13 November 2009 / METIN ARSLAN, ANKARA
An indictment seeking the disbarment of Judges and Prosecutors Association (YARSAV) President Ömer Faruk Eminağaoğlu has been submitted to the controversial Sincan 1st High Criminal Court, whose chief justice, Osman Kaçmaz, could also face disbarment, to decide whether an investigation should be launched into Eminağaoğlu, sparking concerns over whether the court can remain impartial.
Earlier this week, the Justice Ministry requested the removal of Sincan 1st High Criminal Court Chief Justice Kaçmaz and YARSAV President Eminağaoğlu upon the conclusion of its investigation into a series of questionable rulings that stretch back to 2008. Inspectors from the Justice Ministry combined two indictments on Eminağaoğlu and Kaçmaz in one and the Sincan Chief Public Prosecutor’s Office sent the indictment to the Sincan 2nd Criminal Court instead of the Sincan 1st High Criminal Court on the grounds that Kaçmaz would not give an impartial decision if he evaluates the indictment.The second court, however, reportedly said that accusations against the two were not related to each other and requested that the court to evaluate the indictment should be determined by drawing lots.
According to a random distribution by the National Judiciary Network Project (UYAP), the indictment was sent to the Sincan 1st High Criminal Court, sparking concerns over whether the court can issue an impartial decision or if it will prevent Eminağaoğlu from being investigated.
