ANKARA
The proposed amendment to the laws to abolish specially authorized criminal courts, if passed, would not affect the finalized court cases, Turkey's Minister of Justice Bekir Bozdag said Wednesday.
Bozdag said they would like to abolish the different procedures regarding investigation and prosecution practices at specially authorized criminal courts. The proposed amendments are to Article 10 of the Law on the Fight Against Terrorism, and Article 250 of the Criminal Procedure Code to be submitted to Parliament
"We are also abolishing a provisional article that allows the cases being heard at such courts to be continued until the end. Finalized court cases will not be affected by this," Bozdag stressed.
Bozdag said that the proposed amendments, if passed, would bring changes regarding jurisdiction, resulting in the transfer of court cases to other high criminal courts.
"Only those cases which have not been finalized and which have been overruled by the Supreme Court will be subject to the new amendment," Bozdag added.
He also pointed out that all procedural privileges and exceptions would be revoked, and the same procedure (as stated in the Criminal Procedure Code) will apply to all investigations and prosecutions.
He explained that once the amendment is passed, "prosecutors will not be able to apply different procedures during the investigation and prosecution process. There can be a couple of exceptions though. .... However, these exceptions would not be against suspects or defendants. For example, the provision that says that such cases will continue to be heard during the judicial holiday will remain as is."
In response to a question about retrials, Bozdag said that they are currently working extensively on various amendments regarding this, and they would share their decisions with the public once they are complete.
As for allegations on government profiling, Bozdag pointed out that there are laws in force against profiling, and it is a crime, which, if committed, would result in criminal sanctions.
"We will take important steps in this matter with a view to putting an end to the breach of privacy," he said.
- Access to investigation files
Bozdag underlined that the inability to access investigation files have always been a critical issue, and he also said that the failure to inform suspects or defendants about the investigation process, by keeping it confidential also goes against the principle of equality of arms.
Bozdag said that not allowing those charged with heavy crimes to see their files limits their right to defence.
"Therefore, we will revoke all regulations that prevent suspects from having access to their files during the investigation process. ... Both lawyers and suspects will have access to their files, and get the opportunity to defend themselves accordingly."
Prime Minister Recep Tayyip Erdogan announced on Tuesday the government's plan to abolish the widely criticized special courts in the country.
Turkey's parliament already outlawed the special courts on July 5, 2012. However, the courts continue to operate after the resolution due to a condition attached to the bill that they finish hearing cases already open. These courts were set up mostly to handle coups d’etat cases that have dogged Turkish political life for decades.
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