Shameless or brazen?

Certain topics cannot be concealed like they used to, not only in Turkey but in any part of the world. The general public cannot be prevented from learning about issues. People who create disappointment need to either respond to allegations or apologize to the public. But that's not something they are prone to do. They either choose to stay quiet or kick the ball out of bounds. Under such circumstances, it becomes difficult to invite people to adhere to righteousness, justice, law, mercy and conscientiousness.

Look at the most recent crisis the Supreme Board of Judges and Prosecutors (HSYK) has started. At the last minute, it pulled out a “vigilante decree” and dictated the actions of a state minister. What do these gentlemen want? They want to replace the prosecutors and judges in the Ergenekon case, but why? What is the reason? There is none. That's not all. They also want to replace the prosecutors and judges in the ongoing investigation into unidentified murders in Diyarbakır. Is there a valid explanation? No! While the public was still engaged in debate over these developments, a photograph depicting an HSYK member and Ergenekon suspect together was published in the newspapers. People said “try explaining this one.” But should answers to these calls be demagogic responses such as “We are being made targets”?

Now the public is wondering if the team who has rolled up its sleeves to expel prosecutors and judges is involved in other similar connections. It is possible. Looking at how people who have been exposed for their connections have cleverly avoided being prosecuted, its only natural for us to say: “Why not? It's possible.”

How do members of the judiciary feel about this situation? Don't they feel a pang of remorse as they create an image that the words of five members of the HSYK are law? They were already feeling bitter toward the board for using disproportionate force to drown out a young prosecutor's legal opinion and to blacken the future of the prosecutor heading the Şemdinli case. Now, don't they realize that with these reassignments their profession has been jeopardized? Don't they say, “Look, my friend; it's not worth damaging our image so much with these vigilante decrees”?

The problem is not just the HSYK. For a long time, the structure in the judiciary has appeared to be interactive with politics. What legal authority could possibly approve of the image portrayed by Constitutional Court member Osman Paksüt? The idea that a member of the Constitutional Court has close links with Ergenekon suspects is not a situation that can be accepted. No one can justify the leaking of information to certain people as the closure case against the Justice and Development Party (AK Party) continued. A member of the Constitutional Court who goes to court with his Ergenekon-suspect wife while the Ergenekon trial is in progress will not only harm himself but the justice system as well. But what's important is that he does not even care about that.

What about Judges and Prosecutors Association (YARSAV) President Ömer Faruk Eminağaoğlu? What is there to be said about him? In a photograph published in some newspapers on Monday, he is seen conversing with Ergenekon suspects. Is this acceptable? How can you continue to work as a prosecutor and then go and meet with the suspects of a case? On top of that, how can you bring a HSYK member along with you? You are already under suspicion, Eminağaoğlu. Turkish dailies reported how you called the lawyers of Ergenekon suspects and ordered them to tell their clients exactly what to say and what not to say to the prosecutor. Perhaps your indifference to such accusations is perceived as a skill. However, no one working in the justice system can be allowed to harm their profession with their brazen character. It is a shame. Keeping up such behavior not only harms your institution but your colleagues as well. It is the efforts of thousands of serious, meticulous and hardworking members of the judiciary that keeps the justice system alive. But some members have portrayed a brazen image to the public. This situation especially offends those hardworking individuals. I felt sorry for the justice system when I saw Paksüt at the court in Silivri on Monday.

 Another Turkish proverb just came to mind: “Don't create shame by not going somewhere you are invited; don't create problems when you go somewhere you are not invited.”