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May 28, 2012
 
 
 
 
 
 

HSYK member: ‘Ergenekon prosecutors are militants’

Ali Suat Ertosun
3 September 2010 / TODAY’S ZAMAN, İSTANBUL
A new recording released online yesterday allegedly featuring the voice of Supreme Board of Judges and Prosecutors (HSYK) member Ali Suat Ertosun has created more shockwaves in the Turkish political scene, which has already been rocked by a voice recording in which three high court judges exalt the leader of a terrorist organization as being crucial to the failure of a referendum on government-backed constitutional reform on Sept. 12. The new recording was posted on video file-sharing website dailymotion.com.

In the new recording, the voice that allegedly belongs to Ertosun is heard talking about the judges and prosecutors of the specially authorized high criminal court who are conducting investigations into Ergenekon-- a clandestine organization charged with plotting to overthrow the government -- and related cases during a visit to the Supreme Court of Appeals.

The voice says to the other person in the room: “You can’t understand these [people]. If you look at their records, they are all highly successful. These are all militants, I can’t say anything else. You can’t tell by their university grades or their personnel records or promotions. They are superb. We checked the chief prosecutors’ records, they are perfect. But like I say, you investigate them a little, and … [recording ends here].”

In another recording, the same voice (Ertosun), who is allegedly in a meeting with Judges and Prosecutors Association (YARSAV) President Emine Ülker Tarhan and YARSAV Board Member Fetih Sayın, asks for the YARSAV’s support in finding out information about judges and prosecutors to create an “infrastructure” that would enable HSYK members to categorize the judges and prosecutors according to their ideological leanings. The HSYK decides appointments and promotions of judges and prosecutors.

The voice also says that former YARSAV President Ömer Faruk Eminağaoğlu had helped the HSYK earlier with a similar a project, which the voice says helped “immensely” with appointments of certain judges and prosecutors.

A third recording was also posted online. The alleged owner of the voice in this recording is Hamdi Yaver Aktan, who yesterday admitted that the voice being heard in the controversial recording that was posted online on Monday was indeed his. Aktan is a member of the Supreme Court of Appeals 8th Criminal Chamber. He says in the recording that he deeply respects Ümit Kocasakal, a law professor at Galatasaray University, because he is a good orator and has a background in the Turkey People’s Liberation Army (THKO), an illegal and armed Marxist terrorist organization of the past.

In this speech, Aktan also praises Mustafa Ruhan Erdem as a brilliant academic. Another name he praises is Ersan Şen, but he says Ümit Kocasakal is more courageous and stable. He also praises him because the military also “likes him a lot as far as I know.”

Yet in a fourth recording, the voice that allegedly belongs to Aktan is allegedly heard at a meeting with a lawyer representing Gen. Saldıray Berk, who was indicted as the prime suspect in an investigation into a military plot to overthrow the Justice and Development Party (AK Party) government. He repeats in this conversation that he thinks very highly of Kocasakal, saying, “He is really good, he comes from THKO,” and reiterates, “That kid is now the favorite of all the generals.” The voice believed to belong to Berk’s lawyer is heard affirming these words.

A fifth recording was also posted online yesterday. In this recording, the voice that allegedly belongs to Aktan is heard talking to an unidentified person about Ersan Ülker, the judge who was examining an appeal against an earlier ruling of Sincan High Criminal Court Judge Osman Kaçmaz that President Abdullah Gül should be tried for his alleged involvement in a case known as “lost trillions,” despite his presidential immunity. In this recording, Aktan, in his attempt to influence Ülker’s ruling, says he will get expert opinions from academics who think it is proper to try the president. He is also heard saying that he asked academics who did not agree not to talk about the topic. Not surprisingly, we also learn from this conversation that Kocasakal agreed to write an expert’s report in harmony with Aktan’s request.

 
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