A photograph showing Ertosun, the main actor in a recent crisis at the HSYK, walking toward Kent Hotel together with a suspect in the ongoing trial of Ergenekon, a clandestine organization charged with plotting to overthrow the government, was published in a number of Turkish newspapers last month. Ertosun requested an investigation into the photo, noting that it was not only unethical to publish a photo of him taken secretly but also illegal. He also wanted an investigation into whether the other people included in the photo, including Ergenekon suspect Engin Aydın, were also monitored. Stressing that wiretapping and monitoring can be conducted only after a court decision, Ertosun requested those involved in wiretapping and monitoring him be punished in accordance with relevant articles of the Turkish Penal Code (TCK).
Ertosun was the figure who moved HSYK deliberations over the final form of the highly anticipated yearly judicial appointment list into a deadlock by proposing the removal of two judges and the entire prosecution of the Ergenekon case. Ertosun received harsh criticism over reportedly meeting with a number of Ergenekon suspects at Kent Hotel, including Cumhuriyet chief columnist İlhan Selçuk (currently jailed as the trial proceeds), retired generals Şener Eruygur and Hurşit Tolon (both released from prison for poor health pending trial), retired Gen. Erdal Şenel (detained in January but released pending possible trial) and Başkent University Rector Mehmet Haberal.
