Top court head warns judges on morality and individual rights

By Yusuf İnan | Wise News Press

ANKARA, TURKEY — Constitutional Court (AYM) President Kadir ÖZKAYA delivered a stern warning to judicial members about individual rights, judicial independence, and impartiality during the court's 64th anniversary and swearing-in ceremony in Ankara.

The statements come at a critical time when the rule of law and judicial independence are being closely monitored in Turkey. Emphasizing that being a judge or prosecutor is not merely a technical application of legislation, Özkaya stated that justice relies heavily on conscience, morality, and fairness. According to the Karar newspaper, the speech served as a moral manifesto for the judiciary, addressing both ethical duties and the upcoming integration of artificial intelligence into the legal system.

Justice beyond written legislation

Addressing the attendees at the prominent ceremony, Özkaya defined the indispensable role of the judiciary within the state architecture. The primary function of judges and prosecutors, he noted, is to establish justice and uphold the truth. The mechanical application of legal rules is insufficient for achieving true justice, Özkaya argued, adding that laws must be interpreted with an understanding that prioritizes human dignity.

Highlighting that an independent and impartial judiciary is the ultimate guarantee of a democratic state of law, fair trial rights, and fundamental freedoms, Özkaya urged judicial members to distance themselves from any external influence.

"Judges and prosecutors must make decisions freely, based on the law and their conscientious convictions, keeping reason and science in the forefront, without any external influence or pressure, including subjective feelings and thoughts in their inner worlds," Özkaya said.

The burden of individual rights

One of the most striking segments of President Özkaya's speech focused on the spiritual and moral responsibilities of the judiciary, particularly concerning the violation of another's rights (kul hakkı). Describing the profession as having "one side of light, one side of fire"—meaning it can lead to great enlightenment if done properly, but massive destruction if justice deviates—Özkaya stated that there is no room for heroism, hostility, malice, favoritism, or emotionality in the administration of justice.

He emphasized that members of the judiciary must strictly avoid ostentation, hypocrisy, deceit, and illicit gains.

"They should not carry the burden of another's rights. Violating someone's rights is very important; it cannot be forgiven through worship. Therefore, they should chase after one gram of halal [lawful] for years and turn their backs on a ton of haram [unlawful] even if it comes for free," Özkaya warned.

Avoiding blurred logic in courtrooms

Touching upon the importance of rational thinking and science in the distribution of justice, Özkaya also issued warnings about the attitudes and behaviors that should be exhibited in courtrooms and courthouse corridors. Heavy workloads, time pressure, or an abundance of case files should not serve as excuses for procedural errors or hasty judgments.

Özkaya reminded the audience that judges and prosecutors must be patient, polite, and dignified in their communication with witnesses, lawyers, and all citizens they interact with. Underlining that decision-making processes should not be driven by "blurred logic," the president stated that irrational, unfounded, and emotional reasoning methods would damage public trust in the judiciary.

Global conflicts and divine justice

Özkaya's speech was not limited to the national judicial system; it also extended to universal concepts of justice and global atrocities. Touching harshly, albeit implicitly, on global injustices, particularly the humanitarian crisis in Gaza, Özkaya stressed that those who turn their military and economic power into an instrument of oppression will sooner or later face divine justice.

Citing historical and religious examples such as Pharaoh, Nimrod, and Korah (Karun), the top court head explained how powers that deviated from justice ultimately perished. Power, he noted, can only be permanent and beneficial when combined with justice; otherwise, it is doomed to fail even against the weakest opponents.

Artificial intelligence era in the top court

During the ceremony, significant institutional innovations regarding the functioning and future of the high court were also shared. The massive workload that has burdened the Constitutional Court, especially following the introduction of the right to individual application in 2012, has pushed the institution to seek new technological solutions.

Özkaya announced that the digital application infrastructure is being continuously strengthened to conclude applications effectively, quickly, and within a reasonable time. In a move considered revolutionary for the legal world, he revealed that artificial intelligence technologies will be actively utilized within the Constitutional Court starting in September 2026. This new system will introduce AI-supported analysis capabilities to read tens of thousands of individual application forms, summarize their contents, categorize them legally, and match them with similar precedents.

Expanding international judicial cooperation

The Constitutional Court president noted that constitutional justice today cannot be confined within national borders and is constantly shaped through interaction with universal legal norms and the jurisprudence of international courts.

In this regard, Özkaya stated that the Turkish Constitutional Court pursues an outward-looking and participatory vision. He announced that they have signed bilateral cooperation agreements with the supreme judicial bodies of 32 different countries to date, framing this as proof of the Turkish constitutional judiciary's reliability in the international arena. Furthermore, relations with the Council of Europe and the European Court of Human Rights (ECHR) go beyond mere protocol, deepening through joint projects and training programs.

The program concluded with the swearing-in ceremony of Şaban KAZDAL, the newest member of the Constitutional Court. Özkaya reminded the audience that the oath is not just a symbolic ritual but a strong public promise of constitutional loyalty, independence, and impartiality, wishing the new member success in a role that demands an unwavering moral stance.

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