The Association of Criminal and Trial Lawyers has expressed its manifest concern regarding the developments in the wiretapping case, stating that the surveillance scandal "directly hits the hard core of democratic function and institutional order."
Demands for a Transparent Judicial Inquiry
The Association emphasizes that when fundamental constitutional rights are at stake, the judicial investigation must be exhaustive, transparent, and untainted. According to their statement, critical questions remain regarding the legality and purpose of the extensive surveillance network, which the state has yet to adequately address.
Public Criticism as a Democratic Necessity
The legal body underscores that public criticism, even when sharp, directed at judicial and prosecutorial decisions in matters of major public interest, is not a challenge to the institution of Justice. Instead, it is a legitimate and necessary expression of democratic oversight. Citing the jurisprudence of the European Court of Human Rights (ECHR), the Association notes that the actions of judicial officers are subject to strict public scrutiny.
Risks to Citizens and State Structures
The statement warns that the state's failure or neglect to provide convincing answers about who organized the surveillance network and for what purpose leaves both citizens and state structures exposed to future arbitrary actions. Defending the rule of law, the Association concludes, is not a matter of "public relations" or "dogmatic authorities," but requires active constitutional checks and balances and absolute transparency at all levels.
