Chief Prosecutor Arrested, Supreme Court Investigates
The Erzincan Public Chief Prosecutor İlhan Cihaner was arrested by the Erzurum court in the context of the Ergenekon investigation.
"Ergenekon" is the case of a clandestine ultra-national organisation, said to have planned to overthrow the government and to create chaos in the country with murders and attacks.
After a seven hours interrogation by Courthouse Special Authority Public Prosecutor Osman Şanal in Erzurum (north-eastern Anatolia), Cihaner was taken to the court upon the request of taking him into custody. The Erzurum 2nd High Criminal Court decided for Cihaner's arrest.
Cihaner was brought to the Erzurum Closed Prison.
Cihaner's lawyer Hamit Sekman declared to lodge an appeal against the decision today (18 February). Sekman said that the arrest did not come as a surprise since taking somebody into custody that way would always bear the possibility of arrest.
Special Authority Public Prosecutor Şanal carries out the Ergenekon investigation in Erzurum. Preceding the arrest, Şanal had Cihaner's office and home searched on Tuesday (16 February) together with another three prosecutors.
Lawyer Sekman explained that his client Cihaner was arrested on charges of "membership of the Ergenekon terror organization", "misconduct of office" and "threat and slander".
Supreme Court initiated investigation
At the same time, the Supreme Court Chief Prosecution announced that they initiated an investigation into judicial inquiries which damaged the judiciary.
According to the announcement, the Supreme Court Public Prosecution launched an investigation into "judicial inquiries shaking the confidence of justice and damaging the judiciary in the judicial environment of Habur, Erzincan and Erzurum in order to ascertain whether the judiciary is influenced by political pressure and whether individuals are protected from public forces by legal rules".
Authority of interrogating prosecutors revoked by HSYK
The Supreme Board of Prosecutors and Judges (HSYK) revoked the special authorities of the prosecutors involved in the interrogation and arrest of Cihaner, namely Erzurum Special Authority Tarık Gür, prosecutors Rasim Karakullukçu, Mehmet Yazıcı and Osman Şanal, by reason of having exceeded their authorities.
In yesterday's (17 February) meeting the HSYK decided by majority vote to file a complaint with Erzurum Public Chief Prosecutor Sinan Kuş, and prosecutors Gür, Karakullukçu, Yazıcı and Şanal. The HSYK furthermore applied to the Ministry of Justice.
Justice Minister Sadullah Ergin did not attend the HSYK meeting since he was in another meeting with the ministry undersecretary.
Upon the decision the prosecutors can no longer continue the file related to the Ergenekon organization in Erzurum.
Prosecutor versus prosecutor
On Tuesday, the Ministry of Justice announced its approval for an investigation into the criminal offences that emerged from the prosecutors' duties. The investigation into the special authority prosecutors can be carried out based on charges of organized crime in relation to article 250 of the Criminal Procedure Law (CMK).
The Ministry put forward that this exception related to the prosecution of judges and prosecutors is part of the "stage of the investigation" and emphasized that the Supreme Court is determined in this way as well.
Erzurum Bar Association President İsyanı: law is suspended
Erzurum Bar Association President Naci Turan criticized the arrest of prosecutor Cihaner and the subsequent revocation of the other prosecutors' special authorities in Erzurum. He argued, "The law has been suspended".
In an interview with bianet Turan said that it was a mistake to arrest Cihaner. "You can initiate an investigation into a chief prosecutor on charges of membership of a terror organization, you can also prosecute him. But he could have been deposed from office, it was a mistake to arrest him". (TK/EÜ/VK)