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Investigation of unsolved murders should touch judges, prosecutors
Gültekin Avcı (Photo: Today's Zaman, Ã-mer Oruç)
http://www.todayszaman.com/news-305210-investigation-of-unsolved-murders-should-touch-judges-prosecutors.html
27 January 2013 /FATMA DÄ°Å?LÄ° ZIBAK, Ä°STANBUL
As major unsolved murders and assassinations in the country's history
face the risk of being closed due to the statute of limitations,
jurists have said in addition to the perpetrators of those shadowy
incidents, the prosecutors and judges who are suspected of acting
negligently in their investigations or collaborating with gangs behind
the murders should also be investigated in order for justice to be
fully served.
Turkey's history is filled with unsolved murders, but the figures on
the exact number of such murders are contradictory. The period between
1986 and 1999 saw a growing toll of unsolved murders and the period
prior to 1980 is considered to be a different category because of
ideological clashes between leftist and far-right groups.
According to a report from the Human Rights Foundation of Turkey
(TÄ°HV) released last year, a total of 1,901 unsolved murders were
committed between 1990 and 2011in Turkey, but Kurdish researchers
argue that the number of unsolved murders in the country exceeds
20,000.
Gültekin Avcı, a retired public prosecutor, is one of those who think
investigations should be initiated into the judges and prosecutors who
manipulated or obstructed the investigations into the murders or acted
on the orders of criminal organizations.
`A prosecutor or a judge who did not truly fulfill his/her duties in
the investigation of unsolved murders means that they became a part of
the assassination plot. If a prosecutor avoids seeing certain evidence
or hearing certain witnesses in the course of an investigation, this
means that they act on the orders of illegal gangs,' Avcı told
Sunday's Zaman.
He said during the Feb. 28, 1997 military coup process, Turkey clearly
saw how some judges and prosecutors served illegal power circles by
ignoring professional ethics and moral principles.
During the days of the Feb. 28 coup when the Turkish military forced a
coalition government led by a conservative party to resign on the
grounds that there was rising religious fundamentalism in Turkey,
Turkey's Supreme Board of Judges and Prosecutors (HSYK) allegedly
acted in line with the demands of the pro-coup circles. Judges and
prosecutors at the time were allegedly under the influence of members
of the military who used to invite them to the military barracks and
brief them about rising `reactionaryism' in the country.
Former Justice Minister Oltan Sungurlu, who was also the justice
minister of the 55th government, formed after the Feb. 28, 1997
postmodern coup, said in earlier remarks to Today's Zaman that some
members of the judiciary had been removed from their posts by the HSYK
upon the request of the General Staff following his departure from the
ministry in August 1998.
Avcı explained that if they are convicted, members of the judiciary
could be punished in accordance with Article 257 of the Turkish Penal
Code (TCK) for failing to fulfill their duties, but if links with
illegal organizations or perpetrators of crimes are discovered, then
they will be punished in the same way as the perpetrators.
`If they are convicted, judges and prosecutors [of unsolved murders]
could receive punishments as heavy as disbarment from their
profession,' Avcı noted.
In order to start legal action against the judges and prosecutors who
are suspected of neglecting their duty or taking orders from illegal
organizations in order to cover up shadowy murders, the retired
prosecutor said families of the victims of the unsolved murders need
to take action and submit petitions to the HSYK against those judges
and prosecutors.
Ergin Cinmen, a prominent lawyer, said he filed compensation cases
against Turkey's justice and interior ministries at an administrative
court in Ankara due to the murder case of union leader Kemal Türkler
being dropped as a result of the statute of limitations expiring in
2010.
Confederation of Revolutionary Workers' Unions (DÄ°SK) President
Türkler was killed outside his home in Ä°stanbul on July 22, 1980. Ã`nal
OsmanaÄ?aoÄ?lu, the suspect, was captured in 1999 in KuÅ?adası. He was
acquitted in local courts three times, but each of those rulings was
later overturned by the Supreme Court of Appeals.
In December 2010, after several retrials, Türkler's murder case, one
of the most prominent political assassinations of the pre-1980 era in
Turkey, was dismissed due to the statute of limitations.
Cinmen said Türkler's killer was captured after such a long time and
his trial could not be concluded despite so many years that passed due
to the `negligence of the relevant state institutions' and `workload
of the judiciary.'
`Cases could be filed against ministries if not judges or
prosecutors,' Cinmen told Sunday's Zaman.
Legal action taken against some judges and prosecutors investigating
unsolved murders has proved fruitless over the past years. For
instance, a parliamentary commission, which was set up to investigate
the 1993 murder of journalist UÄ?ur Mumcu, determined that military
judge Ã`lkü CoÅ?kun, who was serving as a State Security Court (DGM)
prosecutor, had been negligent in the investigation. However, the
Defense Ministry disregarded criminal reports against him. CoÅ?kun was
even promoted to the Military Court of Appeals.
The parliamentary investigation commission even filed a criminal
report with the HSYK arguing that DGM prosecutors Nusret Demiral and
CoÅ?kun had obstructed the work of the commission and blocked the flow
of information from the police department. The criminal report was
disregarded. The Justice Ministry started an investigation based upon
a complaint from the Mumcu family and ruled for disciplinary action
against the prosecutors. The Defense Ministry never complied with the
ruling, however, with respect to military prosecutor CoÅ?kun.
In addition to many other major criminal cases, the murder case of
Mumcu also faces the risk of being dropped due to the statute of
limitations because 2013 marks the 20th anniversary of Mumcu's
killing. In Turkey, the statute of limitations is 20 years for crimes
that require a minimum of a 20-year prison sentence.
According to Hasip Kaplan, a deputy from the pro-Kurdish Peace and
Democracy Party (BDP), investigations should be filed against members
of the judiciary in addition politicians and bureaucracy members who
were serving at the time of unsolved murders for their role in the
incidents.
He said his party filed many criminal complaints against state
officials for the deaths of civilians due to torture in the Southeast
and for those who went missing but those who are responsible could not
be punished because there is no `political determination' to this
effect.
`The dossiers of unsolved murders committed in 1990s should be taken
off the shelves, and the government should show determination to cast
a light on them,' he added.
Gültekin Avcı (Photo: Today's Zaman, Ã-mer Oruç)
http://www.todayszaman.com/news-305210-investigation-of-unsolved-murders-should-touch-judges-prosecutors.html
27 January 2013 /FATMA DÄ°Å?LÄ° ZIBAK, Ä°STANBUL
As major unsolved murders and assassinations in the country's history
face the risk of being closed due to the statute of limitations,
jurists have said in addition to the perpetrators of those shadowy
incidents, the prosecutors and judges who are suspected of acting
negligently in their investigations or collaborating with gangs behind
the murders should also be investigated in order for justice to be
fully served.
Turkey's history is filled with unsolved murders, but the figures on
the exact number of such murders are contradictory. The period between
1986 and 1999 saw a growing toll of unsolved murders and the period
prior to 1980 is considered to be a different category because of
ideological clashes between leftist and far-right groups.
According to a report from the Human Rights Foundation of Turkey
(TÄ°HV) released last year, a total of 1,901 unsolved murders were
committed between 1990 and 2011in Turkey, but Kurdish researchers
argue that the number of unsolved murders in the country exceeds
20,000.
Gültekin Avcı, a retired public prosecutor, is one of those who think
investigations should be initiated into the judges and prosecutors who
manipulated or obstructed the investigations into the murders or acted
on the orders of criminal organizations.
`A prosecutor or a judge who did not truly fulfill his/her duties in
the investigation of unsolved murders means that they became a part of
the assassination plot. If a prosecutor avoids seeing certain evidence
or hearing certain witnesses in the course of an investigation, this
means that they act on the orders of illegal gangs,' Avcı told
Sunday's Zaman.
He said during the Feb. 28, 1997 military coup process, Turkey clearly
saw how some judges and prosecutors served illegal power circles by
ignoring professional ethics and moral principles.
During the days of the Feb. 28 coup when the Turkish military forced a
coalition government led by a conservative party to resign on the
grounds that there was rising religious fundamentalism in Turkey,
Turkey's Supreme Board of Judges and Prosecutors (HSYK) allegedly
acted in line with the demands of the pro-coup circles. Judges and
prosecutors at the time were allegedly under the influence of members
of the military who used to invite them to the military barracks and
brief them about rising `reactionaryism' in the country.
Former Justice Minister Oltan Sungurlu, who was also the justice
minister of the 55th government, formed after the Feb. 28, 1997
postmodern coup, said in earlier remarks to Today's Zaman that some
members of the judiciary had been removed from their posts by the HSYK
upon the request of the General Staff following his departure from the
ministry in August 1998.
Avcı explained that if they are convicted, members of the judiciary
could be punished in accordance with Article 257 of the Turkish Penal
Code (TCK) for failing to fulfill their duties, but if links with
illegal organizations or perpetrators of crimes are discovered, then
they will be punished in the same way as the perpetrators.
`If they are convicted, judges and prosecutors [of unsolved murders]
could receive punishments as heavy as disbarment from their
profession,' Avcı noted.
In order to start legal action against the judges and prosecutors who
are suspected of neglecting their duty or taking orders from illegal
organizations in order to cover up shadowy murders, the retired
prosecutor said families of the victims of the unsolved murders need
to take action and submit petitions to the HSYK against those judges
and prosecutors.
Ergin Cinmen, a prominent lawyer, said he filed compensation cases
against Turkey's justice and interior ministries at an administrative
court in Ankara due to the murder case of union leader Kemal Türkler
being dropped as a result of the statute of limitations expiring in
2010.
Confederation of Revolutionary Workers' Unions (DÄ°SK) President
Türkler was killed outside his home in Ä°stanbul on July 22, 1980. Ã`nal
OsmanaÄ?aoÄ?lu, the suspect, was captured in 1999 in KuÅ?adası. He was
acquitted in local courts three times, but each of those rulings was
later overturned by the Supreme Court of Appeals.
In December 2010, after several retrials, Türkler's murder case, one
of the most prominent political assassinations of the pre-1980 era in
Turkey, was dismissed due to the statute of limitations.
Cinmen said Türkler's killer was captured after such a long time and
his trial could not be concluded despite so many years that passed due
to the `negligence of the relevant state institutions' and `workload
of the judiciary.'
`Cases could be filed against ministries if not judges or
prosecutors,' Cinmen told Sunday's Zaman.
Legal action taken against some judges and prosecutors investigating
unsolved murders has proved fruitless over the past years. For
instance, a parliamentary commission, which was set up to investigate
the 1993 murder of journalist UÄ?ur Mumcu, determined that military
judge Ã`lkü CoÅ?kun, who was serving as a State Security Court (DGM)
prosecutor, had been negligent in the investigation. However, the
Defense Ministry disregarded criminal reports against him. CoÅ?kun was
even promoted to the Military Court of Appeals.
The parliamentary investigation commission even filed a criminal
report with the HSYK arguing that DGM prosecutors Nusret Demiral and
CoÅ?kun had obstructed the work of the commission and blocked the flow
of information from the police department. The criminal report was
disregarded. The Justice Ministry started an investigation based upon
a complaint from the Mumcu family and ruled for disciplinary action
against the prosecutors. The Defense Ministry never complied with the
ruling, however, with respect to military prosecutor CoÅ?kun.
In addition to many other major criminal cases, the murder case of
Mumcu also faces the risk of being dropped due to the statute of
limitations because 2013 marks the 20th anniversary of Mumcu's
killing. In Turkey, the statute of limitations is 20 years for crimes
that require a minimum of a 20-year prison sentence.
According to Hasip Kaplan, a deputy from the pro-Kurdish Peace and
Democracy Party (BDP), investigations should be filed against members
of the judiciary in addition politicians and bureaucracy members who
were serving at the time of unsolved murders for their role in the
incidents.
He said his party filed many criminal complaints against state
officials for the deaths of civilians due to torture in the Southeast
and for those who went missing but those who are responsible could not
be punished because there is no `political determination' to this
effect.
`The dossiers of unsolved murders committed in 1990s should be taken
off the shelves, and the government should show determination to cast
a light on them,' he added.