|
 Criminal law professor Vahit Bıçak, however, said the country should trust the HSYK and the inspectors who will conduct the review against Öz.
"This is a review of complaints filed against the prosecutor. It will turn into an investigation if accusations directed at him turn out to be correct. I don"™t think the review of complaints will result in Öz"™s removal from office. It is the HSYK that will give the verdict on Öz. We need to trust it," he stressed.
(Today's Zaman, 10 September 2008)Elements of the judiciary have reacted strongly to the launch of a review of complaints filed against Zekeriya Öz, the chief prosecutor in the ongoing investigation into Ergenekon, a neo-nationalist gang believed to have been readying to topple the government.
Several legal figures expressed concern that the review may lead Öz to share the same fate as former Van prosecutor Ferhat Sarıkaya, who was disbarred for having initiated a number of investigations into army commanders. Ümit Kardaş, a retired military judge, compared the review to the situation that had faced Sarıkaya and said there may be a risk of "repeating the Şemdinli case." The Şemdinli incident was an infamous episode in which a bookstore in Şemdinli was bombed. An investigation into the bombing revealed that the act was perpetrated by two non-commissioned gendarmerie officers and a Kurdistan Workers' Party (PKK) member turned informant.
After Sarıkaya, who was working on the case, deepened the probe and began a number of investigations into top army commanders, including former Chief of General Staff Gen. Yaşar Büyükanıt, he was disbarred by the Supreme Board of Prosecutors and Judges (HSYK).
"The review of complaints against Öz is a source of concern. It reminds me of the Sarıkaya incident. There may be such reviews against prosecutors, but the review of Öz came as he was preparing an indictment against retired army generals arrested as part of the Ergenekon investigation. For this reason, the timing of the review is confusing," Kardaş said.
Association of Lawyers President Kamil Uğur Yaralı agreed and said attempts to influence the indictment, which is to include retired army generals, have increased.
"The attempts started with a visit to two Ergenekon suspects last week and continued with a speech by Republican People"™s Party [CHP] leader Deniz Baykal in which he reminded Öz of Sarıkaya"™s fate. Then came the review of complaints. All these are attempts to put the independent Turkish judiciary under pressure. Some circles are trying to intimidate Öz," he stated.
In a statement, Boğaziçi Lawyers Association head Yılmaz Geniş referred to the Ergenekon investigation as a milestone in Turkey"™s democratization, and also as the ultimate test that will reveal "the sincerity of patriotism."
"Turkey shouldn"™t allow this case to lose Zekeriya Öz as the Şemdinli case lost its prosecutor, Ferhat Sarıkaya. This mistake should be corrected immediately. The complaint mechanisms should not be used as a sword of Damocles over the heads of our prosecutors who are earnestly and responsibly fulfilling their duties instead of being used for their intended purpose of preventing violations of the law," he said.
Kardaş also noted that the decision to review complaints against Öz came just days after a visit last week by a member of the Turkish Armed Forces (TSK) to two suspects in the Ergenekon case.
Lt. Gen. Galip Mendi paid a visit last Wednesday to Kandıra Prison to see Eruygur and Tolon, who have been under arrest since July. The visit sparked a debate over whether the TSK was trying to influence the judicial process in an ongoing legal case.
"The visit hinted that the army stands behind the Ergenekon suspects. Prime Minister Recep Tayyip Erdoğan settled for saying that the visit was a courtesy one. His remarks raised concern as to whether the government was trying to keep a balance with the TSK," Kardaş remarked.
He also stressed that if Öz ends up being disbarred, it will not be good news for the future of the Ergenekon investigation. "It is not possible to say whether Öz will be disbarred or not. But, if he is disbarred, then it will be a second source of disappointment for our public after the Şemdinli case," he added.
Criminal law professor Vahit Bıçak, however, said the country should trust the HSYK and the inspectors who will conduct the review against Öz.
"This is a review of complaints filed against the prosecutor. It will turn into an investigation if accusations directed at him turn out to be correct. I don"™t think the review of complaints will result in Öz"™s removal from office. It is the HSYK that will give the verdict on Öz. We need to trust it," he stressed.
Justice Minister Mehmet Ali Şahin on Tuesday announced that his ministry had started a preliminary review of Öz and not a full-blown inquiry, as some press organs have reported.
Speaking with journalists during a reception on Monday in honor of the start of the judicial year, Şahin said there had been complaints filed against Öz"™s conduct in the Ergenekon investigation. However, some broadcasters and newspapers reported, based on Şahin"™s words, that there was an investigation into the prosecutor.
On Tuesday, Şahin clarified the situation regarding Öz in a written statement. "It is not an investigation, it is only a review of complaints filed against the prosecutor," he said. Şahin also stressed the review was not something new and that it had been started weeks ago.
10 September 2008, Wednesday
BETÜL AKKAYA İSTANBUL |
