“We want a future where the righteous are powerful”.
Murat Arslan, President of YARSAV, Message sent from prison, in Turkey, on the 40th anniversary of MEDEL
Dear Colleagues, Esteemed Defenders of Justice, Dear Friends,
We were all together in Athens when MEDEL celebrated its 30th anniversary. Today, as MEDEL celebrates its 40th anniversary, how I wish I could be in the same hall with you, breathing the same air, sharing the same hope. But my voice is coming from thousands of kilometres away, from behind the iron bars of a country where lost democratic values, a judiciary at the command of politics and the rule of law have been forgotten.
For nine years I have been in a prison cell where I can only see the world by looking at the sky from a rectangular roof. Nine years, while you are celebrating your 40th anniversary here today, it is my 3149th day in prison… During this time I lost my mother and father. My wife has been struggling to survive alone for years. I have two children, but I can neither see them nor talk to them. My children, who were teenagers when I was imprisoned, are now adults. The only thing I know about them growing up is that the calendar leaves are slowly fading away…
Yet despite all this pain, I have not given up nor have I ever considered it. Because I still believe in the law, in justice, and in all of you. A judge’s most powerful weapon is an unyielding conscience. And I keep mine alive within yours.
For years, I fought for an independent and impartial judiciary. I defended justice not only in courtrooms, but also on the streets, from podiums, with my pen and with my voice. I stood shoulder to shoulder with colleagues, never retreating from the front lines of the rule of law.
Those who seek to silence the voice of my conscience are gravely mistaken. Because a true judge cannot be silenced. The voice of justice pierces through the thick concrete walls of prison cells, seeps through iron bars, and echoes in the hearts of conscientious people everywhere.
Dear Friends,
The guarantee of judicial independence has never been a luxury or a privilege, contrary to what some politicians today claim in an attempt to undermine the judiciary and diminish its dignity. These guarantees were established to ensure a society’s security, individual freedoms, and the peaceful coexistence of diverse ideas, and to enable judges to carry out their duties with a free conscience. A decision made by a judge or prosecutor who is under constant threat cannot be a manifestation of justice.
Of course, judges are not above the law. No one is immune from accountability for their actions. But like all officials who hold special constitutional roles, judges can only be tried through fair procedures and under the principle of individual responsibility. Otherwise, in a country where judges can be imprisoned without proper legal and constitutional process, no citizen can ever feel legally protected.
Unfortunately, these boundaries have long been crossed in Turkey. Thousands of judges and prosecutors were dismissed overnight under the guise of a state of emergency, without any constitutional or legal safeguards and later arrested. But this is not merely a matter of numbers. What happened that night was the final act of a long, calculated campaign of character assassination.
And then; just like in the U.S., colleagues taken from the bench in reverse handcuffs, judges removed from their posts accompanied by police as an act of intimidation to all, humiliating photos deliberately distributed to the press… These images are not only meant to demean the prosecuted and arrested colleagues, but serve as symbols aimed at degrading the entire judiciary. Wherever it happens in the world, remaining silent in the face of such practices which threaten judicial independence and erode the public’s sense of justice means being complicit in them. And one day, this unjust scale will weigh everyone.
Remember: Oppression is temporary. Fear is momentary. But the light of justice will rise sooner or later. That light illuminates not only courtrooms, but also consciences. Because we, as judges, do not merely render decisions; we also bear witness to the conscience of a society.
The existence of MEDEL and all other associations that defend judicial independence is, at precisely this point, a source of hope for all of us for the future.
Because MEDEL is not merely the organization of an ordinary “profession”; it is an unwavering ethical compass for the judiciary on behalf of all professions and all citizens. Those who founded MEDEL did not just establish a professional association; they built a “human ideal” dedicated to upholding the rule of law everywhere in the world. Today’s representatives continue to carry and nurture that ideal. In places where the judiciary cannot speak, you become our voice. You are not only sustaining an association you are keeping alive the shared conscience of all humanity.
The practices threatening judicial independence that have emerged in various countries around the world in recent times show us that what is happening in Turkey is not just a problem for those living in Turkey. What is happening here is a test that every democratic country and every legal professional, regardless of their views, must watch closely and learn from. Those who remain silent today in the face of injustice and the erosion of the judiciary will, tomorrow, have emboldened even greater disasters to unfold in other parts of the world. For this reason, it is urgent and inevitable to raise awareness and form a “coalition for the defense of judicial independence” one that includes all sectors, from universities and bar associations to judicial organizations and international institutions.
At this point, we are not only talking about the erosion of judicial independence, but about the overall decline of democratic values and the trampling of human dignity. And defending this shared dignity of humanity is, above all, the duty of us legal professionals.
We have seen and are still witnessing how the judiciary has been silenced under states of emergency in different parts of the world. This is no coincidence. Discrediting and then neutralizing the judiciary, whose duty is to limit the power of the executive within the framework of the law, is one of the most fundamental strategies of authoritarianism.
Not just in our region, but even in the world’s most advanced democracies, this danger is emerging. In the United States, there have been moments when the president has issued executive orders using extraordinary powers, pushing the limits of the executive branch, and courts have been pressured to retreat under the pretext of “national security.” Fortunately, some judges resist these pressures and fulfill their duties. Even decades-long democratic traditions are not immune to this threat. This shows us one clear truth: if judges do not defend their own rights and powers, no one will defend the judiciary.
The judiciary must stand tall even in times of crisis. Especially then. Because judges do not just deliver verdicts they leave a record for history. Your pen is not only for writing judgments it is a compass that sets a society’s democratic direction. If we fall silent, history and the future will fall silent with us.
That is why I say: When the judiciary is silent, the powerful prevail. But when the judiciary speaks, the righteous become powerful. And we want a future where the righteous are powerful.
Just as Zola cried out, “I accuse!”, today I say: we are living through times when silence is the greatest crime and I accuse those who remain silent.
But you are not silent. That is why I do not merely thank you I see you in the pages of history’s honor.
Dear Friends,
Today, you stand with those who, throughout history, have paid the price for justice and freedom. Your struggle, therefore, is not only legal it is also historical and moral.
Albert Camus says that man is a rebellious being. From here, from inside the four walls, I raise my head to the sky and call out to you and all who hear me: This revolt is the revolt of hope, solidarity and law against oppression, injustice and discrimination. The past efforts of MEDEL and the awareness carried by every courageous individual participating in this event remind me again and again of this honorable defiance.
Your solidarity is not merely support for one person it is a breath of justice given to life itself. As a colleague who cannot be among you today, feeling that breath from thousands of kilometers away is an indescribable joy.
My respect, greetings and gratitude to its founders, its current representatives and all the friends who have contributed to making my voice heard together with your esteemed guests…
Hope to meet you in free tomorrows…
Murat Arslan
40th anniversary of MEDEL - Letter from Murat - TR (.pdf)