Turkish Parliament approves controversial bill tightening up gov't grip on judicial body
Ali Ihsan Köktürk, lawmaker from the main opposition Republican People's Party (CHP), got a bloodied nose in the brawl, while ruling Justice and Development Party's (AKP) lawmaker Bayram Özçelik's finger was broken, Feb. 15. AA photo
Turkey's parliament approved a law potentially increasing government control over the appointment of judges and prosecutors on Feb. 15, with lawmakers violently scuffling over the contested reforms introduced amid a major graft scandal.
Fighting erupted overnight with fists flying in the air between ruling party and opposition lawmakers as the bill was debated in a marathon 20-hour session.
Ali Ihsan Köktürk, lawmaker from the main opposition Republican People's Party (CHP), got a bloodied nose in the brawl, while ruling Justice and Development Party's (AKP) lawmaker Bayram Özçelik's finger was broken.
Köktürk had denounced the bill, charging that one of the most controversial articles in the reform package, giving the justice ministry greater sway over the Supreme Board of Judges and Prosecutors (HSYK), was "unlawful".
The measures were passed on Feb. 15 morning with 210 votes in favour and 28 against.
Parliament had resumed debate of the bill Feb. 14 despite an uproar from opposition parties and the international community who warned it threatened the independence of the judiciary in the European Union hopeful country.
Last month, President Abdullah Gül stepped in to resolve the deadlock by pushing for the judicial reforms to be passed as constitutional amendments, which would require cross-party support.
But the president's initiative failed after disagreements between ruling and opposition party lawmakers.
The reforms were adopted with the country in deep political turmoil after a corruption probe launched on December 17 targeted top political and business figures close to the government.
The scandal involving allegations of bribery for construction projects as well as illegal gold trade with sanctions-hit Iran via the state-run Halkbank marks the biggest challenge yet to Prime Minister Recep Tayyip Erdoğan ahead of March local elections.
Erdoğan has accused a "parallel state" connected to the movement of U.S.-based Islamic scholar Fethullah Gülen of orchestrating the graft probe.
The law now awaits the president's signature to come into force. The opposition CHPhad previously said it would appeal the law at the top Constitutional Court.
The judicial reform had also been criticized by top EU officials, but Erdoğan had given "reassurances" over the respect of the rule of law during a visit to Brussels last month.
February/15/2014
Ali Ihsan Köktürk, lawmaker from the main opposition Republican People's Party (CHP), got a bloodied nose in the brawl, while ruling Justice and Development Party's (AKP) lawmaker Bayram Özçelik's finger was broken, Feb. 15. AA photo
Parliament gives government more control over judiciary
Turkish legislators from the ruling AK Party and the main opposition CHP brawl during a tense all-night debate over a controversial law on changes to a council that appoints and overseas judges and prosecutors, in Ankara, early Saturday, Feb. 15, 2014. (Photo: Reuters)
15 February 2014 /TODAYSZAMAN.COM WITH WIRES, İSTANBUL
Turkey's parliament approved a law giving the government more control over the appointment of judges and prosecutors on Saturday, after heated debate and a brawl in which an opposition member of parliament was hospitalized.
The decision to approve the law came after a night of heated debate and a brawl that left one opposition member of parliament with a bloody nose. Media reported that Ali ihsan Kökturk, deputy for the main opposition Republican People's Party (CHP), was hospitalized with a broken nose.
The debate lasted from 1400 (1200 GMT) on Friday and finished at 1000 on Saturday, with 210 members voting in support of the bill and 28 voting against.
On Friday, the ruling Justice and Development Party (AK Party) government reintroduced to Parliament its plans to restructure the Supreme Board of Judges and Prosecutors (HSYK), the country's key judicial body that is responsible for the appointment and promotion of judges and prosecutors. A bill drafted by the ruling party to this end was opened to a vote in Parliament in January. However, after its 21 articles were approved by Parliament, the bill was suspended on Jan. 24. The AK Party said it had a mandate to bring the bill back onto Parliament's agenda whenever it deemed it necessary.
The HSYK bill has been vehemently criticized by opposition parties, who claim that the bill, which gives the executive a much tighter grip on the judiciary, would do away with judicial independence. If enacted, the bill also allows the justice minister to initiate disciplinary procedures for HSYK members and envisages the firing of all administrative staff, including the secretary-general and his deputies.
The change represents a major regress from a government-backed constitutional referendum in 2010 which brought a more democratic and pluralistic structure to the HSYK, where most members are elected by their own community of some 12,000 judges and prosecutors.
The main opposition Republican People's Party (CHP) announced on Friday that it will appeal the HSYK bill in the Constitutional Court if it is approved in Parliament. The party said it will not wait for the legislation to make its way into the Official Gazette for its appeal.
Parliament gives government more control over judiciary
Turkish legislators from the ruling AK Party and the main opposition CHP brawl during a tense all-night debate over a controversial law on changes to a council that appoints and overseas judges and prosecutors, in Ankara, early Saturday, Feb. 15, 2014. (Photo: Reuters)
15 February 2014 /TODAYSZAMAN.COM WITH WIRES, İSTANBUL
Turkey's parliament approved a law giving the government more control over the appointment of judges and prosecutors on Saturday, after heated debate and a brawl in which an opposition member of parliament was hospitalized.
The debate lasted from 1400 (1200 GMT) on Friday and finished at 1000 on Saturday, with 210 members voting in support of the bill and 28 voting against.
On Friday, the ruling Justice and Development Party (AK Party) government reintroduced to Parliament its plans to restructure the Supreme Board of Judges and Prosecutors (HSYK), the country's key judicial body that is responsible for the appointment and promotion of judges and prosecutors. A bill drafted by the ruling party to this end was opened to a vote in Parliament in January. However, after its 21 articles were approved by Parliament, the bill was suspended on Jan. 24. The AK Party said it had a mandate to bring the bill back onto Parliament's agenda whenever it deemed it necessary.
The HSYK bill has been vehemently criticized by opposition parties, who claim that the bill, which gives the executive a much tighter grip on the judiciary, would do away with judicial independence. If enacted, the bill also allows the justice minister to initiate disciplinary procedures for HSYK members and envisages the firing of all administrative staff, including the secretary-general and his deputies.
The change represents a major regress from a government-backed constitutional referendum in 2010 which brought a more democratic and pluralistic structure to the HSYK, where most members are elected by their own community of some 12,000 judges and prosecutors.
The main opposition Republican People's Party (CHP) announced on Friday that it will appeal the HSYK bill in the Constitutional Court if it is approved in Parliament. The party said it will not wait for the legislation to make its way into the Official Gazette for its appeal.
Turkish Lawmaker Gets A Bloody, Broken Nose After Huge Brawl Breaks Out In Parliament
REUTERS/Stringer
ANKARA (Reuters) - Turkey's parliament approved a law boosting government control over the appointment of judges and prosecutors on Saturday, after a heated debate and a brawl that left one opposition lawmaker hospitalized.
Dozens of MPs broke into fights during the tense 20-hour debate and insults flew across party lines. When an opposition deputy called Prime Minister Tayyip Erdogan a dictator, deputies from the leader's party shouted back "are you drunk?"
The battle for control of the Higher Council of Judges and Prosecutors (HSYK), which appoints senior members of the judiciary, lies at the heart of a feud between Erdogan and influential U.S.-based cleric Fethullah Gulen.
Gulen, whose followers say they number in the millions, is believed to have built up influence in the police and judiciary over decades and leads a powerful worldwide Islamic movement from a forested compound in the United States.
Erdogan, head of the ruling AK Party, blames him for unleashing a corruption investigation he sees as an attempted "judicial coup" designed to undermine him in the run-up to local and presidential elections this year.
Opposition parties said the HSYK bill aimed to stifle a graft investigation launched on December 17 in which dozens of prominent business people, the sons of three cabinet ministers, and state officials were questioned.
"The government is in a great hurry, this shows how deep the corruption and bribe allegations are," Oktay Vural MP for the Nationalist Movement Party (MHP) said.
"They are trying to pass a law which will increase the grip of the execution on judges and prosecutors in such a hurry and with unlawful means," he added.
Government supporters say the HSYK is dominated by Gulen sympathizers and the bill will strengthen, not weaken, judicial independence. Gulen has denied orchestrating the corruption investigation.
BLOODY NOSE, BROKEN FINGERS
The decision to approve the HSYK law came after a night of fierce debate and a brawl which left one opposition member of parliament with a bloody broken nose requiring hospitalization and an AKP deputy with broken fingers, local media reported.
The bill had been frozen since early January, when the last debate on it resulted in fist fights in Parliament and mass protests outside [ID:nL6N0KL0B9]. Erdogan vowed to push on, denying he was trampling on the constitution as the government faces one of the biggest challenges of his 11-year rule.
Since the graft scandal erupted late last year, the government has reassigned or dismissed thousands of police officers and hundreds of judges and prosecutors in what was widely seen as retaliation and a bid to impede investigations.
Details of the corruption allegations have not been made public, but are believed to relate to construction and real estate deals and Turkey's gold trade with Iran, according to Turkish newspaper reports that cite prosecutors' documents.
The HSYK debate lasted from 1400 (1200 GMT / 7:00 AM EST) on Friday and finished at 1000 on Saturday, with 210 members voting in support of the bill and 28 voting against. Many MPs slept through parts of the debate.
CHP had said on Thursday it would appeal the bill in the Constitutional Court if it was approved in parliament.
"If you accept this law, soon you will be repealing the constitution," CHP MP Akif Hamzacebi said during the debate.
"This cover-up of the allegations of corruption and bribery today has dealt a big blow to democracy and freedom."
The Erdogan-Gulen power struggle has highlighted fractures in the religiously conservative support base underpinning Erdogan's decade in power.
The feud has shaken markets, helping drive the lira to new lows, and prompted expressions of alarm from Washington and Brussels about threats to the credibility of the legal system.
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