Erdoğan’s ‘New Turkey’ strives to curb judiciary

Attention in Turkey will now focus on the Sept. 12 elections for members of the Supreme Board of Judges and Prosecutors (HSYK), which oversees appointments and dismissals and conducts investigations in the judiciary.

In view of all that has been transpiring in this country since Ergenekon, the Balyoz cases and the Dec. 17 and 25 of 2013 corruption probes, which implicated the government, it is not hard to see why these elections are crucial.

Ten of the 22 members of the HSYK will be elected by judges and prosecutors across the country. The rest will be appointed by the president, Court of Cassation (Yargıtay), Council of State (Danıştay) and the Justice Academy. The minister of justice and his deputy are automatic HSYK members.

There are three groups running in the elections. These are the pro-government “Unity in the Judiciary” list, the secularist and Kemalist “Yarsav” list and supporters of Fetullah Gülen, who have not come out with a unified list due to their ongoing war of attrition with the Justice and Development Party (AKP) government. Their candidates will run independently.

The outcome hangs in the balance, but the crucial thing here is what these elections will signify in terms of the rule of law and separation of powers in Turkey. Take for example the name of the pro-government “Unity in the Judiciary” list. Erdoğan and his ministers have made it clear they want executive control over the judiciary and need “unity in the judiciary” to achieve this.

They do not have this yet, even though they have tried hard. Fortunately the Constitutional Court remains independent – at least so far – and was there to stop them. Erdoğan and the government also boycotted the recent ceremony for the...