Dizdarlı: Prime Minister Has No Authority To Instruct Or Empower The Judiciary

Dizdarlı, the former High Administrative Oversight Officer (Ombudsman), responded via social media to Üstel’s remarks made in the Republican Assembly, where he said, “We have given full authority to the judiciary and the police.” She underlined that the Prime Minister’s wording was incompatible with constitutional principles.

In her statement, Dizdarlı recalled that under Article 136 of the Constitution, judges carry out their duties independently. She noted that judicial decisions are made solely in accordance with the Constitution, the law, legal principles and personal conscience, and emphasized that no authority, institution or individual may give orders to the judiciary or issue circulars, recommendations or guidance.

She further reminded that, under the Constitution, questions cannot be raised, debates held or statements made in the Republican Assembly concerning cases currently before the courts. She stressed that both the legislative and executive branches are obliged to comply with court rulings.

Referring specifically to the Prime Minister’s claim that he had “given authority” to the judiciary, Dizdarlı said that the courts do not require authorization from the Prime Minister or any other body in order to perform their duties. She described judicial independence as one of the fundamental pillars of the rule of law, adding that Üstel’s remarks created a “misleading perception” and contradicted constitutional norms.

Dizdarlı concluded her statement by saying: “I hope that Mr Üstel, when he calmly reflects on these words spoken in the heat of the moment, will realise that they were incorrect and erroneous.”