Former legal advisor criticizes Erdoğan: 'The measure has been lost' - 'Arrest decisions may please you'
Prof. Dr. İzzet Özgenç, a criminal law expert and former legal advisor to AKP Chairman and President Recep Tayyip Erdoğan, who is also known as the architect of the Turkish Penal Code, has criticized the conduct of investigations into the Istanbul Metropolitan Municipality (İBB) based on statements from individuals released under 'effective remorse' provisions.
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Addressing Erdoğan, Özgenç noted that the measure has been lost in legal practices and that the judicial process has moved beyond its legitimate purpose.
Özgenç addressed Erdoğan, stating, "The arrest decisions made in these investigations may please you and may create a convenient environment for your political goals. However, I must clearly state that the measure is not being observed in the arrest decisions issued."
Prof. Dr. İzzet Özgenç had previously filed a criminal complaint, stating that allegations made against him by individuals benefiting from 'effective remorse' in the İBB operations were leaked to certain media outlets in violation of the confidentiality of the investigation, and that "character assassination" was being carried out with the impression that the "allegations were true." Özgenç, who filed the criminal complaint directly with the Council of Judges and Prosecutors (HSK), submitted recordings of two TGRT broadcasts, which included journalists Nagehan Alçı and Cem Küçük, to the petition as evidence of "character assassination."
In a social media post today, Özgenç addressed President Erdoğan, reacting to the "failure to observe the measure in arrest decisions" and the conduct of investigations based on the statements of those benefiting from effective remorse.
Özgenç used the following expressions in his post:
"Mr. President, we are witnessing current events where the measure has been lost in our legal practice and the judicial process has moved beyond its legitimate purpose. In criminal proceedings, moving away from methods of obtaining evidence in accordance with the law and scientific methods, investigations are being conducted based on statements made under the guise of 'effective remorse' by individuals who have been given the appearance of a 'suspect' in some way. The arrest decisions made in these investigations may please you and may create a convenient environment for your political goals. However, I must clearly state that the measure is not being observed in the arrest decisions issued. In the context of your duty to ensure the implementation of the Constitution (Constitution, Art. 104, para. 2), I submit the necessity of taking action to your discretion. I hope you will view this public statement with understanding. With my regards and respect."