What is this issue of 450 “FETÖ”-linked judges and prosecutors?

Just before the elections, we have another "threat" that has appeared out of nowhere. It has been decided that 450 judges and prosecutors, who were dismissed on the grounds of being connected or affiliated with "FETÖ," have returned to their profession; furthermore, it has been decided that they should be paid compensation.

In the words of MHP Leader Devlet Bahçeli, a partner in the People's Alliance, this "betrayal" was carried out by the 5th Chamber of the Council of State.

Simultaneous with that Council of State decision, there is the capture of 4 "FETÖ" members while entering our country, and more importantly, Fetullah Gülen, under the protection of our "strategic ally" the USA, giving mysterious messages of regrouping through the Surah Yusuf, which makes it impossible not to be afraid!..

Thank God, after Bahçeli stated that "The state means law," he challenged this threat in the following way, which gave us some relief:

"Those days are gone. If they have a future, they also have something to see. If anyone makes the mistake of coming after us, my advice is to have a shroud tailored to their size, because the only place they will lie is in a grave, and they will give their account to Almighty Allah... A Muslim cannot be bitten from the same hole twice. If anyone wants to try their luck, bring it on; the squares of this homeland are ready to be adorned with the spirit of struggle to the end."

WE ARE IN A PLACE WHERE THE MEDIA IS THE PROSECUTOR AND ERDOĞAN IS THE JUDGE

If you look at what is written and said, it is as if these 450 judges and prosecutors were dropped from the sky in one day and seated on the bench, precisely while Fetullah Gülen was giving his "resurrection" message. Is that the case or not? Let us explain it step by step.

The incident hit the agenda like a bombshell with a report by the government's newspaper, Sabah, on February 12. The report, titled "The FETÖ threat in the judiciary is growing," emphasized that the Council of Judges and Prosecutors had objected to the return of those 450 people to the profession, but that the Council of Administrative Case Chambers of the Council of State had not even put it on its agenda yet.

Following this report by the government's newspaper, Erdoğan, the head of the government, was the first to react. Returning from his visits to the United Arab Emirates and Egypt last week, after explaining that they would "continue the fight against FETÖ," he attacked the Council of State as follows:

"It is impossible for us to remain silent about this decision taken by the Council of State. Just as we do not remain unresponsive as the People's Alliance to some strange decisions taken by the Constitutional Court, we cannot remain silent about this either. Furthermore, I cannot stomach these decisions taken by the Constitutional Court. The Council of State does it from time to time, it disturbs us with such decisions; but the Constitutional Court taking such decisions frequently disturbs us significantly. For example, the Constitutional Court also took a decision regarding the BTK. I mean, where do you even begin with this? How can such a decision be taken? We are going after this matter, and we will continue to do so. We will follow this matter in the Council of State in the same way."

It is, of course, Erdoğan's right, like everyone else's, to "not stomach" the decisions of the Constitutional Court and the Council of State and to be "disturbed" by them. However, the requirement of a state of law is that these decisions must be complied with and implemented. As can be seen, Erdoğan's attitude is to "go after" those decisions and "follow them up"!..

Would his partner Bahçeli stay silent when Erdoğan says these things? He also ranted and raved against the Council of State at his group meeting on Tuesday. He had previously called for the closure of the Constitutional Court, declared its President "Mr. Zühtü" a "terrorist," and told him to "go to Qandil"; he also lashed out at the Council of State as follows:

"Who is the 5th Chamber of the Council of State serving? Were the members of the 5th Chamber eating maklube or listening to the sermons of the hashshashin when this decision was taken? Is it not a betrayal of the homeland, the nation, and justice to exonerate FETÖ members? Is it not a crime to reinstate FETÖ members to duty?"

IS A COURT DECISION OR A COMMAND VALID?

However, there was nothing new in that Sabah report that would cause such an uproar. As can be understood from the content of the report, the 5th Chamber of the Council of State had taken this decision previously, and the HSK had objected. The only new information was that Sabah had "learned" that the Council of Administrative Case Chambers of the Council of State had not put it on its agenda.

If we break this down;

As is known, over 5 thousand judges and prosecutors were dismissed from the judiciary after July 15. They were tried, and the vast majority of them were convicted for "FETÖ."

Those who were acquitted or had their cases dropped as a result of the investigations and trials also filed lawsuits with the Council of State to return to their profession and won.

These are the ones referred to as "450 FETÖ-linked judges and prosecutors." And no, the decisions for all of them were not made in one day. These are decisions spread over years.

First; where and how was the Council of State supposed to find the "connection and affiliation" that the courts could not find?

Second; the Council of Judges and Prosecutors also implemented these decisions and started them on duty, and then objected to the Council of State.

When?

Let us refer again to a report by Sabah dated October 21, 2022. At that time, while reporting that 178 judges and prosecutors were decided to be reinstated with the headline "Scandalous FETÖ decision from the Council of State," it said, "It is a matter of curiosity whether the HSK will appeal the cancellation decisions given by the Council of State." The HSK immediately took action and appealed.

If we clarify the figures based on the statement made by the Council of State Presidency after Erdoğan's reaction;

Since 2017, 5 thousand 112 lawsuits have been filed in the 5th Chamber of the Council of State regarding dismissed judges and prosecutors. 3 thousand 799 of these were rejected, and the cancellation of dismissal was decided in only 435 of them.

In short; the courts and the Council of State could not determine that these were "FETÖ" members, but the media and administrators are passing judgment that they are "FETÖ" members.

Then why were these trials held, and why are they being held?

Well, let's say their "opinion" and "command" are such!..

Then there are things they can do before beating up the Council of State.

For example, the HSK could suspend the judges and prosecutors who have started their duties with a decision...

Erdoğan could also file a criminal complaint against the 5th Chamber of the Council of State on the grounds of "misconduct in office" and have those who made this decision tried in the Supreme Council (Yüce Divan)...

Of course, it wouldn't stop there; before the matter reaches the Council of State, one would also need to grab the collars of the judicial members who gave the acquittal or non-prosecution decisions regarding those 450 judges and prosecutors, right?!

Go ahead, calculate where this will lead!..

Moreover, not only in the judiciary, but many people in the same situation have also returned to duty in the Turkish Armed Forces, the Ministry of Interior, and the Police. Let us suffice by recalling these words of Minister of Interior Ali Yerlikaya, who, unlike his predecessor Süleyman Soylu, implements court decisions:

"We are a state of law. Is there a mandatory provision of the Constitution regarding the implementation of court decisions? What is done here is to implement the court decision... The Republic of Turkey is a state of law. First, implement the decisions, then don't implement them, and then carry out a perception operation regarding these judicial decisions. We have no time to spare for these."

A FIGHT FOR SEATS?

Even if these 450 judges and prosecutors are "FETÖ" members as claimed; as we mentioned above, why is such an apocalypse being raised when there are measures that administrators can take, and why is the Council of State, after the Constitutional Court, being targeted and made a subject of debate in front of the public?

It is being discussed in judicial circles that the main reason for this is the candidacy of 5th Chamber President Fethi Aslan against the current President Zeki Yiğit in the upcoming Council of State Presidency election.

Indeed, one of the pro-government writers wrote that his intelligence source asked the question, "What would you say if I told you that there is a possibility of a FETÖ-affiliated president being elected in a high judicial institution?"

Stating that he would not give the name of the high judicial institution and the candidate in question, but that everyone involved knows who is who and is silent, the writer in question, who said, "I suppose they are waiting for President Erdoğan to call them one by one and give instructions," also explained how this terrible possibility could come true as follows:

"They are being elected because the organization's crypto elements already maintain their presence in high judicial institutions. Plus, they also receive support from the congregations they have infiltrated by 'coloring' themselves."

Where are we going to put Erdoğan's words, "We broke the back of FETÖ, we drained the FETÖ swamp"? Look, they are maintaining their presence in high judicial institutions. Moreover, "they have colored themselves and infiltrated other congregations and are receiving their support."

Well, did those who govern the country not understand or notice anything while these things were happening?!

CHARACTERISTICS OF THE CURRENT PRESIDENT

Based on what is being discussed in the corridors; if the name alleged to be "FETÖ-affiliated" is 5th Chamber President Fethi Aslan, let us recall the following:

He has been in the Council of State since 1992. He was elected as a member of the Council of State in 2011, and then became the President of the 16th Chamber in 2014. He has been the President of the 5th Chamber for two terms.

It is said that when he was a candidate for the Council of State Presidency in the 2020 elections, Erdoğan called and met with Fethi Aslan, as well as the other candidates Zeki Yiğit and Enver Kaya.

As for the current President Zeki Yiğit, who is understood to be wanted to be re-elected;

After serving as a judge and prosecutor in various provinces, he moved to the Ministry of Justice. After the General Directorate of Personnel, he served as Deputy Undersecretary between 2008-2011. He was elected as a member of the Council of State by the then-President Abdullah Gül in 2011, and by Erdoğan after July 15.

Apart from organizing the mobile tent court established by the instruction of the Ministry of Justice during the Habur disgrace in 2009 for the arrival of PKK terrorists into the country, and the discovery of a listening device in his office at the Council of State in 2012, his name came to the agenda most during the cancellation of the 2019 Istanbul Metropolitan Municipality elections. At that time, he was a member of the Supreme Election Council from the Council of State quota and was one of the 7 names who decided to cancel the election.

Whether the reason for making the Council of State a subject of debate with the allegation of 450 "FETÖ" judges and prosecutors after the Constitutional Court was ignored over the Can Atalay decision is unknown; but the conclusion that emerges once again from the speech Erdoğan made at the judge and prosecutor draw ceremony on Tuesday is this: the biggest goal is a new Constitution and thereby making the entire judiciary completely compatible with the government!..

Who cares about law, justice, and the "fight against FETÖ" anyway?!