HSYK indirectly confirms attempt to replace Ergenekon prosecutors

In a joint written statement released on Tuesday evening, 10 HSYK members stressed that the board had no thoughts, proposals or attempts against the judges and members of the court hearing the Ergenekon case. The statement, however, failed to say the same thing about the prosecutors in the case, which comes as indirect verification of the board's plans to replace those prosecutors.

The HSYK announced on Monday that the judges and prosecutors conducting the Ergenekon case would retain their current positions. The announcement came after several days of deliberations with the Justice Ministry.

The Justice Ministry and the HSYK were in a stalemate these 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 groups 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.

“The fact that some press outlets and politicians have been granted the opportunity to influence the judiciary, that no respect was shown to the confidentiality of ongoing cases and that evidence in judicial cases has been published beforehand in a manner that would impact judges conducting those cases has made it a must to assign an extra deputy chief prosecutor to the [Ergenekon] case,” the statement said.

The assignment of Olcay Seçkin as an extra deputy chief prosecutor to the case raised eyebrows, with jurists expressing concern over whether the new prosecutor would influence the case and change its direction.

Tuesday's statement was released by HSYK deputy head Kadir Özbek and members Suna Türkoğlu, Ali Suat Ertosun, Musa Tekin, O.Cem Erbük, Coşkun Öztürk, F.Anıl Genç, Feyzi Altınok, H. Ceyda Kerman and Ayşe Albayrak Doğan.

HSYK members also stressed that the board would continue to be against any move that could put a stain on the independence of the judiciary.

“The HSYK will continue to display the necessary legal stance against any negative view or move against the freedom of the judiciary or the independence of judges and prosecutors. This is a constitutional duty of the board,” noted the statement.

New court may hear coup claims against retired generals

The Sabah daily reported yesterday that the HSYK has decided to establish a new specially authorized court in Ankara. The new court will most probably be assigned with the duty of trying retired army generals who are accused of plotting to overthrow the government.

There were earlier claims that the HSYK's attempt to establish such a court resulted in a deadlock with the Justice Ministry over the yearly appointment list. The HSYK reportedly asked for the appointment of Osman Kaçmaz, the judge of Sincan's 1st High Criminal Court, as the chief judge of this new court.

Kaçmaz is well known for his controversial ruling against President Abdullah Gül. The judge 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.

According to Sabah, retired generals Hurşit Tolon and Şener Eruygur, both Ergenekon suspects, may appear before the planned Ankara court on charges of plotting to topple the government.

Tolon and Eruygur stood before a judge in İstanbul on July 20, a first in the history of the Republic of Turkey. No high-ranking member of the military had previously been put on trial for such charges.

Meanwhile, the Vatan daily claimed that Ergenekon prosecutors have demanded in the third indictment that an Ankara court investigate two failed coup attempts known as Sarıkız (Blonde Girl) and Ayışığı (Moonlight).

According to the daily, prosecutors conducting the Ergenekon case have stressed that they are not entitled to investigate the coup attempts, calling for the Ankara Public Prosecutor's Office to undertake responsibility for such a probe.

The İstanbul 13th High Criminal Court, which is examining the third Ergenekon indictment, is expected to forward the prosecutor's demand to the Ankara Public Prosecutor's Office.

Also yesterday, the Justice Ministry posted a statement on its website saying the ministry had not intervened in the formation of the HSYK appointment list.

The statement came in response to a recent claim by HSYK members that the ministry leaked information to the press about the course of deliberations over the final version of the appointment list.

“The duty to examine a draft appointment list submitted by the Justice Ministry to the HSYK falls on the shoulders of the board itself. In this context, the HSYK examined the ministry’s draft list and made its final decision by making necessary changes on the list. The Justice Ministry has had no demand to make the board approve the list with no changes. … The positions of around 10 percent [of the names included in the list] were changed,” noted the ministry’s statement.

The ministry also underlined that the HSYK is an administrative body which has no judicial responsibilities. “It is the judicial bodies which are responsible for the monitor of the activities of judges, prosecutors and courts. Therefore, neither the HSYK nor the Justice Ministry has any possibility to interfere in the judiciary,” read the statement.

The Justice Ministry also reiterated its determination to stand up against any act that could put a stain on the judiciary or overshadow the independence of judges and prosecutors.