Turkish Whistleblower Fuat Avni exposes 'regime's' plan to control high judiciary.

Turkish Whistleblower Fuat Avni exposes 'regime's' plan to control high judiciary.(FOT).

A Turkish government whistleblower who writes under the pseudonym of Fuat Avni and who claims to be in the inner circle of President Recep Tayyip Erdoğan has exposed a government plan which he says aims to hold full control of the high judiciary.

In his tweets posted on Saturday, Fuat Avni recalled that a government-endorsed judicial bill has been recently approved in Parliament which will deal a huge blow to the independence of the courts.

The law includes articles that are to give the government greater control over the judiciary as iincludes a provision to have a new round of elections at the Supreme Court of Appeals– despite the fact that they were held only four months ago, in June — and envisages ending the positions of existing members.

The law also includes articles requiring new elections to be held for the Council of State and gives the Supreme Board of Judges and Prosecutors (HSYK) to appoint judges as it wishes without respecting the long-held tradition of asking the opinion of the high courts.

Fuat Avni says, after the approval of the law by Erdoğan, the HSYK will convene on Monday to appoint new judges to the Supreme Court of Appeals and the Council of State. 

Stating that 144 new judges will be elected to the Supreme Court of Appeals and 36 will be elected to the Council of State, Fuat Avni claims that all of the new members have been carefully selected by the government and that all are loyal to the AK Party.

“Those who will be elected are all known. The marked lists [of judges to be elected] are at the hands of the [HSYK] members. An election will be held in formality and will be completed until the afternoon. If anyone applies the Constitutional Court on Monday, the election will be already completed before the court announces its decision and even if the court annuls the law, it will not be applied due to the non-retroactive character of the laws,” he said.

He also claimed that he has the list of the judges to be elected by the HSYK and that will make it public if needed be. Hmmm....Do the new 'Judges' swear an oath of allegiance to the new 'Fuhrer'? Read the full story here.

NAZI Judicial system. Actions were similar to the civil service. Judges were also forced to take the oath of allegiance to Hitler. Also, new, separate tribunals (especially new tribunals to define who Jews were and to enforce anti-Jewish laws.) were set up headed by rabidly racist Nazi Party members. Of course, similar people were appointed to regular courts whenever the opportunity arose. Thus, independence of judges was whittled away.

- of course, another means was to change the laws themselves and to give judges little leeway in enforcing and interpreting these new laws. If the laws are blatantly discriminatory, judges are supposed to enforce the law. The movie, “Judgment at Nuremburg,” dealt with the dilemmas of this situation.