HSYK appointments welcomed but extra prosecutor raises questions

After an eight-hour meeting, the Justice Ministry and the HSYK finally reached a compromise late on Monday over the new positions of prosecutors and judges involved in Turkey's most critical judicial cases.

The ministry announced that the judges and prosecutors conducting the Ergenekon case will retain their current positions, adding that the ministry will look into complaints about their handling of the case.

An extra deputy chief prosecutor has also been assigned to the Ergenekon case.

Judges and 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 is linked to the killings of hundreds of civilians by gendarmes in the 1990s in southeastern Turkey, will also retain their positions.

Jurists have welcomed the fact that senior prosecutors and judges have not been removed from their positions, saying Turkey avoided the risk of completely changing the course of its top judicial cases.

The deliberations between the Justice Ministry and the HSYK were in a stalemate over the past few weeks due to the latter's desire to replace high-profile judges and prosecutors. Justice Minister Sadullah Ergin was strongly opposed to such a move, charging that it would deal a serious blow to investigations into illegal bodies in the country.

The idea of replacing senior 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.

Reşat Petek, a retired chief public prosecutor, stated that the assignment of an extra deputy chief prosecutor, Olcay Seçkin, to the Ergenekon case has given rise to the impression that it was the result of some sort of bargain between the Justice Ministry and the HSYK.

“I don't want to think that this assignment will have a negative impact on the case. I hope the Ergenekon case will be coordinated in a suitable manner. The probe will be conducted by the prosecutors; the chief prosecutor will be responsible for the coordination of the case and will be assisted by the deputy chief prosecutor,” he stated.

According to Mustafa Şentop, a professor of constitutional law at Marmara University, the assignment is a strong sign of a bargain between the ministry and the board.

“I believe the HSYK's yearly appointment list is the product of a bargain between the Justice Ministry and the HSYK. But I don't think Seçkin's assignment will make a vital difference in the Ergenekon case. If [İstanbul Deputy Chief Prosecutor Turan] Çolakkadı was replaced by Seçkin, then it would be problematic. However, Çolakkadı is still in office. Seçkin will assist Çolakkadı, and I don't think he will have a critical say in the case,” Şentop remarked.

All Ergenekon prosecutors -- Zekeriya Öz, Mehmet Ali Pekgüzel and Fikret Seçen -- were among those Ertosun wished to replace. İstanbul Chief Public Prosecutor Aykut Cengiz Engin and Çolakkadı were also on the HSYK member's list.

Appointments to Ankara court may undermine Ergenekon probe

Five critical appointments to the Ankara 4th Administrative Court have raised questions over whether the Ergenekon probe may receive a blow in the days ahead.

Five new members have been appointed to this court, which will have the final say in the launch of an investigation against Ergenekon prosecutors. However, there are claims that these members -- Sevgi Toprak, Mürteza Güler, Yakup Bal, Ertan Demirci and Çağatay Karaman -- were appointed to their former positions by a proposal from HSYK members.

Jurists fear that an investigation against prosecutors in the Ergenekon case may totally change the course of the case.

Meanwhile, the Justice Ministry announced that there had been 38 criminal complaints against Ergenekon prosecutors, adding there was no need for further inquiry into 28 of these. "We are probing the remaining 10 complaints," noted the ministry.

Highlights from the appointment list

Monday's HSYK appointment list made certain the new positions of 164 senior prosecutors and judges.

According to the final version of the list, Murat Gök, a prosecutor who conducted various probes into criminal organizations in the Aegean city of İzmir, was reappointed to Samsun. Gök's name was on the Ertosun replacement list.

Osman Kaçmaz, the judge of Sincan's 1st High Criminal Court, retained his position. Kaçmaz is best known for his controversial ruling against President Abdullah Gül. He ruled in May that Gül should stand trial in a decade-old fraud case. His ruling came as an open violation of the Constitution, which stipulates that presidents cannot be put on trial except for treason.

Judge Tuncay Aslan, who had been temporarily working on the Ergenekon case, was assigned to the İstanbul 9th High Criminal Court as a permanent member.

Ahmet Kalpak, head of the Adıyaman High Criminal Court, was appointed to the Diyarbakır High Criminal Court to deal with the killing of hundreds of civilians by gendarmes in the 1990s in southeastern Turkey.

Diyarbakır Chief Prosecutors Durdu Kavak and Ergün Tokgöz, who were handling unsolved murders in the Southeast, remained in their positions.

Tunceli Chief Prosecutor Zekeriya Bayazıt was appointed to Gemlik. Bayazıt had launched an investigation against the Tunceli governor for distributing white goods to city residents ahead of the March 29 local elections.

Van Chief Prosecutor Yahya Akçadırcı, who had conducted a probe into the Dağlıca terrorist attack, in which 12 soldiers were killed, was appointed to the Beyoğlu Public Prosecutor's Office in İstanbul.