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Fresh round of talks to overcome deadlock in HSYK
The HSYK appointed over 1,400 judges and prosecutors last week in a partial deal reached with the Justice Ministry; however some HSYK members still insist on removing top judges and prosecutors involved in critical cases.
The board convened regularly last week, but the prospect of compromise in regards to the new positions of prosecutors and judges involved in 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 has disappeared. The HSYK wants to replace those judges and prosecutors, but the justice minister is strongly opposed to such a move as it could completely change the course of Turkey's top judicial cases.
Leading the charge at the HSYK is Ali Suat Ertosun, who sparked 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 the Ergenekon prosecutors and demand their replacement. The complaints were, however, filed by suspects in the case. Justice Minister 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 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 the 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.
A large group of jurists affiliated with various law associations released a joint statement last week 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. "Turkey is focused on the HSYK crisis. People are talking about the attempts aimed at changing the course of these cases that may shed light on Turkey's past. This situation worries us," said Kamil Uğur Yaralı, head of the Jurists' Association.
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