Cronyism among jurists indication of Ergenekon judicial arm

The controversial appointments hit the news earlier this week, with leaked wiretaps of former Justice Minister Seyfi Oktay exposing his pressure on members of the higher judiciary to appoint certain candidates to the top courts, including the Supreme Court of Appeals and the Council of State.

According to honorary member of the Supreme Court of Appeals Cevdet İlhan Günay, a detailed probe into the criminal network would fully expose the judiciary branch of Ergenekon. “Ergenekon's branch in the judiciary is being revealed slowly. It will be revealed more clearly in the future provided that a detailed investigation continues. The judiciary is Ergenekon members' stronghold. They would never want to lose it,” he stated.

Dozens of suspected Ergenekon members are currently in prison pending trial. They are mainly accused of membership in a terrorist organization and working to foment chaos in society that would eventually lead to and legitimize a coup d’état.

Oktay’s telephone conversations were tapped by Ergenekon prosecutors acting with a court order. He was detained in early June in a fresh wave of operations against Ergenekon and is accused of attempting to unduly influence the course of the Ergenekon investigation. He is currently in an Ankara hospital due to complaints of high blood pressure.

Günay also said his opponents -- two rectors and a union leader -- had attempted in the past to prevent him from being appointed to the Supreme Court of Appeals. “They lobbied against me. They claimed I was engaged in acts of reactionaryism,” he noted.

Former Justice Minister Oktay was detained last week on suspicion of attempting to adversely influence the course of the Ergenekon probe. He is currently in an Ankara hospital due to a complaint of high blood pressure.

In the wiretapped phone conversations, Oktay is heard pressuring top jurists to appoint members of his close circle of friends to higher positions in the judiciary and to clear many individuals of charges in ongoing probes or trials. The conversations also show that Oktay played an important role in the acquittal of many suspects in at least 25 criminal cases, including drug smuggling, murder and membership in illegal organizations.

In addition, a letter seized by prosecutors overseeing the Ergenekon probe also strengthens suspicions about the existence of the judicial branch of Ergenekon. The letter, allegedly written by a member of the high judiciary, threatens lawyer Ali Hadi Emre with “telling all he knows to the Justice Ministry.”

The writer complains that a criminal case file was forwarded to a court he does not like, and adds: “I know whose files Kudbettin [Avcı, a lawyer] interfered in and in how many cases you unduly enabled the release of criminals. I even know how you play with Turkey’s National Judiciary Network Project [UYAP],” the letter reads. UYAP was launched in 2007 and seeks to increase the speed and efficiency of judicial proceedings.

“I expect you to make an explanation to me by Feb. 20; otherwise, I will file a criminal complaint against you at the Justice Ministry about your links with court. I will ask for an inquiry by an inspector into all of your files,” the letter continues.

Wiretap records have revealed that Oktay closely followed the appointments of nine judges, 12 prosecutors and three courthouse staff in the past two years. The former minister was also accused of cronyism during his term in office. Oktay served as the justice minister between 1991 and 1994. The accusations are mainly based on the recruitment process of nearly 2,000 judges and prosecutors during Oktay’s term in office in 1994. More than half of the applicants were eliminated in an oral examination by a panel of judges, presided over by Oktay, though they had passed a written examination.

Ergenekon lawyer works to remove prosecutors from office

A separate wiretap record between Workers’ Party (İP) Deputy Chairman Mehmet Cengiz Engin -- also the lawyer for İP leader Doğu Perinçek -- has shown that the lawyer was seeking ways to remove prosecutors overseeing the Ergenekon prosecutors from office.

In the phone conversation, dated Oct. 8, 2009, Cengiz tells an individual identified by his initials, H.B., that he traveled to Ankara to discuss his plans for Ergenekon prosecutors with top jurists. The conversation is as follows:

Last summer, Supreme Board of Judges and Prosecutors (HSYK) member Ali Suat Ertosun suggested that Ergenekon prosecutors be removed from the probe. The suggestion surprised most observers, as the removal of the prosecutors would mean a heavy blow to Turkey’s most critical case. Ertosun’s suggestion was not welcomed by the Justice Ministry, and the Ergenekon prosecutors remained in office.

In a phone conversation between Engin and Zühre Genişel, another lawyer of Perinçek, the latter refers to Ulaş Erdoğan, leader of the Turkish wing of the Revolutionary Headquarters, as “our man.” “You know, our man was arrested. Do you know on what charges? On charges of membership in the Revolutionary Headquarters,” Genişel tells Engin on Oct. 6, 2009. Engin, in response, says they will make a decision on the issue once the required documents (referring to the indictment) are prepared.