Very harsh words from AKP MP Tuğrul Türkeş to Justice Minister Tunç

In an interview with Can Bursalı from Gazete Duvar, AKP Ankara MP Tuğrul Türkeş stated that he wanted to visit Osman Kavala, saying, "I requested it from our Minister Yılmaz Tunç. I asked for permission to meet at an appropriate time. I will visit him at some point. I will see Osman Kavala for the first time during that visit. This is what true nationalism and patriotism are." 

Justice Minister Yılmaz Tunç had stated that they were in the evaluation stage regarding this visit.

Stating that Osman Kavala's application for a retrial was rejected by the Istanbul 13th High Criminal Court and that the objection to this was not accepted by the Istanbul 14th High Criminal Court, Minister Tunç reported that an application was subsequently made to the Ministry of Justice with a request for reversal for the benefit of the law.

Explaining that the retrial request presented the justification that the crime of "attempting to overthrow the government" occurred during the parliamentary system period and that the victim of the crime changed because the transition to the Presidential Government System took place, Tunç said that they did not find this justification appropriate.

TUĞRUL TÜRKEŞ BREAKS HIS SILENCE

AKP MP Tuğrul Türkeş broke his silence by criticizing the fact that no permission was granted by the Ministry of Justice for a week. 

AKP's Türkeş published a statement on his social media account under the heading "A necessary explanation." 

Emphasizing that Justice Minister Yılmaz Tunç swept the file under the rug, Türkeş said, "Our Minister of Justice, instead of managing this development, which has found resonance in public opinion, and the application in an impartial manner, has instead chosen to make statements and evaluations aimed at sweeping the file under the rug. In my opinion, this is not the right approach."

AKP MP Tuğrul Türkeş's statement is as follows: 

“In addition to the agenda formed across Turkey, it has become a necessity to visit the following detained defendants of the ongoing case known in the public eye as the 'Gezi Park Case', which has also found wide repercussions abroad;

-Osman Kavala, Mine Özerden, Çiğdem Mater, Can Atalay, and Tayfun Kahraman,

This visit has become a necessity in my capacity as the Head of the Turkish Delegation to the PACE. Once this necessity arose, our request was duly submitted to the Ministry of Justice on 19.07.2024. Despite 7 days (1 week) having passed, because the Ministry has not expressed any positive or negative opinion on this matter, the subject has remained under the expectation and follow-up of the public and the media. 

The final decision-making authority and discretion regarding my request for a meeting lies with our Minister of Justice. There has been no insistence on my part regarding this matter, nor can there be.

However, in response to questions about the visit permit directed by the media during this period, the statements of our Minister of Justice Yılmaz Tunç that appeared in the press are as follows;

The Minister;

“Explaining that in the retrial request, a justification was presented stating that the crime of 'attempting to overthrow the government' occurred during the parliamentary system period and that the victim of the crime changed due to the transition to the Presidential Government System, Tunç said that they did not find this justification appropriate.

Yılmaz Tunç stated, "There is a situation that has been finalized after passing through the appellate and Supreme Court review regarding the Gezi case. It is not possible to go for a reversal in the interest of law regarding decisions that have passed through the appeal review. It was evaluated as an application that is not appropriate in terms of both procedure and substance."

While applications are made to the Ministry for the visitation of dozens of detainees every day and these are concluded within the day, our Minister of Justice's statements regarding the content of the case in response to our aforementioned request were neither elegant nor appropriate. The Minister of Justice should not hinder the pursuit of justice.

I did not say, 'Let me visit these detained defendants, and while I am there, let me take them by the hand and bring them out.' Likewise, we have not asked about the procedures and principles of the trial and/or the judicial process and/or whether there are possibilities for trial without detention. Our request consists solely of visiting 5 of the detained defendants whose trials are ongoing within the scope of the Gezi Park case, at the discretion of the Ministry and within legal limits. 

But since the subject is being discussed not only beyond a visit permit but also with its content, I would like to offer a few contributions on this matter as well. As I have stated before, I have also read the petition for the renewal of the trial. In the petition, contrary to what our Minister of Justice stated, there is no such justification as 'the victim of the crime has changed,' but rather an explanation that 'the victim of the crime has been abolished, repealed, and eliminated through constitutional reform.' Therefore, 'the victim has not changed'; 'the victim has been eliminated.' These are two different concepts. It is appreciated that law operates on concepts.

There is an ongoing legal dispute. The renewal of a trial is a continuation of the old case. There is no finalized situation. Moreover, if the old law were still in effect and the 'death penalty' had not been abolished, people's lives would be at stake. Likewise, today, there is an 'aggravated life imprisonment' sentence given in its place. In other words, the risk is high in the decision to be made between finding a defendant guilty or innocent. Criminal law works to uncover the truth in all universal countries.

However, our Minister of Justice, instead of managing this development, which has found resonance in public opinion, and the application in an impartial manner, has instead chosen to make statements and evaluations aimed at sweeping the file under the rug. In my opinion, this is not the right approach.

Respectfully announced to the public."

News Source: 12punto