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Lawyers and jurists' associations condemn HSYK decision
In a joint statement, several associations, including the Justice and Law Association, the Boğaziçi Lawyers Association, the Democratic Jurists Association, the Supremacy of Law Association and the Reform in Judiciary Group, reacted to the removal of Erzurum prosecutor Osman Şanal from his post.
Şanal was investigating now-jailed Erzincan Chief Public Prosecutor İlhan Cihaner, on charges of membership in a terrorist organization and falsification of documents, and 3rd Army Commander Gen. Saldıray Berk, who had allegedly conspired with Cihaner.
Reşat Petek, vice president of the Jurists Association, said the HSYK decision violated the Constitution. He interpreted the decision as interference into the judiciary, which is supposed to be impartial and independent. He also said the decision attempts to intimidate prosecutors who are conducting lawful investigations against terrorism.
Jurists organize demonstration to protest divisive HSYK decision A group of lawyers from the Law and Democracy Platform, an NGO working to strengthen the rule of law while respecting democratic values, protested against the Supreme Board of Judges and Prosecutors (HSYK) decision to strip prosecutors conducting a probe into jailed Erzincan Chief Prosecutor İlhan Cihaner of their special authorities. Lawyers gathered in front of the Kadıköy Courthouse in İstanbul on Thursday to speak out against the HSYK and its decision, which Justice Minister Sadullah Ergin said showed the need for immediate judicial reform. Talking on behalf of the group, Gökhan Bozkurt denounced the board and asserted that its decision was a blow not only to the ongoing investigation but also to the workings of the entire judiciary. “We understand from this rushed decision that constitutional assurance for judges and prosecutors does not really exist,” he said, drawing attention to the harm done to the impartiality and independence of the judiciary. “We now have a serious problem related to democracy. Unfortunately both democracy and law have been harmed greatly [as a result of this decision],” he said. The group then peacefully dispersed. İstanbul Today’s Zaman |
“This is pure intimidation,” Petek said, speaking on behalf of the associations, and added that stripping prosecutors of their duties can only be done after an investigation into their conduct. “But the HSYK has ruled on the Erzurum prosecutor without any investigation.”
Petek said Article 139 of the Constitution states that judges and prosecutors cannot be dismissed and the rules regarding their inspection is explained in Article 144.
“The HSYK decision amounts to extrajudicial enforcement,” he added.
Petek called on the government and Parliament to work on a judicial reform package as soon as possible in order to prevent such misconduct.
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