Yargi herkes icin potansiyel tehlikedir…. !!!!!

Degerli Arkadaslar

1982 anayasasi ile siyasilerin emrine verdigimiz yargiclarimizin bagimsizliklarini ellerinden aldik , maaslarini dusurerek ekonomik bagimsizliklarini kaybettirdik.
Hukuk egitim kalitesi kasitli dusurulunce, tuccar hocalar tesis edilince sistem yozlasti.Bilmez kisilerin yazdigi raporlar mahkeme karari oldu, adli tip tarafa gore rapor yazdi, yargitay ayni konuda vermis oldugu onbinlerce emsal karar varken, baskilarla veya baska nedenlerle tamamen aksi yonde kararlar verdi…

82-2002 doneminde Yargiya yakin olanlar istedikleri kararlari cikardilar, yargi cetesi bunlari yaparken sermaye, medya , adli tip, bilirkisiler, bazi burokratlar ve siyasetciler ile birlikte organize cete olarak ekseri mustesarlarin basi cektigi , mufettislerin cetenin en onemli elemanlari olarak birde bu kisilerin yakinlari olan avukatlari devreye sokarak ulkede hukuk disi cok isler yaptilar… Gucu olanlar bu olaylara hic bir sey demedi !!

1982 -2002 arasinda bazen siyasi rakiplerine bile tetikci hakimleri ve adli sistemi kullandilar .. Yanlis yapilmis anayasayi 20 yil degistirmek veya yargi reformu yapmak hic birinin isine gelmedi, cunku yargiyi bir tetikci gibi kullandilar , bunlarin hepsi olurken menfaati olan organize cete bu islere hep sustu, ehil ve bagimsiz olmayan yargi vatandasin sisteme olan guvenini sarsti ve ulkede insanlar yargiya guvenmedikleri icin cek ve senet mafyasi, organize ceteler her yeri sardi ..50 milyar dolarlik Banka soygununda batan bankalarin avukati ne tesadufturki, Mustesarin yakini olan kisiydi..

2002 doneminde iktidar olan hukumet her ne kadar secim beyannamesinde yargi reformu yapacagim demissede, yarginin tarafli oldugunu gordugunden once kendi elindeki gucu kullanmak istedi , yargi reformu diye sundugu onerilerde bile yargiyi bagimsiz yapmak yerine tarafli yapmaya yonelik planlar vardi.. Bugunku Yarginin tarafli oldugu dusunuluyor ve dogrudur.. 1982- 2002 arasinda yargida ehil olmayan , tarafli belli siyasi gorusleri olan , mal beyanlari vermis ama kamu oyuna aciklanmamis dolar milyonerleri var.. Yeterli degiller, yargi deyipte gecmemek lazim , yargi ve denetim bu ulkenin kalbi oldugu halde tarafli ve ehil olmayan yargiclar cubbeleri ustunde cete elemani gibi ve bazen siyasi bir partinin tarafi gibi hareket ettiler..

Bizi 1980’e tasiyanda yargiclarin tarafli davranmasi olmustu…Ihtilali yapanlar tarafli yargicin bagimli olmasina karar verdi , o anayasanin en onemli sorunu buydu, Cumhurbaskanina verilen yetkiler ve siyasi iradenin yargi ustundeki hakimiyetini Ihtilalciler ozellikle istedi, yaptiklari islerden dolayi yargilanmamak icin yargiyi tarafli hale getirmek islerine geldi . Ihtilal donemindeki yapilanlarin ustune gidecek olan yargiclar etkisiz hale getirildi, iclerinden biri Sacit Kayasu dava acti ve kendini tetikci mufettis ve kendi arkadaslarinin kararlari ile sistemin disinda buldu .Siyasiler 29 yildir Yargic ehil ve tarafsiz olacakki , onlara bagimsizliklarini vereceksin diye dusunuyor , eger yargic ehil degil ve tarafli ise , siyasetci funyesi cekilmis bombalardan korunmak icin onlara bagimsizligini vermek yerine, memurlastiriyor..

Yargiyi ele gecirmek amac oldu, meclisi ve cumhurbaskanligini ele gecirmek ise arac oldu, cunku bu ulkede yargiyi ele gecirenin onunde kimse duramaz ..

Bugun gelinen hem uzulecek hemde cok sevinilecek bir durum var. Yargic sadece korunmasiz vatandas icin degil, herkes icin potansiyel tehlike oldugunu gosterdi..

Simdi kamu oyu artik bana dokunmayan yilan bin yasasin sozunu birakip, once dort olayi iyi ogrenecek..

1. Adalet neden mulkun temelidir..?
2. Ehil ve bagimsiz yargic ne demektir.?
3. Tarafli yargic ne demektir..?
4. Yargi neden bagimsiz degildir , nasil bagimsiz olabilir..?

Halk bunlari ogrenmez ve cozumun basinin sirasi ile

1. Ehil yargictan gectigini bilerek , Yeterlilik imtihanlari yapilarak , ehil olmayanlarin yargida gorevlerine son verilerek, hukuk egitim kalitesinin arttirilmasi ve egitim suresinin 4+ 3 = 7 yila cikartilmasi .
Hocalarin disarda avukatlik yapmalarinin ve sirketlerin emir eri olmasinin onune gecilmesi…!! Hocasiz hukuk fakultesi acmanin onune gecilmesi gerekir..

2. Bilirkisilik, adli tip , mufettislik kurumlarinin islah edilmesi
gerekmektedir, dogru ve guvenli yargilama bir ekip isidir..

3. Mal beyanlarinin saydam hale getirilerek , yargida gorev alan tum kisilerin icinden dolar milyonerleri olanlarin hapishanelerimizi sereflendirmesi gerekmektedir.Bu temizlik yapilmadan hirsizin adaletine kimse inanmasin ..

4. Tum bu calismalardan sonra halk yargi bagimsizligini saglayacak yargica bagimsizligini verecek yeni anayasa calismalarinin takipcisi oldugu gibi , yargi icindeki curuk elmalarin sistemin disina cikmasinda kamu oyu baskisi yaratacak, mufettislik kurumu ile adli tip kurumunada bagimsizligin verilmesini saglayarak, bilirkisilik kurumunun dejenerasyonunun onune gececek calismalarin takipcisi olacak..

Halk 80 olayinda oldugu gibi bu sistemin cozumunu gene askerinden beklerse cok hata yapar cunku ne yazikki bugun gerek  siyasetcimiz ve gerek askerimiz yarginin ulkenin temeli oldugunu ve bu sistemi ehil ve bagimsiz yapmadan ulkede cozumlere gelinemiyecegini anlamis degildir… !! Onlarin her ikisininde arzusu tarafli ve hukmedilebilir yargidan yana, halkin istedigi ile celisiyor, halk ise , ehil ve bagimsiz yargidan yana, zaten gelir adaletsizliginden cani yanmis halk, hic degilse yargi onunde esitlik istiyor, dogru ve guvenli yargilanma bu halkin hakki degilmi ? Halk bunu siyasetcisinden ve askerinden beklerse hata eder, her ikiside bunu yapamiyacagini uygulamalari ile gosterdi…

Yargi reformu demek , kendine uygun tarafli yargiyi saglamak degildir..
Yargi herkese lazimdir… Ozelliklede bugunku goruldugu gibi Medya, Burokrat , Yargic ve Askerimize yarinda siyasetcimize lazim olacaktir, kimbilir belkide yarin size !!! O yuzden bana dokunmayan yilan bin yasasin demeyin, funyesi cekilmis bu bombanin nerede, kimin elinde , nasil ve ne sekilde patlayacagi belli degildir, sizede ugrayabilir, bugun bagirmazsaniz , cozum icin cirpinmazsaniz, icerden sesinizi kimse duymaz, benden soylemesi….!!!

Sevgi, saygi ve selam ile

Mujdat guler

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