Cihaner, the former chief prosecutor of Erzincan, along with Gen. Berk and the 12 other suspects, stand accused of being members of the Ergenekon terrorist network, falsification of official documents, intimidating or threatening individuals and recording personal information illegally.
The prosecutors conducting the investigation claim that Cihaner and Berk, who were both stationed in Erzincan, were carrying out Ergenekon's plans in the region.
Cihaner's file has in fact been heard by the Supreme Court of Appeals before, but the 11th Chamber sent his case to the Ministry of Justice, demanding permission from the Supreme Council of Judges and Prosecutors (HSYK) to investigate the prosecutor.
The HSYK later referred the case to the Tunceli Prosecutor's Office, the closest chief prosecutor's office to Erzincan. A Tunceli court then sent the file back to the Supreme Court of Appeals, saying Cihaner's parliamentary immunity did not apply to terror crimes.