Turkish Constitutional Court Decisions And Criminal Complaints: A Threat To Justice? – OpEd


The Constitutional Court, a crucial institution for the rule of law and the justice system in Turkey, oversees the legal order and the enforcement of the constitution. However, criminal complaints that have recently surfaced concerning the decisions of the Constitutional Court might pose a threat to the independence and effectiveness of this vital institution.

The problem arises from criminal complaints filed against the members of the Constitutional Court due to their decisions. Such actions undermine the independence of the court members and their ability to make decisions freely. A judge makes court decisions conscientiously and in accordance with the law. However, resorting to criminal complaints could endanger the fundamental principles of the law.

Criminal complaints aim to accuse court members without a concrete criminal element solely based on the decisions they make. This could violate the right to a fair trial and threaten the independence of the courts. Each court decision is based on the parties’ arguments, legal points, and evidence, ensuring compliance with laws and the constitution. If the court members make a decision contrary to these fundamental principles, it should be addressed within the justice system.

However, the problem with criminal complaints might stem from targeting decisions for political or personal reasons. This means the judiciary might become susceptible to political influence. Judicial independence is a cornerstone of a democratic society. If the courts are subjected to political or personal pressures, it could threaten the healthy functioning of democracy.

In conclusion, criminal complaints against the decisions of the Constitutional Court could indicate a serious problem. Preserving judicial independence and the primacy of justice is an indispensable requirement for a democratic society. Judges can be criticized lawfully for their decisions, but criminal complaints should not be solely used to attribute reasons for these decisions. Otherwise, the judicial system might face a significant risk, undermining the rule of law.

Haluk Direskeneli

Haluk Direskeneli, is a graduate of METU Mechanical Engineering department (1973). He worked in public, private enterprises, USA Turkish JV companies (B&W, CSWI, AEP, Entergy), in fabrication, basic and detail design, marketing, sales and project management of thermal power plants. He is currently working as freelance consultant/ energy analyst with thermal power plants basic/ detail design software expertise for private engineering companies, investors, universities and research institutions. He is a member of Chamber of Turkish Mechanical Engineers Energy Working Group.

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