Press Release

Speech of the General Prosecutor, Mr. Olsian Çela at the meeting of the prosecutors for the election of the three prosecutor members in HPC

The High Prosecutorial Council’s effective operation stands, undoubtedly as one of the most significant elements of the justice reform. The guaranteeing of the prosecutors’ independence in the exercise of their functions, the ensuring and protection of their status, the merit-based career, and the accountability through a transparent and objective disciplinary process form, altogether, the groundwork for the normal functioning of the prosecution system as an integral part of the justice system. Precisely, because of this essential role played by the council, the process of electing its members takes on paramount significance.

With the admission of three new members to this council, the council’s composition since its inception in December 2018 is completely renewed. In light of such circumstances, I find it appropriate to thank its members still in office and those who have completed their mandate, for their contribution to the functioning of the prosecution institution, especially amid the backdrop of substantial constitutional and legal changes. 
Certainly, there are aspects and processes that could have been executed better or completed faster, but the council is a new entity and has been operating amidst challenging circumstances within the country’s justice system. The vetting process and the created vacancies have not made the work any easier for anyone, as well as the implementation of a series of new laws that have fundamentally transformed the way the prosecution operates, standards related to the career, and the disciplinary process would naturally encounter issues.
Viewed from this perspective, both the further consolidation of the achievements so far, as well as the acceleration or correction of the processes that may have not been carried out properly are just a challenge to the renewed council. I, hereby, wish to underscore the progress made in the evaluation of the prosecutors. The objective difficulties confronting the council emphasize the necessity of reviewing the relevant existing regulations, but also for potential changes in the law. 

The council's relationship with the General Prosecutor remains of utmost priority. The respect for the constitutional and legal positions of both institutions, avoiding duality in the interpretation of their roles within the prosecution system and the emphasis on the exercise of functions in a complementary way to the institutions’ benefit are fundamental issues for the smooth functioning of the council. The General Prosecutor, who according to law carries the responsibility for the functioning of the General Prosecutor's Office and district prosecution offices of general jurisdiction, while being their representative will remain a positive contributor in this context.
The prosecution is undergoing a complex process of transformation. The decentralization and independence of prosecutors in decision-making, as new features for the organization of the institution pose challenges that cannot be resolved through incoherent or uncoordinated attitudes. There is a need to enhance the prosecutor’s sense of responsibility in their daily activity within their respective offices.
Regarding the organizational plan, the prosecutor's office must operate cohesively, hence it is imperative to find an equilibrium between respecting the independence on one hand, and ensuring efficient mechanisms towards achieving institutional goals on the other hand. This cannot be achieved without the serious commitment of both prosecutors and directors of each office, as well as the interaction and coordination between the latter and the General Prosecutor's Office. 

I would like to underline the pivotal role of the prosecution offices’ leaders in ensuring institutional cohesion through a proactive approach designed to synchronize activities at all levels. It is within this framework that both the disciplinary and evaluation processes for prosecutors assume particular significance so as to ensure accountability and meritocracy, as instruments for guaranteeing institutional performance.
Considering the aforementioned, I say that today marks the culmination of a journey that commenced in July, it is the culmination of a process developed in all the prosecution offices across the country, throughout which the candidates had the opportunity to meet with their peers and share their perspectives on how the council can operate better and outline the contributions they aim to provide as your elected representatives.
Allow me to emphasise that while we strive to construct and consolidate new institutions, the mind-sets of the past occasionally surface. Constraining the act of voting to a mere individual relationship between the voter and the voted detrimentally affects the activity of the council. Magistrates and aspiring advisers, in the context of this voting process, act as subjects serving the greater good to the justice system and to the public interest. We require reliable institutions that operate according to the law and uphold standards, rather than institutions that cater to personal interests.
In this context, it is essential to bring to everyone's attention that the council’s members are the stewards of a constitutional and legal responsibility, for ensuring the smooth functioning of the rule of law, with the prosecution being a crucial contributor. It is essential to recognize the importance of establishing a solid, constructive, and transparent relationship between prosecutors and the High Prosecutorial Council aimed at ensuring efficient operations aligned with the council’s standards. Violation of standards in the way decisions are taken regarding the career or disciplinary violations of magistrates represent the initial link in a chain that ultimately leads to the chronic malfunction of the rule of law.

These days, we’ve all been closely watching distressing announcements regarding the peril that two of our colleagues faced because of their duty. While on one hand these facts are serious and demand punishment according to the law, on the other they call for us to rally together showing solidarity and recognizing that these challenges can only be surmounted through our commitment to our task.  Only such an attitude will discourage anyone who thinks that through threats and serious acts of violence toward magistrates’ lives will undermine and obstruct the pursuit of justice.
We are undergoing a difficult period, marked by persistently low levels of public trust to our institution over the years. It is imperative that we do not permit negative phenomena to tarnish and, concurrently, undermine our common commitment to the pursuit of justice. Our country requires magistrates who are independent from anyone, who are guided by the principles of the constitution and the law, and have the courage and energy to confront the challenges of the difficult profession they have chosen.
Despite the above, there are numerous compelling reasons for us to take pride in our daily work. I wish to bring to everyone’s attention both within and beyond the confines of this hall, that tens of thousands of criminal offenses are investigated by you, thus leading to tens of thousands of offenders receiving their due punishments every year in the courts thanks to your work. Many dangerous criminals have either served or are currently serving sentences for their crimes thanks to the multi-year work of hundreds of magistrates. Every issue being resolved, no matter how minor or seemingly insignificant, represents an essential act of justice carried out on behalf of the citizens of our country.

As prosecutors, we will continue to do our best and remain unwavering in our commitment to justice. Therefore, let's view today as an opportunity to further normality. Changes are always a good chance to improve and move forward.
While closing my speech, I would like to extend my thanks to the candidates for their engagement in this process as well as for their integrity and professionalism shown during the campaign they have conducted and I wish them successes.