A regime of lawlessness was established

Policy Service

Unable to secure the consent of broad segments of society, the government is attempting to prolong its existence by resorting to oppression and the judiciary. The one-man regime shapes the judiciary according to its own political motives, while the Constitution continues to be rendered dysfunctional. Whatever the palace judiciary decrees, the courts decide . The government, which has imprisoned politicians, mayors, and journalists, cracked down on opposition channels, and appointed trustees to companies, also refuses to recognize decisions of the Supreme Election Council (YSK), the European Court of Human Rights (ECHR), and the Constitutional Court . Numerous figures, from Can Atalay and Tayfun Kahraman to Selahattin Demirtaş and Osman Kavala, have been imprisoned for years. Despite being imprisoned for seven and a half months, an indictment has not yet been prepared for Ekrem İmamoğlu, the CHP's presidential candidate and Istanbul Metropolitan Municipality Mayor.

Journalist Merdan Yanardağ is being sent to prison, while a trustee is being appointed to TELE 1. Anyone the government deems a potential threat is threatened with the judicial stick, while sometimes, squabbles among regime partners bend the judiciary. Lawlessness is becoming the regime's primary characteristic. The Palace is increasingly attacking the opposition for a variety of reasons, including suppressing it, immobilizing it, obscuring internal conflict, and disrupting fundamental societal agendas like poverty, the high cost of living, and unemployment.

REJECTION FROM THE COURT

The regime's latest unlawful act concerned urban planner Tayfun Kahraman, who was imprisoned in the Gezi Park protests. The Istanbul 13th High Criminal Court, which rejected Kahraman's request for a retrial, accused the Constitutional Court, the highest judicial body, of "usurpation of authority." Sentenced to 18 years in prison, Kahraman has been imprisoned since April 25, 2022. Kahraman suffers from MS. On July 31, 2025, the Constitutional Court ruled that Tayfun Kahraman's "right to a fair trial" had been violated . The court rejected Kahraman's request for a retrial.

THIS IS NOT THE FIRST TIME

Although Supreme Court President Ömer Kerkez said, “When our Constitutional Court issues a violation decision, all judicial bodies, all of us, must comply and do what is necessary,” not implementing these decisions has become a routine during the AKP’s rule.

The politicization of the law was also demonstrated by the dismissal of Constitutional Court decisions. Looking back to recent times, the Constitutional Court's rulings alleging human rights violations against Osman Kavala and Can Atalay, detained in the Gezi Park protests, and Selahattin Demirtaş, arrested in the Kobani trial, were also not implemented. These rulings are as follows:

• While talk of Demirtaş's release continued after the European Court of Human Rights (ECtHR) finalized its violation decision, the Constitutional Court ruled in 2020 that the reasoning for Demirtaş's continued detention was insufficient and ruled that his rights had been violated. Five years have passed since the Constitutional Court's violation decision.

• The Supreme Court ruled in 2023 that the “right to be elected and engage in political activity” and “right to personal liberty and security” had been violated regarding Can Atalay, a prisoner in the Gezi Trial and an elected member of parliament, but this ruling was still not implemented.

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PROF. DR. ŞULE ÖZSOY BOYUNSUZ: “SOCIAL OPPOSITION SHOULD NOT REMAIN SILENT”

The new president of the Supreme Court of Appeals, in his speech at the opening of the judicial year, stated that Constitutional Court decisions must be followed. Therefore, the Supreme Court of Appeals must warn the 13th High Criminal Court, implement the necessary disciplinary measures, and the High Council of Judges and Prosecutors (HSK) must also take action. If an institution called a court declares that it does not recognize a country's Constitution, the highest norm of its law, then we have entered a highly arbitrary territory. Nothing that violates the Constitution is law. The Constitutional Court has the authority to declare this. We may criticize it, but there is no doubt that we are obligated to comply. In other words, the decision here has now drawn particular resentment and is a clear example of the politicization of the judiciary.

Who will expect justice from where? We're now looking to the political party leaders. The Constitutional Court or the European Court of Human Rights makes a decision, and we wait, wondering, "What will the politicians and the ruling party say?" If people start expecting justice from this, then we're no longer a state governed by the rule of law. Mr. President didn't say, "We are a state governed by the rule of law," he said, "We are a state governed by the judiciary." We are a state in the hands of a politicized judiciary, but we need to be a state governed by the rule of law, not a state governed by the judiciary.

As the social opposition, we must now show solidarity. People's defense of Tayfun Kahraman's rights and justice today isn't about him personally. It means defending the constitutional order. Furthermore, we must not remain silent in the face of this cruelty inflicted upon one of our own. I could have been in Tayfun Kahraman's shoes, it could have been anyone else, it could have been any of us. We cannot remain silent in the face of this immoral cruelty inflicted upon a sick person, upon someone with a small child.

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“DEFINITIVE” DETENTION OF JOURNALISTS

Journalists Soner Yalçın, Şaban Sevinç, Aslı Aydıntaşbaş, Ruşen Çakır, Yavuz Oğhan, and Batuhan Çolak were summoned to testify as part of the investigation into Ekrem İmamoğlu. Şaban Sevinç, Yavuz Oğhan, Soner Yalçın, and Batuhan Çolak were taken from their homes by police yesterday morning and taken to the Istanbul Police Department. Ruşen Çakır was brought to the Police Department around noon. Aslı Aydıntaşbaş was reportedly abroad.

The journalists taken to the police station began their testimony around 12:15. Despite CHP Communications Coordinator Yavuz Oğhan signing a release report following his testimony, it was learned that he was not released and that he was subject to detention. Oğhan was released around 2:15 PM. Şaban Sevinç was released around 2:30 PM. Soner Yalçın was also released later. Journalist Ruşen Çakır, who had announced that he had not been detained in the morning, was also taken to the police station around noon and his testimony was taken.

Lawyer Hüseyin Ersöz made a statement regarding the journalists being taken to the police station to be questioned. Ersöz said, "Journalist Yavuz Oğhan was taken from his home in a way that wasn't called "detention," but could be described as "de facto detention," a practice we've been seeing a lot of lately." Akşam newspaper had alleged that the press advisor to the imprisoned Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu, "Medya A.Ş. Chairman Murat Ongun, financed some journalists." Akşam newspaper's front-page news report alleged that "Murat Ongun provided financial support to various journalists and that these payments were made through Emrah Bağdatlı."

The news in question mentioned the names of Batuhan Çolak, Şaban Sevinç, and Yavuz Oğhan, who were taken to testify today under police escort.

Meanwhile, the Istanbul Chief Public Prosecutor's Office announced the detention of CHP Information Technology Officer OGE. The investigation into CHP presidential candidate and Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu has been moved to CHP headquarters. OGE, who works as an Information Technology Officer for the CHP, was detained as part of an operation conducted by the Istanbul Chief Public Prosecutor's Office. In a statement, sources at the Chief Public Prosecutor's Office alleged that OGE provided personal information about Istanbul Metropolitan Municipality voters to "members of a criminal organization." OGE was reportedly detained on charges of "Unlawfully Providing or Obtaining Data and Recording Personal Data."

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BAR ASSOCIATIONS: ECHR DECISIONS MUST BE IMPLEMENTED IMMEDIATELY

Thirty bar associations issued a written statement regarding the European Court of Human Rights (ECtHR) ruling regarding Selahattin Demirtaş, former co-chair of the Peoples' Democratic Party (HDP). The statement noted that the ECtHR found on July 8 that Demirtaş's detention violated Articles 5 and 18 of the European Convention on Human Rights (ECHR) and that this detention was maintained for political reasons. The statement noted that Türkiye's appeal against this ruling was rejected by the ECtHR Grand Chamber on November 3, thus making the decision final. It emphasized that the implementation of Constitutional Court (AYM) and ECtHR decisions is a requirement and a necessity of the rule of law. The statement read, "As signatory bar associations, we respectfully announce to the public our demand for the swift implementation of the AYM and ECtHR decisions, the necessary action to be taken against those whose rights have been violated to date, and that the rule of law be adhered to."

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EVEN IN THE MOST FUNDAMENTAL RIGHTS, THE COUNTRY IS BEHIND THE LAST!

According to the World Justice Project's (WJP) "2025 Rule of Law Index," published in October, Turkey, which ranked 117th in 2024, fell another place to 118th this year. Türkiye's score on the index was measured at 0.41, one of its lowest in the last decade. Türkiye also ranked 134th out of 143 countries in the "Fundamental Rights" category, making it the second country with the largest decline in the rule of law.

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IF YOU GO ANY FURTHER YOU WILL NEVER GO BACK

The Istanbul 13th High Criminal Court's refusal to recognize the Constitutional Court's decision also sparked outrage. Comments that "a threshold is being crossed in the deconstitutionalization process" were prominent in the statements made. Speaking to Cumhuriyet following the ruling, Kahraman's lawyer, Cansu Çiftçi, said, "The action they have taken is unlawful and unconstitutional. Constitutional Court decisions bind all public institutions, judicial and administrative, all citizens, everyone and everything. We are experiencing a very serious constitutional crisis. We will appeal the 14th High Criminal Court. However, this is not a simple legal crisis. The result will be that no one trusts the judiciary or the Constitution."

CHP Chairman Özgür Özel said in a statement, “Today, a threshold is being crossed in the history of the Republic of Turkey's deconstitutionalization, deregulation, and deinstitutionalization process. Everyone should come to their senses! You've come a long way, but if you go any further, you won't be able to come back; we'll all drown.” Özel called on Parliament Speaker Numan Kurtulmuş and former Minister of Justice Abdülhamit Gül to assume responsibility for protecting the legal order. Özel called for an “extraordinary” convening of the Council of Judges and Prosecutors (HSK) and demanded that legal action be taken against the 13th High Criminal Court. DEM Party MP Sezai Temelli asked, “Violations of the Constitution have almost become normal in this country. According to the Constitution, local courts are obligated to implement the Constitutional Court's decision. If a judge violates this, can we even speak of a law there?”