Fikret İlkiz
Right of freedom and security is a right that is not similar to any other rights. From the moment you lose your freedom, you become aware of the reasons of why your personal security must be guaranteed and what it means to protect it and this doesn't feel good for anyone.
In countries like ours the history of limiting someone's freedom for pleasure proves that superiority of law is constantly violated. Since our judicial practice is established over an abnormal structure that accepts a judicial system based on negativities and threats as normal.
You make legislations, apply them, and then you amend them because you don't like them.
In fact all governments legislate laws related to freedom in the beginning as requirements of democracy. Then for some unknown reason, some of the articles of these laws are either abolished or amended since it is once again required for democracy. They would even abolish the entire law if they want to feel completely democrat.
The Turkish Criminal Law, Criminal Court Law and laws related to execution are fundamental laws that have repealed all of the former laws.
The Turkish Criminal Law, Criminal Court Law and laws related to execution are laws that have been amended the most prior coming into effect.
The Turkish Criminal Law, Criminal Court Law and laws related to execution are laws that have been legislated to protect fundamental human rights, they are the ones that violate the human rights the most.
The Turkish Criminal Law, Criminal Court Law and laws related to execution have caused "inability for investigation" due to many numbers of investigations that have become the subject of gossip for violating the human rights and freedoms and their amendment has become compulsory.
The Turkish Criminal Law, Criminal Court Law and laws related to execution are the laws that are being recognized for creating "heavy" crime cases with constant problems and "heavy crime" suspects with many characteristics, and as a result creating "suspects" that becoming suspicious of them and judging them is impossible. Therefore, they have their fans. Those interested in abolishing them are in one side, those not interested in abolishing them on the other side...
The Turkish Criminal Law, Criminal Court Law and laws related to execution are "laws" that are not amended as long as they haven't created "judgments" based on these laws; they haven't caused any injustice, and haven't created executions for punishments with detentions that have turned into crimes.
According to the European Human Rights Convention personal freedom is a fundamental condition that every one shall benefit from. Depriving from personal freedom means detaining an individual from family life, from his particular right of living, right of meeting and demonstration, freedom of expression and right of policy making. Now if you change the name of this "detention" to "imprisonment" with some kind of regulation and legislation, and then apply this regulation depending on your mood, you not only position an individual in a very "risky" position with respect to his freedoms but also a very "sensitive" position. The judges are constantly told to be careful with regard to this sensitive position, but those making legislations do not show any interest in understanding the scale and depth of their actions.
The actual duty is not to protect the physical freedoms of the individuals only. In contrary, being a government is to remove all situations in which the individuals who are locked up in some position or "detained" without any of the necessary legal guarantees for protection of their personal freedoms are not able to access the most fundamental legal protection methods.
It is for this reason that according to the Civil and Political Rights Covenant which tells that everyone has the right of personal freedom and security no one may be detained or arrested arbitrarily. No one's freedom shall be detained for reasons other than those indicated by law and in compliance with the procedures.
For us arbitrariness is law. If not, legislations are made by turning arbitrariness into legislations and arbitrariness is prevented. Therefore, detentions and imprisonment is acceptable in law.
As a result, you aim at giving hope to those "detained" in the prisons with Law No.6352 regarding Amending Some of the Laws with the Purpose of Making the Judicial Services More Efficient and Postponing The Cases and Punishments related to Crimes Committed by the Way of Press.
If a leaf moves outside, the result is imprisonment and it is heard immediately. The feeling that arises from lifting the condition of detention in prison, and the feeling of discharge are the feelings that cannot be felt by someone who has not been imprisoned.
Hope for freedom in prison doesn't look like anything else. Freedom is necessary for continuation of the battle that continues inside prison.
In addition to the fact that the 3rd judicial package has been through lots of amendments, it creates some hope even if it is not much. Justified detention, strong suspicion, and prevention of arbitrariness are good steps after all!
Possibly expressions or terms show the judicial system has finally understood, the expressions of those who do not talk about the incidents that have been reflected into the judicial system but those who have recently began talking about freedoms, and the declarations of the government top rank authorities who are offended by request letters of those awaiting discharge are good, but they insult people.
The Turkish Criminal Law, Criminal Court Law and laws related to execution have never regarded human as "opponents of order" at this level.
It has been a long time since no politics were based on these laws with while focusing on human freedoms and "detention conditions".
Is a state of law which violates human freedom by increasing number of detentions, which insults humans constantly, and the order that is referred to as "advanced democracy", and such a law that is shared with collaboration of legislating, execution and jurisdiction possible? Is it called a state of law?
To act as if you are making fun of people, to act "as if" it is protecting the human freedoms, and to act "as if" you are interested in abolishing the state of detention...
7/9/2012