Monthly Archives: April 2017

29,23% of Judiciary carrying out a coup d’état. Really???

According to CEPEJ (see: https://public.tableau.com/views/Countryfiches2010-2012-2014/Countryfiche?:embed=y&:display_count=yes&:toolbar=no&:showVizHome=no) in 2014 Turkey had 8’835 Judges and 5’306 Prosecutors.

By now 4’133 are dismissed and / or detained. That’s 29,23% !! *

Is there really anybody believing that 29.23% of the members of the judiciary were supporting a putsch against democracy ?

Or might it not be more plausible that there was somebody wanting to get rid of an independent power in the state, which could hold him to account ?

Up to you to use your brain, autonomously if possible .

 

One more example indicating that the judiciary is null in presence of Erdogan

(author known to editor)

Erdoğan says extradition of Die Welt journalist Deniz Yücel impossible as long as he is in power. What follows is the details about the incident:

SAYINGS OF ERDOGAN ATTRACTED A WIDELY CRITICISM IN GERMANY

The German politics reacted to the statement of Erdoğan concerning the extradition of German journalist Deniz Yücel would not take place as long as he was in power.
Christian Lindner the chairman of Liberal Free Democratic Party said in a statement he made to Bild Daily that Erdoğan has completely removed little doubts left with respect to that Turkey a country with no interest in rule of law and not conforming with being a candidate of European Union memberhip.

A CRITICISM FROM THE MINISTRY OF INTERIOR:

Christian Democratic Union (CDU) member and Undersecretary of the Interior Ministry Günter Krings accused Erdoğan of disclosing the truths about the trial of Deniz Yücel being acted in accordance with the principles of a so-called state of rule of law.

THE FINAL DECISION IN CASES ANY MORE NOT BELONG TO THE JUDGES

Krings added: With his sayings, Erdoğan confessed that those who make the final decision in cases have not been any more the judges”
Furthermore, the Justice Minister of Bayvera province and Christian Social Union member Winfried Bausback told: “The fundamentals of the state of law is a basic principle that join the European countries. The violation of this basic principle in such an o
bvious manner is an unbelievable situation. At last, the President Erdoğan makes himself disqualified in presence of public”.

http://www.sozcu.com.tr/2017/dunya/erdoganin-sozleri-almanyada-buyuk-tepki-cekti-1794361/

THE HUMAN RIGHTS VIOLATIONS IN TURKEY PRISONS HAVE REACHED POINT OF NO RETURN

(author known to edıtor)

Muzaffer Bayram, the former general secretary of the High Council of Judges and Prosecutors (HCJP) and prosecutor of the province of Malatya has been arrested since 23 November 2016 and held under solitary confinement despite both of his arms are broken.

Muzaffer Bayram, even unable to meet his personal needs, and his family have made applications to the prison administration several times to be removed of his trouble, however, have not been replied yet and nothing resulted from the petitions of his family.

Barış Yarkadaş, Deputy of Main Opposition Party CHP, made a statement concerning his current situation.
Yarkadaş touched on the following points in his statement:

“The minister of Justice Bekir Bozdağ can not be interested in the happenings in prisons because he has been so busy with referendum workings which will cause the dissolving of the Assembly. But, the human rights violations and devastation have reached unendurable standing. Look! Two complaints have reached me today. One is from Kırıkkale Keskin prison. Both arms of the arrested prosecutor Muzaffer Bayram are broken. He has also a report pertaining to his health problem. However, he has been held under solitary confinement cell. This practice can’t be possibly accepted. The wife of Bayram submitted me a petition informing about his current situation. The only one request of them is putting one more cell-friend beside him. If this is done, Muzaffer Bayram whose both arms are broken is able to meet his needs. Unfortunately, nothing resulted from the petitions of the family. They are said that Mr. Bayram has been left alone due to his life security.”

Despite the declaration of Yarkadaş, it is learnt that no change has been made in the situation of the prosecutor yet. The prosecutor who is unable to use his arms has been still held alone in aprison cell.

Related Links:
1-http://www.cumhuriyet.com.tr/m/haber/turkiye/710608/CHP_den_Bekir_Bozdag_a_uyari_.html
2-http://m.haberdar.com/gundem/eski-hsyk-genel-sekreteri-nin-iki-kolu-kirilip-tek-kisilik-hucreye-konuldu-h48056.html
3-https://turkeypurge.com/arrested-prosecutor-in-solitary-confinement-with-broken-arms-deputy

LATEST EXAMPLE CASTING THAT THE TURKISH JUDICIARY HAS LOST ITS INDEPENDENCE

I would like to draw your attention to the recent retaliation in Turkey regarding the judicial independence.

The judges of Istanbul 25th Heavy Penal Court (Aggravated Felony Court) and the trial prosecutor were suspended on 3 April 2017 due to their ruling for release of 21 defendant journalists after the hearing on 31 March 2017.
The suspension of the three judges and prosecutor, like the thousands of previous ones, showed that the Turkish courts are not independent of outside pressures especially coming from the goverment side.

After the five-day hearing, the trial prosecutor requested eight defendants to be released and the delegation of the Istanbul 25th Heavy Penal Court ruled for release of 21 out of 29 defendant journalists who had been under pre-trial detention for eight months over the charges of their alleged links to the so-called Gülenist Terorist Organization (FETO/PDY). However, not only 21 journalists were re-arrested the same night, but also the three judges and the prosecutor were temporarily suspended from job on 3 April 2017 as a result of social media lynch campaign towards them.

The incidents that paved the way to the suspension of the judges is explained below:

Following the court’s ruling for release of 21 defendant journalists on 31 March 2017, one of Erdoğan’s hitmen Cem Küçük threatened the judges through his Twitter account, @cemkucuk55. Some of his twits are as follows:
“10- If those traitors are not jailed again, some will pay a heavy price for it. I am saying this knowingly. Things will get crazy (7:39 pm – 31 March 2017) (https://mobile.twitter.com/undefined/status/847850960038883328).
13- Justice Minister Bekir Bozdağ should immediately assembly the High Council of Judges and Prosecutors, and take legal actions against these judges. This is the Nation’s demand (7:50 pm – 31 Mar 2017) (https://mobile.twitter.com/undefined/status/847853695790350336).
14- Judges and prosecutors who release known FETO suspects will be permanently discharged. This is the State’s final decision. Everybody shall learn that (8:08 pm – 31 March 2017) (https://mobile.twitter.com/undefined/status/847858216050597892).
15- The courts and state belong to the nation. No suspect can be released against the nation’s will. Nobody should work on the state’s and the People’s patience (08:09 pm – 31 March 2017) (https://mobile.twitter.com/undefined/status/847858465657806848).”
A few hours later, he shared new twits as follows: “The Justice Minister and the HCJP (High Council of Judges and Prosecutors) will take action. Those traitors will not be released, God willing! (31/03/2017, 10:40 pm) (https://mobile.twitter.com/undefined/status/847896480128139264).
The traitor FETO supporters will not see any sunshine. They will decay in the jail. Be relieved! The patriot judges and prosecutors are doing what is to do (31/03/2017, 10:47 pm)” (https://mobile.twitter.com/undefined/status/847898273469919234).

Another pro-government journalist Ersoy Dede responded Cem Küçük’s twits via his account and wrote that “[t]his is not enough @cemkkucuk55… All judges who joined the release ruling will be arrested without exception ( @ersoydede 31/03/2017, 10:46 pm) (https://mobile.twitter.com/undefined/status/847897878941106177).”

Another journalist linked to the government Fatih Tezcan shared a message on his Twitter account, @fatihtezcan and wrote [a] ll judges of the court that released the bitch who had made a live-TV show with a hanging rope and told that Tayyip Erdoğan would be bummed off shall be jailed over FETÖ links (31/03/2017, 6:57 pm) (https://mobile.twitter.com/undefined/status/847840398492016640).”

Ömer Turan, another hitman of Erdoğan, put following message on Twitter: “HCJP should immediately hold a session tonight and expell all judges who released FETO suspects. Then, those judges should be jailed (@omerturantv 31 March 2017- 7:38 pm) (https://mobile.twitter.com/undefined/status/847850679301537793). ”

The same night, the Undersecretary of the Justice Ministry, Kenan İpek, also a member of the 1st Chamber of the HCJP shared following message via his personal account: ” The fight that the Turkish judiciary and the HCJP have been carried out against the FETO/PDY armed terrorist organization will be maintained in the same decisive and absolute manner as it was done before (1/04/2017, 01:17 am) (https://mobile.twitter.com/kenanipek53/status/847935807323242501).”

As a result of the social media clamor noted above, 21 released journalists were not freed and 13 of them were taken under custody over new charges the same night . They were charged with attempting to replace the constitutional order and overthrow the Republic of Turkey. The Public Prosecutor’s Office of Istanbul objected to the release of the remaining eight defendants and they were not freed but kept in jail until Istanbul 26th Heavy Penal Court reversed the defendants’ release. Therefore, all defendant journalists who had been previously released were either jailed again or taken under custody the same night.

On 3 April 2017, the three judges who ruled for release of 21 journalists and the trial prosecutor were all temporarily suspended by the HCJP. The only reason for their suspension was the above-mentioned release order that was not implemented. Suspending judges and launching legal proceedings against them because of their judicial rulings demonstrate a clear evidence that the independence of courts in Turkey has been abolished. Judges or prosecutors who witness such reactions, or who read the twits shared by the undersecretary of the Justice Ministry cannot be expected to perform their judicial work independently and without fear. Professor Yaman Akdeniz, lawyer and a humanright expert, on his twitter account, shared that [i]t is no longer possible that any journalist or any ordinary man shall be fairly and impartially tried over so – called FETÖ/PDY cases(@cyberrights, 3/04/2017, 9:19 pm) (https://mobile.twitter.com/undefined/status/848963056545800197).”

Although numerous examples have been witnessed in recent years(see the Declaration of Venice Comission dated 20 June 2015), this case is particularly significant since it is also related to the freedom of media.

According to Toygun Atilla’s report from Hürriyet Daily dated 5 April 2017, Deputy president of the HCJP, Mehmet Yılmaz, explained the reasons for suspending the three judges and a prosecutor. In his interview, Mr. Yılmaz said they had suspended the judges and launched an investigation because of the claims that the release of the 21 defendants had not conformed to the law and content of the file. He also admitted that they had taken such an action because of the outcry among the public, and because of some accusations showing that the judges had wilfully released the 21 defendants under other motivations except law.
When he was asked if those suspensions influence the other judges and prosecutors handling with FETO cases, “[o]f course, there will be some negative impacts but…”, he responded. Mr. Yılmaz also put this interview on his Twitter account (@mehmetyilmaz073, 5/04/2017, 06:13 pm) (https://mobile.twitter.com/undefined/status/849459904083570688).

As above-mentioned events cast, judicial rulings (the release order in this case) are arbitrarily reviewed by a non-judicial organ (HSYK/HCJP) and found unlawful and illegitimate. As a result of non-judicial reviews and reactions, judges and prosecutors may be suspended, dismmised, or subjected to legal proceedings. However, judicial decisions are only subject to judicial reviews and reversed by other judicial organs pre-determined by law. In sum, it is clear that the independence of judiciary is not independent as long as judicial decisions are subject to de facto governmental review and/or if judges are dismissed or suspended due to their judicial capacity.
Suspension of judges because of so-called outcry among public that their ruling may have created is a clear example proving that judges are vulnerable and open to external influences. Instead, protection of judges against external pressures is considered as one of the basic elements of an independent judiciary (Findlay v. The United Kingdom, para. 73). As a conclusion, this case is one of the significant evidences casting that the first instance and appeal courts performing under the shadow of the HCJP have lost their independence.

A purged judge

A LETTER FROM THE WIFE OF IBRAHIM ETHEM KURİŞ, ARRESTED FORMER ANKARA CHIEF PROSECUTOR IN TURKEY

The wife of the arrested prosecutor is now among hundreds of thousands of people who find themselves facing tremendous difficulties after the government started a desperate crackdown on the Gülen movement in the aftermath a 15 july coup attempt.

What follows is the full text of the letter submitted by the woman.

“… My husband, Ibrahim Ethem Kuriş, is a well-known prosecutor in Turkey. He has always been very good at his job and therefore advanced quickly in his career. In his initial years, the Supreme Board of Judges and Prosecutors [HSYK] appointed him as chief prosecutor in Tunceli and then Sinop. Thanks to his “Awarded Prison Project” in Sinop, he attracted the media’s attention. Even though he was younger than many of his colleagues, he was appointed to İstanbul’s Sarıyer district as chief prosecutor. The first elected HSYK appointed him as chief prosecutor in the capital, Ankara, in 2011. He oversaw many important cases in Ankara, including the pro-gov’t Deniz Feneri Association corruption and the Feb 28th post-modern military coup, which involved many politicians, bureaucrats and military officers. He was later appointed as Antalya chief prosecutor. That was his first lower-level assignment. Following the Dec. 17 and 25, 2014 [corruption probes], investigations that revealed the biggest corruption and bribery scandal in the history of the republic, the HSYK was redesigned by the ruling party and my husband was targeted again. He was sent to Sakarya as a prosecutor.
Because of unprecedented pressure on him, he developed cancer. He had surgery and is still undergoing chemotherapy. He has lost a lot of weight and has become weak because of disease. Doctors prescribed very precise treatment that requires a special diet. He must follow this advice carefully; otherwise, he could lose his eyesight. Unfortunately, he has already lost 95 percent vision in his right eye.
He needs special treatment for his eyes as well. During his treatment, he was detained over alleged involvement in the failed military coup attempt of July 15. He was the prosecutor who oversaw the Feb 28 post-modern military coup case. And now he is being accused of a similar crime.
He was too weak to even go outside, and he is now accused of trying to overthrow the government. As I said, he had previously been targeted by the AKP government, and Doğu Perincek supporters because of the Deniz Feneri and Feb 28th cases. His detention is revenge by members of the pro-government judiciary.
During the first two days of detention, he was not allowed to see his attorney or family members. He was staying on the fifth basement level of the courthouse. He was forced to sleep on the floor, and this made his health worse. In addition, he waited for three days for his preliminary trial. Then he was arrested and sent to İstanbul Silivri Prison. All his assets have been confiscated, which is also a kind of punishment not only for him, but also for me and our children. He was dismissed from his position. Therefore, we lost our only income.

He was held in a room with other 21 prisoners for 45 days. Then, he was put in solitary confinement. He was left to die in jail. He has cancer and needs special treatment. It is unlikely that he can have that under his current poor prison conditions. Please hear my voice. Anyone who has a conscience! Please help me and my husband. Please help us before it’s too late! We lost our income, and all the assets we had. I cannot afford my family’s living expenses, which makes my husband sad as well, and adversely affects his immune system. He is alone in his cell now. He tries to survive under terrible conditions. We are far from him behind those walls; however, as a family, our soul is captive inside the walls with him. My husband has been left to die, and he is slowly dying.

Related link: https://turkeypurge.com/my-husband-has-cancer-and-he-is-slowly-dying-in-solitary-confinement-says-wife-of-former-ankara-chief-prosecutor

JUSTICE! : about the suspension decision of the jurists releasing 21 journalist by HCJP

 

Emın Çöllaşan

My dear readers, the concept of ‘the independence of the judiciary’ is the foundation stone for every democratic society.
In a country where the judges and prosecutors make a decision in cases they hear in a way giving preferential treatment or they are compelled to do so, it becomes impossible to talk about the independence of the judiciary or the justice as well.
The judges and prosecutors who are subjected to the strong pressure of the executives and also compelled to decide so as not to undermine the interests of the ruling government reach at last a deadlock.
There was a report yesterday concerning the judiciary on which nobody paid much attention. That’s to say it was not found strange!

*  *  *

The 25th İstanbul Assize Court decided to release 21 out of 29 journalists including the artist Atilla Taş at the end of a trial of FETO suspects.
Then, this decision was informed to the prison administration…
The suspects who became so happy upon the release decision started to release preparations.
However, only a little time before they released, a new surprise decision reached the prison administration.
The other court had decided to the continuation of their arrest!
All right, how could it that become possible?

*  *  *

The interesting and remarkable truth of the matter became appearant on the next day.
The Supreme Board of the Judiciary (HCJP) suspended the head and the other two members of the court (the panel of judges) ordering the release of the journalists and also the prosecutor requesting the release of them.
They would be investigated by the inspector judges.
Now as you see the justice’s become injured in this way.
The concept of the justice’s become got rid of in this way.
In Turkey, lots of similar events have been being experienced everyday, however, almost none leaks out the press or becomes known by the public.

*  *  *

Now, let’s assume that you become a judge or prosecutor. In a case you hear, make a decision that undermines the interests of the executives if you think you can do it!
Particularly in politic cases…
Examining the case file, you find that it is deprived of the specific facts or absolute evidences of legaly designated crimes.
There is no grounds to continue the security measure of arrest or impose a punishment.
Furthermore, there is no risk of the suspects to escape, destruct or alterate the evidences as well.

*  *  *

You are a man delivering justice.
If that’s so, then what will you do?
I have no idea about the mentioned file and its content.
The aforementioned suspects have been held under arrest for a long time. As much as I could follow from the media, I know this much.
An Assize Court consisting of experienced panel of judge decided to release the suspects.
I have also no idea whether the decision was right or wrong, conforming with the laws or not.
However, it is certain that there is a huge strangeness in the current situation.
The happenings touch with the concept of the justice and also the independence of the judiciary.
Furthermore, at the same night with a newly court decision, it was decided for the continuation of the arrest of the journalists.

*  *  *

The mechanism worked on with lightning speed..
After an other court decided to re-arrest the suspects, the HCJP took action and suspended the jurists releasing the journalists.
Now, I am asking to all:
Let’s assume you become a judge or prosecutor…
Under such a political pressure, could you possibly render a decision in accordance with the Constitution, laws and your personal conviction conforming with the law knowingly that it will undermine the interests of the executives?
In the event of making a such decision, thinking even if you are not suspended, at least you will be exiled, you are rigthfully afraid.
From now on, which hero judges and prosecutors can possibly make decisions running counter to the realities of Turkey particularly in high-profile cases?

*  *  *

In fact, the truth of the matter is that with the recent suspension decision, the HCJP has become given a message to the whole judiciary:
“Think over carefully the outcomes of your decisions like this!”
Well, from now on, which court is able to decide the release of particularly the journalists of the Cumhuriyet Daily and the others!
How can it be possible?
As of today, the columnists, executives and the carucaturist, Musa Kart, of Cumhuriyet Daily have been arrested for 157 days.
The release requests of them have been rejected each time.
What kind of an offense have our colleauges committed?
Theft, corruption, rape, having a link with FETO, the support to terror, attempting a coup!
None of them.
If that’s so, then?
It is easy to answer…
The ruling government does not want them to be released.
Can such a justice or independent judiciary be possible?

*  *  *

Since 15 July coup attempt, almost 4200 judges and prosecutors were dismissed from the profession over charges of having a link with FETO.
Hundreds of them have been jailed in several prisons, awaiting fo their trial in desperate straits.
All right, who has charged them with this duty?
Again this government!
At that time, they were ally with Fetullah, they were just like twins and also very close friends.

*  *  *

There has left a little time for the Constitutional amendment referendum…
I oftenly warn those thinking to vote YES.
In case that the referendum results with the majority of YES votes, the ruling government will completely take the judiciary in particular the Constitution Court under its control.
You may need a justice one day.
Think over carefully…

Related link: http://www.sozcu.com.tr/2017/yazarlar/emin-colasan/adalet-3-1775078/

My dear readers, the concept of ‘the independence of the judiciary’ is the foundation stone for every democratic society.
In a country where the judges and prosecutors make a decision in cases they hear in a way giving preferential treatment or they are compelled to do so, it becomes impossible to talk about the independence of the judiciary or the justice as well.
The judges and prosecutors who are subjected to the strong pressure of the executives and also compelled to decide so as not to undermine the interests of the ruling government reach at last a deadlock.
There was a report yesterday concerning the judiciary on which nobody paid much attention. That’s to say it was not found strange!

*  *  *

The 25th İstanbul Assize Court decided to release 21 out of 29 journalists including the artist Atilla Taş at the end of a trial of FETO suspects.
Then, this decision was informed to the prison administration…
The suspects who became so happy upon the release decision started to release preparations.
However, only a little time before they released, a new surprise decision reached the prison administration.
The other court had decided to the continuation of their arrest!
All right, how could it that become possible?

*  *  *

The interesting and remarkable truth of the matter became appearant on the next day.
The Supreme Board of the Judiciary (HCJP) suspended the head and the other two members of the court (the panel of judges) ordering the release of the journalists and also the prosecutor requesting the release of them.
They would be investigated by the inspector judges.
Now as you see the justice’s become injured in this way.
The concept of the justice’s become got rid of in this way.
In Turkey, lots of similar events have been being experienced everyday, however, almost none leaks out the press or becomes known by the public.

*  *  *

Now, let’s assume that you become a judge or prosecutor. In a case you hear, make a decision that undermines the interests of the executives if you think you can do it!
Particularly in politic cases…
Examining the case file, you find that it is deprived of the specific facts or absolute evidences of legaly designated crimes.
There is no grounds to continue the security measure of arrest or impose a punishment.
Furthermore, there is no risk of the suspects to escape, destruct or alterate the evidences as well.

*  *  *

You are a man delivering justice.
If that’s so, then what will you do?
I have no idea about the mentioned file and its content.
The aforementioned suspects have been held under arrest for a long time. As much as I could follow from the media, I know this much.
An Assize Court consisting of experienced panel of judge decided to release the suspects.
I have also no idea whether the decision was right or wrong, conforming with the laws or not.
However, it is certain that there is a huge strangeness in the current situation.
The happenings touch with the concept of the justice and also the independence of the judiciary.
Furthermore, at the same night with a newly court decision, it was decided for the continuation of the arrest of the journalists.

*  *  *

The mechanism worked on with lightning speed..
After an other court decided to re-arrest the suspects, the HCJP took action and suspended the jurists releasing the journalists.
Now, I am asking to all:
Let’s assume you become a judge or prosecutor…
Under such a political pressure, could you possibly render a decision in accordance with the Constitution, laws and your personal conviction conforming with the law knowingly that it will undermine the interests of the executives?
In the event of making a such decision, thinking even if you are not suspended, at least you will be exiled, you are rigthfully afraid.
From now on, which hero judges and prosecutors can possibly make decisions running counter to the realities of Turkey particularly in high-profile cases?

*  *  *

In fact, the truth of the matter is that with the recent suspension decision, the HCJP has become given a message to the whole judiciary:
“Think over carefully the outcomes of your decisions like this!”
Well, from now on, which court is able to decide the release of particularly the journalists of the Cumhuriyet Daily and the others!
How can it be possible?
As of today, the columnists, executives and the carucaturist, Musa Kart, of Cumhuriyet Daily have been arrested for 157 days.
The release requests of them have been rejected each time.
What kind of an offense have our colleauges committed?
Theft, corruption, rape, having a link with FETO, the support to terror, attempting a coup!
None of them.
If that’s so, then?
It is easy to answer…
The ruling government does not want them to be released.
Can such a justice or independent judiciary be possible?

*  *  *

Since 15 July coup attempt, almost 4200 judges and prosecutors were dismissed from the profession over charges of having a link with FETO.
Hundreds of them have been jailed in several prisons, awaiting fo their trial in desperate straits.
All right, who has charged them with this duty?
Again this government!
At that time, they were ally with Fetullah, they were just like twins and also very close friends.

*  *  *

There has left a little time for the Constitutional amendment referendum…
I oftenly warn those thinking to vote YES.
In case that the referendum results with the majority of YES votes, the ruling government will completely take the judiciary in particular the Constitution Court under its control.
You may need a justice one day.
Think over carefully…

 

Related link: http://www.sozcu.com.tr/2017/yazarlar/emin-colasan/adalet-3-1775078/

no evidence? no problem!

THE TRAGEDY OF TURKISH JUDICIARY in the 21ST CENTURY ABOUT THE EVALUATION OF THE EVIDENCES

Source: https://twitter.com/HuseyinAygun62/status/850394254727925761

TRANSLATION OF THE PART OF THE INDICTMENT ABOVE –DATED 16 MARCH, 2017-:

“Because of the long term infiltration and staff strategy of the militants of the organization, it is normal not to have evidences such as bank account at Bankasya, newspaper subscription, education at organization’s test preparation centers and schools, suspects in judiciary, in governmental positions, which are accepted secret positions, structured cell type for the prevention of uncovering, so it is evaluated that with the lack of such evidences, prevention of uncovering is aimed, therefore it must be understood that suspect is committed a crime by being a member of FETO/PDY (means Gulenist) armed terror organization and …must be charged with…”

 

Explanation: No evidence is the evidence of the crime.

 

 

NUMBER OF DISMISSED JUDGES AND PROSECUTORS BY THE HIGH COUNCIL OF JUDGES AND PROSECUTORS OF TURKEY (HCJP) (BETWEEN 15 JULY, 2016 – 29 MARCH, 2017)

THE NUMBER OF DISMISSED JUDGES AND PROSECUTORS

BY THE HIGH COUNCIL OF JUDGES AND PROSECUTORS OF TURKEY (HCJP)

(BETWEEN 15 JULY, 2016 – 29 MARCH, 2017)

 

The number dismissed Judges and Prosecutors: 2847

The Decree Date and Number: 24 August, 2016 – 2016/426

http://www.hsyk.gov.tr/Eklentiler/files/liste.pdf

 

The number dismissed Judges and Prosecutors: 543

The Decree Date and Number: 31 August, 2016 – 2016/428

http://www.hsyk.gov.tr/Eklentiler/files/ekli-liste.pdf

 

The number dismissed Judges and Prosecutors: 66

The Decree Date and Number: 4 October, 2016 – 2016/430

http://www.hsyk.gov.tr/Eklentiler/files/ekli-liste-05-10-2016.pdf

 

The number dismissed Judges and Prosecutors: 203

The Decree Date and Number: 15 November, 2016 – 2016/440

http://www.hsyk.gov.tr/Eklentiler/files/KHK-GENEL%20KURUL-15_11_2016.pdf

 

The number dismissed Judges and Prosecutors: 227

The Decree Date and Number: 13 February, 2017 – 2017/35

http://www.hsyk.gov.tr/Eklentiler/files/EkliListe.pdf

 

The number dismissed Judges and Prosecutors: 202

The Decree Date and Number: 17 March, 2017 – 2017/113

http://www.hsyk.gov.tr/Eklentiler/files/ekli_liste_20-03-2017.pdf

 

TOTAL NUMBER OF DISMISSALS BY HCJP: 4088

 

DISMISSAL OF CONSTITUTIONAL COURT MEMBERS by the CONSTITUTIONAL COURT

Alparslan ALTAN and Erdal TERCAN

http://www.kararlaryeni.anayasa.gov.tr/Karar/Content/717f7c20-b696-4379-84f6-dfb568f8844a?excludeGerekce=False&wordsOnly=False

 

ADDITONAL INFORMATION:

104 dismissed judges and prosecutors have retrieved (regained) their position after their appeals to the HCJP. However, there could not be found an official governmental source for that.

  • Temporarily suspended and retrieved ones were not taken into account. Because they did not even dismissed.
  • According to http://www.gazeteduvar.com.tr/gundem/2017/01/20/6-ayda-42-bin-kisi-tutuklandi/:
  • As of 20 January, 2017; The Ministry of Justice gave Turkish Parliament, Coup Investigation Commission the information below:
  • The total number of arrested judges and prosecutors: 2453
  • 2283 First Instance Judges and Prosecutors
  • 2 Constitutional Court Members
  • 41 High Administrative Court Members
  • 104 Court of Appeals Members
  • 3 High Council of Judges and Prosecutors Members
  • And again, since dismissals started up until 20 January, 2017: 3939 judges and prosecutors were appointed
  • There are 1063 intern judges and prosecutors who will appointed soon.
  • Simply, in total there will be more than 5000 new colleagues started.
  • Additional Information: Almost all dismissed judges and prosecutors got detained (even women colleagues). And most of them got arrested.
  • Between 20 January, 2017 – 29 March, 2017: 229 more judges and prosecutors got dismissed.

SCANDAL: THE COURT DECIDED TO RELEASE 21 JOURNALIST, ERDOĞAN’S HITMEN MADE THEM RE-ARRESTED

(author known to blog editor)

The moment the court decided to release 21 out of 29 journalists at the end of the 5-day trial of 29 journalists, the AKP trolls among whom are Cem Küçük, Ersoy Dede, Fatih Tezcan etc. launched a campaign in social media, angrily calling on the judges re-arrest them. Hours after release decision of the journalists, İstanbul Chief Public Prosecutor’s Office issued detention warrants about 21 journalists.

Being unable to endure the release of the journalists to be tried without arrest, Cem Küçük, the leader of Erdoğan’s hitmen, ordered HCJP do what’s necessary and the jurists who made the release decision of the journalists re-arrest them.

In a series of messages from his twitter account on 31 March night, he wrote:

1-Except Atilla Taş and Murat Aksoy, all the suspects will flee by the sea way in this midnight. I am calling on Turkish police officials to take an action.
2-19 known FETO supporters were released. I am calling on the HCJP to do what is necessary with the judges who decided to release those journalist! That’s enough!
3-Ekrem Dumanlı (the ex-editor of Zaman Daily, shut down by the government) was also banned from traveling abroad but he fled. These will also flee if they are not arrested again.
4-The lovers of this country…Do not to allow this treachery. This nation is great.
5-All of these traitors will flee abroad and they will treat Turkey as an enemy. We should not let them do this.
6-İrfan Fidan, esteemed prosecutor, unless these known FETO supporters are arrested again, they will flee like Dumanlı.
7-What a pity! What a shame! We lost our 250 citizens struggling to survive Turkish state. The organization will help them escape by the sea way, the houses are ready for all in abroad. It’s not possible!
8- The ban from travelling abroad is meaningless. Dumanlı fled despite this ban, this organization is able to do this, all will flee abroad.
9-Even Ahmet Hakan reacted to the release of 21 journalists. Turkish judiciary! Have you stayed even behind Ahmet Hakan. That’s enough! Enough for such an extremely fear!
10-If these traitors are not jailed again, some will pay a very heavy price. I say this knowingly. Things will go crazy.
11- The scoundrel called Fetullah mentioned a spring. Is that spring this one? The prosecutor requesting the release of the journalists and the jurists of the 25th Assize Court releasing them! Answer my question!
12- Across the country in excess of 300 known FETO supporters were released. Judges, is the spring of Fetullah this? You will give an account to this nation.
13- (The Minister of Justice) Bekir Bozdağ should immediately convene the HCJP and take action against some judges. This is the demand of the nation.
14-Every judges and prosecutors who release the known FETO supporters will be dismissed from the post of judge. This is the definite decision of the State. Everybody knows this.
15-The owner of these courts and state is the nation. Despite the nation, nobody can be released. Nobody compels the patience of the nation and state come to an end.

“ Our Minister of Justice and HCJP have taken an action. The traitors will not be released.”
“The traitor FETO supporters will not see happy days. They will decay in the jail. Don’t worry! The patriot judges and prosecutors are doing what is necessary.”

In such a country where not the courts but Erdoğan’s hitmen decide who will be released and the judges and prosecutors can not render a decision independently and also those who desire to make a decision in line with the law are threatened to be dismissed from the profession, I wonder what sort of examples does the ECtHR, which addresses the applicants to the going haywire judiciary rejecting the applications for non-exhaustion of domestic remedies, want to see in order to be convinced that the victims of the emergency decree laws have a zero chance of success in the presence of domestic courts??

Related link: https://mobile.twitter.com/cemkucuk55

45 MORE JUDGES AND PROSECUTORS WERE SUSPENDED, 3 APRIL, 2017

As of 3 April, 2017,

By the High Council of Judges and Prosecutors’ decision

45 MORE JUDGES AND PROSECUTORS WERE SUSPENDED,

Including the ones who released journalists last week.

http://www.hurriyet.com.tr/son-dakika-hsykdan-feto-ihraclari-45-hakim-ve-savci-40416148

 

And Please find here a pro government twitter account -Cem Kucuk- tells the judiciary to rearrest the released journalists, and the High Council of Judges and Prosecutors to take action against the judges who released them. And both have happened.

http://www.gazeteduvar.com.tr/gundem/2017/04/01/cem-kucuk-istedi-tahliye-kararlari-geri-alindi/

HDP official referendum campaign song, “Bejin Na‘’ (Say No), banned

Last week the Şırnak Governor’s Office announced that the HDP official referendum campaign song, “Bejin Na‘’ (Say No), has been banned in Şırnak for “inciting hatred and hostility among the people.”

The HDP’s campaign song was composed by Kurdish singer Şeyda Perinçek and widely used by Kurdish politicians while campaigning to persuade people to vote “no” in a critical referendum on April 16 that will introduce an executive presidency in the country if approved.

Source: Turkishminute.com

Want to hear it anyhow?

The effort of a judge to convince HSYK to be innocent of groundless charges against him/TURKEY

(author know to editor)

JUDGE ID number 124797 / Mehmet Alçay-Tekirdağ Tax Court Judge published his personal story about dissmissal of judges and prosecutors.
( 25.03.2017, PUBLISHED IN ADALET ORG- PUBLIC PLATFORM FOR LAWYERS)
Judge Alcay is still active judge in Turkey. He was questioned by one of HSYK Judge, who specisifcly deals with “FETO (Gulenist)” investigation.
Judge Alcay argues that the HSYK judge told him the Council (HSYK) knows who voted to whom in the judicial election held in October 2014. Judge Alcay was faced these questions:
1- Whether he took a photo of his ballot, which can be proved he voted for YBP Assoc. candidates in October 2014 election.
2- Whether he used marker pen in his ballot, which YBP (goverment oriented assosiation defined by variety of independent international institutions) used a strategic toll to define voters inclination. HSYK Judge gave a specific example one of judge convinced HSYK that he voted for YBP.
3- If you do not show any evidence to vote for YBP, it might be a problem for Judge Alcay has link with so called “FETO” terrorist organisation.

Judge Alcay argues that he was follower of Gulen between 2012 to 2014. But, he does not have any connection with “FETO” since 2014, he voted for YBP candidates, and shared so many names to HSYK Judge to testify his statement. However, HSYK do not accept their testimony. Judge Alcay showed some pictures to HSKY Judge, he was outside streets with some people waiting for President Erdogan. He thought this pictures helps him not to be connection with any terrorist organisation. Support to Erdogan makes him innocent. Could you imagine a judge argues this kind of groundless defence in order to show his innocence? In addition, Judge Alcay finishes his writing with one Quran verse, which Allah warns people to be fair, and asks help from Erdogan not judiciary.

It’s been 8 months today.

(author known to the editor)

8 months ago my parents went today. My memories of that day are very hazy actually. As if it’s like i have heard from someone.

We did not sleep the other night. My parent’s lawyer will come in the morning, my parents will go to the courthouse and they will be taken into custody. I remember it was a beautiful morning. It was not too hot, it was not cool either. We went out with my dad to get a pastry for breakfast. On the way home, my dad took a run to the grocery and got 2 pack of blackberry jellybeans. He had done this three times before. Normally it is something that is “dreadfully painted food and is even more poisonous than mouse poison” for my father. The first time, he was going to Ankara for vocational training for 9 months while I was 2nd class. I remember it as a fruity jellybean and he also bought a magazine. I can not remember the name now. There was a cartoon that these girls were witches. Not Winx before that, the name of cartoon was “which” i guess, i dont know you remember but it was that cartoons magazine The second time he was going to England, we could not be able to meet again for 9 months. This time he took the 8th book of the mystery kids series and animal shaped jellybons. Then he went to France to study at the European Court of Human Rights for the Individual Application, when i was in high school, this time it was worm shaped jellybeans and Dan Brown Digital Castle. I guess I really realize at that moment that we could not see each other for a long time. This time he was going without of his will, he did not know when he is going to return this time, I could not go next to him, and I could not stay with him and he could not come back. That morning, We were saying goodbye in this way before He left, i started to cry at that moment. It was interesting because the night before tears were really no longer shed from my eyes, i was trully sure that my eyes were dried up, and if I cried once again blood or sand will flow from my eyes.

We returned home. Meanwhile my parents school friends came to our house. I think they were really helpful in this process, I guess i can not pay my debt in a lifetime. Then i could not be alone with my father again, my mother pulled me a corner. I sometimes think about my mother how does this woman withstand? How will she endure alone?, but that day I remember the talk we did, and it refreshes me, my mother’s nerves really made of steel, she is literally Neslişah (noble descendant) Altınpençe (goldenclaw). Look, Rana she said. “I dont care these nonsense, it is happening in this country, all these things are going to pass through in an case, you will be calm, you will grow up now. Do not be mess around, you are trusted first to God, then to yourself and then to your friends (eachothers). I love you so much, the truths will be revealed at the end, just a little time my daughter, they do not put allow to put our rings in custody, take the rings do not lost, i’ll take it when I come out. Keep our house clean, do not get accustomed to living in the dirt just because i am not around, your grandma and aunt will come in the evening, they will cook chicken, they are going to stay with you for the next couple days. This woman is a real “iron lady”, i couldn’t say “you will be taken under custody what chicken [are you talking about]?”. At that moment I went into shock that as if they are going to a vacation with my father. I have met a lot of grown-ups and very powerful women these days. I do not think even one of them can be so calm in that case.

They took baths. What do you think we should choose for clothes?, you choose said my mother. I chose white polo collar shirt and cream coloured pants for my father, and white tunic and cream pants for my mother. None of them didn’t say we were taken under custody, it should be dark colors in case the jail could be dirty, and the clothes can wrinkle. They spent three days in custody with their clothes on the benches. Nevertheless, the day of the hearing they were upright and clean. My father cried only when he called my grandmother. I hug him, he said, “Rana, I do not think I’ll ever see my mother again.” I couldn’t relieve him, i cried too.

They went to the courthouse with their friends car, my dad did not let me go out, he said “like we were going to work, wave hands and smile, like it’s a normal day.” I hugged them at the door, I went to the balcony and they went out to the apartment hand in hand. They looked at me and i waved my hands, my father blinked, my mother laughed, when she turned her back she began to sob and grappled my father’s arm. My father said “its okay” and he threw his arm around my mother’s shoulder and so they went away.

I sat at the balcony for 6 hours and my granny really made chicken.

I remember that night, I thought like “I could move this wall perhaps if i push for 10 years from now on, but there is nothing I can do to bring back my mother and father. The human brain is so interesting or it is not interesting maybe I am a bad person, i dont know why but at some point I thought things like “how to wash the clothes, who will clean the aspirator, the car is min e now ?”

Well, 8 months ago today I said goodbye to my family.

This seems like a very bad ending, but I think it’s actually the beginning. One day, if I write the book that I think, it will probably start like this, but I do not believe it wont end like this.

God willing!

AN ARTICLE AS TO THE BREACH OF THE RIGHT OF THE JUDGES IN TURKEY TO BE PRESUMED INNOCENT DUE TO NOT BEING BROUHGT AN ACTION AGAINST THEM

(Written by a rapporteur judge at Court of Cassation who request his name kept secret for security reasons)

THE BREACH OF THE RIGHT OF THE JUDGES AND PROSECUTORS TO BE PRESUMED INNOCENT AND TURNING OF THE SECURITY MEASURES (ARREST&DETENTION) INTO IMPOSEMENT OF A PENALTY OWING TO NOT BEING BROUGHT AN ACTION AGAINST THEM

1. THE MILESTONES OF THE PROCESS THAT CAUSES DISMISSAL OF THE QUARTER OF THE JUDICIARY

1.1. As it was understood that the corruption and bribery investigation, launched by İstanbul Chief Public Prosecutor’s Office into the Iranian citizen Reza Zarrab who has been also prosecuted in USA on charge of money laundering and also covering the sons of some Ministers and the son of President Erdoğan, would be disclosed by the National Intelligence Agency (MIT), that investigation was turned into the operation on 17 December 2013 and in particular Zarrab, the sons of some Ministers, many pro-gov’t businessmen and the head of a public bank were detained. Despite the second step of the above-mentioned operation had been being planned on 25 December 2013 covering the son of the President Erdoğan with together many pro-gov’t businessmen, Efgan Ala, the Minister of Interior of that time intervened the operation and prevented the law enforcement authorities from performing that operation.

It was for the first time in Turkey that law enforcement authorities under the command of the public prosecutor refused to execute the order of the prosecutor and upon this, the prosecutor conducting the above-mentioned investigation was left no choice but to make a press release in front of the court house reacting the current unlawful situation. These investigations would constitute the turning point on shaping of the relations between the judiciary and the executives. The President Erdoğan personalized these investigations launched into his son and also some members of the cabinet and declared in his meetings obviously that he would get revenge of this investigation. The judiciary, attracting the merciless anger of the President Erdoğan on it, could not be able to display a self-respecting stance against Erdoğan to protect its independence. So, in the subsequent years, the judiciary had to to bear o loss of its attitude. The independence of the judiciary was seriously undermined and the majority of it had pledged a complete allegiance to the President Erdoğan.

1.2. The other crucial event that made the judiciary and the ruling party face to face was the incident of MIT trucks experienced at the beginning of the year 2014. Upon an denunciation, the trucks traveling to Syria was stopped by the public prosecutor, it was established that the trucks were loaded with the weapons, military supplies and explosive substances despite the government authorities declared not so but loaded with the human aid. The crisis ended after the trucks were set free upon the Governer’s Office declared that the trucks were belong to MIT. However, this incident was made the President Erdoğan so angry that he made very hurtful words targeting the prosecutors conducting the MIT trucks investigation and stated that he would get revenge of this incident. Likewise, as seen afterwards, he had got the revenge of that incident in a way he made four public prosecutors, conducting this investigation and many gendarmeria officials and also the general editor Can Dündar and the representative of Ankara Erdem Gül, making this incident a news report, arrested. While the public prosecutors and the gendarmeria officials have been still held under arrest, Can Dündar fled to Germany after the Constitutional Court decision ordering his release from detention.

1.3.The ruling governmet succeeded in turning the investigations of corruption/bribery and MIT trucks, dispacthing military supplies to Islamic State in Iraq and the Levant (ISIL) into the victimization. Claiming that Gülen Movement would overthrow the ruling government by means of those investigations, it made a counter attack.
Accordingly, it practiced several disposals against the judiciary and the security forces. Within this context, firstly, the security officials and the public prosecutors conducting the above-mentioned investigations, were discharged and then İstanbul Chief Public Prosecutor was changed. At the same time, Birol Erdem, the Undersecretary of the Minister of Justice and also the member of the first department of the High Council of Judges and Prosecutors (HCJP) was removed from his office and Kenan İpek was appointed to his position. Similarly, the members of the first department of HCJP were also changed. After a while, a law no.6524 granting vast authorities to the Minister of Justice was adopted. In accordance with this law, the term of office of the Secretary General of HCJP and all the vices of the secretary, all the rapporteur judges and inspector judges of the Council expired automatically.
Despite Abdullah Gül, the President of the Republic of that time, expressed that the law amendment no.6524 was obviously contrary to the Constitution, he did not avoid himself from approving it in order not to come to face to face with his close friend Erdoğan having political islamic opinions just like himself. Later, most of the articles of this law were already annulled by the Constitutional Court, however, due to the rule set by the Constitution that the annulment decisions of the Court can not be applied retroactively, the government had got away with the obvious and unlawful interventions to the judiciary Taking courage from this law amendment no. 6524, the government passed more several laws just like a law that expired the term of the offices of all sitting Court of Cassation (CoC) and Council of State (CoS) members and also changing the structure and composition of CoC and CoS.

1.4 Getting ready to win the coming HCJP elections, the government established a platform on April 2014 called ‘the Platform of Union at Judiciary (YBP)’ in order to create a judiciary completely dependent to itself and never think of going against its orders. First of all, this platform took a photo of the whole judiciary organizing in all of the court houses across the country with the obvious support of the government. Accordingly, all of the members of the judiciary were labeled according to their political opinions or closeness to the ruling party. Then, the prepared blacklists, submitted to the Minister of Justice by the members of YBP, performing across the provinces of the country, were processed by the special teams here and the election preparations were carried out on the light of these blacklists. At last, the HCJP election held on 12 October 2014 was resulted with the absolute victory of the members of YBP who carried out the election preparations in a way benefiting from all kinds of the support of the government such as free transportation, accomodation, meal expenses etc. and also by means of the promises of the government to the members of the judiciary such as salary increase, the exemption of the disciplianary penalties provided that the members supported by the Government won the elections. So, the ruling party had a chance of governing the whole judiciary as it wants thanks to the new HCJP. The blacklists prepared by YBP presented great importance in terms of the disposals of the new HCJP and the determination of the members of the judiciary that would be dismissed from the post of judge immediate after 15 July coup attempt. The new HCJP took its decisions concerning disciplinary proceedings in line with these blacklists and at last all of the judges and prosecutors who were dismissed and arrested after 15 July coup attempt were determined according to these blacklists.

1.5. On the other hand, the president Erdoğan called Gülen Movement as “a terrorist organisation” beginning from the first day after 17 December 2013 despite there has been no court ruling that establishes the movement as a terrorist organization and then he established the specialized courts to struggle with this ‘organisation’. After Erdoğan declared that they were working on a ‘Project’ to struggle with Gülen Movement, ‘the criminal judges of peace’, which constitute the first base of ‘the Project Courts’ were established under the law no.6545 having the jurisdiction to search, confiscate, appoint a trustee, detain and arrest.

2. THE MEMBERS OF THE JUDICIARY WERE DETAINED AND THEN ARRESTED UNLAWFULLY
ONLY A FEW HOURS IMMEDIATE AFTER 15 JULY COUP ATTEMPT

2.1. On the one side, Erdoğan was getting revenge of the 17/25 December corruption/bribery investigations from the judiciary, on the other side, he operated his plan one by one to put the judiciary in such position in which it pledged its alligiance completely to him. In this context, the forming of the HCJP completely under the control of the government was not found satisfactory so that the purge of 5000 judges and prosecutors who did not support the pro-gov’t candidates in HCJP elections held in 2014 was also considered to be necessary. For this purpose, to pasifize and intimidate the opponent members of the judiciary, the new HCJP launched the criminal prosecutions into them just after starting to perform its duty and appointed them to the duties not suitable with their acquirements and also delayed their promotions arbitrarily. All of the opponent judges and prosecutors were appointed to the passive tasks. For instance, despite there was no need for the administratve courts in the southestern region of the country, the tax courts were established in most of the provinces in this region and the opponent judges were appointed to these courts to make them passive. On the other side, some of the judges and the prosecutors who were labeled as opponent to the government were appointed once a year contrary to the Rules of Procedure set in legal provisions and some of them were appointed 5 times in a year.
Shortly, the ruling government of Erdoğan desired to purge the members of the judiciary who did not humiliate to himself, however the legal provisions in force did not allow him to realize his aim. So, while the government of Erdoğan was looking for a solution for his aim, 15 july coup attemp called as ‘a gift from God’ by himself had come to his rescue.

2.2. Immediate after 15 July coup attempt started at nearly 9:00 p.m., Ankara Chief Public Prosecutor’s Office issued detention warrants without having a jurisdiction and also getting a prosecution permission from the HCJP about 2745 judges and prosecutors at early hours of next day in violation of the § 9 of Article 159 of the Constitution and the article 88 of the Judges and Prosecutors Code no.2802, deeming the coup attempt ‘in the act of a crime’. Afterwards, the second department of the Council suspended these judges and prosecutors.
It is a well-known fact that thousands of judges and prosecutors were dismissed by the HCJP the day after the coup, based on lists which had been prepared by the members of YBP. Because, there were no prosecutions launched into those judges and prosecutors over the charge of having a link to the terrorist organization or abolishing the constitutional order. If that’s so, then how can it be possible to determine almost 3000 judges and prosecutors in only a few hours at the coup night that they involved in the coup attempt or having a link to the terrorist organization? Even only this fact is sufficient to prove that the blacklists of the opponent members of the judiciary prepared by the members of YBP was automatically turned into the detention lists by the public prosecutors’ office.
The fact that the name of public prosecutor Ahmet Biçer died on 23 May 2016 or the names of some retired judges and prosecutors or the names of some of the duty places where the judges and prosecutors served two years ago were included in the suspension list is sufficient to disclose the reality that those lists were prepared in advance. Likewise, Mehmet Yılmaz, the vice chairman of HCJP, declared on 19 July 2016 that 2740 judges and prosecutors were not determined suddenly but they were working on it for two years. Furthermore, in an interview he made with Elif Çakır, journalist in Karar newspaper, on 21 September 2016, he said “we had suspended 2740 judges and prosecutors on the wake of the 15 July coup attempt. However, that list was not prepared in only one night but we were working on it for three years”(1). Yılmaz confessed the fact that thousands of judges and prosecutors were dismissed by the HCJP the day after the coup, based on blacklists which had been prepared beforehand. Moreover, the monitoring committe of the Parliamentary Assembly of the Council of the Europe (PACE) pointed out this issue in its report published on 8 March 2017 as the following: “It is a well-known fact that thousands of judges and prosecutors were dismissed by the HCJP the day after the coup, based on lists which had been prepared in advance. These collective dismissals have had an impact on the functioning of the judiciary and its independence”(2).

2.3. According to the § 9 of Article 159 of of the Constitution, it is provided that any criminal investigation or prosecution can not be launched into the judges and prosecutors or any disciplinary penalties can be imposed against them by Ankara Chief Public Prosecutor’s Office or the Inspection Council of HCJP unless the request of concerned department of HCJP or the approval of the chairman of the Council remain. Otherwise, the prosecutors’ office will become deemed the § 9 of Article 159 of the constitution is null. As to be seen, without launching a criminal investigation or prosecution against judges and prosecutors, issuing a detention warrant about them is obviously contrary to the provisions of the Constitution. Furthermore, in the article 88 of the Judges and the Prosecutors Code no.2802, it is provided that “ except the cases where to be caught red-handed, the judges and prosecutors can not be directly caught, searched, detained or arrested.” Due to the fact that it is impossible to display a will for 2745 judges and prosecutors at the same time to commit a crime within the jurisdiction of the Assize Court, the detention warrants issued by Ankara Chief Public Prosecutor’s Office are also contrary to the Constitution, law or the Rules of Procedure from this point of view. Likewise, in his statement, which he made on 28 December 2016, the vice president of HCJP Mehmet Yılmaz told Sevilay Yılman, a journalist of Habertürk Daily: “The judgement of the judges and prosecutors will be possibly made only on the accusation of having a membership in armed terrorist organization, because there has been nobody whose involvement in the coup attempt is definetely proved up to now! We haven’t obtained any evidence yet” (3). In this way, he became confessed the fact that the condition provided in the code no.2802 where to be grounds to accuse the judges and prosecutors that they have committed a crime within the jurisdiction of the assize court and they are caught red-handed does not come true.

2.4. All the above-mentioned facts point out very well that the government had looked for an excuse just like a coup attempt to impose all these arbitrary arrests and the other disciplinary penalties. If in excess of 4000 judges and prosecutors (as of today when the dismissed members of the Court of Account and the military judges are included, the total number reaches 4695) have committed the alleged crime directed towards themselves, why hasn’t any disciplinary proceeding been applied against them and the wake of 15 July coup night was waited for? As it is impossible to obtain evidence without launching a criminal investigation against them in line with the legal procedures provided by the § 9 of Article 159 of the Constitution, what evidences might have been obtained in only a few hours up to the midday of 16 july so that the detention warrants were issued about in excess of 4000 judges and prosecutors, arrested and then dismissed from the post of judge on grounds of having a link to terrorist organisation. Or, did the specific facts or concrete evidences about the determined judges and prosecutors arise in only one day? This fact obviously shows that all of the unlawful disciplinary penalties just like detentions, arrests or dismissals were imposed completely arbitrarily.

2.5.Upon the detention of the judges and prosecutors in a headlong manner contrary to the Constitution, law and the Rule of Procedure immediate after 15 July coup attempt, Turkey director at Human Rights Watch, Emma Sinclair said that “jailing judges without even the pretence of due process will cause profound damage to Turkey’s justice system for years to come. Bypassing the rule of law is no way to protect it”(4). Furthermore, the monitoring Committe of the Parliamentary Assembly of the Council of the Europe (PACE) stated in its report published on 8 March 2017 that judges represent a special category of public servants, whose independence is guaranteed at the constitutional and international levels. Therefore, any dismissals within the judiciary or the regulatory bodies of the judiciary such as the HCJP, for example, should be subjected to particularly exacting scrutiny, even in times of a serious public emergency Otherwise, dismissals in judiciary may create a ‘chilling effect’ within the judiciary, making other judges reluctant to reverse measures declared under the emergency decree laws out of fear of becoming subjects of such measures themselves (5).

2.6. Under state of emergency, the government preferred to use the method of ‘achieving evidences following the accused person is arrested’ which is widely used in times of dictorial regimes instead of one of the most important and fundemental principles of Criminal law which is ‘achieving the accused person in a way of following the evidences’. The judges and prosecutors, detained and arrested based on the blacklists despite there were no concrete evidences, were compelled to confess the crime that they did not commit. Within this context, thousands of the arrested judges and prosecutors have been unduely subjected to torture and ill-treatment (in a way of being held in solitary confinement). In his statement, Mehmet Yılmaz said: “No worries. The HCJP will not return anyone who avails themselves of the Effective Repentance Law to their duty again. Our board is determined on this issue.” And he added: “ I made that statement to encourage confessions and it was vey succesful. There were no confessions at that time, but after I issued the statement, many were obtained”(6). However, they did not find the confessions satisfactory which were obtained playing a trick in a way of saying that they would discuss keeping suspended judges and prosecutors in their jobs whose confessions were helpful and important, but before all else, the confessors would be absolved from being punished and avail of the effective repantance so that almost 700 judges and prosecutors had been held in solitary confinement contrary to the Act of Execution of Penalties and Security Measures no. 5275. As of today, these judges and prosecutors have been being compelled to confess the crime they did not commit in the prison cells under solitary confinement. However, Juan Mendez, the Human Rights Council’s Special Rapporteur on torture proposed to the committee at the General Assembly of the United Nations a worldwide ban on the practice of solitary confinement saying that it was somewhat of a torture (7).

3. THE MEASURE OF ARREST HAS BEEN TURNED INTO THE IMPOSEMENT OF A PENALTY IN A WAY OF NOT FILING LAWSUITS AGAINST THE JUDGES AND PROSECUTORS HELD UNDER ARREST FOR 8 MONTHS

3.1. While the rate of the dismissals of the military officials on charge of attempting a coup is 12 percent, the highest rate with a 25 percent belongs to judiciary. Although the military officials, allegedly involved in he coup attempt, have not been arrested, even not launched an investigation against them yet, all of the suspended judges and prosecutors were detained and the majority of them were arrested. Furthermore, although the identities of the coup attempters have not been determined yet, the detention warrants were issued about the judges and prosecutors all at once. These practices cause to put into question that the coup d´état was attempted by the armed military forces or else by the judges and prosecutors who have nothing in their hands rather than the law.

3.2. The judges and prosecutors who have been arrested before all the public servants in a big hury, this time, have been left in a desperate straits owing to not prepared indictments about them. Although, the military and the other security officials or the other categories of the public servants have been filed lawsuits against and the hearings have also been being held, the trial of the judges and prosecutors somehow hasn’t started yet. For example, the arrested public prosecutor Seyfettin Yiğit was compelled to commit suicide because he could not put up with the persecution he was subjected in the prison cell even he did not see the indictment that should become prepared at that time and also judge Mehmet Tosun was died in hospital because of his illness worsening during the police detention following his dismissal where he was treated brutually and caused a lot of trauma of him.

3.3. It is questionable and as of serious concern that even only one lawsuit hasn’t been filed against any member of the judiciary. Further, the decisions on detention frequently lack proper reasoning based on specific facts, evidence and grounds to justify the deprivation of their liberty, as required by law. Accordingly, it is understood that the above-mentioned statement of the vice president of HCJP Mehmet Yılmaz discloses the fact that they delay bringing suitcases against the members of the judiciary with the hope of gathering evidence in time because they could not be able to obtain any evidence up to now other than the labeling lists prepared by their supporter judges.

3.4. According to the principle of natural judge, a dispute can be resolved (tried) only by the courts which have a jurisdiction at the time when that dispute arises. Accordingly, it is prohibited of the resolution of a dispute by the tribunals, established under a law passed after that dispute arises that’s to say there is no chance of establishing extraordinary tribunals instead of legally designated courts (8). Further, the article 37 of the Constitution titled ‘Principle of natural judge’ provides: “No one may be tried by any judicial authority other than the legally designated court. Extraordinary tribunals with jurisdiction that would in effect remove a person from the jurisdiction of his legally designated court shall not be established.” Accordingly, the courts which have a jurisdiction to try dismissed and arrested judges and proseutors following the 15 July coup attempt shall be determined in line with the concerned legal provisions of the code no. 2802 in effect in time of 15 july coup attempt. However, by the emergency decree law no.680, adopted nearly 6 months later after 15 july coup attempt, in cases of conducting a criminal investigation or prosecution against the judges and prosecutors, the chief public prosecutor’s office or the assize court which are located in the region where the persons concerned serve shall have jurisdiction over the case. Due to the this provision, regulated contrary to the principle of natural judge and the constitution, the legal confusion on the issue that which tribunals have jurisdiction to try thousands of judges and prosecutors including many first category judges and prosecutors arises as another reason of delaying to file lawsuits against the members of the judiciary.

3.5. Moreover, the judges and the prosecutors have been held under arrest by means of ‘the criminal judge of peace’ operating as a closed circuit which means objections to their decisions are not reviewed by a higher judicial body but by their peers i.e. by another single-judge institution. Accordingly, if a lawsuit is brought against the judges and prosecutors in competent judicial bodies other than the criminal judges of peace, somewhat of a beating tool of the government, the chance of making a decision ordering their release will be high so that the judges and prosecutors have been kept busy without filing suits against them.

3.6. As the politics of the ruling government oftenly come face to face with the members of the judiciary due to their many unlawful actions that constitute an offense, they desire to get revenge they have raised against the members of the judiciary by hand of new recruits who pledged alligiance completely to the executives so that the arrest sanction has turned into the tool of penalty imposement.

4. THERE IS NO EFFECTIVE REMEDY AGAINST THE DECISIONS OF THE CRIMINAL JUDGES OF PEACE

4.1. Contrary to the fundemental principle of the criminal procedure law which is “a decision of a judicial body shall be reviewed only by a higher one”, it is regulated in concerned law as objections to the decisions of the criminal judge of peace shall not be reviewed by a higher judicial body but by their peers i.e. by another single-judge institution. Although it is alleged that the criminal judges of peace are established to ensure the freedoms, never mind about the decisions of these institutions that rule to protect the freedoms, there are lots of decisions which lay down that these crimial judges of peace have been being used as a tool to silence and intimidate the opponents. For example, following the 17/25 December corruption/bribery investigations, the television organizations and many conglomerates which are known as sympathizers of Gülen movement were shut down, their assets were confiscated and the executives and the employees were arrested. In addition, the executives of Cumhuriyet Daily who published the photos of the MIT trucks dispatching military supplies to ISIL or the co-chairs, deputies and mayors of the Kurdish Workers’ Party (HDP) exhibiting an opposition stance in a way of saying Erdoğan “we won’t let you become a president” were also arrested based on the decisions of the criminal judges of peace, further the municipalities of HDP were seized being appointed trustees by the court ruling of these criminal judges of peace. Levent Gök, the deputy chairman of one of CHP groups in Grand National Assembly, told in his statement he made on 27 October 2015, that the criminal judges of peace were established by the ruling party to settle outstanding accounts with the opponents and it was impossible to call these institutions as a court but these were man-at-arms of the ruling party. The judge İslam Çiçek who rendered a decision ordering the release of Reza Zarrab and the sons of the Ministers of Erdoğan cabinet shared a message in his facebook account in which he declared his love to president Erdoğan, representing a remarkable example to increasing divergence from the rule of law and the independence of the judiciary.

4.2. Againts the decisions of these incompetent criminal judges of peace, the only effective and available domestic remedy seems the individual application to the Constitutional Court. However, despite thousansd of the individual applications, submitted to the Court should have been examined urgently up to now, the Constitutional Court under the strong political pressure of the executives have not decided any of the applications yet. In fact, on 4 August 2016, the Constitutional Court of Turkey decided, in a judgment, to dismiss two of its own members for their alleged links to Gülen Movement. This judgment was based on the power (given to the Plenary of the Constitutional Court by Decree Law no. 667, Article 3 (1)) to dismiss the Constitutional Court judges who are considered to be a member of, or have relation, connection or contact with terrorist organizations or structure/entities (9). It can be easily understood that in such a context the Constitutional Court will not in a position to reach a decision impartially for the dismissed 4000 judges and prosecutors. However, in its Mercan v. Turkey decision, the ECtHR noted that the domestic remedies are effective referring the decision of the Constitution Court in which the Court ordered the release of Can Dündar and Erdem Gül (10). However, the ECtHR omitted two important points in its decision which are as the following: Firstly, there is a huge different between the judiciary existed before 15 july coup attempt and released Can Dündar and Erdem Gül and the judiciary after 15 July whose quarter of the members have been purged and the remainders, on the other hand, are frightened and also reluctant to reverse unlawful measures declared under the emergency decree laws out of fear of becoming subjects of such measures themselves. Secondly, Erdal Tercan and Alparslan Altan, voting in favor of the release of Can Dündar&Erdem Gül and known having leftist tendency and not to have a link to Mr Gülen were dismissed over charge of having membership in criminal organisation.

4.3. The United Nations Mechanism for International Criminal Tribunals ordered the government of the Republic of Turkey to cease all legal proceedings against judge Aydın Sefa Akay, a member of the Appeals Chamber Bench in the Ngirabatware case and take all necessary measures to ensure his release from detention. The United Nation Secretary- General has formally asserted the diplomatic immunity of him to Turkish authorities and his detention has violated the judge guarantees and the indepenence of the judiciary. As seen, the domestic remedies are so effective and available (!) that judge Akay who has a diplomatic immunity and ordered to be released no later than 14 February 2017 hasn’t been released yet although the order is binding on Turkey under United Nations Security Council resolution 1996, which requires that all states comply with orders issued by the mechanism (11).

5. CONCLUSION

In summary, the judges and prosecutors targeted by the ruling government after 17/25 December corruption/bribery investigations have been subjected to a hurtful cutting up of Erdoğan thanks to 15 July coup attempt called by him as ‘a gift from God’. The quarter of the whole judiciary were labeled as a terrorist and their assets were seized as never been experienced before in any public institutions before, then detained and arrested. Despite there has been nobody whose involvement in the coup attempt is definetely proved up to now, the judges and prosecutors have become a devastating affected category in public servants that has suffered irreversible damage the most heavily from the outcomes of the coup attempt. Without any indictment, they have been held in prison cells even in solitary cofinement for months being deprived of many fundemental rights even the persons convicted of murder, sexual abuse or plundering were granted. Unfortunately, the judges and prosecutors whose applications lodged with the ECtHR have been rejected by the Court for the non-exhaustion of domestic remedies have been left to beg for a justice from their executioners. We hope that the ECtHR will be no more late in delivering justice to thousands of judges and prosecutors left to decay in prison cells in a way of turning back its decision that orders them to make use of the domestic remedies.

RELATED LINKS:

1.http://www.karar.com/yazarlar/elif-cakir/yargi-fethullahci-teror-orgutunden-temizlenebildi-mi-2161
2.http://website-pace.net/documents/19887/3258251/20170308-TurkeyInstitutions-EN.pdf/bbd65de5-86d4-466f-9bc1-185d5218bce7
3.http://m.haberturk.com/yazarlar/sevilay-yaziyor/1341844-hsyk-baskanvekili-niyetim-itirafciligi-tesvik-etmekti
5.http://website-pace.net/documents/19887/3258251/20170308-TurkeyInstitutions-EN.pdf/bbd65de5-86d4-466f-9bc1-185d5218bce7
6.http://m.haberturk.com/yazarlar/sevilay-yaziyor/1341844-hsyk-baskanvekili-niyetim-itirafciligi-tesvik-etmekti
7.http://www.sabah.com.tr/gundem/2013/10/24/bm-hucre-cezasi-iskencedir-kalksin
8.Kemal Gözler, http://www.anayasa.gen.tr/tabii-hakim.htm
9.http://www.kararlaryeni.anayasa.gov.tr/Karar/Content/717f7c20-b696-4379-84f6-dfb568f8844a?excludeGerekce=False&wordsOnly=False
10.https://www.google.com/url?sa=t&rct=j&q=mercan+v.+turkey+echr&source=web&cd=4&ved=0ahUKEwjv95O5zs7SAhWILmMKHaHNC2EQFggrMAM&url=http%3A%2F%2Fhudoc.echr.coe.int%2Fapp%2Fconversion%2Fpdf%3Flibrary%3DECHR%26id%3D003-5549948
11.http://www.unmict.org/en/news/mechanism-orders-turkey-release-judge-aydin-sefa-akay

THE GUIDE OF SENDING YOUR MOTHER AND FATHER TO THE JAIL-CHAPTER 2

I had got so angry, I was about to go mad but I did not have energy to attack the police officials or tell them even one word. It was the first one of my attacks of nerves that I had experienced in the last 8 months. At the beginning of this period, I was always crying.
I did not have enough strength to resist police officials, however, I had it for my poor grandmother and my aunt who were trying to comfort me.
My grandmother had bought an ice cream and soda water for me. Firstly, I bawled at her by saying what I was going to do with them. She could remain silent and say nothing to me. In these days, whenever I think that moment, I feel ashamed for treating disrespectfuly to her. On the other side, my aunt was also crying at another corner. But I was not be able to bear on her crying considering that nobody had right to cry other than me, because those who went to jail were my mother and father. I was screaming by saying them to go and I didn’t want to see them in my home.

As you understand, I drove them away harshly. My grandmother told me she would call me at night to ask how I was and my aunt told her to go, then they did so.
During three days, I shouted at everything around me crying. As my grandmother knew that I could not resist against my uncle, she sent him to look in on me in order to see whether or not all is well. I saw him off saying I was alive.
During the detention period of my mother and father, there were two things that made me liven up. First one was a serial, called Aşk-ı Memnu and the second one was buble trouble, a flash game. There is a creature in the game and you blow up the balloons with that. Just like going mad, I played all levels of the buble trouble, each level of whose had almost 70 sections watching that serial at the same time.
3 days later, the prosecutor would take the testimony of my father and mother. I hoped that either the prosecutor would not refer them to the court saying it was a huge nonsense or the judge would order the trial of them without arrest on the grounds that there was no risk to escape or destruct the evidences. In fact, I was so sure that they would not be jailed.
At the end of three days passing awfully, the hearing day came round at last.
I wore my black-yellow dressing given as a gift by my mother and having a black belt, it was quite stylish.
I stopped a taxi on the road and got on it. An issue was talked on the radio about capital punishment and the detention of 4000 judges and prosecutors. The taxi driver told to be hung them all . At that time, I began to scream him saying that I was going to court house for the hearing of my father and mother.
I asked him whether my mother or father made a coup. And I asked him what crime we had committed, and added: “We were at our hometown for the festival holiday then we took a message saying the judicial holidays were cancelled. Upon this, we came back İstanbul on the wake of 16 July. If these people made a coup, were they so mentally retarded that they would return back İstanbul with full knowledge of the disadvantageous consequences of this incident? Do we seem so mad? You say let them be punished with a death sentence. As if you know everything, whatever news these agencies send out, you nod your head, please think a little over the issues carefully!”.
Then, the the taxi driver began to speak falteringly saying me that we had not there at the coup night but the planes flied over them and killed the innocent persons.
I continued to shout him saying whether my father or mother killed those or what connection we might have with that awful incident.
Then, I told him to stop the taxi at the right of the way and I threw 50 liras, not waiting for the change I had paid more than the stated amount which was 15 liras. That was really incredible and unnecessary behaviour so that I still think that amount of change, 35 liras, at some nights.
Then, I arrived at the court house. I hadn’t seen my parents for 3 days. I asked the police officials if they would allow me to meet them, but they did not answer my question looking at my face. The testimonies of almost a hundred judges and prosecutors were taken. They were divided to groups of ten, my mother and father were in the same group. The one whose testimony was taken came to the alongside of the prosecutor, waiting to join the hearing. I heard the voice of my mother saying loudly “ I will see my daughter, tell her to come here” I followed her voice. As always she was before, ‘Neslişah Altınpençe’ (refers her ability to endure a difficulty) was standing just in the middle of the chaos. A police official opened the door asking me if I was her daughter. I said yes. She run towards me and we sit close together hugging. At that moment, my father was giving his testimony.
I did not remember what we talked at that moment. We only hugged each other. They took my parents to the hearing hall. But my father still didn’t come. I was waiting for my father to come falling into front of the glass door. The police officials told me to go, even one of them pushed me. Crying and screaming at the same time, I saw my father coming and pushing the polieman, I hugged him.
The policeman was taking my father to the lifts saying us to leave each other. He pushed my father from his shoulder. Any child should not witness this desperation of his father. It was so for not to be humiliated because he was a giant in my opinion, howeever, my father felt ashamed because he could not resist the policeman and he was left in desperate straits in front of his daughter. Smiling at me, he told me to leave him and said they would go downstairs.
They got on the lift.
I knew the court house. They went to 4 floors down and I also run down the stairs at the same time. I saw my father again. The police officials took hold of his arms. I said him ‘my dear father’ and we hugged again. The police pulled my father from his arm and they disappeared from sight behind a glass door. At that moment, I fell into the floor crying.
I had waited for the beginning of the hearing for almost one hour. They did not allow me to enter the hearing hall. I was crying, at just the moment I gave in, they allowed me to enter in. I started to think they were kidding with me.
My mother and father were sitting close together. I run alongside them. My father told me to leave my mother and hug him because there was a high chance of her release but he thought that he would be arrested and added: “We should be calm, everything will get better”. I could only be able to cry.
Then, the hearing began. They were giving their testimony again. My father said: “Our passports have expired for a long time ago. We came on our own for giving testimony, why do we escape?”, then my mother said loudly: “ If I was a traitor, did I serve for my mother country in Lice, the district of Diyarbakır where the bombs were blew up every night by the terrorists?”
The judge said: “ All your sayings don’t matter for me. I have a whatsup group consisting of trustful members. I ask your names to them one by one. That is the sentence what they say”.
As it seemed, the court ruling was obvious. There was no need for a trial. It was meaningless to offer them to think mentally or logically or in line with the law.
The hearing had a break. After the break, the judge would pass his decision which was determined beforehand.
I sit down hugging my father. I could not be able to cry any more. Then, they entered the hearing hall again. While waiting for the court ruling, I talked with a women buying chocolate, water etc. and also renting a robe worn by the lawyers. I told her the happenings. She said me not to be sad and hope their release. However, she also did not believe their release because nobody had been released yet up to that moment.
Meanwhile, I was talking with some police officials. All of them felt sorrow for me but I did not care.
At last, the court ruling was passed. I heard some screams from the hall. An elderly policeman came near me and asked my mother’s name. I told him ‘Neslihan’. I looked at his face, his eyes were full of tears.
At that moment, I was petrified with astonishment and I was only able to look just so. I said first ‘mother’ then shouted as she was my mother. Perhaps, my screams signified nothing for the poeple there but I was saying she was my mother.
The rest was a long darkness..
The women buying something in the counter held my hands. She was sobbing by saying me these days would pass and everything would be better. All of the 24 police officials standing in two lines were about to cry, their eyes were full of tears.
The door of the hearing hall was opened. The policeman, who torn my paper at the day when I took some belongings for my parents was grabbing the door alone and did not allow anybody to enter in. Standing up slowly, I stopped just opposite of him. I hit his shoulder with my fingers three times and said she was my mother.
The man was drawn back as if I said an enchanted word. Then I entered in the hearing hall. Everybody inside was crying. My father hugged my mother crying but my mother was not crying. She said me: “Rana” and I said: “yes my dear mum”, added: “ I am so sad but you will grow up any more my dear daughter”. Then we hugged altogether. I did not remember how long time we spent so.
They took my mother, they took my father and handcuffed them.
Hilal aunt took me at my home.

Source: https://kadikiziblog.wordpress.com/2017/03/27/anne-ve-babanizi-cezaevine-gonderme-klavuzu-bolum-2-ofke/

A COLUMN BY COLUMNIST ÇİĞDEM TOKER, CUMHURİYET DAILY, REGARDING ARRESTED THOUSANDS OF JUDGES IN TURKEY

Arrested JUDGES AND PROSECUTORS

“No. There are no channels to express ourselves. I am calling you because you wrote this topic before and of course you are a woman. ”
The dictation of voice on the phone is smooth. Expressions are clear, determined.
The name is hidden. Let’s say her name is Aysun.
Mrs. Aysun is the wife of a judge who was taken into custody on 16 July 2016. Yes, July 16th. Just one of the judges and prosecutors’ wife who were taken under custody and arrested then dismissed immediately after the coup attempt, and whose total number is four thousand (its more than 4 thousands nowadays).
Eventhough it is very rare, the voice is too weak, notwithstanding the channels that transfer these rare and weak voices restricted to the death, you may have heard or read the following questions:
“Were the judges and prosecutors who were sacked and sent to prison in a night, be understood that they are members of a terrorist organization at coup night, were therefore they detained without legal review-investigation?”
“Even if they were members of a terrorist organization, so why [judicial authorities] waited until July 16th?”
Or the judges and prosecutors who were taken under custody abruptly, had been marked for different reasons, was the July 15 coup d’etat been the stage?”
“I was so sure that my husband will be back in one week at most,” says Mrs. Aysun.
She says that her confusion is not over yet:
“We grew up in a family where the Republican values ​​are embraced. The apposition with my husband and being member of a cemaat is just incredible. On the contrary, he always reacted.”
Mrs. Aysun has an opinion that her husband was blacklisted cause he was a member of YARSAV (An Independent Judicial Association) and he did not vote for the YBD (Pro-Erdogan Association of Judicial Unity) on the Judicial Council (HSYK) elections. Not only by her husband, but also by many judges and public prosecutors who did not vote on the list of the Association Of the judicial unity in the HSYK elections, were blacklisted as “FETÖists (Gulenists)”, which is spoken in many places, she shared.

‘We told our child that her father is doing his military duty’

Her husband, who was a head judge of a heavy penal court, spent the first three months in the solitary confinement, of his nine months imprisonment, not stand in a trial. The older one of the two children began primary school this year when his father was in prison.
“As she learns to read, she can understand her fathers situation since she visit him twice a month” says Mrs Aysun. Her voice is getting hoarse before she finishes her sentence. We became mutually silent for a while on the phone.
The most strange thing comes to Mrs. Aysun is that some judges and prosecutors are released, even though there are no indictments about them like her husband. She complains that everyone wrongfully detained must of course, be released, but he can not understand how it is legally possible. She says “when the situation asked to the HSYK, she received the “they are confessors” response, but she knows that non-confessor judges were also released.”
She can not believe that there is no news in newspapers and TVs about ongoing human right violations.
In spite of the unlawfulness of the Ergenekon and Sledgehammer lawsuits, that the victims can express themselves in a larger number of ways compared to today, and states that she was sorry to told these in this way and adds;
“It is not known that thousands of judges and prosecutors in Turkey today are expecting a trial without indictment. Nobody knows about this. Nobody knows, or it was forgotten, I’m not sure of it.”
She emphasizes that it is the suffering of not knowing how long it will take.
“I would give my name and my husbands If I had not to stay healthy to be with my children, Please excuse me” She says
Excuse ? What Excuse ?
I tell her best wishes for her husband whose detention closes to nine months in a prison somewhere in the country, and she tells her best wishes for my dear friends whose detentions without indictment approaches six months in Silivri. “It’s good news that there is Cumhuriyet daily” she says
And “God willing there is good comes out of it i hope,” she adds, while closing the phone.
Such.

Source: http://www.cumhuriyet.com.tr/m/koseyazisi/708756/Tutuklu_h_kimler_ve_savcilar.html

what happened in one of the most important press freedom cases in Turkey

(author know to the editor)

In one of the most important press freedom cases in Turkey, most are in pre-trail detention for eight months without a trial and conviction, the court decided to release 21 out of 29 journalists, however, they were re-detained before the court’s release decision was implemented.

Against the law scandal came after the campaign and threats of AKP trolls targeting jurists, harsh reaction has come from CHP, main opposition party.

Here is the statements of CHP deputy Barış Yarkadaş, he made in his twitter account:

1-Today, in trial of press structure of FETO, İstanbul 25th Assize Court decided to release 21 out of 29 journalists on the request of public prosecutor.

2-While the journalist who have been arrested for eight months were going out of the prison at night, the judges who made the release decision were subjected to a strong pressure.

3-Upon the campaign started on the twitter by AKP trolls, it was alleged that the Minister of Justice and HCJP were begun to act. Accordingly, the prosecutor requesting the release of 21 journalists in the morning changed his decision in the evening.
4-This time, the same prosecutor requested to be issued newly re-detention warrants about 8 journalists. What happened to this prosecutor so that he changed his decision?

5-Now, we have been experiencing just a law scandal. If these journalist have been prosecuted against any other charges, that prosecutor should have submitted this fact to the court during the trial.

6- It is obvious that the judges who made a release decision were seriously pressurred and they were compelled to change their decision. I don’t know any legal concept or logic to explain this tragicomic situation.

7-Following the happenings at this night, Turkish judiciary which has been already deprieved of the confidence, has completely lost its persuasiveness.

8- The fact that the judges who decided to release the journalist who have been in pre-trial detention for eight months were submitted themselves to the obvious pressure indicates that there has been no mechanism to protect the rights of the citizens in Turkey.
9- Those who changed their decision because of the reason that they do not like the release decision, will definetely try to apply the same tactics for the REFERENDUM RESULTS.

10-Our public should assess the happenings in a scrutiny and think over the issues carefully then make his decision in line with this.

11-The ruling government even not trusting the judiciary completely under its control, has surely had a paranoia and creates a chaos within all situations.
12-This country can not be governed with this state of mind. The government should become more calm any more and put an end to interfere the judiciary. On the other side, the pro-gov’t media targeting the jurists is obviously committing an offense under the article 277 of the Turkish Criminal Code no. 5237 and prevent the fair trial.

13- The prosecutors should immediately do what is necessary for those making pressure to the members of the judiciary.

14- If the justice is absent, everything becomes meaningless. All of us desire to trust Turkish judiciary. We can not bear on this law scandal!

Related link: https://mobile.twitter.com/barisyarkadas?lang=tr