Today is Lawyers' Day...
The day of the defenders of the law, the representatives of justice...
But one question haunts us all:
How much justice, how much law is it really?
Saros Research's answers to the question “Is there a problem of justice in Turkey?” are striking:
%84,3 “Yes.”, %8,4 “Partially”...
In other words, .7 of the society think that there is a problem of justice.
This rate is not a statistic...
This is a clear indication that public confidence in justice is alarming.
Justice is Not Just a Court Decision
Justice is not just a verdict delivered in a courtroom.
Justice begins in the conscience of man.
The Holy Qur'an says:
“O you who believe! Be strict upholders of justice and bear witness for the sake of Allah, even if it be against yourselves, your parents and your relatives.”
(Surah al-Nisa, Verse 135)
This is precisely what is being discussed today:
Does justice work according to the right or according to the person?
The Crack in the System
Even the following understanding of the justice system, which is expressed from time to time, is a problem in itself:
“Let's arrest him, the higher court will fix it...”
Of course, this statement is not an official approach.
However, it has become a popular opinion among citizens, spread by word of mouth.
This kind of rhetoric on the street - whether true or not - points to a much bigger problem:
Damage to public confidence in the justice system.
Because justice is not just about making the right decision,
it is also about ensuring that the truth is believed.
If in the mind of the citizen:
“If there is a perception that ”the higher court will correct it anyway",
there is no longer just an implementation problem,
there is a crisis of confidence.
Decisions made in the shadow of this approach,
reduces human life to a procedure.
Acquittals after months...
Silent evictions
And most of the time not even an apology.
Why is the Public's Trust in Justice Shaken?
The question in the minds of citizens today is:
“Should I find a good lawyer or a well-connected one?”
This question in itself is a crisis.
The Prophet (peace be upon him) said:
“This is why those before you perished: They let the strong go free and punished the weak.”
(Bukhari, Muslim)
If society feels that way,
There is not only a problem of perception, there is a serious problem of trust.
So what is the solution?
Criticizing is not enough.
Concrete steps are essential to restore justice:
1. Arrest should be an exception
Arrest is a measure, not a punishment. It should not be applied arbitrarily.
2. Judicial Independence Should be Guaranteed
Judges and prosecutors should be able to make decisions without any pressure.
3. Establish an Accountability System
There must be accountability for wrong decisions, a culture of accountability, not a culture of “sorry”.
4. Merit should be taken as a basis
The justice system works on merit, not on relationships.
5. Abolish the Interview System or Make it Transparent
Judge and prosecutor candidates,
“not ”who should I find?",
“if I deserve it, I will be appointed anyway”.
Where there is an interview, there is this risk:
You do not become a man of justice, but a man of those who get themselves elected.
The impartiality of a judge selected by interview instead of merit,
it becomes controversial in the first place.
Therefore:
-The interview system should either be abolished completely
-Or it should be made auditable with camera recording, objective criteria and transparent scoring
6. Strengthen Social Conscience
Justice is not only the responsibility of lawyers, but of society as a whole.
Today is Lawyers' Day...
But in fact, this is a day for all those who seek justice...
If people in a country get justice not in a court of law,
if he started looking for connections...
The problem there is not only the legal system,
is the spirit of justice.
And it should not be forgotten:
Justice is the foundation of property.
If the foundation is damaged, no structure will stand.