Prison sentence for prosecutor who issued arbitrary detention order: 'They'll say you insulted the Chief'

An investigation was launched by the HSK 1st Chamber against the then-Büyükçekmece Public Prosecutor Harun Ayık in 2015 due to a land sale case in Çerkezköy.

According to the allegations, Prosecutor Harun Ayık had a petition submitted by a complainant named Ahmet Ş. referred to himself as if it were his own file, despite having no authority to do so. Prosecutor Ayık also separated the individuals appearing as the complainant and the suspect in the petition given to him from the file and began conducting the investigation himself.

"I WILL ISSUE A WARRANT FOR FORCIBLE ATTENDANCE"

Following the complaint petition submitted by the complainant Ahmet Ş., Prosecutor Harun Ayık had his clerk call an individual named İsmail D. by phone, summoning him to the courthouse to give a statement on charges of 'fraud' and stating that if he did not come, he would issue a warrant for his forcible attendance.

ORDERED DETENTION AND IMPOSED CONFIDENTIALITY

On October 4, 2017, when İsmail D. arrived to give his statement, Prosecutor Ayık told him, "There is a complaint against you. You took this man's money and victimized him. Make peace with this man and pay your debt, otherwise they will call you a FETÖ member, they will say you insulted the Chief." İsmail D. replied to Prosecutor Ayık, "The case between us is ongoing; they are demanding money from me unfairly." Upon this, Prosecutor Ayık told İsmail D. to go and "wait outside" and called law enforcement to issue a detention order. Prosecutor Ayık also imposed a confidentiality order on the file.

"I WILL SEND THE FILE TO THE ORGANIZED CRIME BUREAU"

The lawyer for İsmail D. wanted to get information the next day. Prosecutor Harun Ayık said, "There is a FETÖ allegation in the file. I am going to issue a lack of jurisdiction decision anyway. I will send the file to the organized crime bureau." Although the detention order had expired, Prosecutor Ayık, despite issuing a judicial control and travel ban decision, instructed that İsmail D. be taken by police officers from the Counter-Terrorism Branch to give a statement for another file.

DISMISSED FROM PROFESSION

According to an exclusive report by İlker Turak from Ekol Tv, İsmail D. filed a complaint against Prosecutor Harun Ayık after these events. The First Chamber of the Council of Judges and Prosecutors (HSK) launched an investigation and he was suspended. The Second Chamber of the HSK granted permission for prosecution. In the trial conducted by the 5th Criminal Chamber of the Court of Cassation acting as a court of first instance, Ayık was sentenced to 3 years and 3 months in prison for the crimes of 'Extortion', 'Abuse of rights and powers', and 'Depriving a person of liberty by using his influence', and was dismissed from his profession.