The Constitutional Court defines state of law as ‘state that respects law and depends on law in its all actions and procedures’ (decisions dated 1693, 1985, 1989, 1992).
Principle of rule of law is defined, by European Court of Human Rights, as one of the basic concepts of system (Silver and others/England, 1983).
Retired generals, who are arrested within the scope of Ergenekon investigation and in Kandıra Prison, have been visited by a general that holds office.
This visit has been identified as an institutional one and announced by Turkish General Staff.
The visit has not been identified as personal and/or humanitarian one.
Meaning of the visit might have been predicted and then it has been announced to public opinion. Confidence has been expressed to the judiciary in the same statement.
The visit has been announced to everyone; in this way it is aimed to make the visit known to everyone.
In regard to the visit the following points are meaningful:
Of course presumption of innocence is applied to arrested generals as well. Of course the principle of lawfulness of crimes and sentences is applied to generals. However,,,
There is an ongoing investigation. There are prosecutors and security force members, who conduct this investigation. There are judges that decide to arrests.
The abovementioned state of law is binding for everyone through the principle of rule of law; everyone should respect also the principle of independency and impartiality of judiciary…
There is a crime “attempting to influence a fair trial” that is regulated in the Article 288 of Turkish Penal Code.
Such attempts are meaningful for law. Other forces of state have to keep themselves at a distance from power of judiciary.
We are against attempts to cast shadow and already casted shadows on judiciary.
We think that a judiciary, of which independency and impartiality is provided, is an assurance for everyone.
For arrested generals, too…
HUMAN RIGHTS ASSOCIATION