PERSONEL RIGHTS OF JUDGES AND PROSECUTORS AND PROBLEMS OF PROFESSIONAL ASSURANCE

26 Sep PERSONEL RIGHTS OF JUDGES AND PROSECUTORS AND PROBLEMS OF PROFESSIONAL ASSURANCE

The judiciary is independent and impartial. The fundamental basis of the independence and impartiality of judges and prosecutors who are members of the judiciary is their personal rights and professional guarantees. However, judicial independence and impartiality in our country remain, as a rule, in words and even in written texts. There may be many reasons for this situation, especially the disorder of legal culture. The power war over the judiciary, political calculations, holding power, being able to come or stay somewhere, getting rid of pressure, being out of control and out of sight, the desire of political power to intervene and direct, the lack of professional solidarity are just a few of these reasons. 1-The absence of objective and concrete criteria in the appointment of judges and prosecutors, as well as the disregard of the principle of “merit”, is an important problem that needs to be corrected as soon as possible. 2 – HSK makes the assignment’s own regulations do not apply, but yet the judges and prosecutors who missed time, “service requirement” (in fact the “service” concept, instead of another it would be more accurate to use the phrase, but I didn’t use it here) understood what it was like, that cannot be filled, with a justification and objectivity away from the decentralized allocation is incorrect (however, in determining a judge or a prosecutor is made up of five geographic regions in the first region and the second region is at least seven years should be able to stay for at least five years). Regardless of whether it is called a judge or a legal judge, a place, authority and file security should be provided for judges and prosecutors. 3-The fact that the regions are unequal in themselves. For example, it is wrong to accept Bodrum and Marmaris, Kars and Van as the second regions; Izmir and Ankara, Sivas and Elazig as the first regions. 4-Files should not be affected by the constant change of powers through appointments, changes in powers or laws. 5-Injustice committed on promotion accounts. In the promotion accounts made every three years in the first five promotions held in two years, in the sixth and subsequent promotions; At least eighty percent of the files are required to be decided. Eighty percent of accounts have been accepted at the same rate for files covering more than one year, the same for one year. In addition, decision-making can be achieved by considering performance and promotion as criteria and making merging and separating decisions without entering into the basis of the work. 6-The salaries of judges and prosecutors will be indexed to the highest civil servant and the salaries of judges and prosecutors will melt over time by not raising the salary of the highest civil servant. However, the most important guarantee of judicial independence and impartiality is the financial facilities and guarantees that will be provided to judges and prosecutors. In a situation where justice is considered the basis of property and there is a need for bread, water and air, the fees to be paid to members of the judiciary acting in the name of justice should be at the highest level. A member of the judiciary, as the saying goes, should be able to carry out his professional activities without thinking about the end of the month and without economic difficulties, that is, he should not have financial anxiety. This also ensures that everyone who acts on behalf of the nation has confidence in the judiciary and believes in the impartiality of the judiciary. 7-Geographical coverage must be brought necessarily, judges and prosecutors should not be sent from there to there with decisions that contain subjective justification and even without justification. In this context, we would also like to state that HSK should open decisions related to geographical coverage to judicial review. A strange situation such as the inability of members of the judiciary, who protect the right of the nation and individuals and resolve disputes, to exercise the freedom dec seek rights in matters that concern them, cannot be explained. 8-With the difficulties accepted in collecting evidence by Law No. 6526 and the problems arising in the courts and judges organized by Law No. 6545 should not be ignored, and further deconstruction of the judiciary and justice should be prevented. Piecemeal law changes that return to the puzzle board and become increasingly unsystematic instead of getting a system, increasing the feelings of professional reluctance and hopelessness of judicial members, should be abandoned, and the judiciary should be shaped according to the nation, material truth and justice, not the judiciary according to political accounts and power. Your court – my day in court, a judge – my judge, your attorney – in my Prosecutor, it is possible the adoption of non-judicial Union, judicial independence and impartiality of fear dominates a completely wrong understanding and the community in a situation where it is clear that we cannot talk of justice and social order. 9-In the election of HSK members, it is necessary to urgently switch from the application of block voting, sheet list to the procedure for each voter to vote for a candidate. Otherwise, the increasing blockage will become dangerous, politicization, expectations of those who are on the side of the winner and professional inconveniences will be inevitable for those who take a stand for the loser. It is also unlikely that this procedure, which serves for dissociation and decadence, can be eliminated between elections held every four years. 10-HSYK is not a board that has been established with the purpose of” let’s fulfill whoever has a request ” and produces services in this direction. In particular, it will be appropriate for HSK to pass to objective criteria applied equally to each judge and prosecutor in place, authority and disciplinary decisions and to act according to these criteria in all cases. 11-In the distribution of powers and files, professional knowledge and especially experience must be observed. The fact that a newly appointed young judge is assigned to about 700 file dependents can lead to serious problems both for the judge and for justice. 12-The issue of increasing the number of judges and prosecutors, improving their qualifications, reducing the workload, judicial unity, switching to a specialized court system that conducts trials with the same procedures and principles should also be taken into account.