Members of the pro-Kurdish Peoples’ Equality and Democracy (DEM) Party have launched a vehement critique against the Turkish government’s 8th Judicial Reform Package during parliamentary debates on Thursday, describing it as an “anti-freedom” move that gravely undermines civil liberties and the rule of law in Turkey.
Spearheaded by prominent MPs such as Gülistan Kılıç Koçyiğit, Cengiz Çandar and Ömer Faruk Gergerlioğlu, the DEM Party’s collective outcry has highlighted severe concerns regarding the package’s implications for democratic governance and judicial independence.
Cengiz Çandar denounced the package as a “monstrosity” and “a collection of unlawfulness”. He pointedly criticised the legislation for enabling “trustee misconduct and, even worse, securing it,” thereby undermining the principles of justice. “You are nailing another nail into the coffin of the ‘police state’ you have put Turkey into; this means you have abandoned the necessities of being a state of law,” Çandar warned. He passionately called for the withdrawal of the package, urging, “Do not go down in history as the merciless who aimed at law and justice”.
Echoing Çandar’s concerns, Gülistan Kılıç Koçyiğit addressed the Assembly directly, saying, “Have some common sense, laws cannot be made like this. You are making a law that could imprison anyone walking on the street.” In a separate press conference at the parliament, she lamented the progressive erosion of rights and justice with each new package: “Instead of protecting and enhancing rights and freedoms, each package restricts rights and freedoms and suspends our fundamental rights. To call this ‘reform’ is actually a tragicomic situation.”
Ömer Faruk Gergerlioğlu highlighted the package’s potential for abuse, stating that it could lead to people being easily labelled as ‘terrorists’, while also providing a ‘shield of impunity’ for trustees.
Amid the controversy surrounding the 8th Judicial Reform Package, a particularly striking provision has caught the eye of both the opposition and legal observers. This provision addresses the previously annulled charge of “committing a crime on behalf of a terrorist organisation without being a member,” which the Constitutional Court (AYM) had struck down in September. The Court had highlighted the ambiguity of the term “on behalf of” and noted that such a charge could lead to disproportionately severe penalties for those accused, compared to actual members of an organisation.
Despite the AYM’s decision, which emphasised the need for “concrete reasons” to levy such charges, the government’s new legislative move seeks to reintroduce this charge as an independent crime under Article 314 of the Turkish Penal Code (TCK). Critics argue that this not only disregards the AYM’s warnings but also potentially doubles the punishment for individuals, especially political dissenters who may be accused of affiliating with terrorist organisations without actual membership. This could result in a significant blow to political activism, effectively confining political discourse and activism within the narrow confines set by a security-centric regime.
Set against the backdrop of an escalating judiciary crisis in Turkey, marked by a rift between the Court of Cassation and the AYM, the opposition’s narrative framed the 8th Judicial Reform Package as a draconian measure that is poised not only to lead to arbitrary detentions but also to further erode judicial independence.
