This post is also available in: ΕΛΛΗΝΙΚΑ (GREEK) TÜRKÇE (TURKISH)
It has been rumoured for a long time, and recently it was confirmed with the interview given by the President of the Supreme Court, Bertan Özerdağ, to Turkish News Agency (TAK).
The new building of the Supreme Court, which is the highest authority of the Turkish Cypriot Judiciary, will be built at the foot of the Legislative and Executive powers, in a place chosen, determined and ‘deemed appropriate’ by Ankara.
Well, am I the only one who is bothered by this situation?
I am just saying this because no one’s talking.
***
I can understand this much: For us, despite the pressures of Ankara, despite all the restrictions imposed on us for being a sub-government—especially considering the judiciary in Turkey, which is completely under the control of the AKP—the Turkish Cypriot Judiciary, which cannot have anyone arrested, imprisoned, or taken out of prison as desired, and cannot apply law in customized manners, is the ‘Last Fortress!’
Of course, like any other establishment, or institution, there are decisions to be criticised. However, since we dote over that ‘Last Fortress’, we endeavour to make our criticisms in a way that will not damage and harm it.
I can understand all of that, but this sensitivity does not require us to put a seal on our mouths.
That would be like playing the three wise monkeys.
***
The election of the Supreme Court Presidency was also criticised recently, but very quietly and behind the scenes. Perhaps we will take a closer look at this in the future.
***
The current issue is the new location of the Supreme Court.
When we look at the world in general, can it naturally and spontaneously occur that the buildings of state powers and public authorities in the capitals of countries are side by side, or in certain proximity? Of course it can.
However, what is being done in the northern part of Cyprus is completely different and deliberate.
Especially when ‘law’ has become a complete joke in the country that has planned and plotted this; when thousands of innocent people have been imprisoned and killed by the judiciary for years, and when the mouths of those who speak out were sealed by the judiciary… This requires a very, very deep analysis and approach.
***
The structure planned by Ankara in the north of the island, comprising of the ‘Presidency, Parliament, Supreme Court’and a ‘Mosque’ next to them resembles a full-fledged campus.
Is it natural that the Legislature, the Executive and the Judiciary, which should be independent from each other and operate in a way that does not contradict the principle of ‘separation of powers’ stated in the Constitution, are placed on the same campus with a religious place of worship right next to them?
***
In the statements issued, it is said that “This can be observed in many countries of the world.” Yet, as a journalist, I have not come across any other example of this. I would be glad if those who claim this can present these examples.
Even in Turkey, where the judiciary has been completely politicised, there is no such practice and no campus organisation of this sort.
***
Moreover, what I consider as important here is this: How did the Supreme Court agree to and authorise the construction of this building in this campus and by Turkey?
This is what needs to be discussed.
There are several reasons for this. Firstly, all of these projects were and are being drafted in Turkey. According to our laws, things that should be handled by our technical people are planned in this way in violation of the law.
In practice, they are also carried out by Turkish companies, and in terms of permits, they are also in violation of the laws and regulations of our institutions.
They can even be considered as ‘illegal’. Their visas and permits are against the legislation. Dozens of statements were issued and demonstrations were organised regarding this, also by professional chambers.
And yet, how can the highest level of the judiciary say ‘yes’ to this?
***
As a result, the AKP, which has entirely politicised the judiciary in its own country and has been using it as a stick for opposition groups, and which is directly involved in the Turkish Cypriot Judiciary through the Security Forces Command (GKK) and the Embassy, and through its companies and institutions, is constructing our Supreme Courtbuilding—in contradiction to all statutes and laws regarding its plan, project, contractor and implementer, and formally incompatible with the principle of the ‘Separation of Powers’.
***
The most crucial question is this: Under the given circumstances, how will a Supreme Court that accepts to carry out judicial activities in a building to be constructed by Ankara be free from the overwhelming influence of Ankara?
Will the decisions made by the court not be questioned from this point of view?
Won’t the public lose confidence in the judiciary?
***
Another issue that attracts my attention is the silence of everyone, but especially the Bar Association.
Has the Bar Association, known for its oppositional stance, been intimidated?
We keep seeing insulting publications and writings against the Bar Association through the use of ‘some’ media figures.
If the names who are rumoured to have commissioned these turn out to be true, it means that our ‘Last Fortress’ has already been besieged.
Dear Bar Association; are you okay with this situation? Isn’t there anything wrong with it? Is this normal?
Or, will you continue to keep silent?
This article was originally published on 27.01.2025
Souce: AM I THE ONLY ONE BOTHERED BY THE NEW LOCATION OF THE SUPREME COURT?