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Cihaner file sent back to Erzurum prosecutor’s office
According to Engin, two prosecutors working on the investigation into a criminal organization known as Ergenekon examined the file but decided to send it back to Erzurum prosecutors after determining that the investigation falls outside their scope of duty and responsibility. The file concerns the arrest of Erzurum Chief Public Prosecutor İlhan Cihaner, who was detained last week on charges of membership in a terrorist organization and falsification of documents.
Cihaner’s arrest came after an investigation by specially authorized Erzurum prosecutor Osman Şanal, who was removed from his position last week by a controversial Supreme Board of Prosecutors and Judges (HSYK) decision. Only hours after the HSYK decision, Şanal forwarded the Cihaner investigation file to the Beşiktaş Courthouse. The case was expected to be taken up by an Ergenekon prosecutor.
Last year, Justice Ministry inspectors uncovered irregularities in an investigation conducted by Cihaner into religious communities in Erzincan. An inquiry was launched into Cihaner on the grounds that he failed to inform the justice minister about his investigation into the İsmailağa religious community and the Medine Foundation. Cihaner allegedly carried out the investigation illegally, in violation of established legal practice, and overstepped his authority.
Cihaner’s investigation was allegedly part of a military plan titled the Action Plan to Fight Reactionaryism. The plan, reportedly drafted by a colonel on active duty, intended to undermine the power of the Justice and Development Party (AK Party) and eventually lead to a military coup. The plot was exposed by a Turkish daily in 2009. According to the plot, religious communities would be presented to the public as “terrorist organizations” through operations in which members of the military were to plant weapons and ammunition at the homes of followers of certain religious communities and then police raids on these addresses would result in the arrest of those individuals.
The Cihaner investigation is now likely to be completed by the new specially authorized prosecutors in Erzurum who were appointed by the HSYK to replace Şanal and his coworkers last week.
In the meantime, Turgut Kazan -- one of Cihaner’s lawyers -- filed an appeal at the Beşiktaş Public Prosecutor’s Office on Monday asking them to release his client from prison. Kazan argued in his appeal that Cihaner had been detained and interrogated by Erzurum prosecutors in violation of several articles of the Law on Judges and Prosecutors.
According to Kazan, his client can only be tried by the Supreme Court of Appeals. The lawyer claimed that a decision made by a specially authorized prosecutor to arrest a chief public prosecutor is nonbinding.
Cihaner’s lawyers also appealed his arrest twice last week. The appeals were swiftly rejected.
Osman Can pays visit to Cihaner in jail
Osman Can and Orhan Gazi Ertekin, co-chairmen of the Democratic Judiciary Association, visited Cihaner in his jail cell on Monday. Ahead of his visit, Can told reporters that the Turkish capital was not experiencing a debate on the judiciary. Last week, Cihaner’s arrest sparked controversy over whether judicial bodies were engaged in a show of power. Can also said he would like to pay a visit to Şanal and to the prosecutors appointed to replace him.
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