Acting chief of Turkey's High Panel of Judges and Prosecutors (HSYK) on Wednesday said the panel's structure and functioning rules should be defined in line with the principle of separation of powers.

Justice and Development (AK) Party announced on Monday a constitutional bill, proposing amendments to 22 articles and abolishment of the Article 15 of the constitution.

HSYK is known for its opposition to the ruling AK Party.

Appearing at a press meeting over a constitutional bill, Kadir Ozbek said "discarding separation of powers" in changing the panel's structure would be "an obvious breach of the general principles of law, the basic philosophy of the constitution, and several provisions of the constitution on the basic principles of the republic, and the use of sovereign power."

Constitutional amendments in Turkey need a two-thirds majority --367 votes-- of the parliament, which requires the government to receive support from opposition parties to pass the reform.

Both the main opposition Republican People's Party (CHP) and second opposition Nationalist Movement Party (MHP) declared they would not support the bill.

The government bill foresees amendments to 22 articles of the Constitution, including the articles 10, 20, 23, 41, 53, 69, 74, 84, 94, 125, 128, 129, 144, 145, 146, 147, 148, 149, 156 and 159.

Ozbek said the bill "failed" to address fundamental issues of the judiciary, adding that the package "was far from being a reform."

Ozbek said the bill "aims to destroy the judicial branch's independence, impartiality and its guarantees."

"The draft bill fails to recognize the judicial branch's financial and administrative independence. On the contrary, it aims to create a HSYK that would be in full subordination to the executive branch," Ozbek said.

The bill aims to bring the right to collective bargaining for civil servants and the other public workers and tie closure of political parties to permission of a parliamentary committee, which is currently only under the authority of the Constitutional Court.

The government bill to amend the constitution aims to abolish the provisional article 15 of the constitution which prevents trial of generals who led the coup on September 12, 1980. The bill also aims to enable trial of military personnel at civilian courts on charges of crimes they commit against security of the state and the constitutional order.

The bill increases the number of members of the Constitutional Court and the Supreme Board of Judges and Prosecutors, also bringing arrangements to allow the parliament to elect members to the court.

The bill also paves the way for appeals to the decisions of the Supreme Military Council (YAS) at courts, which are currently outside of judiciary supervision.

The bill also aims to enable trial of military personnel at civilian courts on charges of crimes they commit against security of the state and the constitutional order.


Agencies