Turkey's jurists kept their eyes on the HSYK yesterday, awaiting an announcement by the board about the appointment list. The board, however, had not made any announcement by the time Today's Zaman went to print. The HSYK has for the past week been working to reach a compromise to give the appointment list its final form. The list is traditionally announced in June, bur has been delayed this year amid questions over whether it will have a decisive impact on the Ergenekon case, in which retired generals and retired and active duty military personnel of various ranks as well as dozens of other defendants are standing trial for planning to topple the democratically elected government.
Last week HSYK member Ali Suat Ertosun sparked controversy when he proposed the removal of prosecutors and judges assigned to the Ergenekon case as well as prosecutors conducting probes into illegal groups across the country.
The proposals drew the ire of the justice minister, who refused to sign the HSYK appointment list.
The deadlock on the list also attracted the indignation of jurists, who called on the board to refrain from any act that could put a stain on the independence of the judiciary.
 Ertosun, Eminağaoğlu not concerned over ‘scandalous photos' In the wake of the release of two separate photos showing Supreme Board of Judges and Prosecutors (HSYK) member Ali Suat Ertosun and Ömer Faruk Eminağaoğlu, the head of the Judges and Prosecutors Association (YARSAV), at meetings with Ergenekon suspects, the two spoke to the press and said they were not concerned about these photos. “I'd never be concerned to be seen in the same photo with those people. Why is it strange to have lunch with people you know? I guess I bothered some people,” Ertosun said. Last week Turkish dailies published a photo of Ertosun at a meeting at Ankara's Kent Hotel with several Ergenekon suspects. Then a photo was published of YARSAV's Eminağaoğlu at a restaurant with a group of friends, including Independent Republican Party (BCP) Deputy Chairman Engin Aydın, an Ergenekon suspect. Eminağaoğlu defended his actions, stating that publication of the photo violates his right to privacy. “This photo proves the current view of freedom of the press in the country, which is sometimes used as a means to violate laws and professional principles. The publication of this photo [by dailies] shows how some people have no moral values and can be considered an attack against humanity,” he said. He also claimed it was a private meeting that had nothing to do with YARSAV. “The fact that a private but not confidential or secret lunch has led to such debates begs various questions,” he added. |
Hakkı Süha Terzibaşıoğlu, former HSYK vice president, said one of the fundamental principles of being a prosecutor or a judge is to be fully impartial in one's rulings. “However, this is inadequate on its own. A prosecutor or a judge should refrain from any act that might overshadow his impartiality,” he said.
Terzibaşıoğlu was referring to a photo recently published by a number of Turkish dailies which shows Ertosun attending secret meetings with army officers at the Kent Hotel in Ankara.
Ertosun reportedly met with a number of Ergenekon suspects during these meetings and discussed the country's political landscape and made certain confidential decisions.
The former HSYK vice president also lashed out at Ertosun for preparing a proposal that could totally change the course of a top judicial case. “Such proposals are prepared by the Justice Ministry and submitted to the HSYK for deliberation. A prosecutor or judge cannot be removed from his position unless there is a strong reason necessitating such a move,” he said.
Several jurists voiced opinions on the issue last week and said the removal of a specially authorized prosecutor and judge from their positions without a strong reason goes against principles enshrined in the Constitution.
Justice Minister Sadullah Ergin, who refused to attend the HSYK meetings last week, was present during yesterday's deliberations. However, he left the meeting only two-and-a-half hours after the meeting started, refusing to comment on the reason for his departure. Similarly, the minister left halfway through Monday's deliberations.
In the meantime, a Republican People's Party (CHP) deputy, Ali Rıza Öztürk, submitted a parliamentary question, inquiring as to why the HSYK has not yet issued the yearly appointment list.
“While it is a constitutional necessity for the justice minister and his undersecretary to attend HSYK meetings, why aren't they attending these meetings? Why are they boycotting the meetings?” he asked.
Jurists worried about delay in appointment list
The delay in the HSYK's yearly appointment list has become a source of concern among jurists, who fear that the board may fail to issue the list this summer.
Mustafa Kamalak, a constitutional law expert, told Today's Zaman that the much-anticipated list may not arrive this summer, which could lead to a crisis among judicial circles.
“Turkey has not witnessed a similar situation in the past. This is the first time the HSYK has been in such a deadlock, because a proposal over the appointment of Ergenekon judges and prosecutors was not before the board before. The deadlock may result in the non-issuance of the list this year,” he said.
Parliamentary Justice Commission President Ahmet İyimaya stated that the replacement of prosecutors and judges conducting the Ergenekon probe would essentially be “a secret exile.”
“The requirements for the replacement of a prosecutor or judge are explicitly defined in laws. If the HSYK is attempting to deactivate these principles and replace Ergenekon prosecutors and judges without any strong reason, then we would call it ‘exile',” he noted.
İyimaya also said prosecutors and judges would have the right to appeal the decision if they are replaced unjustly.
More than 1,500 judges and prosecutors whose new positions will be made public on the list are waiting for the release of the appointment list.
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