“I agree with speculation that the reason for the delay in the HSYK appointment list could be the aim to change the course of the Ergenekon case. The release of the list has been delayed for days. I hope the board will not make a mistake. A strategic change in a case like Ergenekon will prolong the process of the trial,” stated Hayrettin Açıkgöz, the president of the Law and Life Association.
The appointment list, which is traditionally announced in June, has been delayed this year, raising questions about whether it will have a decisive impact on the Ergenekon case, in which retired top generals and both retired and active duty military personnel of various ranks as well as tens of other defendants are standing trial for planning to topple the democratically elected government.
A last-minute move, reportedly made by HSYK member Ali Suat Ertosun, has increased these doubts. To the amazement of many, Ertosun proposed the removal of all of the prosecutors and the two of the judges in the case, which is widely believed to be a milestone in the history of Turkish democracy.
“Judges and prosecutors perform their profession free of any pressure. They are under the guarantee of the Constitution. The fact that the HSYK holds the sword of Damocles over judges and prosecutors overshadows their independence. In several past judicial cases, similar replacements had a negative impact on the course of trials. I hope the HSYK will not cause a similar scandal,” Açıkgöz remarked.
Açıkgöz was referring to two former prosecutors -- Sacit Kayasu and Ferhat Sarıkaya -- who were disbarred after attempting to indict members of the military.
The HSYK's move to replace the figures conducting the Ergenekon case has drawn the ire of Justice Minister Sadullah Ergün and his undersecretary Ahmet Kahraman, who declined to attend the board's meeting on Wednesday.
Ahmet Gündel, a former Supreme Court of Appeals prosecutor, said the HSYK cannot make a decision when the justice minister is not at the HSYK meeting. “It is the justice minister who decides on the date and agenda of a HSYK meeting. In accordance with the Law on Judges and Prosecutors, all board members have to attend the meeting to make a decision, which needs absolute majority. If the justice minister or his undersecretary does not attend a meeting of the HSYK, the board cannot make a decision. Thus, the board's meetings are in a stalemate,” he noted.
The Justice Ministry lashed out at the HSYK's move to influence the course of the Ergenekon case, which is termed the case of the century in Turkey, labeling it a “pirate attempt.”
According to the ministry, the board members have no authority to prepare individual proposals for the appointment of judges or prosecutors. The ministry is strongly opposed to the attempt, warning such moves would damage the independence of the judiciary.
Retired Supreme Court of Appeals member Ekrem Serim said the Justice Ministry was right to react strongly against a proposal by a HSYK member to change the positions of judges and prosecutors conducting a critical case.
“The Constitution clearly states that HSYK circulars are prepared and submitted to the board by the Justice Ministry. The board is entitled to make changes on the ministry's proposals but it is not entitled to prepare a circular. Such a move will go against the Constitution,” Serim stated.
Several Turkish newspapers were also highly critical of the controversial attempt, which they agreed was aimed at increasing the atmosphere of tension in the country.
“Don't touch Ergenekon prosecutors,” read the column of Güngör Mengü, a leading Vatan columnist. Mengü stressed that the replacement of Ergenekon prosecutors would deal a serious blow to the judiciary in Turkey.
The Sabah daily ran with the headline “Tension over appointment list,” and Zaman's headline read “Last minute pressure on HSYK.” Yeni Şafak's report recalled the role of HSYK member Ertosun in an operation against prisoners in 2000 known as “Return to Life.” The operation, which was launched in an attempt to break a 61-day hunger strike by inmates, resulted in the deaths of 28 prisoners.
The prospect of the replacement of Ergenekon judges and prosecutors, however, was met with cheers by the Aydınlık journal, put out by the Workers' Party (İP), whose leader is currently in prison standing trial on charges of Ergenekon membership.
The journal previously filed a criminal complaint at the HSYK against judges and prosecutors in the Ergenekon case. In its complaint, the journal called on the board to remove top Ergenekon prosecutor Zekeriya Öz from office.
Some analysts, on the other hand, called on the government to go with a referendum to curb the influence of the judiciary in politics.
In the wake of strong public reactions against a move by the HSYK to replace Ergenekon judges and prosecutors, the board reportedly decided to suspend the proposal and go ahead with a new one.
Turkish news agencies reported that the hot topic of the board's meeting yesterday was over whether to replace prosecutors who conducted a probe into the Kurdish Democratic Confederation (KCK), the urban arm of the terrorist Kurdistan Workers' Party (PKK).
Several KCK members were arrested earlier this year for trying various methods of exerting pressure on Kurdish youths at universities to have them leave their schools and join the PKK.
According to reports, the HSYK was also discussing whether to change the position of a prosecutor who was carrying out an investigation into jailed Col. Cemal Temizöz, who has suspected links to hundreds of civilians killed by gendarmes in the 1990s in southeastern Turkey.
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