In one of his latest press statement, state minister Nurettin Canikli has emphasized that investigations towards the state officials who are linked with Gulenists should not be considered as "witch hunt". He repeatedly mentioned that they carry on lawful and fair investigation process to identify who are affiliated with the Gulenist Network and if innocence of civil servants are proved, then they will reinstate them to their jobs.
The term "witch hunt" explains a long horrible tradition that punishing people who believed to be demon. The person accused as witch put into a fire and if he or she stay alive then it is found not guilty for his or her actions. Basic logic in witch hunt is demanding suspect to prove its innocence by itself and doing it generally under impossible conditions.
In modern criminal justice system, proceedings for suspects pursued on the contrary. According to presumption of innocence principle, one is considered innocent until its guilt proven. In order to adhere this principle, evidences against or in favour of suspect are collected in the first place. Afterwards, if strong evidences found against the suspect, then he/she is invited to explain accusations related with him/her. If there are strong risks that endanger evidence security, suspect may suspended from his or her current position or if necessary it may be detained for a certain period for fair investigation process. However, detaining someone must be considered as a last resort to balance freedom and security dynamics during the investigation.
In consideration of Minister Canikli's statement and ongoing investigations against the Gulenists, the investigation process followed by state authorities gives an impression that allegations about "witch hunting" challenges with Canikli's statement. The main reason for this impression is after the bloody coup attempt, state authorities did not think in detail unpleasant consequences of following up improper investigation process. There was a rush soon after the 15th July to adopt legislative decrees that Gulenists might try another attack targeting Government and State Institutions. In order to repulse such an existential threat, dismissing civil servants considered much convenient solution for the sake of state security. Instead of suspending suspicious officials for fair investigation process, many state officials who accused of being linked with Gulenist Network dismissed from their jobs without having any administrative and judicial investigations. Many of whom have no clue what are the evidences against them to be affiliated with Gulenists. They are also not given any chance to explain whether the information possessed by state authorities are true or not. Petitions given by these people to investigation committees based on assumptions rather than explanations towards the evidences collected against them.
If Minister Canikli's witch hunt analogy is reconsidered, many dismissed civil servants current position resemble to the person who accused of being witch and praying to be alive inside of a burning fire. These people have no chance to defend themselves because they do not have enough knowledge about what they have been accused of. Their destiny is left to conscience of investigators which is widely open to abuse of power. Furthermore, there is no check and balances to control both government and its subordinate investigators, because legislative decrees are out of judicial review. Under these circumstances there is no binding condition for investigators to work rigorously on investigations due to absence of judicial review that provides de facto immunity for them.
In this respect, the ongoing investigation and discharge processes towards the suspicious civil servants who might have links with Gulenists must be rethought for the sake of Turkey's democratic reputation. Insisting on to follow up these processes, unfortunately will justify witch hunt allegations against the government.
The term "witch hunt" explains a long horrible tradition that punishing people who believed to be demon. The person accused as witch put into a fire and if he or she stay alive then it is found not guilty for his or her actions. Basic logic in witch hunt is demanding suspect to prove its innocence by itself and doing it generally under impossible conditions.
In modern criminal justice system, proceedings for suspects pursued on the contrary. According to presumption of innocence principle, one is considered innocent until its guilt proven. In order to adhere this principle, evidences against or in favour of suspect are collected in the first place. Afterwards, if strong evidences found against the suspect, then he/she is invited to explain accusations related with him/her. If there are strong risks that endanger evidence security, suspect may suspended from his or her current position or if necessary it may be detained for a certain period for fair investigation process. However, detaining someone must be considered as a last resort to balance freedom and security dynamics during the investigation.
In consideration of Minister Canikli's statement and ongoing investigations against the Gulenists, the investigation process followed by state authorities gives an impression that allegations about "witch hunting" challenges with Canikli's statement. The main reason for this impression is after the bloody coup attempt, state authorities did not think in detail unpleasant consequences of following up improper investigation process. There was a rush soon after the 15th July to adopt legislative decrees that Gulenists might try another attack targeting Government and State Institutions. In order to repulse such an existential threat, dismissing civil servants considered much convenient solution for the sake of state security. Instead of suspending suspicious officials for fair investigation process, many state officials who accused of being linked with Gulenist Network dismissed from their jobs without having any administrative and judicial investigations. Many of whom have no clue what are the evidences against them to be affiliated with Gulenists. They are also not given any chance to explain whether the information possessed by state authorities are true or not. Petitions given by these people to investigation committees based on assumptions rather than explanations towards the evidences collected against them.
If Minister Canikli's witch hunt analogy is reconsidered, many dismissed civil servants current position resemble to the person who accused of being witch and praying to be alive inside of a burning fire. These people have no chance to defend themselves because they do not have enough knowledge about what they have been accused of. Their destiny is left to conscience of investigators which is widely open to abuse of power. Furthermore, there is no check and balances to control both government and its subordinate investigators, because legislative decrees are out of judicial review. Under these circumstances there is no binding condition for investigators to work rigorously on investigations due to absence of judicial review that provides de facto immunity for them.
In this respect, the ongoing investigation and discharge processes towards the suspicious civil servants who might have links with Gulenists must be rethought for the sake of Turkey's democratic reputation. Insisting on to follow up these processes, unfortunately will justify witch hunt allegations against the government.
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