Gülenist prosecutors suspended for three months, HSYK rules
by Daily Sabah
ISTANBULDec 31, 2014 - 12:00 am GMT+3
by Daily Sabah
Dec 31, 2014 12:00 am
The suspension period for the four prosecutors linked to the Gülen Movement has been determined as three months by The Supreme Board of Judges and Prosecutors (HSYK), and could be extended by a further two months for each prosecutor.
The country's top judicial watchdog HSYK decided on December 28 to suspend four prosecutors affiliated with Gülen Movement for unbecoming conduct, and various other crimes. However, it was not immediately clear as to for how the prosecutors in question would be suspended from duty. In accordance with article number 81 of the law of HSYK, the body suspended the prosecutors from duty for three months.
The body decided that unless there is a decision for dismissal from the profession and the investigation is completed, the period of suspension which is now three months will be extended for two more months.
The 2nd Chamber of the HSYK said that the prosecutors were suspended due to the fact that their actions may "damage the influence and reputation" of the judiciary. It was reported that the prosecutors were suspended until the inquiry they are facing is finalized, based on a request by the 2nd Chamber of the HSYK, which claimed that the prosecutors have failed to conduct investigations in an impartial manner in accordance with the Turkish Code of Criminal Procedures.
According to another decision taken by HSYK regarding the prosecutors, if there is a lawsuit or criminal complaint filed against them, the decision to stretch the current period by two additional months will also be extended further by an interval of two months.
The practice which is applied to the prosecutors is also employed when an investigation into suspects under arrest is not completed.
Mehmet Yılmaz, the president of the 2nd Chamber of the HSYK said they investigated the matter and concluded that the suspension of prosecutors was necessary as a precautionary measure. The prosecutors will face dismissal if they are convicted. It is alleged that prosecutors affiliated with the Gülen Movement manipulated the Ergenekon coup attempt case, of which Zekeriya Öz was one of the leading prosecutors.
Others who received suspension on Tuesday include Prosecutors Celal Kara, Muammer Akkaş and Mehmet Yüzgeç.
The HSYK report said that Zekeriya Öz threatened police officers on Dec. 18, a day after he imitated the operation that is perceived as a major part of the Gülen Movement's alleged attempt to overthrow the elected government. It was also claimed that Öz also tried influencing some of the staff of the Fatih Municipality. The report added that he was involved in a scandal for taking an extravagant vacation to Dubai that was financially supported by businessman Ali Ağaoğlu. He is accused of receiving $20,259 for a luxurious vacation. Öz also faced a lawsuit for insulting and threatening then Prime Minister Recep Tayyip Erdoğan, on social media, but he did not appear at the hearing.
As for Kara, the report said that he failed to provide the right of defense to those who were detained as part of the Dec. 17 operation. It also mentions that the 3,419-page summary proceeding was not examined.
The HSYK investigators' report stresses that Akkaş carried out numerous irregularities that led to the detention of many people. Suspects were detained while no evidence was found in 22 files in which Akkaş gave detention requests without examining bags of sealed documents. Akkaş is accused of preparing a quickly written indictment before conducting an examination based on evidence. Other than wiretapped recordings, the authenticity of which has not been confirmed, Akkaş was not able to provide solid evidence. The report also says no documents or files were found on the transactions and tenders that were related to an alleged corruption.
Yüzgeç, who brought three different investigations together to run a single operation, is accused of conducting various irregularities in the Dec. 17 coup attempt. The report also says without any solid evidence, Yüzgeç detained and froze assets of suspects. It also said he conducted searches and detentions without informing Istanbul Chief Prosecutor Turan Çolakkadı.
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