JUDICIAL CRISIS
Prosecutor versus Prosecutor - Bar Associations Object
After revoking the special authority of Public Prosecutor Osman Şanal and three further prosecutors involved in the arrest of Erzincan Chief Prosecutor İlhan Cihaner, the Supreme Board of Prosecutors and Judges (HSYK) appointed new prosecutors as their successors. In a meeting on 18 February, the HSYK appointed Mehmet Ali Kurt and Ender Karadeniz as special authority prosecutors and assigned Taner Aksal as Deputy Chief Prosecutor. The previous day, the Board had revoked the special authorities of Chief Prosecutor Tarık Gür, and prosecutors Rasim Karakullukçu, Mehmet Yazıcı and Osman Şanal who were involved in the arrest of Chief Prosecutor Cihaner. HSYK member Undersecretary of the Ministry of Justice Ahmet Kahraman requested to review that decision yet his request was declined by the Board.
Cihaner's file transferred to Istanbul
In the meantime, the Ergenekon file related to İlhan Cihaner was transferred to Istanbul. As reported by the Turkish news channel NTV, Istanbul Chief Prosecutor Aykut Cengiz Engin announced that the Erzincan file arrived in Istanbul that it is not decided yet which prosecutor is going to deal with it.
According to the news, prosecutor Şanal sent the files to Istanbul due to "lack of authority" after the HSYK decision had been made public. A parcel and suitcases containing the files were taken to the special authority Istanbul Courthouse in Beşiktaş.
Second objection to Cihaner's detention
Lawyer Turgut Kazan appealed to Cihaner's detention in the Erzurum Prison for the second time on 18 February. The 2nd High Criminal Court had rejected his first appeal on the same day. Kazan stated that the decision for detention was contrary to the law. When leaving the courthouse he told journalists that even in times of coups he had not encountered such an implementation being imposed to a chief prosecutor.
Special Authority Public Prosecutor Şanal was interrogated by the Erzurum (north-eastern Anatolia) in respect to an investigation related to religious communities in Erzincan. Cihaner was arrested by the Erzurum 2nd High Criminal Court.
Lawyer applied to ECHR upon HSYK decision
Istanbul Bar Association lawyer Halil İbrahim Serbest applied to the European Court of Human Rights (ECHR) on the grounds of the HSYK decision to revoke the special authority of the Erzurum prosecutors. He demanded the suspension of the implementation.
25 bar associations object against Cihaner's detention
In a joint announcement 25 bar associations stated that the Erzurum prosecutors exceeded their authorities with the investigation into Cihaner:
"According to article 98 of the Judges and Prosecutors Law, investigations and prosecutions related to first class judges and prosecutors are subject to the provisions of the Supreme Court. According to article 88 of the same law, judges and prosecutors alleged to have committed a crime not in flagrante delicto under the jurisdiction of the High Criminal Court shall not be arrested, the relevant persons and their houses shall not be searched and they shall not be interrogated".
The bar associations voiced their concerns about injustice done by the judiciary: "This was not an arrest but an intimidation".
The joint announcement was signed by the bar associations of Artvin, Aydın, Balıkesir, Bartın, Bilecik, Bursa, Çorum, Denizli, Edirne, Gaziantep, Giresun, İstanbul, İzmir, Isparta, Kırıkkale, Kırşehir, Malatya, Manisa, Muğla, Niğde, Sakarya, Sinop, Tekirdağ, Uşak, and Yalova. (TK/VK)
