Members of the Criminal Chambers of the Court of Cassation are selected and appointeci by the High Assembly of the Judges and Prosecutors (HSYK) according to Art. 152/2 of the Turkish Constitution, Head of the said Assembly is the Minister Justice, and the Undersecretary of that Ministry is the natural member thereof.

Members of HSYK are elected f rom among the members of the Court of Cassation and the Council of State (Danıştay) according to Art. 159/2 of the Constitution.

President of the Republic, despite the fact that he take oath to be neutral as regard to the political spectrum after he has been elected, will usually be a person in politics because of his past and because he will stili be regarcled by the public as a politician.

Turgut Özal, vvho was the President betvveen I989 and 1993, had been the leader of the Motherland Party and elected for :he office of Presidency at the third ballot taking 263 votes out of a 450-member Parliament. The election procedures of the President have alvvays caused doubts for their impartiality and this has been and stili is a disputed subject in Turkey.

For the said doubts, Professor Kemal Dal, a member of the Commission preparing the 1982 Constitution, and vvho put an opposing clause (reservation) to Art. 102 of the Constitution, said: "Wide povvers have been given to the President. The recognition of these povvers in the draft copy of the Constituıor recjuıres the use of an adequate election system vvhıch will be in accorcl wiüı these povvers. For this reason. it vvill be more consistent if the Presidenî is appoınted by the Public; this is in fact a natural result of his povvers conferrecı by the draft copy. For this, l am against this arrangement of the said Article." W e think he was right.

If the judicıarv ıs an impartial function of the State, it should be able to designate ali of its membc-s i'self. High Council of Judges and Prosecutors (HSYK), a body at the top of itiı:- iudicıa hierarchy, should be abie to select ıts members among from the members of the judicial organs.

The appointment of the members of another function by the President, vvho is a member of the Executive, is contrary to the principle of separation of povvers. Moreover, the procedure that the General Boards of Councii of State and Court of Cassation wili nominate three candidates for each free place for the President to select öne, is in our view, degrading to the judiciary.