11.02.2025 11:42
The President of the Association for Social Justice and Solidarity, Muhammet Gömük, submitted a petition to the Judges and Prosecutors Council requesting an investigation and prosecution against the judges who issued compensation decisions in favor of FETÖ fugitive Hakan Şükür, as well as their temporary suspension during the investigation phase and a request for their dismissal.
```html
The President of the Association for Social Justice and Solidarity (TAYDER), Muhammet Gömük, submitted a petition to the Judges and Prosecutors Council (HSK) for an investigation and prosecution against a judge identified and judges of the Civil Court of First Instance to be identified, based on the "Law on the Prevention of Financing of Terrorism," for allegedly winning a compensation case for FETÖ fugitive Hakan Şükür. He requested their suspension during the investigation phase and a decision for their dismissal.
The President of the Association for Social Justice and Solidarity (TAYDER), Muhammet Gömük, claimed that there is a judge in the HSK who facilitated a compensation case for FETÖ fugitive Hakan Şükür. Gömük, who has published 12 books so far in the fight against FETÖ, stated in a petition submitted to the HSK through his lawyer Burak Bekiroğlu that a judge identified and judges of the Civil Court of First Instance to be identified have committed crimes under Article 220/7 and Article 257 of the Turkish Penal Code (TCK) by violating Article 2 of Law No. 6415 and the repealed Article 8/2 of Law No. 3713. For this reason, he requested an investigation and prosecution against them, their suspension during the investigation phase, and a decision for their dismissal.
DETAILS FROM THE PETITION REGARDING THE CRIME The petition included the following statements: "By querying the HSK systems to identify the courts where fugitive Hakan Şükür's cases are being heard, and by establishing a ruling in his favor, the judges have violated Article 2 of the Law on the Prevention of Financing of Terrorism No. 6415 and the repealed Article 8/2 of Law No. 3713, thereby allowing the fugitive individual to obtain unlawful income through the judiciary and legitimizing the crime by committing these violations through their judicial duties. It is requested that the names of the judges who violated the relevant provisions be identified, and that an investigation and prosecution be initiated against the identified judges under Law No. 6415, Law No. 3713, and Articles 220/7 and 257 of the Turkish Penal Code (TCK), their suspension during the investigation phase, and a decision for their dismissal be made."
Providing any material assistance to the FETÖ Armed Terrorist Organization, its members, or those who are fugitives from prosecution for crimes committed against the state and the nation of the Republic of Turkey, which attempted to abolish the Grand National Assembly of Turkey and obstruct the government from performing its duties partially or completely, is a violation of the Law on the Prevention of Financing of Terrorism No. 6415, the Law on the Fight Against Terrorism No. 3713, and the Turkish Penal Code No. 5237. The professional status, position, or rank of those who commit this violation is of no importance, and those who legitimize this crime through their duties must be prosecuted under aggravated provisions. In this context, the judges named above and other identified individuals, by abusing their judicial duties, should have rejected the compensation cases filed by FETÖ fugitive Hakan Şükür against our citizens on the grounds that it would lead to violations of the provisions of the laws on the prevention of financing of terrorism and other laws, but instead accepted the request, thereby enabling the fugitive individual to obtain material benefits, which constitutes a violation of the law.
“IGNORANCE OF CRIMINAL LAWS IS NOT A VALID EXCUSE” The petition stated that Article 4 of Law No. 5237 is clear: "Ignorance of the law is not an excuse." While citizens are treated according to this article, local courts, Regional Courts of Appeal, or the Criminal Chamber of the Supreme Court discuss issues as if citizens should know them. It is unacceptable for professionals performing judicial duties to claim ignorance of the law or to overlook obvious matters, thereby facilitating the commission of crimes through decisions that openly violate other legal provisions.
In this context, the decision-makers of the identified courts are essentially providing financial resources to the fugitive FETÖ suspect through their decisions. A faulty evaluation on this sensitive and fine line will lead to critical and serious consequences. On the other hand, the complaints and lawsuits filed from abroad by FETÖ fugitives using powers of attorney that have not been approved by the consulate are essentially one-sided against our citizens. When our citizens file complaints or lawsuits against these individuals, the proceedings are stalled due to their fugitive status, leading to a one-sided situation in the scales of justice and disrupting the balance. The use of the Turkish judiciary as a weapon against our citizens by these fugitives must not be allowed. The aforementioned judges and other identified individuals are causing a blow to our citizens from across the ocean while also committing the violations mentioned above.
“VIOLATION OF THE LAW ON THE PREVENTION OF FINANCING OF TERRORISM” At the end of the petition, the following statements were included: "By violating Article 2 of Law No. 6415 on the Prevention of Financing of Terrorism and the repealed Article 8/2 of Law No. 3713, the crimes specified in Articles 220/2 and 257 of the Turkish Penal Code No. 5237 have been clearly committed, thereby enabling the fugitive individual to generate income through the judiciary. An arrest warrant has been issued by the Sakarya Chief Public Prosecutor's Office against him, and his name and photo have been publicly published on the list of wanted persons by the Ministry of Interior. The judges who have caused the fugitive Hakan Şükür to unlawfully generate income through legal means, violating the relevant provisions of laws concerning national security, must be investigated and necessary actions must be taken immediately. By querying the HSK systems to identify the courts where fugitive Hakan Şükür's cases are being heard, and by establishing a ruling in his favor, the judges have violated Article 2 of the Law on the Prevention of Financing of Terrorism No. 6415."
```
I request and demand the identification of the names of the judges who violated Article 8/2 of the repealed Law No. 3713 on the Fight Against Terrorism, allowing a FETÖ fugitive to unlawfully gain income through the judiciary, and committing these violations through judicial duties, thereby violating the relevant provisions. I also request the initiation of an investigation and prosecution against the judges in question and any other judges to be identified, in accordance with Articles 220/7 and 257 of Law No. 5237, Law No. 6415, and Law No. 3713. I ask for their precautionary suspension during the investigation phase and for a decision to be made regarding their dismissal.