MINISTER GÜL: OUR NATION HAS GIVEN THE POLITICS DUTY TO ESTABLISH A NEW CONSTITUTION THAT EVERYONE CAN SAY 'THIS IS MY CONSTITUTION'
09.01.2022

Stating that there is a need for the democratic achievements in Türkiye to be guaranteed by a new constitution, Minister of Justice Abdulhamit Gül said, “There is a need for a new constıtutıon that everyone can say ‘yes, this is my constitution’. As our country enters its new century, 2023, I believe it is time to put an end to the coup constitution in Türkiye. Türkiye's need for a new civil and democratic constitution is clear. We truly believe that our parliament can do this as well. Our nation has given a duty to politics. The level both Turkish politics and democracy have reached has the strength to do this.”

Giving a conference titled Rule of Law and Judicial Reform During the program arranged by Turkish Parliamentary Union, Minister of Justice Abdullah Gül stated that it is a great honor to serve and represent the nation and to carry the nation's trust with pride.

JUSTICE IS LIKE OXYGEN, YOU FEEL THE DEPRIVATION WHEN IT LACKS

Pointing out that justice and cruelty, right and wrong are concepts in conflict with each other as of the moment humanity was created, Minister Gül told about the vitality of the interest of justice in every era. Stating that the foundations of states are established into justice, Minister Gül said, “If there is justice and it is sustained, the foundations of the state are very firm. An existence with justice is possible. Human and state stand still with justice. How we are breathing right now, that is justice. It's like oxygen, you breathe, it's in every aspect of life, when it lacks you feel the deprivation.”

IF CITIZENS FEEL IT, THERE IS LAW AND JUSTICE THERE

Stating that justice is important in every aspect of life and no concept can be considered without justice, Minister Gül emphasized that justice must be not only in judicial sense, but also in social sense as well. Noting that when the rule of law is mentioned, not only the concepts of police, judge, and courthouse, but also every area of ​​life should be considered, Gül stated that they are working to make every citizen from Edirne to Kars feel justice and said the following:

“When a person puts his head on the pillow in the evening, he must believe that he will wake up with a better processing law and he will not encounter with any norm, act or procedure which threatens him when he wakes up. If a citizen in the most remote corner of Diyarbakır and a citizen in the most remote village of Edirne put their head on the pillow with this confidence, then there is the rule of law, there is justice. In a way, not by saying to citizens ‘I am giving you this much law, I am giving you justice’, but if the citizen feels and lives justice, then there is a state of law, there is justice.”

OUR NATION HAS GIVEN THE POLITICS DUTY TO ESTABLISH A NEW CONSTITUTION THAT EVERYONE CAN SAY “THIS IS MY CONSTITUTION”

Minister Gül stated that in the past, there was an understanding that marginalized people and classified people as acceptable and undesirable, and that they set out to change this understanding in the state and bureaucracy. Emphasizing that they have reached very important results today, Gül continued his words as following:

“All these democratic achievements in Türkiye need a constitutional guarantee. Significant progress has been made in the last 19 years in terms of expanding societies and freedoms in Türkiye. In Türkiye, we need a constitution that everyone can say 'yes, this is my constitution'. Our nation has given this duty to politics and expects the politics to fulfill this duty. There is a government that believes in democracy and freedoms right now, and these rights are practiced. Therefore, the rights must meet a constitutional guarantee. Within this framework, particularly every part of the society in Türkiye needs a constitution that would make them think the thought that, ‘This protects my rights. It guarantees my freedoms. It enables me to look at a better Türkiye.’. Especially, there is a need for a social contract in Türkiye. When we say social contract, it is not a prepared, template contract commanding, "I see you worthy of this contract, take it and sign it". In other words, it is not that the state prepares it and says, "O society, I deem you worthy of this contract". Society comes together, individuals come together. They say, "I am signing such a contract", then it becomes a social contract. In other words, a contract from above, looking down, commanding is not a social contract. On the contrary, a contract that our young and old, women, men, east and west, uncle Ahmet in the most remote village of Hakkari will say, “I am signing such a contract”, a young person in the most remote corner of Sinop and a young university student friend in a metropolitan center, is signed, and politics takes it to put it into practice and turns it into a constitution. As our country enters its new century, 2023, I believe it is time to put an end to the coup constitution in Türkiye. Türkiye's need for a new civil and democratic constitution is clear. We truly believe that our parliament can do this as well. Our nation has given a duty to politics. The level both Turkish politics and democracy have reached has the strength to do this.”

WE AIM FOR WHAT IS IDEAL IN REFORMS WITH THE WILL OF NATION

Stating that he aims for what is ideal in reforms with the will of nation in the reforms made under the leadership of the President Recep Tayyip Erdoğan, Minister Gül noted that the works are ongoing to reach a reliable and accessible justice system with Judicial Reform Strategy Document (JRS) and the Human Rights Action Plan (HRAP). Informing the attendants regarding new practices that have been put into practice within the scope of JRS and HRAP, Minister Gül said, “We firmly believe that we will get better each new day. We have 3 basic sensitivities. Make the judgments within a reasonable time. Let the law be facilitating and accessible. Delayed justice is not justice.”

Stating that the ratio of compliance with the targeted duration has reached 86 percent by 2021, which was 81 percent the previous year, Minister Gül noted that the trials were resolved in a short time through fast and simple trial procedures as well. Reminding that new specialized courts have been established, Minister Gül stated that practice of geographical guarantee will be put into practice for judges and prosecutors. Stating that the law should be on the side that facilitates human life, not making it difficult, Minister Gül also shared the following information on alternative solutions in disputes:

“It is an obligation to make legislations making human life easier. Especially alternative solutions are a very important method in this context. In our country, 1 million 750 thousand conflicts were resolved through mediation. Within the scope of the practice, the most important thing is that both parties forgive each other, “Forgive me, my brother.” “I forgive you.” Both parties leave contentedly.”

Stating that administrative peace work within the scope of the reforms will be on the agenda of Grand National Assembly of Türkiye in the upcoming period, Minister Gül noted that a way of agreement will be sought through a commission before the citizens and the state engage in a lawsuit. He emphasized that the dignity of the citizen being tarnished by groundless denunciations is prevented with the right to good reputation.

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