Pressure mounts on Ertosun to resign

During Thursday's conference, Ertosun responded to, among others, claims that he frequently attended semi-secret meetings with several suspects in the trial of Ergenekon, a clandestine gang charged with plotting to overthrow the government. This raises serious questions about Ertosun's impartiality as an HSYK member, as he demanded the removal of prosecutors and judges conducting the Ergenekon case two weeks ago. A recently publicized photograph shows Ertosun with Engin Aydın, a suspect in the case, allegedly going to one of these meetings, held regularly at the Kent Hotel in Ankara, where participants reportedly discussed the country's political landscape and made confidential decisions. The Kent Hotel meetings are also mentioned in the second Ergenekon indictment, which notes that some of Ergenekon's decisions were made at these meetings.

In his defense, Ertosun said the controversy was the result of a smear campaign launched against him that actually had the purpose of casting a shadow over judicial impartiality and the HSYK. He added that the HSYK's proposals for changing and reappointing prosecutors and judges are done only in accordance with the law and as stipulated in the Constitution, in response to allegations that the HSYK might be trying to interfere with the Ergenekon investigation. He also said Aydın was an old friend of his, and as a loyal friend, it was natural for him to have dinner with Aydın even after he had been implicated in the Ergenekon case.

The idea that judicial impartiality must come before friendship and loyalty is one of the many objections raised against Ertosun's defense.

Former HSYK Deputy Chairman Hakkı Süha Terzibaşıoğlu, who was in office between 1991 and 1995, said impartiality had to be primary in any judicial position. Terzibaşıoğlu said this wouldn't be enough by itself and that a person was responsible for proving their impartiality to the general public. “Even if they are old friends in some other respects, HSYK members should be careful when meeting with certain individuals or visiting some places that have a bad name,” he noted. He said no matter what the reality was, the image seen by the public did not give the impression that Ertosun was conducting his affairs in complete adherence with the principle of impartiality.

He said that in recent times, the HSYK has failed to build confidence, while the justice minister and his undersecretary have proven that they are the guarantors of impartiality in the HSYK's decisions.

Osman Kaşıkçı, the dean of Fatih University's faculty of law, made a similar comment saying he believed Ertosun's explanation was not sincere. "About the picture and Engin Aydın, I think it is most dangerous that he has meetings with suspects, given his position. He should act differently from ordinary people. We cannot treat this as an ordinary friendship," said Kaşıkçı. Servet Armağan, a professor of constitutional law, also agreed, saying Ertosun's explanation implied that he was admitting his relationship with Ergenekon suspects. Armağan said the Justice Ministry should start an investigation.

Reşat Petek, a former public prosecutor, said Ertosun should resign. "Ertosun in the speech openly said it was the HSYK's right to intervene in an ongoing judicial process. I don't find his explanations on Ergenekon and the photograph satisfactory. Saying someone is ‘my personal friend' is not enough. He made no convincing arguments. He talks about the medal he was given, but this is not the theme of the day. He should resign; he was unable to convincingly clear up many controversies," Petek said.

According to former public prosecutor Gültekin Avcı, ordinary prosecutors would have been removed from their positions if they were involved in similar relationships. “Formation of doubt about a judge's impartiality is enough reason for the removal of that judge,” Avcı said.

Another point jurists underline is that no friend of any defendant can possibly be impartial. Making this point, Süleyman Arslan from the Prime Ministry Human Rights Directorate Consultation Board said that just for that reason, Ertosun had refused to review re-appointment possibilities for prosecutors or judges who are working on the Ergenekon case.