The judiciary is independent and impartial. Personal rights and professional guarantees constitute the main basis of the independence and impartiality of judges and prosecutors who are members of the judiciary. But the independence and impartiality of the judiciary in our country, as a rule, remains in words and even in written texts. There may be many reasons for this situation, especially legal culture disorder. The war of power over the judiciary, political reckonings, holding power, being able to come somewhere or stay somewhere, getting rid of pressure, being out of control and out of sight, the desire of political power to intervene and direct, the lack of professional solidarity, these are just some of the reasons. 1- The absence of objective and concrete criteria for appointing judges and prosecutors and the disregard of the principle of “merit” is an important problem that needs to be corrected as soon as possible. 2 – HSK makes the assignment’s own regulations do not apply, but yet the judges and prosecutors who missed time, “service requirement” (in fact the “service” concept, instead of another it would be more accurate to use the phrase, but I didn’t use it here) understood what it was like, that cannot be filled, with a justification and objectivity away from the decentralized allocation is incorrect (however, in determining a judge or a prosecutor is made up of five geographic regions in the first region and the second region is at least seven years should be able to stay for at least five years). Place, authority and file assurance should be provided for judges and prosecutors, whether they are called a judge in their name or a legal judge’s assurance. 3- The fact that the regions are not equal in themselves. For example, it is wrong to accept Bodrum and Marmaris, Kars and Van as the second region; Izmir and Ankara, Sivas and Elazig as the first region. 4- Files should not be left under the influence by constantly changing the powers through appointments, changes in powers or laws. 5- Injustice done to promotion accounts. In the promotion accounts made every three years for promotions that occur in the first five promotions in two years, in the sixth and subsequent promotions; at least eighty percent of the files are required to be resolved. The eighty percent account was accepted at the same rate for files covering more than one year, the same for one year. In addition, the criterion of performance and promotion of decision-making can also be provided by making merger and separation decisions without entering into the essence of the work. 6- The salaries of judges and prosecutors are indexed to the highest civil servant and the salaries of judges and prosecutors are melted down over time by not raising the salary of the highest civil servant. However, the most important guarantee of judicial independence and impartiality is provided by financial facilities and guarantees to be provided to judges and prosecutors. In a situation where justice is considered the basis of property and there is a need such as bread, water and air, the fees to be paid to members of the judiciary acting in the name of justice should be at the highest level. A member of the judiciary, so to speak, should be able to carry out his professional activities without thinking about the end of the month and without economic difficulties, that is, he should not be financially concerned. This also ensures that everyone who acts on behalf of the nation has confidence in the judiciary and believes in the impartiality of the judiciary. 7- Geographical guarantee must be brought necessarily, judges and prosecutors should not be sent from there to there with decisions containing subjective grounds or even without grounds. In this context, we would also like to express that the decisions of HSK regarding geographical coverage should be opened to judicial review. It is impossible to explain such a strange situation as the inability of members of the judiciary who protect the right of the nation and individuals and decipher disputes to exercise their right to seek rights in matters that concern them. 8- The difficulties accepted by the Law No. 6526 regarding the collection of evidence, the problems arising in the courts and judges organized by the Law No. 6545 should not be ignored, and further deterioration of decency and justice should be prevented. Partial changes in the law that return to the jigsaw puzzle and become increasingly unsystematic instead of getting a system that increases the feelings of professional reluctance and despair of members of the judiciary should be abandoned, and the judiciary should be shaped according to the nation, material truth and justice, not the judiciary according to political accounts and power. It is clear that in a situation where your court – my court, your judge – my judge, your prosecutor – my prosecutor, a completely opposite understanding and fear of judicial unity, judicial independence and impartiality, which cannot be accepted, and where fear dominates society, justice and public order cannot be mentioned. 9- Block voting in the election of HSK members, it is necessary to urgently switch from the application of a list to the procedure for each voter to vote for a candidate. Otherwise, it will be inevitable that the ever-increasing blockading will become dangerous, politicization, expectations of those who are on the side of the winning side and professional inconveniences for those who take a stand on the side of the loser. It is also unlikely that this procedure, which serves decoupling and resentment, will be eliminated between elections held every four years. 10- HSYK is not a board established for the purpose of ”let us fulfill if there is a demand” and produces services in this direction. It will be appropriate for HSK to switch to objective criteria that are applied equally to each judge and prosecutor, especially in place, authority and disciplinary decisions, and to act according to these criteria in all cases. 11- In the distribution of powers and files, professional knowledge and especially experience must be taken into account. The fact that a newly appointed young judge will be responsible for about 700 files may cause serious problems both in terms of the judge and in terms of justice. 12- The issue of increasing the number of judges and prosecutors, improving their qualifications, reducing the workload, judicial unity, switching to a specialized court system that conducts trials with the same procedures and principles should also be taken into account.
