Parties continue to play final trump cards for HSYK appointments

The HSYK convened yesterday for a fresh round of talks to put an end to deliberations on the board's yearly appointment list. It appointed over 1,400 judges and prosecutors last week in a partial deal reached with the Justice Ministry. The board was, however, in disagreement with the ministry over the replacement of judges and prosecutors conducting critical cases. The board was continuing its deliberations by the time Today's Zaman went to print yesterday, with little hope that the HSYK and the Justice Ministry would reach a compromise over the final version of the much-anticipated appointments list.

Though the HSYK convened regularly last week, it failed to reach an agreement with Justice Minister Sadullah Ergin 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 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.

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. The idea of replacing those judges and prosecutors came from HSYK member Ali Suat Ertosun, who has suspected links to some of the suspects standing trial in the Ergenekon case.

According to Justice Minister Ergin, replacement of the prosecutors would go against the law and taint the image of the Turkish legal system as they have neither abused their power nor been investigated in relation to the probes they have conducted.

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 has yet completed their term.

The Association of Human Rights and Solidarity for Oppressed Peoples (MAZLUM-DER) staged a demonstration in front of the HSYK building yesterday, denouncing the board's attempt to change the course of Turkey's most critical cases.

“Jurists have for some time been involved in the execution of legislation, and they have reflected their ideologies on ongoing cases. We are calling on members of the judiciary whose photos with suspects in ongoing cases were published in newspapers and who have stood by those members to show dignity and resign from their positions. If the HSYK members really believe in the independence of the judiciary, then they should stop holding the sword of Damocles over prosecutors conducting the Ergenekon investigation,” stated Üstün Bol, the head of MAZLUM-DER's Ankara branch.

News sources claimed yesterday that the justice minister would refuse to attend further deliberations of the HSYK if the board declines to withdraw its proposal over the replacement of senior judges and prosecutors.

The HSYK is not authorized to make a decision on the appointment list when the justice minister or his undersecretary is not present at discussions.

Architect of HYSK raises voice against removal of prosecutors

Mehmet Feyyat, former İstanbul public prosecutor, has said the removal of Ergenekon prosecutors and judges would be tantamount to high treason.

Feyyat, who had a major role in the establishment and structuring of the HSYK, said he regrets all efforts he exerted for the board. “It would be tantamount to high treason to remove judges and prosecutors in the Ergenekon case. It is disrespect to the judiciary to criticize the Ergenekon probe. I don't think the HSYK could continue to serve the country with its existing structure,” Feyyat noted.

The former prosecutor said the HSYK should be under the umbrella of the Justice Ministry.

“One of my former professors defended the idea that the HSYK should be under the umbrella of the Justice Ministry since the very day it was established. The latest crisis [in the yearly appointment list] has proved my professor right,” Feyyat stated.

According to Feyyat, judges and prosecutors conducting Turkey's most critical cases are not under the guarantee of the Constitution. “Heavy responsibility falls on the shoulders of judges and prosecutors conducting these cases. Those who committed the unsolved murders have nothing to do with the state. They are traitors. No one should stand as an obstacle before the investigation of these infamous incidents,” he added.

In the meantime, the Star daily wrote yesterday that former Chief of General Staff Gen. Hilmi Özkök had praised Ergenekon prosecutors as he testified as a witness in the case.

“You have kicked off a probe no one dared to do in the history of the Republic of Turkey,” Özkök reportedly told the prosecutors earlier this year. The prosecutors, in response, told the retired general that what he will tell them will help illuminate Turkey's near past.

“You will write history here. What you will tell us is very important for us,” the prosecutors allegedly told Özkök.

Ertosun met with army member ahead of Temizöz arrest

The Bugün daily reported yesterday that Supreme Board of Judges and Prosecutors (HSYK) member Ali Suat Ertosun met with a brigadier general only two weeks before Col. Cemal Temizöz, who has suspected links to the killing of hundreds of civilians by gendarmes in the 1990s in southeastern Turkey, was arrested.

According to the daily, Ertosun visited Brig. Gen. Ali Aydın, who was a senior commander of Temizöz, at his summer house in the central Anatolian province of Kayseri on March 6. The HSYK member stayed for two days in Aydın's house and reportedly had deliberations with him on secret issues.

Col. Temizöz was arrested in March in connection with an investigation into human remains found in wells in Şırnak's Silopi and Cizre districts. He was accused of “inciting murder” and “membership in an armed organization.” There is a demand for nine aggravated life sentences for Temizöz.

In a proposal he submitted to the HSYK, however, Ertosun demanded the removal of judges and prosecutors who conducted an investigation into Temizöz.

Ertosun's meeting with Brig. Gen. Aydın has brought a question to mind over whether the two discussed ways to save Temizöz from prosecution. Earlier this month, Turkish dailies published a photo showing Ertosun in attendance at secret meetings held between army officers at the Kent Hotel in Ankara. According to claims, the participants discussed the country's political landscape and made confidential decisions in these meetings.

Ertosun reportedly met with a number of Ergenekon suspects during these meetings, among them Cumhuriyet chief columnist İlhan Selçuk (currently jailed as the trial proceeds), retired generals Şener Eruygur and Hurşit Tolon (both released from prison citing poor health pending trial), retired Gen. Erdal Şenel (detained in January but released, possibly pending trial) and Başkent University Rector Mehmet Haberal.

The alleged meetings between Ertosun and Ergenekon suspects added to concerns that the HSYK may have secret plans to prevent those suspects from being prosecuted or sentenced in the Ergenekon case.