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HSYK wastes no time appointing new prosecutors to Erzurum
The HSYK convened yesterday morning to choose the prosecutors to replace two specially authorized prosecutors and two public prosecutors who were removed from their posts by the board. At a hastily called meeting on Wednesday, the HSYK decided to revoke the authority of Erzurum specially authorized Prosecutor Osman Şanal as well as that of another specially authorized prosecutor in Erzurum, Tarık Gür, and public prosecutors Rasim Karakullukçu and Mehmet Yazıcı.
Speaking to reports following the meeting, Justice Ministry Undersecretary Ahmet Kahraman, who represented the justice minister at the meeting, said the board appointed Taner Aksakal, Mehmet Ali Kurt and Ender Karadeniz to the Erzurum Prosecutor’s Office. He also said Aksakal will be a deputy specially authorized chief public prosecutor while Kurt and Karadeniz will be specially authorized prosecutors. While four prosecutors were stripped of their authority, only three prosecutors have been appointed to replace them, which raised questions whether another one will also be appointed to Erzurum.
Erzincan Chief Public Prosecutor Cihaner was arrested on Wednesday on charges of membership in a terrorist organization and falsification of documents. On Wednesday evening, the Erzurum 2nd High Criminal Court rejected an appeal filed by Cihaner’s lawyer seeking the prosecutor’s release from prison.
Erzurum Chief Public Prosecutor Sinan Kuş had an unscheduled meeting with the prosecutors who were stripped of their authority by the HSYK yesterday. There were no details immediately available on the content of the meeting, which lasted an hour.
Top judiciary stands behind HSYK decision
The HSYK decision, which sparked indignation among prominent jurists as it cast doubt on the impartiality and independence of the judiciary, was backed by the Supreme Court of Appeals and the Council of State. In an unusual move, some members of the two courts paid “support visits” to the HSYK yesterday. Council of State Chief Public Prosecutor Yalnız Çimen told reporters as he was leaving the HSYK building, “It was a very special and meaningful visit.” Some other jurists also said they came to “thank the board for its decision.”
Council of State President Mustafa Birden also said on Wednesday that they have full trust in the HSYK. “It is obvious that opening the legitimacy of the judiciary to debate and the efforts of the political will to take part in the structure of the HSYK lay behind these current problems. The Council of State has full trust in the experienced judges of the HSYK, which carries its duty as a constitutional institution within the framework of judicial independence,” said Birden.
Supreme Court of Appeals President Hasan Gerçeker also announced on Wednesday evening that the court had debated the HSYK decision and decided that it was in compliance with the law. Unlike many European Union countries, where the executive power, Parliament and judges of courts of first instance choose the members of HSYK-like institutions, the Supreme Court of Appeals and the Council of State determine the five main HSYK members in Turkey. Under the current system, analysts say, Turkey’s higher courts exercise undue influence on judges and prosecutors.
In a show of support for the HSYK decision, three deputies from the main opposition Republican People’s Party (CHP) and three of the lawyers for Cihaner paid a visit to the prosecutor in prison after they received special permission from the Justice Ministry. CHP İzmir deputy Ahmet Ersin, Sivas deputy Malik Ecder Özdemir and Erzincan deputy Erol Tınastepe arrived at the Erzurum H-type Prison yesterday afternoon and met with Cihaner without making any statement to the press.
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