Tension mounted in Turkey’s judiciary Wednesday with the formal arrest of Erzincan’s chief prosecutor, setting off a struggle over authority after he was initially detained Tuesday by his counterpart in the neighboring province of Erzurum.
Controversy flared late in the day after İlhan Cihaner was formally arrested on charges of links to an alleged anti-government gang and when the special investigation authority of the Erzurum prosecutor was revoked. As questions flew in the prosecutor-vs.-prosecutor case, the authority of Erzurum prosecutor Osman Şanal was revoked, but apparently not soon enough to set Cihaner free.
As speculation grew in Ankara that pro- and anti-government factions in the judiciary had reached a new level of polarization, Cihaner stood accused of membership in the alleged “Ergenekon gang,” a group suspected of plotting to overthrow the government in an ongoing case that has seen scores arrested in the past 18 months.
Cihaner is seen as squarely in the “secularist camp” in Turkey’s political polarity, having launched an investigation into the Ismailağa religious sect in Erzincan in 2007.
However, Erzurum prosecutor Osman Şanal, who is – or was – specially authorized to handle counter terrorism and Ergenekon-related cases, took over the case. Şanal justified his claim with an anonymous letter that said Ismailağa was an armed organization and replaced Cihaner who was discharged from the investigation.
In 2009, Cihaner similarly attempted to launch an investigation into Fethullah Gülen, leader of the religious Gülen movement, but Şanal demanded the files, claiming that the probe fell under his own authority.
Then in June, because of his probe into the İsmailağa sect, Cihaner was accused of implementing an alleged anti-government plan drafted by Col. Dursun Çiçek, himself an Ergenekon suspect, to finish off the Gülen movement and the ruling Justice and Development Party, or AKP, in Erzincan.
He also faced trial on charges of “falsifying documents,” “failing to inform the ministry of the Ismailağa religious sect probe,” and “causing environmental pollution by constructing a pergola in the garden of his official house allocated for judicial members.” The Justice Ministry launched the probe against Cihaner in line with Şanal’s indictment and at the end of June the investigation against Cihaner was merged with the Ergenekon case.
Search in Erzincan
As part of the Ergenekon probe, Şanal on Tuesday went to Erzincan with three other prosecutors with a search warrant from an Erzurum High Criminal Court and searched Cihaner’s house and office. Anti-terror teams also joined the six-hour search in which Cihaner's documents, notes, CDs and computer were seized.
Cihaner was detained Tuesday on charges of "being a member of the Ergenekon organization,” and he was formally arrested early Wednesday by an Erzurum court. Cihaner’s lawyer Hamit Sekman said they would object to the decision Thursday.
The move likewise created a legal controversy over whether a prosecutor has the right to detain another prosecutor or conduct a search of another prosecutor’s house and office.
Reactions from YARSAV
The first reaction came from Turkey's Judges and Prosecutors Association, or YARSAV, on Tuesday after Cihaner was detained, describing the move as a "serious violation of the law."
"This is a violation of the law caused by unauthorized people regarding a public prosecutor who should be tried by the Supreme Court of Appeals," said YARSAV Chairman Emine Ülker Tarhan said in a press conference late Tuesday.
The Supreme Board of Judges and Prosecutors, or HSYK, meanwhile, called an urgent meeting to discuss the developments, and after a four-hour meeting, the HSYK announced the investigation authority of the four specially authorized prosecutors, including Şanal, was revoked. The four prosecutors who were involved in the search process will not be able to take part in the Ergenekon investigation being carried out in Erzurum, according to the decision of the seven-member HSYK.
The decision was made by the five judicial members from the Supreme Court of Appeals and Council of State. HSYK’s other member, Justice Minister Sadullah Ergin, didn’t attend the meeting, while his undersecretary, who is also a HSYK member, left the meeting early.
Afterward, 30 members of the Supreme Court of Appeals on Tuesday called on the chairmanship to gather for a special agenda. Supreme Court of Appeals President Hasan Gerçeker on Wednesday said they found the HSYK’s decision in line with the law and that the decision should be implemented.
Investigating the investigators
The chief public prosecutor's office of the Supreme Court of Appeals on Wednesday announced it was launching its own investigation into judicial processes that took place in Erzurum and Erzincan. The office said it would examine the issue to find out if there is a link between the judicial processes carried out in Erzurum and Erzincan and the political powers.
The decision also divided legal experts, with some claiming a high-profile prosecutor like Cihaner cannot be prosecuted by a specially authorized prosecutor, instead he should be investigated by the Supreme Court of Appeals in line with the law. Some, on the other hand, claim that prosecutor Şanal fulfilled a court decision, meaning that the move was legal.
The HSYK’s decision drew stern criticism from the ruling Justice and Development Party, or AKP. Bekir Bozdağ, AKP deputy parliamentary group leader, described the HSYK’s move as an intervention into the independence of the judiciary, speaking to reporters at Parliament on Wednesday. “It’s an obvious evidence of the politicization of the HSYK. That cannot happen in a country that embraces the superiority of the law,” he said.
The main opposition party accused the government of damaging the harmony between the state institutions and supported the HSYK’s move. The Republican People’s Party, or CHP, announced that it would send a team to Erzurum and Erzincan on Thursay to meet with Cihaner and his family. The team will be lead by CHP deputy Ahmet Ersin, who was in the region in December.
