CANİKLİOĞLU: “ABEYANCE OF DECISION OF HIGH ADMINISTRATIVE COURT IS A HUGE LEGAL PROBLEM”

While Girne American University (GAU) Global Science Family’s legitimate struggle continues with “Today for Justice” slogan because concerned university authorities continue to use the expurgatory name against High Administrative Court’s it can’t be used decision, Dean of GAU Faculty of Law Prof. Dr. Meltem Caniklioğlu made statement in GAU TV and she underlined that that abeyance of decision of high administrative court is a big legal problem.

IT IS NOT GAU’S PROBLEM, IT IS A PROBLEM OF INSTITUTIONS AND ORGANIZATIONS THAT ARE NOT ABIDE BY THE DECISION.

Prof. Dr. Meltem Dikmen Caniklioğlu who made a statement in GAU TV said that she has started her professional life as a public prosecutor, and then she worked as a judge for 6 years, after that she has passed to academic life. She underlined that she hasn’t seen a situation like this. She said that “Judges come to the fore when there is law, and courts gain meaning with impartial judges who are not only give decision, but also who insist on the follow-up of these decisions that they believe to be true. My professional approaches and my professional applications are in this direction.”

Caniklioğlu, indicated that Faculty of Law is a part of the university and problems that they have faced affect both students and academic staff of Faculty of Law, she said these when she made a statement about the reason to this subject come to this point;

Because in the lectures in law schools we basically teach basis things which are court decisions bind legislative, executive and judgmental organs of connecting all real and legal persons. Legal education has no meaning unless it has a conscience also there is no function of the courts in the legal system. Therefore fundamental duty of a real person and public enterprises is, fulfil the decision if the court made a decision on a legal system. Thus we accepted with sorrow the suffering caused by did not abide the YIM’s decision for GAU.  But at the same time it is also a problem for institutions that caused unjust suffering.

CANİKLİOĞLU: “IF THERE IS LAW, THERE ARE RIGHTS THAT HAVE INSECURED. GAU HAS A RIGHT TO BENEFIT FROM THESE RIGHTS. IF GAU CAN’T BENEFIT FROM THESE RIGHTS, IT WILL BRING TOGETHER THE DISCUSSIONS THAT WHETHER TRNC IS IN A STATE OF LAW OR NOT.”

Prof. Dr. Canikoğlu underlined that if there is law there are rights secured in law, and GAU has a right to benefit from rights. Following the interview Canikoğlu stated that: “If there is a adjudication in judicial system and this is not be implemented, there are some ways to enforce the decision for the parties in favour of judgement. These things are expressed clearly and diffusively on TRNC legal system, because state of law includes all the rules of law and assurance for law. Thereby for implement the decision which in favour of GAU benefit from legal ways. Some of ways can be achieved by institutional struggle. Legal struggle can be done any kind of legal way. We could congregate as a protest against this decision and convey our voice to widen environment. We demand justice via submitting a petition or make an allegation in the line has demonstrated the constitution about the institutions that do not implement the decision and ensure that start of prosecution procedure. There are various ways and methods. We show determination and bravery. If it cannot be taken it will be under suspicion whether TRNC is state of law or not. GAU do not want such a discussion regarding their corporate structure related to its presence.” 

CANİKOĞLU:  NO STATE PREFERS TO INITIATE A DISCUSSION ABOUT ITS EXISTENCE AND CORPORATE STRUCTURE. WE STRONGLY BELIEVE IN THIS.

Canikoğlu made an explanation about question how solution must be followed, in case of experiencing similar situation took place in Turkey, Canikoğlu stated that there are duties of both  local administrative chief and jurisdiction for implement the decision given by the court of law of the Republic of Turkey government. In addition, in case of similar situation occurred in Turkey, “If the injunction is not implemented by administrative authorities there are legal procedures for the administrative authorities that do not fulfil the conditions. It occurs in strong way.”