Mastermind behind all major legal scandals: Kanadoğlu

Kanadoğlu has also maimed or covered up a series of investigations, particularly after the ruling Justice and Development Party (AK Party) assumed office. He has been a provocateur particularly in the presidential election, the Şemdinli investigation, the law allowing military personnel to be tried at civilian courts and, most recently, the coefficient scandal. Kanadoğlu is adept at finding legal formulas based on his subjective opinions and forcing legal principles to their limits.

His first performance was to apply as the chief prosecutor to the Constitutional Court in 2001, demanding that some of the founding members of the AK Party should be banned from politics. However, the court found no irregularities concerning the said people. Kanadoğlu brought an action against the AK Party demanding its closure on Oct. 23, 2002, just 10 days before the parliamentary election of Nov. 3, 2002. Kanadoğlu also claimed that AK Party leader Recep Tayyip Erdoğan could not become prime minister. His argument was accepted by the Constitutional Court, and while his party won an overwhelming majority in the election, Erdoğan could not become prime minister. Instead, Abdullah Gül assumed the role.

367 scandal

After retirement, Kanadoğlu continued to manufacture new ideas, and during the April 2007presidential election, he developed a new claim based on the numerical composition of Parliament. He argued that at least 367 deputies must be present at the parliamentary session for electing the president. The main opposition Republican People’s Party (CHP) was quick to give full support to his previously unheard of claim and applied to the Constitutional Court for the cancellation of the election. The court canceled the election, and the AK Party decided to hold snap elections in 2007.

While Kanadoğlu seemed to be victorious in denying Gül the presidential office, he also had an idea to ensure that Gül would not run for president again. So he drew up another formula, asserting that Gül would not be eligible for presidency due to his past alleged involvement in the lost trillion case associated with the now-defunct Welfare Party (RP).

Usurping parliamentary authorities

All his formulas failed to prevent Gül from becoming the head of the state, but Kanadoğlu was determined to keep on fighting. In 2008, the AK Party and the Nationalist Movement Party (MHP) passed a bill amending Article 10 and 42 of the Constitution to lift the headscarf ban in university campuses. According to Kanadoğlu, this was an attempt to indirectly alter the first three articles of the Constitution, which are said to be unchangeable. Again, the CHP played its part in applying to the Constitutional Court, which overstepped its powers and authority in canceling said constitutional amendments although it was authorized only to review them from a procedural standpoint.

When the term of office was reduced to five years for president and four years for Parliament in a referendum held on Oct. 21, 2007, Kanadoğlu made new accusations. He triggered debates about Gül’s term, but the ruling party was quick to pass legal regulations to put an end to the controversy.

Trying military officers at civilian courts

In 2009, the AK Party passed a law allowing military personnel to be tried at civilian courts for non-military offenses.

However, Kanadoğlu argued that the law was unconstitutional and upon application by the CHP, the Constitutional Court canceled it.

A formula for Şemdinli

Kanadoğlu’s theses were also employed in the Şemdinli case. On Nov. 9, 2005, a bomb attack was conducted against the Umut bookstore in the Şemdinli district of Hakkari. Two non-commissioned officers and a former Kurdistan Workers’ Party (PKK) member were caught as they were trying to escape.

Referring to one of these non-commissioned officers, Land Forces Commander Gen. Yaşar Büyükanıt said, “I know him. He is a good boy.” And the prosecutor who prepared the indictment, Ferhat Sarıkaya, was removed from office and disbarred.

The Van 3rd High Criminal Court sentenced the defendants to 39 years in prison each. At this point, Kanadoğlu offered a formula for saving the defendants. The Supreme Court of Appeals held that the trial should be heard by a military court. However, the local court did not comply with the Supreme Court of Appeals’ decision, but the court delegation was transferred to other places. The new delegation quickly sent the case file to the military court, and the defendants were released.

Coefficient scandal: another ingenious plan

During the postmodern coup of Feb. 28, 1997 the practice of applying different coefficients for ordinary high school and vocational high school had been introduced in order to disadvantage the graduates of imam-hatip high schools.

The Higher Education Board (YÖK) canceled this practice of differential coefficient applications, but the Council of State suspended the enforcement of the YÖK’s decision although it had previously declared itself as unauthorized to issue such a decision.

In response, the YÖK made a new regulation, but Kanadoğlu argued that it should also be canceled by the Council of State. The İstanbul Bar Association, which apparently works in conjunction with Kanadoğlu, applied to the Council of State for the cancellation of the new regulation and it obliged.

Has other theses

In 2008, when a closure case was brought against the AK Party, it was said that it was unfitting to close down a ruling party that had secured 47 percent of the popular vote. But Kanadoğlu said it could be closed down even if they had secured 97 percent of votes. Also, when the AK Party made it clear that it was intending to draft a new and civilian constitution, Kanadoğlu rushed to produce one of his ingenious theses and argued that the AK Party was no longer entitled to draft a constitution as the Constitutional Court had found it to be the focal point of anti-secular activities. The CHP and other opposition parties lent support to his thesis and the constitutional amendments hit deadlock.

He also made a prediction about the Ergenekon trials, saying, “The Ergenekon investigation is doomed to be like Şemdimli.” During the last year, Kanadoğlu has concentrated his efforts on the presidential election slated for 2012.