Beyond any doubt, an integral part of the reality that we observed is the general idea and fear that removals and transfers as well as disciplinary and criminal prosecution are used and abused as reactions on decisions and behavior of judges and prosecutors in their institutional work. Such a fear is a threat to the individual and institutional independence of judges and prosecutors.
It is evident that jurisdiction is often and in many ways manipulated by the executive power. It is evident likewise that sometimes defense is severely affected.
Justice has in principle three functions: The first one is conflict management, the second one is maintenance of order, the third one is limitation of political power. Apparently judiciary in Turkey is subordinated to political power and not allowed to accomplish this essential function of control and limitation.
June 2012.