The 30-article proposal, which proposes amendments to the Law on the Enforcement of Criminal and Security Measures and certain other laws, was discussed by the committee from Saturday, 31 May, until the morning of 1 June. Following these discussions, which lasted only 15 hours, the proposal was taken up by the TBMM General Assembly on the night of 3 June.
EŞİK reacted to the proposal, which envisages fundamental changes to the judicial system, being presented under the name of ‘reform,’ stating that the package contains provisions that are contrary to the Constitution and could lead to rights violations. The platform argued that this law-making process clearly reveals the government's intention to eliminate legal security.
The statement noted that opposition parties had only offered ‘weak objections’ to the process, and reminded that every step taken in an environment where the judiciary has been politicised, social opposition has been criminalised, and women and human rights defenders have been subjected to pressure must be based on the principles of human rights, equality and the rule of law.
Justice is becoming more distant for women, children and LGBT+ people
EŞİK stated that the 10th Judicial Package does not include any protective measures against the environment of violence that has deepened with the withdrawal from the Istanbul Convention, nor does it take any steps to improve the discrimination women and children face in accessing justice.
On the other hand, it was emphasised that the package contains regulations that further restrict freedom of expression and allow for the suppression of rights advocacy through the judiciary.
‘The best interests of the child’ is not just a phrase, but a universal principle
In its statement, EŞİK also drew attention to the destructive effects of the package on the child justice system.
According to the proposal, children will be sent directly to closed prisons without being sent to educational institutions. Children staying in educational institutions will be transferred to closed prisons based on administrative decisions whose criteria are unclear. In addition, the package includes regulations that require children, like adults, to serve a period of time in prison in order to benefit from conditional release and supervised release.
The platform stated that these regulations not only undermine the adult criminal justice system but also the juvenile justice system, disregarding national and international norms on children's rights, particularly the principle of ‘the best interests of the child.’
Another blow to freedom of expression
EŞİK stated that the bandwidth restriction regulation will increase censorship, account closures and blockages, particularly on social media platforms, and also noted that the proposed changes, which are justified by Constitutional Court rulings, are contrary to AYM decisions.