Critical move by the Council of State in the Gökçek case
The Council of State has unanimously overturned the Interior Ministry's decision to 'deny authorization for an investigation' regarding a criminal complaint filed by the Ankara Metropolitan Municipality, which alleged that Melih Gökçek provided benefits to FETÖ-linked individuals and companies through zoning plans during his tenure as mayor.
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The 1st Chamber of the Council of State has reached a significant decision regarding a criminal complaint filed by the Ankara Metropolitan Municipality against former Mayor Melih Gökçek. The decision by the Ministry of Interior to 'deny authorization for an investigation' was unanimously overturned by the high court.
A TURNING POINT IN THE CASE
Journalist Murat Ağırel announced this decision by the Council of State regarding the application concerning Melih Gökçek to the public. According to the information provided by Ağırel, the Ankara Metropolitan Municipality had filed a criminal complaint alleging that during Gökçek's term in office, benefits were provided 'parcel by parcel' to FETÖ and FETÖ-linked individuals and companies through zoning plans.
THE MINISTRY OF INTERIOR HAD DENIED AUTHORIZATION
Following the criminal complaint in question, the Ministry of Interior had decided not to grant authorization for an investigation into the allegations. However, this decision was brought to the agenda of the 1st Chamber of the Council of State following appeals.
UNANIMOUSLY OVERTURNED
Reviewing the file, the 1st Chamber of the Council of State unanimously overturned the Ministry of Interior's decision to 'deny authorization for an investigation.' With this decision, the path has been cleared for the file to be re-evaluated.
FILE SENT BACK TO THE INTERIOR MINISTRY
In line with the decision, the Council of State ruled that the file be sent back to the Ministry of Interior for a preliminary investigation. Thus, it was decided that the investigation process should be reconsidered.
According to the information in Ağırel's report, legal experts consulted on the decision stated that the allegations in the file should be evaluated within the framework of terror crimes related to FETÖ. The experts expressed that such allegations cannot be limited to an administrative inspector's review.
In the assessments conveyed, it was emphasized that allegations linked to FETÖ fall under the jurisdiction of the Public Prosecutor's Offices, which are tasked with handling terror crimes. The view was shared that the file should be handled within this scope.
WHAT HAD HAPPENED?
Former Deputy Prime Minister and former Speaker of the Grand National Assembly of Turkey (TBMM) Bülent Arınç had accused Gökçek in 2015 of 'selling Ankara parcel by parcel.' Arınç had used the following expressions:
'I am on the side of our esteemed President. This is who I am. I am standing before you with everything I have. I am the one who went to America; I did not hide these things. But Gökçek has done more than these. He has sat in the lap of this structure and sold Ankara to this structure parcel by parcel. He had schools built for wealthy businessmen. We did not leave the state's resources in their laps for this structure at that time. I objected to Gökçek's candidacy back then.
I objected to Gökçek's candidacy in both the 2009 and 2014 elections; I said enough is enough, I said it does not suit Ankara. I said we need a new mayor. He is working in some way to vent a grudge remaining from that day.'