Former prosecutor Sacit Kayasu in Adana, southern Turkey, wants the indictment he prepared on General Kenan Evren, leader of the military coup on 12 September 1980, to be reprocessed.

Kayasu has applied to the Adana Chief Public Prosecution, arguing that an indictment he prepared on 28 March 2000 was unlawfully considered a complaint. Then it was decided to drop the case.

Kayasu says that only a court can decide to dismiss proceedings, but that his demand to try Evren was dismissed by another prosecutor.

In his new application, Kayasu said: “In a country were even those attempting a military coup are being tried [he is referring to the Ergenekon trial], not trying those who carried out a coup, and even working on obstructing such a trial, is the greatest legal shame.”

Appeal at ECHR won

After he had prepared the indictment, the High Commission of Judges and Prosecutors had handed down a punishment of condemnation. He was later barred from his profession and cannot even work as a lawyer.

Kayasu then applied to the European Court of Human Rights, which, in November 2008, sentenced Turkey to paying him 41,000 Euros compensation for restricting his freedom of expression.

Kayasu now expects the prosecution to overturn the decision to drop proceedings. If it does not, so Kayasu, he will apply again. (EÜ/AG)