insulting the President."
The Directorate has also demanded information as to whether there are any appeals if a decision of non-prosecution was given by the prosecutor's office and whether these appeals have been finalized or not.
'How can this judge give an independent judgement?'
Commenting on the issue, main opposition Republican People's Party (CHP) Vice Chair responsible for Legal and Electoral Affairs Muharrem Erkek has underlined that this recent practice of tracking the trials as per the Articles 299 and 301 of the Turkish Penal Code (TCK) has destroyed the already-nonexistent judicial independence in Turkey:
"Even if it is regarded as a normal proceeding, how can a judge not come under pressure while hearing a case or when he or she will do so in the future? How can this judge give a judgement independently?
"If the government aims to establish an impartial and independent judiciary, then it must act accordingly. Because justice is more about action than words. The judiciary is under a heavy civilian tutelage. This mindset cannot introduce a reform. The aim of this instruction is to tell the judge and the prosecutor, 'We are after you, we follow you closely.'
"A system where the law does not operate and rulings are given according to the phone calls from the palace is not enough for the government any more. They are now also speaking softly, but carrying a big stick in treating the judges and prosecutors who abide by the law." (HA/SD)