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May 26, 2012
 
 
 
 
 
 

Bar associations criticize HSYK, warn DTP against provocations

24 October 2009 / TODAY'S ZAMAN, İSTANBUL
Lawyers have voiced their criticism of the İstanbul Bar Association's call for an investigation into the prosecutors interrogating 34 members of the outlawed Kurdistan Worker's Party (PKK) who surrendered at the Habur border gate on Monday and called on the pro-Kurdish Democratic Society Party (DTP) to avoid provocative moves which could potentially damage the democratic initiative, referring to the joyful reception of the group.

The head of Şırnak Bar Association, Neçirvan Elçi, denounced the head of İstanbul Bar Association on Friday in a press conference in Şırnak, for his call on the Supreme Board of Judges and Prosecutors (HSYK) to launch an investigation into the prosecutors and judges who are responsible for the files of the PKK group.

Elçi dismissed criticism of the method used to investigate the group and stated that the investigation did not happen in the way the head of the İstanbul Bar Association and some media organs had claimed. “Prosecutors and judges bargained with neither the politicians nor the suspects. The investigation was conducted in a completely legal manner,” said Elçi.

The head of the İstanbul Bar Association criticized the investigation on Thursday in a written statement saying that the rule of law and the independence of the judiciary had been violated. “In the process of the investigation of 34 people returning to the country, attitudes in clear contradiction with the law which cast a shadow over the independence of the judiciary were observed,” noted the statement.

Voicing hopes that the resolution process of the Kurdish question is irreversible, Elçi stated that if the process was undermined, the country would go back 30 years. He called on everyone, especially his colleagues, to devote more attention and sensitivity to not damaging the progress of the process.

“I strictly condemn attempts to intervene in the affairs of the judiciary despite the lack of information both on the file and the method of investigation. The criticism of the reason the investigation took place out of the courthouse stems from lack of information,” Elçin said.

According to the statement released by HSYK: “The code on criminal procedure should be applied in the same way for all suspects and defendants. The constitutional laws related to the independence of the courts and prosecutors are obliged to adopt this approach.” It said that attitudes contradicting this approach would be watched by the members of HSYK.

In the written statement HSYK clarify the reason for the investigation of the group taking place at the border gate as being due to security concerns caused by the crowd gathered for the group's reception.

Furthermore, the head of Van Bar Association called on the DTP to act wisely for the process to progress without any problem. “At this moment, DTP members should act responsibly and consider the possibility that some circles are trying to derail this difficult process,” stated Ayhan Çabuk.

Commenting on the discussions that came after the controversial reception of the group, Çabuk pointed out that after 25 years of armed conflict, the country is moving towards a peaceful atmosphere bringing with it excitement and hopes for the settlement of the Kurdish question.

Çabuk noted that the joyous reception of the group was normal “but the receptions should not be at a level that disturbs some circles in the country.”

 
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