Read More.. - High Council of Judges and Prosecutors

With the Circular, the issues pertaining to Searching, Examining and investigation
proceedings about judges and prosecutors were arranged in a covering the assurance of
procedure and the right of defense for the persons being subjects of an
investigation/examination; Since the provisions that would allow translation into practical
action of the assurances introduced in terms of searching and investigation proceedings
pursuant to the Constitution, Law No 6087 On Supreme Council of Judges and Prosecutors,
and Law No 2802 On Judges and Prosecutors, the Constitution were contained, it is
considered that it will be a positive step in terms of its inputs into meeting the criticisms
contained in EU Progress Reports.
17- Searching, Investigation and Prosecution Proceedings Commenced For the Highest-
Ranking Law Enforcement Chiefs
The procedure required to be followed concerning the reportings and complaints about
highest - ranking law enforcement chiefs, falling within the remit of Third Circuit of the
Board was considered, a parallel turn of phrase was adopted by taking into account that it
abides by the same procedure with the Circular on investigation proceedings about the judges
and prosecutors.
In the Progress Report for the year 2010, it was mentioned that effective carrying out of
judicial and administrative investigations on law enforcement members continued to pose a
problem.
In Article 9 of European Council Ministers Committee’s Recommendation numbered
(2001)10 and titled “Europe Police Ethic Code”, it was mentioned under the heading Police
and Crime Justice System that the police will provide functional and appropriate cooperation
with the prosecutor; in places where the police (law enforcement) are under the command of
the prosecutor or the investigating magistrate as is the case in Turkey, the police will receive
clear instructions regarding the priorities and process of the investigation the police will be
carrying out, during the process, the police will give information to their senior investigating
chiefs as to the instructions are carried out, elaborating regular reports in particular about the
going of the case under investigation. At the same time, in Article 33, it was highlighted the
fact that disciplinary measures taken against employees of the police service should be subject
to the control of an independent court or organ; in Article 34, public institutions would
provide required support against unfounded allegations that might be made to the police and
their duties.
In compliance with the said provisions, the Circular was prepared to clarify the issue of how
the investigation and Examining power vested in the prosecutors who are investigating
superior of law enforcement under Law no 5271 would be used. The Circular, described the
investigation and searching proceeding to be carried out about the highest – ranking law
enforcement chiefs by bringing clarification to the respective laws, shedding a light on how
the practice should be done following the new Law on Supreme Council of Judges and
Prosecutors. The Circular described that highest ranking law enforcement chiefs were also
subject to inspection as were the other law enforcement personnel, but that these people were
subject to jurisdiction procedures to which judges were subject, which constituted an
assurance against unjust allegations and explained the process in details.
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