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HSYK adds one more controversial ruling to its record
At a hastily called meeting, the HSYK decided to revoke the extraordinary authority of Erzurum specially authorized prosecutor Şanal as well as that of another specially authorized prosecutor in Erzurum, Tarık Gür, and public prosecutors Rasim Karakullukçu and Mehmet Yazıcı.
The board also decided to file criminal complaints against Gür, Karakullukçu, Yazıcı, Şanal and Sinan Kuş, the chief public prosecutor in Erzurum. The board’s action against Şanal came following Şanal’s probe into Erzincan Chief Public Prosecutor İlhan Cihaner, which resulted in his arrest early on Wednesday. Cihaner faces charges over membership in a terrorist organization and the falsification of documents. He was taken into custody on Tuesday after a thorough search of his office and house as part of the ongoing probe into Ergenekon, a shadowy crime network that has alleged links within the state and is suspected of plotting to topple the government.
Justice and Development Party (AK Party) parliamentary group deputy chairman Bekir Bozdağ described the latest HSYK ruling as an open violation of the Constitution and the law while noting that the ruling was a direct intervention in an ongoing judicial case. “At a time when a probe into a public prosecutor is in progress, the HSYK has convened and made rulings, overstepping its authority [as defined] in the Constitution. There is no institution protecting the millions of people in Turkey who face charges. This is a privileged stance [taken for Cihaner], and it is against the Constitution. The HSYK’s attitude is an unacceptable one. It is an obvious intervention against the independent judiciary and the state of law. This opens the legitimacy of the HSYK up to debate because the HSYK has made its legitimacy a matter of dispute by adopting an attitude that puts itself above the judiciary and the Constitution,” explained Bozdağ.
This is not the first time the HSYK has drawn such criticism, as the board previously attempted to replace the prosecutors and judges in the Ergenekon probe. The prospect of the replacement of the Ergenekon jurists concerned many who saw such a move as direct intervention in the case, which is seen by many as a milestone in the history of the republic as it is the first time that Turkey has confronted coup plotters directly. After a great deal of wrangling, the board failed in its attempt.
Sacit Kayasu, a former prosecutor who was removed from his post when he prepared an indictment against the perpetrators of the Sept. 12 coup, in reference to the HSYK’s attempted removal of Ergenekon judges and prosecutors, said Turkey would not be able to confront coup plotters today if the HSYK had been successful in its attempt.
Regarding its latest ruling, he explained that Cihaner is facing charges over personal offenses so his arrest was the correct move, which should not be opposed by the HSYK.
According to Mizan Law Association President Gökhan Bozkurt, the fact that the HSYK met urgently -- only one day after legal action was taken against Cihaner -- shows that it did not thoroughly investigate the case. He said the HSYK’s decision regarding Şanal and other prosecutors in Erzurum is a blow to the impartiality of the law and the independence of judges and prosecutors. “This is a judicial coup. The HSYK ruling is illegal and politically motivated,” said Bozkurt.
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