Bar Association: Ceremony Undermined Secularism, Impartiality, and Judicial Independence

In a written statement issued on Friday, the Bar Association expressed concern that the ceremony presented an image that severely tested the principles of secularism, impartiality, and judicial independence.

The Association underlined that the judiciary, as a constitutional requirement, must remain equidistant from all beliefs and non-beliefs. The inclusion of religious elements in the ceremony, they said, has unfortunately undermined both impartiality and the judiciary’s constitutional legitimacy.

“The judiciary derives its public authority from the Constitution, and it is obligated to exercise that authority with impartiality,” the statement read. “Even symbolic or representational actions that fall outside constitutional boundaries erode public trust in the judiciary and foster structural perceptions that conflict with the rule of law.”

The Bar Association stated that the event raised serious concerns regarding the principles of the rule of law, separation of powers, judicial independence, and secularism, and that they felt compelled to share these concerns with both the public and the Supreme Court.

“Religious Rituals in the Ceremony Undermined Impartiality and Constitutional Legitimacy”

Referring to widely circulated images from the event in the press and on social media, the Association noted that the ceremony was conducted with the presence of an imam and the recitation of a prayer.

“This format does not align with the culture and state traditions of the Turkish Cypriot community,” the statement read. “In an official event representing the highest institution of the judiciary, the inclusion of religious rituals presents an image that seriously undermines the principles of secularism, impartiality, and independence.”

“A Direct Violation of the Principle of Separation of Powers”

The Bar Association also pointed to the event’s official invitation, which listed the Ministry of Urbanisation and Climate Change of the Republic of Turkey and the TRNC Ministry of Public Works and Transport as hosts.

They noted that the Supreme Court appeared alongside the Turkish Embassy in Nicosia, TOKİ (Turkey’s Housing Development Administration), and KEİ (Real Estate Development and Public Housing Administration), adding that this alignment and the structure of the official protocol constituted a direct violation of the principle of separation of powers.

“The judiciary’s presentation as intertwined with the executive organs of both the Republic of Turkey and the TRNC poses a serious threat to the judiciary’s real and perceived independence,” the Association warned.

“Even Symbolic Acts Outside the Constitution Harm Public Trust in the Judiciary”

Reiterating that the judiciary’s authority derives from the Constitution and must be exercised with impartiality, the Association stressed that even symbolic or representational acts outside constitutional norms can harm public trust and contribute to perceptions contrary to the rule of law.

“The construction of the Supreme Court building as a joint project between the Republic of Turkey and the TRNC is one matter,” the statement noted. “But safeguarding the independence of the judiciary—one of the community’s strongest guarantees—is another entirely.”

The Association asserted that the state has a responsibility not only to invest in the judiciary but also to ensure that such investments do not harm judicial independence. In this regard, the state failed in its duty during the ceremony.

While the statement expressed belief that the controversial images did not originate from the Supreme Court itself, it placed responsibility on the Ministry of Public Works and, by extension, the government, for organising the event.

It called on the Supreme Court to re-evaluate the incident in light of constitutional principles and to ensure similar occurrences are avoided in the future. The Association emphasised that maintaining the independence and impartiality of the judiciary is of “vital importance.”

The statement concluded by affirming that the principles of the rule of law, separation of powers, judicial independence, and secularism are constitutional guarantees that enable the Turkish Cypriot community to continue living on the island, and must be preserved at all costs.