An Analysis of President Erdoğan’s Statement: “The Turkish Judiciary Only Rules on Behalf of the Turkish Nation”
On January 30, 2025, at the Judge and Prosecutor Appointment Ceremony held at Beştepe, President Recep Tayyip Erdoğan of Turkey claimed to be defending judicial independence, stating:
“The Turkish judiciary only and exclusively rules on behalf of the Turkish nation. No one can dictate terms to those who rule on behalf of the Turkish nation.”
At the same ceremony, 1,075 new judges and prosecutors were appointed. However, these appointments took place at Beştepe, the very heart of Erdoğan’s power. This raises a critical question: Is the Turkish judiciary truly independent, or has it become an instrument of the authoritarian regime?
Judicial Appointments at Beştepe: A Display of Regime Control
Erdoğan’s claim that the judiciary is independent and serves only the Turkish nation is being made at a time when the judiciary is deeply politicized. It is no secret how judicial appointments work in Turkey. The Council of Judges and Prosecutors (HSK) is directly controlled by the President and his ruling party. The structure of the HSK, as shaped by the Presidential Government System, has increased executive influence over the judiciary.
Judges and prosecutors in Turkey take an oath before assuming their duties. According to Article 8 of the Judges and Prosecutors Law No. 2802, the oath is as follows:
“I swear upon my honor and conscience to fulfill my duties as a judge and prosecutor in full compliance with the Constitution, laws, and legal principles, according to my conscientious conviction, with absolute commitment and impartiality, free from all influences and with independence.”
However, when these judicial appointments take place under the watchful eye of the President at Beştepe, the claim of judicial independence becomes completely void. Judicial independence can only be ensured if the authority appointing judges and prosecutors is not intertwined with politics. Yet, in Turkey, the judiciary has been entirely taken over by the ruling power. These appointments reinforce a judicial system that prioritizes loyalty to the government over justice.
The Hidden Message in Erdoğan’s Words: “Only We Control the Judiciary”
At first glance, Erdoğan’s statement that “No one can dictate to the judiciary” may appear as a defense of judicial independence. However, reading between the lines, the real message becomes clear:
“Only we have the authority to control and direct the judiciary; no one else has the right to interfere.”
A leader who genuinely desires an independent judiciary would implement reforms that strengthen judicial impartiality. Yet in Turkey, the judiciary is shaped by direct interventions from Erdoğan and the ruling AKP government. Through these interventions, opposition politicians are imprisoned, the press is silenced, and critical academics and activists are put on trial.
In 2010, the government pushed for a constitutional referendum, claiming to be “freeing the judiciary from tutelage.” However, this process resulted in the judiciary being completely brought under the control of the ruling party. After the failed coup attempt in 2016, over 5,000 judges and prosecutors were purged through emergency decrees (KHKs), and they were replaced with individuals loyal to the government. Today, the judicial system that Erdoğan claims is “untouchable” is actually a judiciary handpicked and engineered by his own administration.
The Reality: Is the Judiciary Truly Independent?
There are essential conditions for a truly independent judiciary:
- Judicial appointments must be free from executive influence. In Turkey, however, the HSK is directly controlled by the government.
- The judiciary must be accountable. Yet, in Turkey, there is no accountability for unlawful judicial decisions.
- Court rulings must be free from political pressure. In Turkey, however, court decisions are shaped by the political agenda set by Erdoğan.
Today, lower courts refuse to comply with Constitutional Court rulings, and judges who make decisions unfavorable to the government are dismissed. In high-profile cases such as Osman Kavala’s imprisonment and Selahattin Demirtaş’s prolonged detention, the judiciary has been weaponized as a tool for suppressing opposition. In recent years, even journalists and social media users have faced prosecution simply for their tweets.
The False “Parallel Structure” Narrative Used to Purge the Judiciary
In his speech, Erdoğan once again resorted to the “FETÖ” narrative, claiming that the judicial purges were necessary to eliminate a “parallel state structure.” However, this claim was nothing more than a fabricated excuse used by the government to completely seize control of the judiciary.
- In reality, judicial officials sympathetic to the Gülen movement were operating within the existing legal system.
- They were not forming a “parallel structure” as the government claimed; this was merely a pretext Erdoğan used to reshape the judiciary according to his own interests.
- The massive judicial purges after 2016 were not about upholding the rule of law but about installing a judiciary fully loyal to the regime.
More than 5,000 judges and prosecutors were dismissed by emergency decrees (KHKs), and many were imprisoned. Some were driven to suicide, arrested, or forced into exile. Those who remained in office were selected to establish a judiciary that would be entirely submissive to the government.
Today, while Erdoğan claims that the judiciary is independent, he is actually trying to conceal how he has turned it into a political tool of oppression. The reality is clear: the government has used the fabricated “parallel structure” narrative to completely take over the judiciary and silence all opposition.
As a result, the judiciary has been transformed into a weapon of repression. Anyone who criticizes the government—journalists, academics, politicians, or business figures—risks legal persecution. Calling this system “justice” is nothing more than an insult to the intelligence of the people.
Conclusion: Should the Judiciary Be a Sword of the Regime or a Shield of Justice?
Trust in the judiciary has completely collapsed in Turkey. Court rulings are no longer based on justice; they are shaped by directives from the Presidential Palace. Erdoğan’s statement that “the judiciary is independent” is nothing but political propaganda.
In a truly independent judiciary:
- Appointments would not be made at Beştepe.
- Judges and prosecutors would not take orders from the President.
- People would not be prosecuted simply for opposing the government.
Where there is no justice, there can be no democracy, no rule of law, and no freedom. The current state of Turkey’s judiciary is clear proof of how deeply the legal system has been politicized.
No matter what Erdoğan says, the reality is undeniable:
The judiciary no longer serves the people—it serves the regime.
This is not just a legal crisis. It is one of the greatest democratic crises in Turkey’s history.
The latest developments further reinforce this reality:
- New trustee appointments (kayyums) to opposition-run municipalities,
- Raids on independent newspapers and TV stations,
- Direct interventions in judicial decisions to serve the interests of the ruling party.
Given all this, how can we explain Erdoğan’s audacity to speak of judicial independence, democracy, and justice?
Is it hypocrisy? Or is it simply mocking the intelligence of the people?
I leave the answer to you.
