Dictatorships begin with the loss of judicial independence

16 Kasım 2023 Perşembe

It's as if there's a conflict of duties and powers between the high courts, namely the Constitutional Court and the Court of Cassation. It seems these are not clearly defined in the constitution, and they even say, 'This problem can only be solved with a new constitution'... This is the pinnacle of treating the people as complete fools.

Was there a conflict of jurisdiction between the Constitutional Court and the Court of Cassation until yesterday? A politicized high court is being instigated against the Constitutional Court; this is the conflict and chaos arising from politics... Then they say, 'This jurisdictional disagreement should be resolved with a new constitution,' all while pretending to be impartial!

Look, my reader, Tahsin Albayrak explains what he knows well from the example of Germany:

The Guarantee of Dictatorship

'Germany, having lost World War I, with a collapsed economy and politics failing to find solutions, saw Hitler win the election with 44% of the vote on March 5, 1933. On March 23, 1933, parliament transferred its authority to the government for four years. It became Law=Hitler.'

One of the most significant powers of dictatorship regimes around the world is the judiciary. If they want to establish a real dictatorship, subjugating the judiciary to political will is essential. A philosopher says: 'The path a dictator walks towards dictatorship is paved with judges and prosecutors.'

If independent justice is the guarantee of a lawful state, then a politicized judiciary is the guarantee of a dictatorship. The Reichstag (German Parliament) fire, instigated by Hitler, was the first significant step in declaring his dictatorship. Hitler blamed the communists for the fire and had them arrested.

Hitler, who promised to abide by the laws and not infringe upon personal rights and freedoms, broke his word within five minutes. When Social Democrat leader Otto Wels opposed the Enabling Act and said that no law could silence ideas, Hitler became furious and stood up to say:

'You finally understand!'

'You understood too late, but you did!... We no longer need you... Germany's star will rise, yours will sink; death has tolled for you... I don't want your votes. Germany will find its freedom, but not in the way you suggest.' (William Shirer-The Rise and Fall of the Third Reich, Volume 1, Ağaoğlu Publishing, 1970, p. 317)

After the legislature and the executive, Hitler quickly seized control of the judiciary. On April 7, 1934, the Law for the Restoration of the Professional Civil Service was applied to judicial members, removing all prosecutors and judges who were Jewish or suspected of lacking loyalty to the Nazi Party. Loyal judges and prosecutors were appointed. Thus, judges and prosecutors, who were supposed to be independent according to Article 109 of the Weimar Constitution, were unlawfully bound to Hitler.

Following the acquittal of four defendants accused of the Reichstag fire, a law passed on April 24, 1934, stripped the high courts of their authority to hear treason cases and transferred them to the 'People's Court' (Volksgerichtshof). Does this remind you of today's Turkey?

On July 13, 1934, Hitler declared in the Reichstag: 'I have become the supreme judge (Oberster Gerichtsherr) of the German people. From now on, everyone should know, raising a hand against the state means death!' (Shirer, ibid, p. 360)

First, think how the "Führer" would decide

It wasn’t only Hitler who spoke of the judiciary’s allegiance to him. Interior Minister Hermann Goering told Prussian prosecutors on July 12, 1934, 'The law and the Führer’s will are the same.'

Dr. Hans Frank, legal advisor and leader of German law, explained to judicial members in 1936 how the judiciary functioned and their duties during the Nazi era:

'There is no independence of law against National Socialism. In every decision you make, first ask yourself: "HOW WOULD THE FÜHRER DECIDE IF HE WAS IN MY PLACE?"' (Shirer, ibid, p. 426)"

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I summarized the reader's article. It attempts to draw connections between Hitler's Germany and Turkey: This is very wrong!


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