A report released by the Council of Europe’s anti-corruption group, the Group of States against Corruption (GRECO), today has revealed that Turkey’s level of compliance remains “globally unsatisfactory.”
GRECO released its interim compliance report regarding the Turkish legal framework to prevent corruption among members of the parliament, judges, and prosecutors, as well as their practicality.
The report finds that Turkey satisfactorily implemented only three of 22 anti-corruption recommendations. Of the remaining recommendations, nine have been partly implemented and 10 have not been implemented, according to the report.
GRECO concludes Türkiye’s overall compliance as “globally unsatisfactory”.
The report finds that of 22 recommendations, Türkiye has fully implemented only three, partially addressed nine, and left ten completely unaddressed. This assessment categorizes Türkiye’s overall compliance as “globally unsatisfactory” in line with GRECO’s rigorous standards.
Significant concerns include the need for more transparent legislative processes, the establishment of a comprehensive code of ethics for parliamentarians, and enhanced public consultation mechanisms.
Measures on preventing judicial corruption are insufficient
In the judicial sphere, the report underscores the critical need for reinforcing the independence of the High Council of Judges and Prosecutors and for instituting more stringent ethical conduct and integrity checks for judiciary candidates.
Judicial Ethics Declaration of 2019 made by the Turkish Court of Cassation is insufficient
GRECO emphasizes the necessity for evaluations of judges and prosecutors concerning their ethical conduct and integrity to be guided by precise and objective criteria, publicly accessible and in conformity with European standards. However, GRECO notes that the Turkish authorities’ responses mostly reiterate information from previous reports.
The report expresses disappointment over the continued reference to the Judicial Ethics Declaration of 2019 made by the Court of Cassation of Turkey, which GRECO already deemed insufficient in addressing specific recommendations.
For instance, recommendation XI, which calls for a clear code of ethics for judges, inclusive of practical examples for handling conflicts of interest and other integrity matters, remains partly implemented with a need for more detailed guidance.
Similarly, the recommendation for establishing a code of ethics for prosecutors, offering guidance on conflicts of interest and related matters, and making it accessible to the public for training purposes, is still only partly implemented.
Concerns also persist about the lack of clear rules or guidelines on recusal for public prosecutors, including mandatory reporting within the hierarchical structure of the prosecution service.
Concluding, GRECO asserts that Turkey’s current level of compliance with these anti-corruption measures remains “globally unsatisfactory.” This report serves as a critical reminder of the ongoing challenges in establishing robust anti-corruption frameworks and underscores the vital role of international monitoring bodies like GRECO in fostering transparency and accountability in governance systems.
Relevant: Scandals in the judiciary
In recent months, a series of revelations have come to public attention regarding corruption within the Turkish judiciary. These include the Chief Public Prosecutor of Ankara being bribed by a mobster, the Deputy Chief Public Prosecutor of Izmir extorting businesspeople under the threat of arrest, embezzling money from companies under his trusteeship, and most recently, mutual accusations of bribery, extortion, and abuse of office between the Chief Justice (Bekir Altun) and Chief Prosecutor (İsmail Uçar) of Istanbul, senior judge attending a birthday party of a fugitive who is on trial for murder, senior judge and prosecutor defrauding more than 250 individuals with the promise of recruiting them as an intelligence officer and so on.
And, authorities rather than effectively investigating these cases either prosecutes those expressing their concerns about these scandals or issues gag orders for cover up. House arrest of lawyer Eyup Akinci is the most recent example of this pattern.
Istanbul lawyer Akıncı faces prosecution over his tweet
Legal quagmire: Lawyer Eyup Akıncı’s comments on judicial corruption lead to his house arrest and Iidictment.
To read more click hereThe root of the problem: corruption and human rights abuses
The government’s efforts to cover up the corruption scandal of 2013 marked a turning point in this regard, leading to a widespread purge of the judiciary members and law enforcement agencies. This purge was driven by the realisation that the government’s objectives required the complicity of corrupt judges, prosecutors, and law enforcement officers. These officials were often enticed into corruption through various means, including salary increases, opportunities to purchase apartments at prices well below market value, and the practice of cronyism.
According to the United Nations report, there is a profound interplay between corruption and human rights abuses. Corruption not only instigates human rights violations but also significantly impedes the fulfilment of human rights obligations. From 2014, and more noticeably following the coup attempt in 2016, both corruption and serious human rights violations became increasingly routine, evolving into what can be described as an epidemic. This period saw a blurring of ethical lines and an erosion of legal and moral standards within the judicial system.
High-ranking officials, including Istanbul’s chief public prosecutor, who was appointed by President Erdogan, have acknowledged that judges and prosecutors, particularly those involved in the crackdown against opposition groups like the Gulen Movement, began to perceive themselves as creditors of the state.
This dangerous mindset justified their involvement in various illicit activities, seeing these actions as entitlements or rewards for their service in the government’s repressive campaigns. Such developments highlight a deeply troubling transformation within Turkey’s judicial system, where the pursuit of justice has been overshadowed by personal gain and political agendas.
Categories: Turkey Human Rights Blog