PERSONAL RIGHTS AND PROFESSIONAL ASSURANCE PROBLEMS OF JUDGES AND PROSECUTORS

The judiciary is independent and impartial. Personal rights and professional guarantees constitute the fundamental basis of the independence and impartiality of judges and prosecutors who are members of the judiciary. However, in our country, the independence and impartiality of the judiciary generally remain in words and even in written texts. There may be many reasons for this situation, especially legal culture disorder. Power struggle over the judiciary, political reckoning, holding power, getting or staying somewhere, getting rid of oppression, being out of control and out of sight, the political power’s desire to intervene and direct, lack of professional solidarity are just a few of these reasons. Personal rights and professional guarantees of judges and prosecutors should definitely be improved; 1- The absence of objective and concrete criteria in the appointment of judges and prosecutors and the disregard for the principle of “merit” is an important problem that needs to be fixed as soon as possible. 2- Judges and prosecutors, whose terms have not yet expired, but who have not implemented the Assignment Regulation issued by the HSK itself, cannot be understood, filled and filled, such as “need for service” (actually, it would be more appropriate to use another phrase instead of the concept of “service”, but I did not want to use it here). It is wrong for him to leave his place for an objective reason (however, in a geographical designation consisting of five regions, a judge or prosecutor should be able to stay for at least seven years in the first region and at least five years in the second region). Whether it is called natural judge or statutory judge assurance, place, authority and file assurance should be provided for judges and prosecutors. 3- Regions are not equal within themselves. For example, Bodrum and Marmaris and Kars and Van are the second region; It is wrong to accept İzmir and Ankara, Sivas and Elazığ as the first region. 4- Your powers; The files should not be influenced by appointment, changes in authority or constantly changing them through laws. 5- Injustice in promotion accounts. In the promotion calculations made every two years for the first five promotions, and every three years for the sixth and subsequent promotions; At least eighty percent of the files are sought to be resolved. Eighty percent is accepted at the same rate for one year and the same rate for files covering more than one year. In addition, making the decision the criterion of performance and promotion can also be achieved by making merge and separation decisions without going into the work itself. 6- As the salaries of judges and prosecutors are indexed to the highest civil servant and the salaries of the highest civil servants are not increased, the salaries of judges and prosecutors decrease over time. However, the most important guarantee of the independence and impartiality of the judiciary is the financial means and guarantees to be provided to judges and prosecutors. In a situation where justice is considered the basis of property and is a need such as bread, water and air, the wages to be paid to the members of the judiciary acting in the name of justice should be at the highest level. A member of the judiciary, so to speak, should be able to carry out his professional activities without thinking about the end of the month and without financial difficulties, that is, he should not have financial concerns. At the same time, this ensures that everyone has confidence in the judiciary acting on behalf of the nation and believes in the impartiality of the judiciary. 7- Geographical guarantee must be brought, judges and prosecutors should not be sent from place to place with decisions that contain subjective or even no justification. In this context, we would like to express that the decisions of the HSK concerning the geographical guarantee should be opened to judicial review. It cannot be explained that the members of the judiciary, who protect the rights of the nation and individuals and resolve disputes, cannot use their right to seek justice in matters that concern them. 8- The difficulties accepted in the collection of evidence by Law No. 6526 and the problems arising in courts and judgeships regulated by Law No. 6545 should not be ignored, and further deterioration of the judiciary and justice should be prevented. The piecemeal changes in the law, which have become a puzzle board and become increasingly unsystematic instead of attaining a system, which increase the professional reluctance and hopelessness of the members of the judiciary, should be abandoned, and the judiciary should be shaped according to the nation, material truth and justice, not the judiciary based on political calculations and power. Your court – my court, your judge – my judge, your prosecutor – my prosecutor, it is clear that justice and social order cannot be talked about in a situation where an understanding and fear that is unacceptable and completely contrary to judicial unity, judicial independence and impartiality prevails in society. 9- In the election of the members of the HSK, it is necessary to immediately switch from the block vote and sheet list application to the procedure where each voter votes for a candidate. Otherwise, the increasing blockade will become dangerous, politicization, the expectations of those who take the side of the winner, and professional discomfort for those who take a stance on the side of the loser will be inevitable. It is also unlikely that this method, which serves to segregation and resentment, can be abolished between elections held every four years. 10- HSYK said, “If anyone has a request, come.It is not a board that was established with the aim of “Let’s fulfill our goals” and that produces services in this direction. It would be prudent for the HSK to adopt objective criteria that apply equally to every judge and prosecutor, especially in decisions of place, authority and discipline, and to act in accordance with these criteria in any case. 11- Professional knowledge and especially experience must be taken into account in the distribution of authority and files. Making a newly appointed young judge responsible for looking after around 700 files may cause serious problems both for the judge and for the justice. 12- The issue of increasing the number of judges and prosecutors, improving their qualifications, reducing the workload, uniting the judiciary, and switching to a specialized court system that conducts judgments with the same procedures and principles should also be taken into consideration.