REPUBLIC OF TÜRKİYE MINISTRY OF JUSTICE

MINISTER TUNÇ: THE PREPARATION OF A CIVILIAN AND DEMOCRATIC CONSTITUTION IS EXTREMELY NECESSARY

Minister of Justice Yılmaz Tunç stated that “it is essential to prepare a civilian and democratic constitution to replace the 1982 Constitution, which is still in force.”

Minister of Justice Tunç expressed that the 1982 Constitution resembles to an 82 model car and said: “We all say that it is not right to drive with that car in the new modern age.”

Speaking at the opening of the “General Evaluation Workshop on the New Constitution” organized at the Presidential Complex, Minister Tunç indicated that at the beginning of Türkiye’s Century, they aim to prepare a new, democratic, civilian and inclusive constitution based on human rights, the rule of law, determining the duties of the state and protecting human dignity.

IMPARTIAL AND INDEPENDENT JUDICIARY AS A PREREQUISITE FOR THE STATE OF LAW

Minister of Justice Yılmaz Tunç stated that everyone, regardless of their political opinion, is in consensus in that the Grand National Assembly of Türkiye should prepare a democratic and civilian constitution and that the deputies owe the nation a new constitution.

Minister Tunç remarked that when looking at the history of the constitution, it can be said that Türkiye has experienced periods of constitutional instability, and continued his words as follows:

“The purpose of the Constitution is to protect the fundamental rights and freedoms of individuals against state power. In order to protect human dignity, justice must be served, and the rule of law is a prerequisite for justice to be fully served. The prerequisite for the state of law is an impartial and independent judiciary. The ability of an impartial and independent judiciary to protect human dignity, to protect the individual against the government, depends on the text it will apply. That text is first and foremost the constitution. We want the constitution, which will be implemented by an impartial and independent judiciary and to which the state will be bound, to be based primarily on the protection of human dignity”.

Emphasizing that the Turkish political history is filled with wounds inflicted on the society every 10 years by tutelage as well as by coup plotters and coup enthusiasts, Minister of Justice Tunç stated that the unfair trial processes, tortures and executions experienced in these periods are painful memories engraved in minds.

CONSTITUTIONS IN TÜRKİYE WERE MOSTLY BORN OUT OF COUPS AND COUP ATTEMPTS

Minister of Justice Yılmaz Tunç emphasized that the constitutions in Türkiye were mostly born out of coups and coup attempts and were prepared to preserve the tutelage in the minds of the coup plotters and continued his remarks as follows:

“For example, the main goal of the 1961 Constitution, drafted by the May 27 coup plotters, was to legitimize the coup and put the national will under tutelage. Again on March 12, 1971, the blow to civilian politics was reflected in the constitution of the time and with the amendments made, tutelage in politics became almost institutionalized. The 1982 Constitution emerged at the end of the decades of Türkiye’s lost years, when our young people from both right and left views were taken to the gallows and murders of law became the norm. Distrusting the nation, discrediting the political institution, and entrenching and legitimizing tutelage are at the roots of the 1982 Constitution.”

DRAFTING A CIVILIAN AND DEMOCRATIC CONSTITUTION IS ESSENTIAL

Stating that the 1961 and 1982 Constitutions were designed to preserve the tutelary understanding in the shadow of the persecution, oppression and suffering that have passed into history as a black stain, Minister Tunç said: “For this reason, social peace could not be established for decades and the deep wounds inflicted on our society by tutelage could not be closed. It is essential that a civilian and democratic constitution is drafted to replace the 1982 Constitution, which is still in force.”

OUR CONSTITUTION HAS TURNED INTO A PROSTHETIC CONSTITUTION

Pointing out that the Constitution, which consists of 177 articles, has been amended 19 times and that these amendments are related to 184 points, Minister of Justice Tunç said:

“The number of the amendments are higher than the number of articles. We not only see that the unity in terms of text has been damaged, but we are also subjected to unfair criticism from some stating that the constitution has turned into a “rag bag” and others stating that it has become “riddled with holes”. Moreover, despite the amendments made to this Constitution, which is the product of a coup, the remnants of tutelage over the national will could not be completely erased. We have tried to diminish the effects of tutelage but they could not be completely destroyed”.

Indicating that the tutelary spirit has permeated through the articles, Minister Tunç continued as follows:

“We compare our 1982 Constitution to an 82-model car built after the 1980 coup, and during this time we have changed several parts of the old car according to our needs.  We all say that it is not right to drive that car in the new modern age. Our constitution has almost turned into a prosthetic constitution. We want a new constitution despite the amendments we have made in the past 21 years and that have reduced the effects of the tutelary spirit in our constitution.”