Association of Judicial Unity (, abbreviated as YBD bd̪ is the largest association of judges and

public prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible ...

s in

Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...

. YBD’s origins date back to the Platform of the Judicial Unity created in 2014 by judges and prosecutors from all political horizons, philosophical convictions and religious beliefs. It has around ten thousand members.

History

Founded in 2014 by members of the judiciary concerned about the future of the judicial system in Turkey, the Platform of the Judicial Unity has evolved to become the Association of Judicial Unity on March 27, 2015. The members of YBD undertake to protect the independence and impartiality of the judiciary and thus preserve public trust in the judiciary by taking a stance equidistant from all kinds of political opinions, philosophical or religious beliefs and convictions. YBD obtained the legal status as an association on March 27, 2015. Its first General Assembly meeting was held on September 12, 2015.

Aims and vision

According to the Charter, YBD’s objectives and principles can be summarized as follows; The

Rule of Law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...

, which is one of the fundamental values of modern

democracy Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...

, will only be possible with a strong judicial power. Such a strong judicial power requires ensuring the independence, impartiality and accountability of the judiciary. In this connection, independence of the judiciary, which is a prerequisite for the rule of law, serves as a guarantee for the

right to a fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...

and also as a fundamental guarantee of a democratic society. The notion of independence, which finds its meaning in the Constitution and which is also mentioned in the international instruments, makes it essential that one acts in accordance with the Constitution and the laws and only and solely on his/her personal conviction and that no adherence to any other person, institution or formation is allowed. Independence from the public opinion and non-judicial government institutions must be ensured and maintained. Independence must be secured within the judiciary as well. The notion of

impartiality Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the mo ...

refers to the necessity that members of the judiciary must, in compliance with the law without any influence during the decision-making processes, adopt an equitable approach to parties. Accordingly, it is incumbent on the State to enable the execution of judicial activities without any inherent fear or distress, and judges and prosecutors have also their share of responsibility in this regard. Another issue of importance as for a democratic rule of law is the accountability and transparency. Independence and impartiality could develop into an identity, which is in conformity with democracy, only through the mechanisms of accountability. The main character of this formation consists of a participatory approach and an understanding of taking a stance equidistant to all kinds of political opinions, philosophical or religious beliefs and convictions. The pre-eminence of the rights and the rule of law are the indispensable aims pursued by YBD. The members of YBD undertake to make efforts in order to maintain this structure, and to observe the independence and impartiality of the judiciary as well as the tenure of judges. YBD will conduct its works by taking the following instruments as basis: the

Constitution of the Republic of Turkey A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...

, the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...

, the United Nations Basic Principles on the Independence of the Judiciary, the United Nations Principles on the Role of Prosecutors, the Council of Europe Recommendation on Independence, Efficiency and Role of Judges; the European Charter on the Statute for Judges, the United Nations Bangalore Principles of Judicial Conduct; Recommendations of the Committee of Minister of the Council of Europe and the Consultative Council of European Judges (CCJE), the Universal Charter of the Judge, the Budapest Principles adopted for prosecutors, the

United Nations Convention against Corruption The United Nations Convention Against Corruption (UNCAC) is the only legally binding international anti-corruption multilateral treaty. Negotiated by UN member states, member states of the United Nations (UN) it was adopted by the UN General Ass ...

(UNCAC), the Criminal Law Convention on Corruption, and other relevant international instruments and standards.

Bodies of YBD

Chairmanship Council

*İlhan AYAZ *Harun KODALAK *Ayhan AKYÜREK

Secretary General

*Dr. Birol KIRMAZ

Deputies of the Secretary General

*Fetih SAYIN *Ali ÇALIK

Treasurer

*Hakan YÜKSEL

Press Agent

*Abbas ÖZDEN

Foreign Relations Commissioner

*Cafer ERGEN

Board of directors

*Musa HEYBET *Dr. Gürsel ÖZKAN *Mehmet GÖKPINAR *Hakan PEKTAŞ *Şerafettin ELMACI *Erkan ÖZKAYA

References

{{Reflist

External links

Charter
Legal organizations based in Turkey Law of Turkey Law-related professional associations 2015 establishments in Turkey