REPUBLIC OF TÜRKİYE MINISTRY OF JUSTICE

Minister Gül was the guest of Hakan Çelik on CNN TÜRK live and evaluated the agenda.

THE AGENDA DOES NOT INCLUDE PARDON

When asked about the occupancy of penal institutions, Gül indicated that prior to AK Party governments the penal institutions had different implementations due to amnesty and some amendments were made to the execution law.

Gül mentioned the jail time and noted "For instance, a person could have been released after the execution of 40% of jail sentence in the past, however this amount has been increased to 66%, that's the first thing. Secondly, penalties have been increased dramatically. If the previous provisions were in force regarding theft, drug dealing, criminal organizations, the convicts and detainees would be released sooner than today. The penalties will be increased against those posing a threat to the life, properties and lifestyles of our citizens and the right to live, moreover, there is an increasing sensitivity towards the disturbing activities in the neighbourhoods such as drug dealing and theft."

CHILD MARRIAGE IS NOT ACCEPTABLE

Gül indicated that child marriage is not acceptable and it is the most violent assault towards children and he underlined the ongoing administrative and legal steps taken carefully to eradicate the problem. He added that no tolerance should be shown to this subject and it must be clamped down very seriously. Having explained that the Ministry of Social and Family Policies does not only stand with the victims but it also deals with cases on behalf of the government, he noted that government continues to work to eliminate the reasons causing secondary victimization.

ALL MINISTRIES ARE IN CHARGE TO PREVENT CHILD ABUSE

Minister Gül stated that the prevention of child abuse is at the beginning of the most important issues and continued:

"Therefore, we are working hard with all our ministers. We are negotiating all the aspects to prevent child abuse with a range of ministries from the Ministry of National Education to the Ministry of Health, we are talking on all kinds of measures such as not bringing the victims to courthouses, deal with them at the child monitoring centers considering their physiologies. Increasing of punishments for child abuse, like in the case in Adana, and regulations concerning life imprisonment and even aggravated life imprisonment is on our agenda. We evaluate all the improvement and preventive measures on this issue without hesitation. We also assess what kind of penalty increases should be made in this regard. We are also in touch with the Ministry of Family Affairs on violence against women. We will also evaluate the necessary steps to be taken."

Minister Gül also stated that chemical castration subject is also on their agenda and continued "Of course there is no such thing as 'chemical castration comes and this abuse ends.' But if it can prevent abuse of even one person, it will be evaluated together with the court and related health authorities. It is on our agenda to provide it ready in case of need, but we also evaluate it with the relevant academicians and health officials."

OUR STRUGGLE WITH FETO CONTINUES WITHOUT HESITATION

Minister of Justice Abdulhamit Gül stated that the fight against FETO continues at full speed, "Judicial bodies and authorities continue this fight uncompromisingly. We take the Constitution, the law and justice as fundamental references."

JUDICIAL BODIES ARE DETERMINED TO FIGHT AGAINST FETO

Minister Gül reminded that the decision of the Court of Cassation defined the FETO as an armed terrorist organization and said that FETO having the purpose of changing the constitutional order, gained power by infiltrating to the judiciary, military, law enforcement agency and bureaucracy.

Gül indicated that the judicial proceedings in Turkey are divided into two categories; the first one being the coup plotters on 15 July and the second one being the members of the organization. "The first group consists of plotters who participated in the coup, the second group consists of leaders, members and supporters of this organization. Judicial bodies and authorities continue the fight without hesitation on that matter. 

TRIALS PROCEED AT FULL SPEED AND WITH THE UTMOST ATTENTION

Minister Gül said "People are asking 'why that happened, he didn't do that, etc'" and continued:

"We cannot know that. Even I cannot know that. The related prosecution office and court are supposed to answer such questions. Because they have the files. We cannot see the evidence they have. Courts order acquittal or conviction whichever is necessary. If we might think it is wrong, prosecutors can object the actions on behalf of me, you or the public. The trials in Turkey are conducted in line with the law. We cannot declare that everyone is guilty before the trials are concluded. The persons tried used to be private soldiers. The soldiers who were there at that night were held. Some of the students were taken, too. When no action is taken, acquittal is decided. The victimizations decreased to a great deal. Courts issue the decision of acquittal if there is no implication to the incident. However, be it private soldier, student whatever the position s/he has, if a person is involved in the murder of one of our citizens or in the coup plot, the person is sanctioned a punishment. We need to trust the law and the judiciary. This is a crypto and atypical terrorist organization that functions in secret. A judge who was said a Maoist turned out to be a FETO member. The judiciary and security fight with that kind of organization and the fight is conducted meticulously. In case of error, a superior court examines the case. There have been more than 35 thousand detainees and convicts related to FETO so far. Trials continue to be concluded in the first instance at full speed."

FETO HAS AN ENCRYPTED STRUCTURE

Minister Gül was reminded that people are worried and afraid because FETO members might still be hidden in the most critical places of Turkey and he said:

"We shouldn't be relieved and think that 'the fight with FETO came to an end, we revealed every member, the judiciary, military, security forces or bureaucracy are now clean.' No one should perceive the situation as if 'every member is deciphered, all the guilty are incarcerated, trials are concluded'. This organization dates back to 40 years ago. Of course, a 40-year organization cannot be finished by a 2-year struggle. It's a very crypto structure. Therefore, we will not get in slackness, and we will deal with it within the frame of law and legal safeguarding, not with suspicion or accusation to all the citizens and bureaucracy. Our related bodies, of course, will continue to struggle within the framework of law. Our government will also take all possible and necessary measures. "

I AM HOPEFUL FOR EXTRADITION OF GÜLEN

Concerning whether or not there are new developments on extradition of FETÖ leader Fetullah Gülen from the USA, Gül said that he is hopeful for Gülen's extradition if international law and principles for fight against terrorism will be taken into account.

Emphasizing that he expects and hopes those issues to be taken into account, Gül continued "But the view we see, the attitude in Afrin, the approach in Syria. When the approach on extradition is in question, it is handled from the point of view of political aspect rather than the legal aspect. If this attitude continues, it will give an image of state which is protecting the terrorist organization and in cooperation with it. It is not desirable for states to fall into such a position. Contacts in this regard are continuing, as well.

Abdulhamit Gül emphasized that there is nothing in international extraditions like an evidence is required for a person proofing he/she definitely committed the crime, and said that it will be decided after having tried the person to be extradited.

CONSTITUTIONAL COURT'S ŞAHİN ALPAY DECISION

Concerning the Constitutional Court's decision on journalist Şahin Alpay, Abdulhamit Gül said that both the Constitutional Court and first instance courts are established by the constitution and laws, and they are courts whose duty jurisdiction are determined.

Gül stated that Article 153 of the Constitution is very clear and explained that there is no hesitation about the binding nature of this court's decision.

Stating that the court determined 2 points in Şahin Alpay decision, Gül continued:

"Firstly, when a violation of a right is in question, the only solution is not " the release of the that person" even if the person is detained. Nevertheless, when considered by determination, it is seen that the local court decided for the continuation of the detention, but it decided that the violation is not removed. In other words, it says, 'You shall remove this violation by releasing him. 'Therefore, the court, here, also observed this decision for removing such violation. Of course, the Constitutional Court does not decide on a final judgment, it makes a determination as regard to the detention. But whether or not a person is innocent or guilty shall be decided by the trying court, court of appeals and the Court of Cassation. Therefore, it has detected a violation in this matter. The court observed the decision given by the Constitutional Court. The legal system operates in Turkey. For this reason, the court has fulfilled the requirement of the decision. "

Stating that right to individual application is a remedy that can be resorted in an active manner, Gül explained that the Constitutional Court makes decisions within the framework of international law and basic human rights, and said that the Constitutional Court made a determination for how to remove the violation it determined in the mentioned decision and the local court has observed it.

MEDIATION IN EMPLOYEE-EMPLOYER CASES

Minister of Justice Abdulhamit Gül recalled the obligation of mediation in employee-employer cases as of 1 January, and continued:

"It is not compulsory to settle, of course. First try to make an agreement, if you cannot, then go to court. 14 thousand 355 agreements and 6 thousand 690 non-agreements have been realized. This is an important figure. Hearings and trials will be finalized earlier in many courts. Everyone has the right to file a case. There is no such thing like they should make an agreement in any case. I would like to thank the employees and employers for their support to this implementation and thank to mediators for their success in implementation. I would also recommend anyone trying out mediation. It is a useful system and it is being applied in an effective manner. "