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EKREM DUMANLI e.dumanli@todayszaman.com Columnists

What sort of ‘personal relation’ is this?


Supreme Board of Judges and Prosecutors (HSYK) Deputy President Kadir Özbek wanted to chide a politician in front of the cameras. At that moment, a journalist asked him about Ali Suat Ertosun, the HSYK member who is at the heart of the crisis concerning the attempt to displace the judges and prosecutors dealing with Ergenekon, the Kurdish Democratic Confederation (KCK) -- the urban arm of the terrorist Kurdistan Workers' Party (PKK) -- and the mysterious murders in the Southeast.

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Here is the ingenious explanation from the HSYK's deputy president: "Everyone may have his or her personal relations." Is this the sort of thing one can expect from a legal expert?

Amid the debates revolving around HSYK member Ertosun, a photo was published in the papers. It showed Ertosun as a close friend of Ergenekon suspects. Doesn't the general public have the right to a reasonable explanation? Of course, he must be called to account to explain that photo. And if he cannot make an acceptable explanation, he must resign from office. What is the use of turning this institution into a "last card," as Vural Savaş put it?

A recent headline from the Bugün daily illuminates a much more scandalous incident. HSYK member Ertosun met with Lt. Gen. Ali Aydın, the commander of Col. Cemal Temizöz, who is in prison for unexplained murders in the Southeast, at a house in Kayseri, where he was hosted for two days. We do not know if this was the outcome of this hospitality, which was claimed to have occurred 15 days before the arrest of Temizöz, but the chief prosecutor of Diyarbakır was summoned to Ankara and forced to backpedal in the investigation. Bugün asked Ertosun about this meeting. This is the answer from his highness: "I don't want to make a statement at the moment." But questions are multiplying every day.

As a matter of fact, “the personal relations” of HSYK members always lead to a shadowy place. For instance, the incident revealed by Alper Görmüş and verified by Can Dündar is hair-raising. According to this story, Can Dündar learned that Mustafa Duyar was in prison for the Sabancı assassination. Dündar sought permission from the justice minister of the time to have an interview with Duyar, whose demand to become an informer had been declined. Although he was granted permission, he was prevented by the general director of prisons of that time. Who was this general director? Once again -- Ertosun. The same general director approved the transfer of the Karagümrük gang, also known as the Nuriş brothers, to Afyon Prison, where Duyar is also staying, and this gang kills Duyar within two weeks. But when the time to silence the silencer comes for the leader of the Karagümrük gang, he fearfully triggers a revolt in prison and kills six people. During that revolt, Karagümrük leader Nuri Ergin said to the cameras, "The state made me kill Mustafa Duyar," and from another window, his brother Vedat Ergin said: "Call Veli Küçük, and ask him about me. I don't want to say much." At the trial concerning the revolt, Nuri Ergin said, "If Ergenekon prosecutor Zekeriya Öz wants to shed light on part of the Sabancı assassination, he should question why Ali Suat Ertosun is interested in Mustafa Duyar."

What kind of a personal relation is this? Former Supreme Court of Appeals President Eraslan Özkaya had been wiretappedm and it was disclosed that he had a personal relationship with Alaaddin Çakıcı, after which he had to resign from office. Every member of the judiciary who takes pains to avoid any personal relations with suspects or defendants will feel uneasy about this. This is so big a gap that it cannot easily be mended. The personal friendships of HSYK members can only be cleared by their resignation and by their avoidance of ruthless meddling with vital cases.

The crisis over the decree on the appointment of judges and prosecutors caused by the HSYK showed the naked truth of the ideological orientation of the judiciary. Formerly, there were rumors that a deep structure within the HSYK was interfering with critical cases. Of course, we would find it hard to believe these rumors. We would ask why a board dealing with judicial appointments should do this. However, the abolishment of certain cases, changing the number of judges and prosecutors in critical positions and other incidents were all adding fuel to suspicions. And the recent performance of the HYSK has added to the number of ever-increasing question marks about the judiciary. Their current image in the eyes of the man on the street is that certain criminal networks are being protected by this institution. Quite bad!

29 July 2009, Wednesday
EKREM DUMANLI
   
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Other Articles of the Columnist

  What sort of ‘personal relation’ is this?
  Shameless or brazen?
  HSYK, enough already!
  They won’t even allow a coup in Honduras
  Coup generals, go to Honduras!
  Haste
  What if the action plan were implemented?
  Caught red-handed
  Are you still stuck with triviality?
  Mrs. Judge, please apologize!
  Judiciary’s suicide
  Operation to save Ergenekon
  Is it LAW or LOVE?
  You didn’t ask, but let me answer
  Individuals, religious communities and the state
  A prototype man or a prototype society?
  Başbuğ’s speech in numbers
  If you don’t want to see 47 percent again
  A map of risks government and opposition may face
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Columnists
ABDULHAMİT BİLİCİ
ABDULLAH BOZKURT
ALİ BULAÇ
ALİ H. ASLAN
AMANDA PAUL
ANDREW FINKEL
ASIM ERDİLEK
AYŞE KARABAT
BEJAN MATUR
BERİL DEDEOĞLU
BERK ÇEKTİR
BÜLENT KENEŞ
BÜLENT KORUCU
CHARLOTTE MCPHERSON
DOĞU ERGİL
EKREM DUMANLI
EMRE USLU
ETYEN MAHÇUPYAN
FATMA DİŞLİ ZIBAK
FİKRET ERTAN
GÜRKAN ZENGİN
HASAN KANBOLAT
HÜSEYİN GÜLERCE
İBRAHİM KALIN
İBRAHİM ÖZTÜRK
İHSAN DAĞI
İHSAN YILMAZ
KATHY HAMILTON
KERİM BALCI
KLAUS JURGENS
LALE KEMAL
MEHMET KAMIŞ
MICHAEL KUSER
MUHAMMED ÇETİN
MÜMTAZER TÜRKÖNE
NICOLE POPE
ÖMER TAŞPINAR
ORHAN KEMAL CENGİZ
PAT YALE
ŞAHİN ALPAY
SELÇUK GÜLTAŞLI
SUAT KINIKLIOĞLU
YAVUZ BAYDAR