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Interpol Again Denies International Arrest Warrant For Graft Prosecutors

04.09.2015 09:51

The application for an international search-and-arrest warrant for former prosecutors, who allegedly left Turkey before a domestic warrant could be issued, was recently rejected by Interpol for the second time due to a lack of evidence, several Turkish media outlets reported on Thursday.

The application for an international search-and-arrest warrant for former prosecutors, who allegedly left Turkey before a domestic warrant could be issued, was recently rejected by Interpol for the second time due to a lack of evidence, several Turkish media outlets reported on Thursday.

The Bakırköy Chief Public Prosecutor's Office sent a petition to the Ministry of Justice last month, requesting that it ask Interpol to issue the international warrant, also known as a red notice, for two former prosecutors who had been involved in graft investigations, and who had allegedly fled the country before warrants could be issued for their detention.

The ministry applied to Interpol, which reportedly rejected the ministry's first request last month on the grounds that it had been provided with no evidence of the prosecutors having been involved in crimes, which were alleged to have been "establishing a criminal organization" and "attempting to topple the government."

Interpol also notified the Turkish government that it does not recognize the so-called “Fethullah Gülen Terrorist Organization (FETÖ)” to which prosecutors were also allegedly members.

FETÖ is a derogatory term President Recep Tayyip Erdoğan and his political associates developed in order to disparage Islamic scholar Fethullah Gülen, who has criticized the government, accusing it of being corrupt, of practicing favoritism, and of abusing religion for political and personal gain. Erdoğan has targeted Gülen relentlessly since the investigations into graft implicated members of his family and senior government officials in 2013.

Jurists and opposition parties have condemned Erdoğan's description of Gülen, describing a government-led crackdown on Gülen-inspired institutions and the persecution of individuals as a witch hunt designed to punish government critics.

Metin Feyzioğlu, a professor of criminal law and chair of the Turkish Bar Association (TBB), said on Wednesday that no evidence suggests the existence of an organization resembling FETÖ. "In order to argue that an armed organization exists, strong evidence must be presented,” he said.

After the first application was denied, the ministry again applied to Interpol, this time claiming the prosecutors had been involved in an "intrusion into privacy,” the "fraud of official documents" and "threats and blackmailing.” This application was denied on the same grounds as the first.

The former prosecutors, Zekeriya Öz and Celal Kara, reportedly travelled to Armenia via Georgia. Detention warrants were issued in August for Öz, Kara and Mehmet Yüzgeç, all of whom took part in the corruption investigations that implicated members of Erdoğan's family and his inner circle, including four former ministers. The investigations were made public on Dec. 17 and 25, 2013.

Business associates close to the Justice and Development Party (AK Party), the four then-ministers and three of their sons were detained on Dec. 17 on charges of corruption. Last October, prosecutor Ekrem Aydıner dropped the case against the suspects, claiming there were no grounds for legal action against them.

The Bakırköy Chief Public Prosecutor's Office requested that the Bakırköy 2nd High Criminal Court order the arrest of the three prosecutors on charges of "forming an illegal organization," "attempting to topple or incapacitate the government through the use of force or coercion" and "preventing the government from performing its duties partially or completely.”

On May 12, the second chamber of the Supreme Board of Judges and Prosecutors (HSYK) voted to disbar Öz, Kara, Yüzgeç, prosecutor Muammer Akkaş, as well as a judge, Süleyman Karaçöl. The board's members were quick to deny that any political influence had affected their decision.

Since the graft investigations were made public, Erdoğan has sought to discredit prosecutors and police officers involved, accusing them of attempting to oust the AK Party from power. Tens of thousands of prosecutors and officers have been reassigned.

The government has also accused a so-called “parallel state” or “parallel structure” of masterminding the investigations in an attempt to topple the government. The terms are used in government and pro-government circles to refer to the faith-based Gülen movement, which strongly denies the accusations.

HSYK denies request to re-examine disbarment of prosecutors



The second chamber of the Supreme Board of Judges and Prosecutors (HSYK) has turned down a request by former prosecutors Zekeriya Öz, Celal Kara, Muammer Akkaş, Mehmet Yüzgeç and former judge Süleyman Karaçöl to re-examine its decision to disbar them.

On May 12, the second chamber of the HSYK voted to disbar the legal professionals, all of whom took part in a major graft probe that went public in December 2013.

The HSYK based Tuesday's decision on the 69th article of the Law on Judges and Prosecutors, which mandates that even in the case of an action that necessitates disciplinary punishment but does not constitute a crime, a punishment of disbarment can be given if the action is seen as damaging to the legal profession's dignity and prestige.

Meanwhile, the Ankara Chief Public Prosecutor's Office has launched an investigation into a missing document allegedly sent to Öz, notifying him of his disbarment.



 
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