Çiçek complained that he was denied the right to see the transcript of his testimony after he was interrogated by prosecutor Zekeriya Öz, who is leading the investigation into Ergenekon, a clandestine criminal organization accused of plotting to overthrow the government.
After his interrogation, Çiçek was initially arrested on suspicion of links to the action plan -- named the “Action Plan to Fight Reactionaryism” and first published by the Taraf daily last month -- but was later released after his lawyer submitted an appeal, creating controversy.
The alleged action plan bears Çiçek's signature and describes a plot to bring down the ruling Justice and Development Party (AK Party) and the Gülen movement through framing individuals by planting weapons in their homes and manufacturing false news stories.
In his criminal complaint, the colonel also complained about Judge Hakim Rüstem Eryılmaz, who ordered his arrest.
“I demand that which should be done against İstanbul Public Prosecutor Zekeriya Öz and Judge Rüstem Eryılmaz, for refusing to grant me and my lawyer the [documents pertaining to] my testimony and the order of my arrest, in order to prevent my lawyer from appealing the order,” read the complaint.
However observers find the timing of the complaint intriguing, coming just as the HSYK conducts deliberations over whether to replace the judges and prosecutors working the Ergenekon case.
The HSYK board has for several days been working to reach a compromise as it works to reach the final form of its yearly appointment list. The list is traditionally announced in June but has been delayed this year amid questions over whether it will have a decisive impact on the Ergenekon case, in which retired generals and retired and active duty military personnel of various ranks as well as dozens of other defendants are standing trial for planning to topple the democratically elected government.
Last week, HSYK member Ali Suat Ertosun sparked controversy by proposing the removal of prosecutors and judges assigned to the Ergenekon case as well as prosecutors conducting probes into illegal groups across the country.
The proposals drew the ire of many analysts, who believe the move aims to change the course of important judicial cases.
The HSYK continued its deliberations yesterday, but no decision was made public by the time Today's Zaman went to print.
Milliyet daily columnist Can Dündar claimed in his column published yesterday that the HSYK's Ertosun had prevented him from meeting with a suspected plotter of the 1996 assassination of businessman Özdemir Sabancı.
According to Dündar, he obtained all necessary permissions in 1999 to meet with Mustafa Duyar, who was incarcerated at the Afyon Prison for the Sabancı murder.
“However when we were going to enter the prison, Ertosun [the then director general of prisons and detention centers] denied us the right, saying our entry would violate prison regulations,” Dündar said.
The columnist said Duyar was killed in his prison cell only two weeks after they were denied the right to meet with him.
“Then Ertosun was granted the state order of merit and appointed a member of the Supreme Court of Appeals. Later he became a member of the HSYK. And now the AK Party complains that Ertosun has a decisive say in the replacement of Ergenekon judges and prosecutors. But who was it who proposed the granting of a state order of merit to Ertosun? It was [government spokesperson] Cemil Çiçek. Who presented him with this honor? It was [Deputy Prime Minister] Cemil Çiçek. And who appointed him to the HSYK? It was [President] Abdullah Gül [a former AK Party member]. So, why complain?” Dündar said.
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