Minister Tunç makes statement regarding Özlem Zengin and her nephew in judge-prosecutor appointments

Here are the highlights from the statements made by Minister Tunç, who participated in a live broadcast on Habertürk TV:

REGARDING THE EARTHQUAKE LAWSUITS...

'We call it the disaster of the century, but in world history, this is a bit of an understatement. We lost 57,537 of our lives. We declared a great mobilization as a nation. All institutions of our state mobilized for the region. We have reached a certain point in the struggle to rebuild our 11 cities. I was in Gaziantep yesterday. Nurdağı and İslahiye districts were the cities where the earthquake caused the most damage. We visited our citizens in the houses delivered there.

The pain is fresh; it is not something that will go away, of course. After the earthquake, from the very first moment of the earthquake, the earthquake happened on February 6, 2023. I was the deputy group chairman and a member of parliament at that time. Our deputies set off immediately in the morning. The roads were damaged due to the earthquake, it was snow, winter, and storm. Our deputy group chairman Mustafa Elitaş discussed the declaration of a state of emergency in his meeting with our President.

Our President's expression was as follows: 'We will be with our citizens in the snow, blizzard, and storm, we will make the first intervention, and then a state of emergency will be declared'. A decree was issued regarding how judicial processes would be carried out within the framework of that decree. We had made a temporary article arrangement in administrative judicial procedure.

As the Ministry of Justice, we transferred experienced judges and prosecutors from all provinces to the region. Forensic medicine, DNA, identification. 984 expert witnesses also needed to identify the evidence. Evidence had to be collected before the debris of the destroyed buildings was removed. These studies were carried out building by building in our 11 provinces without any omissions. The investigations to be opened were based on this evidence. We established 697 additional courts in the region so that the judicial processes there would not be blocked. Measures were taken to ensure that our citizens would not be victims in judicial matters regarding criminal processes and lawsuits.

"THERE ARE ALSO MAYORS ON TRIAL"

In total, 3,522 files were processed. Indictments were prepared for 1,491 of these files and lawsuits were filed. 2,031 investigations are ongoing. Expert examinations were completed in 2,578 files and reports were prepared. These reports are going to technical universities. They were delivered to expert committees at the universities. Currently, 248 people are still in detention. There is judicial control for 1,036 people.

Some of the detainees are contractors, some are building inspection supervisors, and some are technical officers. There are also those who made changes to the building later and cut columns. After the expert reports regarding public officials arrive, if there is responsibility on the part of the public official or municipal authority in that file, a request for investigation permission was requested from the Ministry of Interior. The filing of those lawsuits continues gradually.

The delay in the arrival of permissions is related to the return of the file from the expert. Lawsuits are being filed regarding them as well. There are also mayors on trial here. Our Nurdağı Mayor is still in detention. Judicial processes regarding those who have faults in the structures there are continuing without interruption. What is important here is the expert reports. The reports given by our universities. It was very important that the evidence was collected well at the beginning.

Core samples were taken and it was done building by building. There was also an administrative judicial dimension to this. Currently, 105,933 lawsuits have been filed. A decision has been made in 65,826 files. Citizens object to the demolition decision and heavy damage and file a lawsuit. More than 400 thousand houses will be delivered by the end of this year. Everyone will have their warm homes by the end of 2025.

HOTEL FIRE DISASTER INVESTIGATION

We wish God's mercy upon our citizens who lost their lives in Kartalkaya. It is truly a great pain, a great disaster. Something like this should not happen. This pain is indescribable. It is impossible not to be moved when our President shares the pain of those families at funeral ceremonies. Following the fire, while rescue efforts were continuing, the Bolu Chief Public Prosecutor's Office launched an investigation.

An expert committee was formed quickly to ensure that evidence was not lost. While the process of preparing a report on the initial findings was ongoing, the prosecutor's office needed to obtain information from people with expertise, especially regarding fire and fire protection of buildings. The expert was consulted to determine the problems.

The prosecutor's office is conducting the investigation. There is an effort to determine the problems in light of the evidence there. The prosecutor's office had some findings in particular. The prosecutor's office's finding that 9 deficiencies regarding the building were not reported to the Bolu Special Provincial Administration, which is the licensing authority, by the Bolu Municipality and the fire department 1 month before the fire. Then the withdrawal of the petition. The withdrawal of the petition regarding this, and the granting of compliance regarding the outbuilding next to it. The prosecutor's office decided to form a new, more impartial, technical, and specialized expert committee, seeing that this issue was not their area of expertise, and it was a document that Mr. Özel mentioned that had not yet been given to the file and had not been signed by the experts, and it was seen that there was no comment regarding the part the prosecutor's office asked about.

"NEW DETENTIONS HAVE TAKEN PLACE"

For it to be a report, it must be signed and recorded in the prosecutor's file and UYAP. This could be a draft. When new questions were asked to the expert regarding this draft and the local experts said 'we cannot answer this', then the prosecutor's office concludes that we need a new technical committee that requires expertise. A new committee is being formed from ITU. An 8-person expert committee consisting of the Disaster Management Department is being assigned.

The evidence collected previously is being examined quickly. The report preparation process is ongoing. We say this; it is painful to even talk about these things through this, unfortunately. Politics cannot be made through this. Let the truth be revealed here, no matter where it touches. But they say 'Let this not touch our friends', that is the difference. They say the municipality is not responsible here. Can you say 'this is faulty, this is faultless' while the expert report has not been prepared and the prosecutor's office is continuing the investigation?

There are currently 22 detainees. Our minister spoke about the investigation of the civil inspectors. In light of the newly arrived report, detentions and arrests took place. Currently, the experts from ITU will prepare the main report. This report will be obtained from Turkey's most competent institution. The investigation is ongoing. According to the expert report that will come here, the prosecutor's office can of course make new detentions and issue arrest warrants.

In terms of the civil lawsuit, measures were placed on the assets of the company officials. Let our citizens be at ease. Whoever it is, whether it is the hotel owner, company officials, or public officials who have negligence, whether in the ministry or the special administration, it is out of the question for the judiciary to protect anyone in this matter.

Whoever has negligence. The withdrawal of the petition submitted 1 month before the fire. 9 deficiencies. No fire extinguishing or warning systems. No exits or fire escapes. Who did not report this to the relevant authorities? Why was the petition withdrawn? What happened in between? All of this will come out. The judiciary will hold those who caused great pain to our nation and the families of those who passed away accountable. No matter where it touches. Mr. Özel says 'let it not touch our municipality'. You will not say this, the judiciary will say it.

LAWSUITS FILED AGAINST İMAMOĞLU

As the Minister of Justice, it would not be correct for me to comment on ongoing investigations and lawsuits as to whether they are political lawsuits or not. Everything is happening in front of the public. Is saying 'he is a fool' an insult or not? The judiciary will decide this. The court of first instance gave its decision, now it is in the appellate process. If you say 'this lawsuit was delayed, it was given early' and call it 'judicial harassment', this will not happen. The judiciary will make its decision independently and impartially. The same thing was said about the lawsuit in Ordu.

That lawsuit is in the Supreme Court. There are subsequent statements, statements about our Istanbul Chief Prosecutor. The judiciary will evaluate whether it is an insult or not. When you call a Chief Public Prosecutor 'rotten-minded', I suppose the judiciary will decide whether this constitutes an insult and whether it constitutes a crime. There is a situation of constantly staying on the agenda with words containing insults that we cannot express here towards the judiciary.

Here, one must carry the responsibility of 16 million Istanbulites. Will the judiciary remain silent when we call a Chief Public Prosecutor 'rotten-minded'? When faced with an investigation, 'judicial harassment'. The words he said to YSK members are on the judiciary's agenda. Mr. Özel's statements. A youth branch president making a video about those words and an investigation being opened.

No one can insult the judiciary. I am the Minister of Justice and the HSK President. I am not saying 'this person has committed a crime'. It is the judiciary that will evaluate whether it is a crime, whether it is an insult. If you turn this into a show, everyone will respect the law. The words he said to members of the judiciary are not acceptable.

Unfortunately, when insult politics, words that will constantly offend the other side, words that reach the level of insult are uttered, and when it is said 'why is the judiciary coming after me' when it becomes the subject of the judiciary, it would not be correct.

No one can point a finger at the judiciary. This is a state of law. We have laws. If everyone did their job fully in their own field of duty, especially if they were in office with actions. When they are not in office with actions, it is a matter of covering up the work like this.

EVALUATED ÜMİT ÖZDAĞ'S DETENTION

The speech he made in Antalya. There are other accusations, words aimed at inciting hatred and hostility among the public and xenophobia. There is a speech he made in Antalya. I am speaking as a politician. In the end, the judiciary will decide whether these words are a crime or not.

The investigation launched by the prosecutor's office regarding the 'crusade' analogy towards our President, our state, and the policies pursued by the government. It could have started in Antalya. It could have started in Ankara. It could have started in Istanbul as the victim's residence. Three places are authorized. There is no problem regarding authority.

Since the authorized authority has started it, it is out of the question for the same investigation to be started there. The victim's residence is the authorized court in such lawsuits. If someone insults you from Ankara, you can file the lawsuit in Istanbul. Likewise, since the victim's residence is Istanbul here, there is no problem regarding authority.

INVESTIGATION CONDUCTED FOR CEMAL ENGİNYURT

Crimes committed through the press, in the end, where news channels and newspaper centers are published, the issue regarding authority is broad. These people are the ones who have filed lawsuits against thousands of our citizens regarding these statements they made in the judiciary and the speeches they made. Citizens react and make comments against the comments and statements these people make both on TV screens and on their social media. These people have filed lawsuits against thousands of people regarding citizens. They can file, it is their right. On the one hand, those who say 'lawsuits are being filed against us unfairly' can file lawsuits against the small comments of our citizens. They can file, we cannot say anything.

EXPERT INVESTIGATION INTO JOURNALISTS

Discussions about press freedom are being held here. The press is free. Freedom of thought and expression is a constitutional right. Article 26 of our Constitution. UN and ECHR articles talk about freedom of thought and expression and define its limits. We have made significant changes in our Constitution and legislation in the last 22 years regarding the expansion of the scope of press freedom. We have made changes regarding this issue, stating that words uttered for the purpose of criticism in the TCK do not constitute a crime, and that expressions of thought that do not exceed the limits of news do not constitute a crime.

There is a phone conversation with an expert. The disclosure of the phone conversation and its broadcast on television occurred. The disclosure of a phone conversation you had with an expert or any person without their permission is clear in Article 131 of the TCK. If it is done through press and publication, it has made it an even more aggravating factor. The crime of influencing an expert has been regulated. There was an investigation launched by the prosecutor's office after the broadcast was made. It was done with both the journalist who made the conversation. Some were released, some were arrested.

When you ask why they could not be released, it is the decision the judiciary will make. It is clear under what circumstances an arrest will be made. It is said that a person who has evidence that they have committed a crime will be arrested. Here, the disclosure and publication of a phone conversation is in question. Here, of course, arrest is a measure. The decision given is not final. There is concrete evidence that the crime was committed. The prosecutor's office sends it to interrogation. When the peace criminal judgeship sees it within the arrest limit, the authority is with the court. There is no journalistic activity here in particular.

Journalism has rules, professional principles. These are both in journalism rules and in the law, what will be published and what will not, what will be an attack on personal rights and what will not. The judiciary will decide whether this constitutes a crime or not. The peace criminal judgeship has made such a decision here.

Arrest is a measure. The reasons for arrest are written one by one in our law. The decision is entirely at the discretion of the court. We do not have an instruction to call the court and say 'the journalist, in the end, will not flee, do not arrest'. When asked if a journalist friend of ours was detained due to journalistic activity, I also said 'there is no one arrested due to journalism'. Therefore, this is what was done.

WHY IS THE GEZI LAWSUIT ON THE AGENDA 12 YEARS LATER?

Gezi events in May 2013. If we remember those days. There was an impression that the Arab Spring was coming to Turkey. The protest action that started with the relocation of 2 trees in Gezi Park unfortunately turned into something else as burning and destroying. People died. Terrorist rags were hung on the AKM. The trial process began. A public lawsuit was filed against those who coordinated and organized the actions.

The court of first instance gave its decision, the Supreme Court approved the decision. There is a finalized decision. There is a decision regarding the Gezi Park events being a coup attempt against the government. What happened 12 years later that an investigation was launched again? There is no statute of limitations here for the Chief Public Prosecutor's Office. The statute of limitations does not apply to crimes committed against the constitutional order. Just as the February 28 suspects and the September 12 coup plotters were brought before the judiciary years later. Article 312 regarding the crime. The statute of limitations does not apply.

12 years have passed. Of course, if evidence has emerged during this time. We will see in the coming times what evidence emerged within the scope of the investigation that such an investigation was launched. The suspects can make their defenses. If evidence emerges that it had an effect, of course, a trial may be possible. We cannot say that 12 years have passed, can there be an investigation after this.

If there is an effect in the incitement and direction of those events, if there is evidence, of course, the judiciary will launch an investigation here. The judiciary believes that it has obtained concrete evidence that it has launched such a process. In the coming process, who was with whom? Did they have effects in the coup attempt against the government? Those who organized the events here. In the face of evidence that emerged later, of course, if the prosecutor's office has evidence, it will of course be a subject of investigation. The investigation is carried out effectively. We will see in the coming process whether it will be turned into a lawsuit or not.

DISMISSAL OF 5 LIEUTENANTS FROM TSK

We must always be careful when talking about ongoing investigations. We are lawyers, we are the Minister of Justice. We cannot be directive regarding ongoing investigations. On the other hand, we are politicians. The issue regarding the lieutenants is a matter of discipline. It is not because of the slogan they shouted there or the demonstration among themselves.

There is an oath text, it has changed with the legislative amendment. The oath was taken at the ceremony in accordance with the legislation. It is as if the ceremony was held by memorizing the old oath text that was removed from the legislation after the ceremony ended. We have information that it was done despite the insistence of the authorities. The decision also shows that it was encouraged.

A disciplinary decision was made regarding the lieutenant and his commanders who organized that oath. The MSB High Disciplinary Board decided that reading the current text and insisting on reading the old text is a disciplinary offense in terms of military service.

The administrative judiciary will evaluate this decision. The administrative judiciary is the one that will evaluate whether there is a disciplinary offense here or not. It is a situation completely related to military discipline.

"THERE CAN BE NO PARTY DISCRIMINATION HERE"

It is not divided into AK Party or CHP municipalities. If there is a crime, if there is negligence of the law, of course, the judiciary investigates. If a detention and arrest decision has been made, concrete evidence has been obtained. There can be no party discrimination here. In which municipality what irregularity has been committed. If evidence regarding the acts has been obtained, the judiciary takes action. They make their defense there. The public will see the indictment, the public will see what crimes the person has committed. We have a three-tier system. There is the first instance, there is the appeal, then there is the Supreme Court. It is not correct to interpret these processes as if there is an intention towards ourselves or our party. You defend yourself. You say to the public 'I am accused for this reason, there is nothing in the file regarding this'. If you present concrete evidence instead of vague accusations. Investigations are carried out regarding that.

"SOCIAL MEDIA ALSO HAS GOOD ASPECTS"

The law does not change according to the person who decides, the law is universal. Our judicial organization gave 13 million 900 thousand decisions this year. We have 11 million pending files right now. It shows that judicial processes are accelerating. With the strengthening of our number of judges and prosecutors, the decision-making time will decrease even more. There are millions of decisions. We are talking about those on the agenda here. The judiciary can also make erroneous decisions.

This erroneous decision has correction mechanisms within itself. Retrial, AYM, criminal general assembly again, courts resist their old decision. There are decisions that can be corrected in their own channel. Here, comments are made through social media and the press without knowing the content of the file of the decision of the court of first instance.

Social media judging people has some drawbacks. Social media also has good aspects. It is important in terms of informing the public. When the grievance in the most remote corner is voiced, it is important for state institutions to be on alert. It is necessary to prevent the staining of people in the investigation stage as if a conviction decision has been made.

"AIMED AT SLANDERING OUR COUNTRY..."

We do not accept being in 117th place. This is not true. Who created this list? Did an impartial organization make this index? An association called the World Justice Project. The former US Bar Association President who founded this association. It continues its activities with donations. There are many countries shown above Turkey on the list, without democracy, without elections, which cannot be compared with Turkey. Who will believe this? Countries without a judicial order are shown above Turkey. Who has donated to this association.

In first place is the US Department of State. Those at the top are those who donate the most. If the one who gives the money will be at the forefront of the list, it has no meaning. There are people they surveyed in Turkey. We see that those people are interviewed from the opposition. Can Turkey be behind Israel in the press freedom index? We need to be in a better place. That is why we are making judicial reforms. Our President announced our 4th Judicial Reform Strategy. These indices are constantly brought to the agenda, it has turned into something aimed at slandering our country.

Members of parliament bring this to the agenda in parliament. I showed both lists. The first donor is at the forefront, the second donor is at the forefront, these are also countries. When we look at the press freedom list, can Turkey be behind Israel? Didn't Israel kill or martyr more than 200 journalists? These are completely an effort aimed at slandering our country at the desk.

"THE FOUNDATION OF THE STATE IS JUSTICE"

There are many opposition attacks towards the judiciary, especially towards the justice mechanism. We say that the foundation of the state is justice here. There are also many circles aimed at wearing down the judiciary there. Turkey has suffered a lot from the judiciary. Especially what kind of judicial members this nation has seen. When we look at the history of democracy and the judiciary. May 27 judiciary. Judges who said to Adnan Menderes 'the force that put you here wants it this way'. In September 12, people were hanged, one from the right and one from the left. February 28. Former Supreme Court presidents. Our country has made a lot of progress in abandoning the tutelary judicial understanding. On July 15, the judiciary defended the nation's rights and law.

It caught the coup plotters. While the nation was running to the squares, the members of the judiciary were running to the courthouses. Our country has made a lot of progress in purifying the judiciary from the tutelary understanding. This cannot be digested either. We have thousands of judicial members who believe in our national will, who believe in a democratic state of law, and who try to do their duty properly. It has almost reached 26 thousand. They work day and night.

Of course, there may be erroneous decisions within such a large organization. But casting suspicion on all judicial members harms our judiciary. A camera image can be obtained later. Because there is no evidence, that person is released. Then it turns into propaganda in the media in the form of 'how can the person who did this be released'. There was a harassment incident in Beyoğlu. It was said how this could be released. We looked at the file, both the complainant did not complain and that image was not there at that stage. He says 'I am not a complainant, my friend'. Then the images come, an arrest decision is made even if he is not a complainant.

"CORRECT INFORMATION SPREADS LESS"

We held a Justice Media Workshop. We met with our journalists. You also made very beautiful contributions. Communication is important here. A communication mechanism that will strengthen, not shake, our citizens' trust in the judiciary must also be established. Especially, it is necessary to respond quickly to disinformation.

Our very famous journalist said on his Youtube channel 'Ceren Özdemir's murderer has been released from the closed prison to the open prison, he will be out soon'. We said why is he saying this. We looked, he is still in the high-security prison. We made an explanation of this, but millions watched this broadcast. Propaganda was made in the form of 'this is justice'. Correct information spreads less, of course. Our Directorate of Communications' Center for Combating Disinformation explains the correct information. We also have a preparation regarding the institutional mechanism as a ministry.

REACTION TO ÖZLEM ZENGİN'S NEPHEW IN JUDGE-PROSECUTOR APPOINTMENTS

Absolutely, in order for us to achieve quality in the judiciary, the most talented, the most knowledgeable, and those who deserve this job must be selected. If 1000 judges and prosecutors are to be recruited, 3 thousand people were called for an interview. We called 2 thousand people who were successful in the last written exam for an interview. Their stance, reasoning ability is seen by the commission. The commission is a commission consisting of 1st class judges, from the Supreme Court, from the Council of State. The questions asked are recorded. Their reference is not looked at. Now those who are successful in the written exam are called for an interview. In the interview, legal questions, questions about general culture are asked to them. This has always been the case. It used to be written, now it is a test method. This may not measure full knowledge either. An attempt is made to make a determination with the contribution of the interview. The person's ability, legal knowledge, reasoning ability is measured, a security investigation is carried out. Especially regarding those who are in the front ranks in written exams, 'for example, I entered the top 100 in the written exam, why didn't I win', we sometimes cannot explain the security information to the public. As a result of this security investigation, some decisions have to be made. There may be issues that we cannot share with the public. If there was no problem with security, he would definitely enter.

We draw our judge and prosecutor lots together with our President, our HSK members, and high judicial members.

Since Özlem lady's nephew will also enter the draw. He finished the 2-year period and invited him to the ceremony. It is a situation consisting of wanting to introduce her nephew to our President at that ceremony. Of course, we did not send out invitations to our deputies there. Özlem lady wanted to be with her own nephew on that day, she wanted to see him, there is a situation that developed spontaneously there.

INSULT LAWSUITS AGAINST ERDOĞAN

Our President is the head of the government and the state. At the same time, he represents the state. In all democratic states of law, insult crimes against heads of state, presidents have been regulated. The solution to this problem is not to insult our President. There are elements of the crime of insult. Heavy criticism is not a crime anyway. The investigations opened are subject to the permission of the Ministry of Justice. When we read it, if there is no insult content, a decision is made not to open an investigation. Investigation permission is given regarding those containing insults. In the end, the judiciary makes the decision. In all democratic states of the world, insults against presidents and heads of state have been regulated as a crime.

"ABOVE EU COUNTRIES"

Our compliance rate with ECHR decisions is 89 percent. The average of European countries is 79 percent. We are above the general average. Our deputies also voiced this in budget negotiations. They look at the number of files, they say 'Turkey is very high'. After the coup attempt, 80 percent are files related to FETÖ. The ECHR decided in favor of Turkey in the Şaban Yasak decision. When you look at the population, when you look at the number of applications, we are a bit further behind. If we take out the coup process, we come to a reasonable line proportionally. Those rates can be easily seen by entering the ECHR's website.

"WE DO NOT HAVE AN AGENDA REGARDING AMNESTY"

There are demands regarding execution in our judicial reform strategy document. We do not have an agenda regarding amnesty. Here, for elderly patients, detainees over 65, detainees over 70-80, execution at home may be possible according to the crimes they committed. It will be regulated in such a way that it will have the ability to be applied, such as execution at home, at night, on weekends, except for some exceptional crimes under 3, 5 years, for pregnant women, women with children, certain crimes. We will have studies similar to this. Development of alternative execution methods. Sick detainees. People who cannot maintain their lives without the help of someone else. Here too, those under 5 years. A regulation like this may be possible for similar patients, women with children, and elderly convicts over 65, 70, 80.