They took off their robes!..

It was not long ago, just 10-15 years, that we experienced the severe destruction caused by the “FETÖ” judiciary, and a heavy price was paid.

The point reached after this painful experience has been even more severe; injustice has become our main agenda. Cries of “unfairness” have covered the land, and the system has fallen into even greater disarray.

Why all this evil and wrongdoing, right before our eyes?

They keep talking about “Menzil” (the destination); one of the things someone said 31 years ago regarding that “destination” was this:

“We are coming, making it digestible... Now, the nation is aspiring to change not just the actors, but the script. These efforts are efforts to change this script... We are coming for that. We cannot be the protectors of this order, it is impossible. Those who prepare this law will be the pawns for the dismantling of this order.”

We are practically living through exactly this.

IS THIS A SECOND SOMA CASE?

You may have heard; last week, an earthquake occurred in the 3rd Criminal Chamber, one of the most important chambers of the Court of Cassation. While 4 members of the chamber were sent to other chambers, 8 new members were appointed in their place.

The reason?

According to the government-aligned newspaper Sabah, they had signed off on a “scandalous” decision; they had overturned the conviction given to the holding company belonging to former ANAP deputy Halit Dumankaya, who was being tried for “FETÖ” membership and accused of providing financial support to the organization.

The grounds for the reversal were notable reasons such as “incomplete investigation because 3 witnesses were not heard in court” and “secret witness testimonies cannot be evidence on their own.”

The continuation of the story was brought to light first by Alican Uludağ from Now TV, and then by Barış Terkoğlu from Cumhuriyet.

Alican Uludağ recalled that the new President, Mustafa Kurtaran, who was elected to replace Muhsin Şentürk—the President of the 3rd Criminal Chamber who was appointed as Chief Public Prosecutor last October as a result of bargaining over the elections for the Presidency of the Court of Cassation and the Office of the Chief Public Prosecutor—wanted to develop a policy for the chamber to operate “within the boundaries of the law,” stating, "From now on, no operational decisions will come out of this chamber." While noting that he reflected this in his decisions, he reported that in addition to the Office of the Chief Public Prosecutor of the Court of Cassation, which was uncomfortable with the decisions made, the Savings Deposit Insurance Fund (TMSF) was also influential in changing the arithmetic of the chamber, and that a summit was held at the Palace after the Dumankaya decision.

Barış Terkoğlu, on the other hand, conveyed the details of the TMSF-Dumankaya Holding connection, pointing out that the TMSF, which has been managing the holding's 17 companies as a trustee for years, was waiting for the Court of Cassation to uphold the seizure decision in order to sell them, and had even made some agreements for the sale, but that the Court of Cassation's decision caused everything to start over from the beginning.

We also lent an ear to the corridors of the Court of Cassation and heard the following:

If the names said to have attended the meeting held at the Palace after the Dumankaya decision are correct, the matter has practically become an issue of “state and national security.” But there was someone who was not invited; that was the President of the 3rd Criminal Chamber, Mustafa Kurtaran!..

According to the allegation, the decision to change the members of the 3rd Criminal Chamber was taken at this meeting. While the change was being discussed at the 1st Presidential Board of the Court of Cassation, some members asked, “Why are we changing them?” The President of the Court of Cassation, Ömer Kerkez, replied, “It has to be that way. Don't you trust me?”

Now, there is talk in the Court of Cassation about how the Dumankaya decision will be changed, that is, retracted.

Since the process of discussing the file in the General Assembly of Criminal Chambers would be long, it is suggested that the “Soma formula” will most likely be applied.

What happened in the Soma case, where 301 miners lost their lives?

Let us turn to Barış Terkoğlu, who was the first to report this as well. The file, which was upheld by the appellate court, went to the 12th Criminal Chamber of the Court of Cassation. The chamber issued a ruling for four defendants, including the owner of the mine, to be sentenced for the crime of “killing 301 times and injuring 162 times with probable intent.”

Just as people were about to say, “There are judges in Ankara. The massacre has found the punishment it deserves”; first, three members of the chamber were removed from their posts and replaced by new names known for their closeness to the government. Then, the prosecutor of the Court of Cassation objected to the previous decision. The 12th Criminal Chamber, with its changed panel, re-evaluated the decision it had previously made. As a result, the decision changed; the Soma incident was called an “accident,” and the defendants were released.

You know what happened to Can Atalay and Selçuk Kozağaçlı, who volunteered as lawyers for the deceased miners. Atalay was arrested for Gezi. Despite being elected as a deputy and the Constitutional Court's decision, he was not released. Kozağaçlı, who went to prison for terrorism, was released recently because he completed his sentence, but was re-arrested within 24 hours upon the prosecutor's objection.

AN IMPORTANT NAME OF THE CHAMBER REQUESTED RETIREMENT

Let us return to the corridors of the Court of Cassation.

While there was an explosion of candidates for the Council of Judges and Prosecutors (HSK) elections to be held in May, with exactly 48 members from the Court of Cassation running, a very important name of the 3rd Criminal Chamber, Yusuf Hakkı Doğan, requested his retirement.

Let us briefly recall who Yusuf Hakkı Doğan is.

During his time as a prosecutor in provinces such as Hakkari, Antalya, and Istanbul, he conducted very important investigations, primarily the “Yüksekova Gang, Storm, Octopus, Hurricane, Savarona, and Wiretap” cases.

Finally, after being part of the team investigating whether there was negligence by public officials in the Hrant Dink murder, he was elected as a member of the Court of Cassation in 2014. With the transformation of the 16th Criminal Chamber, which he co-founded, into the 3rd Criminal Chamber in 2021, he continued his duty there.

This person, a jurist of 37 years, chose to take off his robe after the Dumankaya operation.

Rumors vary. Some claim he decided to leave in protest of the operation. Others say he had decided to retire months ago.

But the point they agree on is this; the operation carried out on the 3rd Criminal Chamber caused him to bring forward this decision, which he planned to implement in July.

Yusuf Hakkı Doğan, who we learned will continue his legal struggle from now on with his lawyer's robe, said in his assessment to his colleagues after making his retirement decision, “Legal security is necessary for everyone.”

Let us also note this:

It is stated that there is a large silent majority, not just Yusuf Hakkı Doğan, who still sees the Court of Cassation as the “last bastion” and is uncomfortable with the developments.

Müyesser YILDIZ

April 21, 2025