The board convened for another round of bargaining yesterday with the participation of the justice minister, but there was little hope for compromise over the new positions of prosecutors and judges conducting the Ergenekon case -- in which dozens of military personnel, businessmen and journalists are standing trial on charges of attempting to overthrow the government -- as well as prosecutors conducting probes into illegal groups throughout the country.
The HSYK wants to replace those judges and prosecutors, but the justice minister is strongly opposed to such a move as it could totally change the course of Turkey's top judicial cases.
Last week HSYK member Ali Suat Ertosun sparked a controversy when he proposed the removal of the Ergenekon prosecutors and judges along with those who conducted an investigation into the Kurdish Democratic Confederation (KCK), the urban arm of the terrorist Kurdistan Workers' Party (PKK), and into jailed Col. Cemal Temizöz, who has suspected links to the killing of hundreds of civilians by gendarmes in the 1990s in southeastern Turkey.
HSYK members claim that there are various complaints against Ergenekon prosecutors and demand their replacement. The complaints were, however, filed by suspects in the case. Justice Minister Sadullah Ergin defends the prosecutors, saying they have neither abused their power nor been investigated in relation to the probes they have conducted. The minister says the replacement of those prosecutors would taint the image of the Turkish legal system.
In accordance with the Law on Judges and Prosecutors, a prosecutor cannot be removed from his position unless he undergoes an investigation after being suspected of having made a serious error that may affect the trial he is working on or unless he completes his seven-year term in office. None of the prosecutors or judges who Ertosun wants to replace have completed their term yet.
The proposals drew the ire of the justice minister, who sometimes did not attend HSYK meetings or left deliberations halfway through a meeting. The board is not entitled to make a decision on the appointment list when the justice minister or his undersecretary is not present at discussions.
Justice Minister Ergin refused on Thursday to comment on the course of HSYK meetings. “We are continuing our deliberations. It would not be right to offer a comment before the discussions end,” he said.
The fact that prosecutors and judges working on the Ergenekon and KCK cases have not yet been removed has boosted hopes that the justice minister will not bow to any internal or external pressure to that end. The prospect of the removal of Ergenekon prosecutors had drawn the indignation of jurists and analysts, who said it would deal a serious blow to the case, which is referred to as the case of the century in Turkey. They also said such a move would allow illegal groups in the country to go unpunished and hinder prosecutors from any future effort to reveal their existence.
The HSYK has not issued its complete yearly appointment list for judges and prosecutors though the Justice Ministry submitted its proposal nearly 40 days ago. The board has been conducting deliberations on the list since June 15. The list is traditionally announced in June.
Observers also slammed Col. Dursun Çiçek, whose signature was found on a highly controversial action plan against the government, for filing a criminal complaint with the HSYK against an Ergenekon prosecutor.
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 Ergenekon investigation. However, observers find the timing of the complaint intriguing, coming just as the HSYK is conducting its debate over whether to replace the judges and prosecutors working on the Ergenekon case.
Law associations call on HSYK to take its hands off ongoing cases
A large group of jurists affiliated with various law associations released a joint statement in which they expressed their concern over the HSYK's attempts to interfere in ongoing judicial cases.
The group said the current debates within the HSYK over the replacement of a number of prosecutors and judges have become a source of concern for a country governed by the rule of law. "The whole of Turkey is focused on the HSYK crisis. People are talking about attempts aimed at changing the course of cases that may shed light on Turkey's shadowy past. This situation worries us," said Kamil Uğur Yaralı, head of the Jurists' Association.
Yaralı also described the HSYK as a body that has put pressure on prosecutors and judges since it was established. He called on the board to refrain from any move that may pose an obstacle to Turkey's path toward democratization.
