YARGITAY VE DANIŞTAY KANUNDA DEĞİŞİKLİK YAPILMASINA İLİŞKİN BASIN AÇIKLAMASI
BASIN AÇIKLAMASI
Kamuoyunda Yargıtay ve Danıştay Kanununda değişiklik yapılmasına dair Kanun olarak bilinen yasa ile Yargıtay üyelerinin sayısı nihai olarak 200’e daire sayısını 24’e, Danıştay üye sayısını ise 90’a daire sayısını ise 10’a indirilmesi, yüksek yargı üyelerinin görev süresinin 12 yıl ile sınırlandırılması, not sisteminin getirilmesi ve HSYK tarafından 5 gün içerisinde yeni yüksek yargı üyelerinin seçilmesi TBMM tarafından kabul edilmiştir.
Darbe dönemlerinde dahi görülmemiş bir uygulama ile yüksek yargı üyelerinin üyeliklerinin düşürülmesi hukukun üstünlüğüne ve yargının bağımsızlığına vurulmuş ağır bir darbedir. Üyelikleri düşürülen yüksek yargı üyelerinden HSYK tarafından beş gün gibi bir sürede hangi kriterlere göre yapılacağı belli olmayan bir seçim usulü ile yüksek yargının şekillendirilmesi hukuk güvenliğini açıkça bertaraf edecektir.
Yine yargıda not sisteminin getirilmesi de yüksek yargı üyelerinin HSYK tarafından atama ile getirilmesi yargı mensuplarının adeta yürütmenin memuru haline getirecek ve bağımsızlığını ortadan kaldıracak bir ortamı tesis edecektir.
Ülkemizin kurucusu yüce Atatürk’ün Yargıtay’ı yürütmeden etkilenmemesi için Eskişehir’e taşımakla gösterdiği hassasiyeti mevcut idarecilerin de göstermesini beklediğimizi; ancak gelişmelerin yargı güvenliği ve hukuk devleti açısından kaygı verici boyuta ulaştığını ve ülkemiz açısından büyük endişe taşıdığımızı Türk Milletine ve kamuoyuna saygı ile duyururuz.
Av.Oğuzhan BUHUR
HUKUKİ MÜCADELE DERNEĞİ
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