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Questions About Turkish Justice

Semih Idiz writes about the state of judicial reform in Turkey.

A judge of the European Court of Human Rights reads the court's judgment on the case of former Ukrainian Interior Minister Yuriy Lutsenko against Ukraine in Strasbourg, July 3, 2012. Lutsenko currently detained in Kiev for embezzlement and abuse office, complains his detention were arbitrary and unlawful. REUTERS/Vincent Kessler (FRANCE - Tags: CRIME LAW POLITICS) - RTR34J6S
A session of the European Court of Human Rights, which has become a court of last resort for Turkish citizens despite efforts toward judicial reform, in Strasbourg, July 3, 2012. — REUTERS/Vincent Kessler

Judicial authorities in Turkey have always claimed to been sticklers for the rule of law. The quality of Turkish justice, however, has always been lacking, to put it mildly. Neither has the situation changed much under the ruling Justice and Development Party (AKP) led by Prime Minister Recep Tayyip Erdogan, even though it purports to be introducing “advanced democracy” to Turkey.

Erdogan’s own intolerance towards political opponents and detractors in the media is common knowledge at this stage. Meanwhile conservative prosecutors and judges, who also reflect a traditional intolerance in such cases, continue to interpret the Turkish penal code in the most draconian manner possible.

The latest example was reported on by the daily Hurriyet earlier this week. Two student protesters — Yildirim Beyazit Besim, 23, and Mert Deniz Ozkaya, 22 — are currently facing prison time for throwing darts at a picture of Erdogan. The prosecutor in the case, which is scheduled for June, is seeking a two-year prison sentence for the youths for “openly insulting a public official.”

In fact, the number of people charged, mostly under anti-terrorism legislation, for some “crime” that has a political angle, be they journalists, elected deputies, protesting students, human rights activists or environmentalists — with many languishing in prison — almost matches the number of people in a similar situation under military rule in Turkey in the past.

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