As the balloting to elect the new president of the Turkish Court of Cassation enters its 26th round without a conclusion, the high court nowadays seems to be more concerned about lobbying for the personal privileges of its members than actually delivering justice amidst a fierce power struggle between religious sects, political parties and ultra-nationalists.
Three candidates
The competition continues between three candidates: the incumbent President Mehmet Akarca, the President of the 3rd Criminal Chamber Muhsin Şentürk, and the President of the 3rd Civil Chamber, Ömer Kerkez. So far, however, no candidate has managed to secure the required 175 votes, and the election has turned into a battle to influence the Court of Cassation.
Şentürk – Akarca – Kerkez
Allegations of political interference
Allegations have surfaced suggesting that the Ministry of Justice intervened in favour of Muhsin Şentürk, who is the President of the 3rd Criminal Chamber, which reviews appeals applications in terrorism related cases. The chamber has recently ignored two binding decisions of the Constitutional Court ordering retrial and the release of Can Atalay, MP, lawyer and a defendant in the infamous Gezi Park trial. (See the video below about this crisis)
Prior to the local elections on March 31, the contest primarily centered around Akarca and Kerkez, with Şentürk trailing in third place. However, following the March 31 elections when the ruling Justice and Development Party (AKP) sustained its worst election defeat since its establishment, Şentürk’s votes surged significantly, propelling him to the top of the polls. According to insiders within the Court of Cassation, government backing played a pivotal role in this shift.
Rumours abound that President Erdoğan directly endorsed Şentürk’s candidacy in the Court of Cassation after the local elections. Additionally, it is alleged that a senior official from the presidency contacted certain Court of Cassation members to garner support for Şentürk. Minister of Justice Yılmaz Tunç is also accused of intervening, urging nationalist members of the Nationalist Movement Party (MHP), an election ally of the AKP, to vote for Şentürk. Deputy Justice Minister Akın Gürlek is similarly accused of lobbying Court of Cassation members in Şentürk’s favour, within the knowledge of Minister Tunç.
There are also claims that the increased public support for the main opposition Republican People’s Part (CHP), which emerged as the most successful party in the local elections, is being leveraged against members of the Court of Cassation. Speculation suggests that a similar scenario in the Court of Cassation elections could detrimentally impact positions held by the conservatives within the higher judiciary.
There are rumours circulating that if Kerkez assumes the Presidency of the Court of Cassation, government-aligned Court of Cassation members fear this may signal the onset of an anti-government period in the future.
Pressure on incumbent president Akarca
Pressure is purportedly being exerted on Akarca by the ruling AKP to withdraw his candidacy. It is suggested that the reason Akarca, previously elected with government support, is not favoured by the government this time is due to concerns that “he will act more independently since he has no aspirations for future positions and will not be compliant during this tenure,” as it is his final term.
“Election Promises”
As the crisis over the inconclusive elections at the top appeals court persists, the candidates try to swing the votes of their fellow Court of Cassation members in their favour via text messages. Muhsin Şentürk, President of the 3rd Criminal Chamber of the Court of Cassation and the judge who defied the law and ignored the constitutional Court’s Can Atalay verdict vows to uphold the honour and prestige of the judiciary and the Court of Cassation!
Promises of Şentürk: Increase in salaries, better pensions, holiday village, extension of tenure, beter catering service, diplomatic passport, mosque and flats
Deutsche Welle Turkish reported that Şentürk, possibly relying on his “endorsement” by the government, promises his colleagues higher salaries and better pensions.
For his younger colleagues, he promises to “endeavour to amend the existing legal restriction limiting membership to 12 years”, which he says jeopardises the institution’s collective memory. He also says he will increase the number of rapporteurs which of course will ease the caseload pressure on judges.
Şentürk additionally vows to defer the implementation of the controversial “Format for Writing Reasoned Decision,” previously initiated by the court’s president, Mehmet Akarca and revise it. What that means for the public is that judges would no longer be bound by any standard in reasoning their decisions at the expense of the public who desperately needs to see how justice is actually delivered.
Last but not the least!, Şentürk promises to increase the quality of food served at the court’s restaurants, introducing “à la carte” menu, and improving transportation for the judges.
He says he will ensure the judges will be issued diplomatic passports and the capacity and the facilities of “the Court of Cassation Holiday Village” would be increased.
Surely, he does not forget the pious members of the court as every vote now counts. In response to concerns regarding inadequate mosque facilities, particularly on Fridays, Şentürk pledged to resolve the issue. He even promises better housing for the judges with the help of government’s social housing contractor TOKİ.
Conversely, Ömer Kerkez, the candidate of the opposition, vows to foster a transparent and accountable leadership style, emphasising a solution-oriented approach to addressing challenges faced by the Court of Cassation. He promises an equal and inclusive work environment, devoid of marginalisation or gossip, and pledges to uphold the values of knowledge, seniority, and meritocracy within the institution.
As the balloting for the presidency of the Court of Cassation is likely to continue for many more rounds, the results will certainly determine much more than the quality of the court’s lunch menus. The question remains, however, whether the Court will finally stop playing to the tune of the government and redeem itself as a beacon of justice and rule of law.
Categories: Torture and Impunity, Turkey Human Rights Blog