The Constitutional Court of the Republic of Türkiye this year hosted the 11th Summer School event, under the auspices of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC).
The program, held on 18-19 September 2023 at the Grand Mercure Ankara Hotel, started with the opening speech of Mr. Murat Sen, Secretary General of the Constitutional Court. The sessions lasting for two days were moderated by Mr. Mahmut Ate?, Rapporteur-Judge of the Constitutional Court. In the first session, delegations from Türkiye, Korea, Indonesia, Algeria, Azerbaijan, Bangladesh, Bosnia and Herzegovina, Bulgaria, Cameroon and Croatia made presentations, and the second session covered the presentations of the delegations from Georgia, India, Kazakhstan, Kyrgyzstan, Malaysia, Moldova, Mongolia and Romania, as well as the representative of the European Court of Human Rights.
The program was proceeded with the third session held on 19 September during which the delegations from Russia, Tajikistan, Thailand, Ukraine, Uzbekistan and Angola made their presentations. The presentations were followed by Question and Answer sessions.
The delegations then paid a visit to the Constitutional Court where Mr. Zühtü Arslan, President of the Constitutional Court, delivered his closing remarks.
In his speech, President Arslan pointed to the significance of the judicial independence and impartiality. President Arslan, noting that judicial independence was the necessary consequence of not only the rule of law but also the principle of separation of powers, stated “In the absence of an independent and impartial judiciary, there will not exist a State, let alone a State governed by rule of law. That is because, State is, by definition, the organised form of the society based on legal rules. The legitimacy of the State, holding the monopoly of violence, depends on law. The application of law by securing justice and in pursuit of fundamental rights and freedoms of individuals is conditional upon the existence of an independent judiciary.”
President Arslan, also expressing the great significance of the perception regarding the independence and impartiality of the judiciary, stressed that any behaviour that might tarnish such a perception should be avoided, and he continued “It is not enough for courts and judges to be independent and impartial, this must also be known to the public. Therefore, as a requirement of the rule of law, behaviours likely to harm the independence and impartiality of the judiciary should be avoided.”
Dwelling on the need for members of the judiciary to have a good and free conscience, President Arslan stated “This is of course not easy, as none of us live in a sterile world. However, the profession of judge requires ensuring justice with a clear conscience in such an environment.” He concluded his remarks by wishing peaceful and healthy days ahead in a more just world.
President Arslan presented certificates to the participants after his closing remarks.