Madame President

I listened very carefully to the speech of Zerrin Güngör, president of the Council of State (Danıştay). As in every long speech, there were both correct and questionable aspects. 

I will focus on two topics in particular. The first is Güngör's statement that with the new system introduced by the April 16 referendum, separation of powers had been strengthened. The second is that she said the state of emergency decrees were issued to "cleanse state institutions of terror network members" and "protect democracy." She said no restrictions had been imposed against individuals' rights and freedoms.  

First of all, I find it strange that the head of a high court can issue such a certain statement on a topic about which debate is still ongoing, and on which according to official results 48.6 percent of the nation said "No" and 51.4 percent said "Yes." Secondly, I regard her words on the decree laws as rather biased. 

Of course, the new system is legally effective. But whether in has strengthened or weakened separation of powers is politically and legally questionable. 

I would like to remind Güngör of the European Charter on the Statute for Judges. In this document, there is a provision that councils such as the Council of Judges and Prosecutors (HSK), which appoint judges, should absolutely be independent from the executive and the legislature. To enable this there is the provision that "at least one half of those who sit are judges elected by their peers." 

To prevent certain religious networks or political organs like the Justice Ministry from disrupting these elections, methods such as "one candidate one vote" is recommended. 

This is not an ordinary legal document. It is a reference to the Constitutional Court and...