Kılıçdaroğlu: Judges say, “Lock him up” for fear of their jobs

CHP Chair Kılıçdaroğlu participated in a Constitution Workshop staged by his party’s legal and electoral affairs vice chairship. Kılıçdaroğlu, addressing the opening of the workshop held at a hotel in Ankara, dwelt on Turkey’s constitutional history.

Kılıçdaroğlu, noting that the constitution to have been amended the most was the 1982 constitution, commented, “Despite all these amendments, does this constitution still retain its coup spirit? This must be addressed and considered. It is certainly not correct to view the constitution on its own. We must also be aware that, if the constitution is a supreme legal norm instilled with a coup spirit, then subordinate legal norms will be instilled with the same spirit. Because of this, I will keep on referring in my discussion to a coup law and not a coup constitution. The creation of a coup law that complies with the constitution, that is, in parallel to a constitution that embraces a coup spirit. This has been one of the basic jobs of coupists. This is the painful place Turkey finds itself in.”

“WE ARE READY TO CONTRIBUTE IN ANY WAY”

Kılıçdaroğlu, stressing that there is no freedom of expression at times of coup, said, “The culture of duress in environments in which there is no free expression of thought brings with it law instilled in the coup spirit; a body of coup law is created comprising a constitution and laws. The most basic issue facing Turkey today is ridding Turkey of the entire body of coup law. If we are to rid Turkey entirely of coup law with the constitution included and we are to undertake this at one time and together, we are ready to do this. We are also ready to contribute in any way. We have seen no objection in giving a blank cheque to this extent. If Turkey is to be part of the civilised, free world, Turkey must rid itself of coup law.”

COMMENT ABOUT DETAINED JOURNALISTS: THE ARE INSIDE THANKS TO A JUDICIARY CONCEIVED BY COUP LAW

Listing the unamendable articles of the 12 September constitution, Kılıçdaroğlu placed the emphasis on press freedom. He said, “If in a country 142 journalists are in jail years after the 1980 coup, you cannot speak of that being a country with press freedom. So, how come they are inside despite constitutional safeguards? They are inside thanks to a law and judiciary that have taken shape within moulds conceived by coup law.”

“CALLS ARE MADE FROM THE SCENE OF DEMONSTRATIONS AND THE COURT IMPRISONS”

Kılıçdaroğlu, commenting on the independence of the judiciary, commented: “Let’s turn our attention to the here and now. Does anyone speak of the independence of the judiciary? Does anyone say that orders and instructions are not given to the judiciary? Never mind giving orders and instructions. Calls are made from the scene of demonstrations. The prosecutor moves into action. The court takes it up, remands and imprisons. The prevailing atmosphere is an atmosphere in which a judge fears for their future if they do not remand whoever appears before them. To avoid criticism and dismissal, the judge says, ‘Lock him up.’ Turkey overall can be a modern country when it rids itself of coup law. It can be a country with a strong democracy. Then, the dynamics of growth and the law can take real strides forward. We can attain no success in the absence of these. We speak of freedom of expression purely at a linguistic level but are incapable of bringing it about.”

COMMENTS ON THE ‘NEW CONSTITUTION’ AND ‘PRESIDENCY’: A SINGLE PERSON CANNOT DETERMINE A COUNTRY’S SYSTEM OF GOVERNANCE

CHP leader Kılıçdaroğlu, discussing constitutional change and debate over the presidential system, said:

“They now say let’s make a change to the constitution. Then, after the presidential elections, ‘Let’s change the system, let’s do away with the parliamentary democracy system and bring in the presidential system instead.’ What kind of presidential system? A presidential system peculiar to Turkey. A single person cannot determine a country’s system of governance. The system of governance cannot change at one person’s whim. What determines a country’s system of governance is that country’s historical conditions. The determinants are its political and sociological conditions. If you know America’s history, you understand why it has a presidential system. Turkey’s most basic problem is that it is governed by people who do not know Turkey’s history and lack cultural depth.”

"THE PARLIAMENTARY SYSTEM HAS BEEN BROUGHT TO LIFE AT GREAT COST”

Kılıçdaroğlu, voicing criticism of the presidential system, said, “We have 140 years’ experience of a parliamentary system. This parliamentary system has been brought to life at great cost. At one person’s whim, we are to throw away 140 years of effort and introduce a presidential system peculiar to Turkey. Why? Let a single mortal step forward and present a justifiable reason. Can this happen at one person’s whim?”

“PARLIAMENTS ARE NOT LAW-MAKING FACTORIES.”

Kılıçdaroğlu also criticised the government’s attitude towards parliament in saying, “They say parliament doesn’t function adequately. There can be no greater error than to regard parliament as a law-making factory. Parliaments are not law-making factories. If those who govern this country have yet to learn this fact, what are we to teach them? Let them learn the alphabet from the letter A. This is the only advice we can give. If parliaments are to make laws for each specific event, let’s close the courts in that case. What purpose does case law serve? Even this fact escapes those in power. There can be no greater ignorance than failing to realise that bringing bills to parliament for each specific event brings new problems with each problem that is solved.”

“THE TEN PERCENT ELECTORAL THRESHOLD IS THE WORK OF COUPISTS”

CHP leader Kılıçdaroğlu, speaking of what needs to be done to establish a well-functioning, strong parliamentary system, continued as follows: “Turkey possesses the strength to speedily solve these problems as it sets about ridding itself of coup law. A strong parliamentary system can ensue. Changing the constitution is not enough. If there is to be no change to the electoral law, then tell me which democratic country has a ten percent electoral threshold? Let those who govern this country come out and account for this. They speak of the national will at all prayer times of the day. So, why do they prevent the national will from being fully reflected in parliament? Whose work is the ten percent electoral threshold? It is the work of coupists. The Justice and Development Party defends the ten percent electoral threshold. If military coupists introduced the ten percent electoral threshold, it must be the business of those who defend democracy to do away with ten percent electoral threshold.”

“WHAT IS TO HAPPEN IF THE PERSON WHO MONOPOLISES POWER BRINGS THE COUNTRY TO THE BRINK OF DISASTER?”

Kılıçdaroğlu, reiterating his criticism of the presidential system, went on to say, “In the face of all this, simply to look on and say, ‘Parliament is not functioning. The coupists did a good job and handed me an opportunity. Now I’m going to go ahead and create a presidential system and I’ll be president. The sole right to speak and authority will rest with me. What need is there for the separation of powers? There should be a harmonisation of powers. One person should speak and everybody should follow suit.’ What’s to come of ıt? We are all to go out and harvest the tea. Fine. Let’s go out with shears in our hands and harvest the tea. All’s well in the land. Alright, what about this thing they call power to going to your head? What is to happen if the person who monopolises power brings the country to the brink of disaster? Hitler monopolised power. With the kind of process we have embarked on, it is as if Turkey has also adopted practices of this kind. This is what troubles me.”

“CONSTITUTIONS CANNOT BE PREPARED IN ONE PARTY’S KITCHEN”

Kılıçdaroğlu, questioning whether proper constitutional change can be undertaken in a period in which a state of emergency is in place, pointed out, “We are living through the conditions under which the 12 September 1982 constitution was drawn up and passed. We are experiencing the same conditions. If there is no difference between what we faced then and what we face now, and if we criticise the 12 September constitution, how are we to embark on making a new constitution and to make a better constitution without discussion and debate and the free expression of our thoughts? Constitutions cannot be prepared in one party’s kitchen. They cannot be prepared in line with one party’s world view. Constitutions must at the same time contain universal rules. Constitutions must not be prepared under a culture of duress without brokering common ground.”

“WHY ARE WE ABANDONING THE PARLIAMENTARY DEMOCRATIC SYSTEM?”

CHP Chair Kılıçdaroğlu, reading the message he sent to TV stations on the evening of 15 July on which the coup was attempted, said, “I also placed stress on parliamentary democracy that evening. There is the joint statement by four parties signed by the speaker of parliament. We also gave emphasis to the parliamentary democratic system in that. What has happened since 15 July? Why are we abandoning the parliamentary democratic system? Why are we belittling parliament? Why are we placing the national will at the command of one person? Why are we handing the whole of the Republic of Turkey over to one person? We have a lot to learn.”