Law exists to maintain social order, protect rights, and ensure justice. However, when law is used as a tool of power rather than justice, it dismantles the rule of law and paves the way for arbitrary governance. Even more concerning is when the law itself is misused under the pretense of “preventing the abuse of law,” as this is one of the most dangerous indicators of authoritarianism. This is what is happening in Turkey for years.
A striking example of this in Turkey is the legislative proposal widely referred to as the “Hakan Şükür Law.” This proposal reveals how legal mechanisms are manipulated for political vendettas. Pro-government circles have suggested amending procedural law to prevent individuals with outstanding arrest warrants from filing lawsuits in Turkey. This move, which directly targets the fundamental legal principle of the “right to seek justice,” is itself a blatant abuse of law.
The Case of Hakan Şükür
Former footballer Hakan Şükür, who is currently abroad, has been utilizing legal channels by granting power of attorney to his lawyer in Turkey
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power of attorney to his lawyer in Turkey through a notary abroad. Through this process, he has initiated legal proceedings against individuals and entities who have defamed him or violated his personal rights. In several defamation lawsuits, Turkish courts have ruled in Şükür’s favor, awarding him moral damages.
This legal recourse has sparked outrage among certain pro-government figures, including those with legal backgrounds but little regard for actual legal principles. The matter has even been taken to the Council of Judges and Prosecutors (HSK), with demands for the dismissal of judges who ruled in Şükür’s favor. The justification? That a person with an outstanding arrest warrant should not be able to initiate lawsuits in Turkey.
Following these developments, reports emerged suggesting that the government was preparing to amend procedural laws to prevent individuals with arrest warrants from filing lawsuits via legal representation. Even more troubling was the justification presented for this proposal: “preventing the abuse of law.”
What Does “Abuse of Law” Really Mean?
The abuse of law refers to the manipulation of legal mechanisms and the judiciary to restrict fundamental rights, silence dissent, or legitimize arbitrary actions. It means depriving individuals of their legal rights under the pretext of legal technicalities.
For those unfamiliar with the principles of law, even an individual accused of a crime retains the right to seek legal protection against offenses committed against them. No one can be accused of “abusing the law” simply for exercising their right to legal recourse.
At this point, a crucial question arises:
- Has Hakan Şükür been convicted by a final court ruling? No.
- Even if he were tried, does he have the possibility of being acquitted under the existing legal system? Yes.
- Then how can he be accused of “abusing the law” simply for seeking legal remedies?
Even if we assume, for the sake of argument, that he had a final conviction, would that completely strip him of his right to access the courts? No.
Even a convicted individual retains the right to file lawsuits if they are subjected to unlawful actions. Denying someone access to justice based on their legal status constitutes a grave violation of fundamental rights.
The Real Abuse of Law in Turkey
To understand what the true abuse of law looks like, one only needs to examine certain legal practices in Turkey today. The clearest example is the judiciary’s loss of independence, turning it into a political instrument. This is evident in politically motivated lawsuits, arbitrary prosecutions, fabricated evidence, and the use of courts as a means of suppressing dissent.
Other manifestations of legal abuse include:
- Amending laws to serve the interests of the ruling party, thereby undermining legal predictability and applying retroactive criminal penalties.
- The selective application of law, where government allies are shielded while opposition figures face severe penalties.
- The use of economic pressure as a legal weapon—shutting down independent media outlets and imposing financial constraints on opposition journalists and businesspeople.
If a legal system begins to arbitrarily deny certain individuals access to justice, and this practice is codified into law, then that is a textbook example of the abuse of law.
The fundamental role of law is to protect individuals’ rights and ensure justice. However, if legal mechanisms function solely for the benefit of certain groups while systematically excluding others, the system ceases to be one of rule of law and instead becomes a tool of political repression.
In this context, the so-called “Hakan Şükür Law” serves as a stark example of how the abuse of law in Turkey has become systematic. Using the legal system as a weapon for political and personal vendettas is the greatest enemy of justice.
At this point, saying, “Such a law would never be passed,” is no longer possible. But if such a procedural amendment is indeed enacted, it will not only target certain individuals but will also further entrench the politicization of the legal system, making it clear that the law in Turkey has become nothing more than a tool for political oppression.
