An example of enemy criminal law: The unjust detention and arrest of Rıza Akpolat

The Detention and Arrest of Mayor Rıza Akpolat: An Example of the Politicization of the Judiciary

When criminal law is instrumentalized and a repressive understanding of criminal law becomes dominant, it becomes easier to target opposition segments in society. Contrary to popular belief, the politicization of the judiciary does not only occur in totalitarian regimes. The existence of repressive criminal law—or in other words, enemy criminal law practices—is also observed in non-totalitarian regimes.
In recent days, we would like to discuss the detention and arrest process of Rıza Akpolat, one of the latest victims, by examining the concept of enemy criminal law, which focuses on the perpetrator rather than the act.

WHAT HAPPENED?

On January 13, 2025, in Istanbul, detention warrants were issued for 47 people led by “Aziz İhsan Aktaş” as part of an investigation launched on allegations of organizing tender processes by bribing mayors and senior municipal officials in certain municipalities, and ensuring that tenders were awarded to their own companies.
Beşiktaş Mayor Rıza Akpolat, who was among those for whom a detention warrant was issued, was taken into custody at his home while he was in Altınoluk due to his father's illness. As we all know, the authority to conduct investigations is a power granted to public prosecutors by law. For this power to be exercised, the act committed must fit a legal definition and be based on specific suspicion. Let us assume an investigation has been launched; in this case, the procedure specified by law is to summon the person to provide a statement. If the person does not appear, measures such as 'compulsory appearance' and, if necessary, 'arrest' can be applied. It is common knowledge that it is contrary to the ordinary flow of life for Rıza Akpolat—who has been serving as mayor in one of the most important municipalities not only in Istanbul but in all of Turkey for 6 years with a record-breaking vote share—to fail to appear or flee if summoned. In a normal and ordinary legal system, if there is truly a suspicion of a crime, the proper course of action is to summon the mayor for a statement, rather than detaining a mayor who has served for 6 years in one of Turkey's most important municipalities at his home, where he had gone to visit his sick father, in a dawn-raid style operation. However, detaining someone who would clearly have gone to give a statement if summoned, and forcing his head down while taking him by the arms to a vehicle, is a situation that can only be explained by enemy criminal law.

IS THE DECISION LEGAL? OR POLITICAL?

In fact, to fully answer this question, one must also look at the developments that occurred following the arrest decision. Furthermore, the enemy criminal law applied to Rıza Akpolat was not limited to this. After being detained in Altınoluk, Akpolat was taken to Istanbul and held at the police station for 4 days without his statement being taken, effectively being subjected to ill-treatment.
After four days, Rıza Akpolat was referred to the courthouse, where an arrest warrant was issued against him, and a confidentiality order was placed on his file. However, following the arrest warrant, Akpolat was transferred first to Metris Prison and then, quite strangely, to Paşakapı Prison—a sequence of events that would normally be impossible for a detainee. While there, in the middle of the night and just as he was about to sleep, he was told, 'We are taking you to Silivri.' In summary, Rıza Akpolat, who was elected twice by the public with record votes and served as mayor in the municipality where he was a candidate, was unjustly detained and then, following the arrest warrant, transferred first to Metris, then to Paşakapısı, and finally to Silivri.

WHAT IS AKPOLAT ACCUSED OF?

Rıza Akpolat, who was elected mayor twice with a record vote share, has been arrested on charges of 'membership in a criminal organization,' 'rigging a tender,' and 'unjust enrichment.' Although a confidentiality order has been issued regarding Akpolat's file, the publication of information and documents related to the contents of this file in certain media outlets is unacceptable. Furthermore, the statements made by some politicians regarding Akpolat's detention and arrest process, alongside the arrest warrant issued, have violated the right to the presumption of innocence, one of the most fundamental guarantees of criminal law.

According to Public Procurement Law No. 4734 and Municipal Law No. 5393, it is not mandatory for the mayor to sign every tender file in a municipality. On the other hand, the claim that the mayor is aware of every tender conducted in large municipalities is contrary to the ordinary flow of life. While it is certainly normal to seek the testimony of a mayor, it is unlawful to detain a person who is to be called for testimony, to have them arrested based on the statement of a secret witness, to keep them in custody for four days, and to carry out all of this in the public eye. Moreover, the existence of strong suspicion of a crime is required for an arrest warrant to be issued. However, it appears that the arrest warrant issued for Rıza Akpolat is based on the statement of a 'secret witness' as the strong suspicion of a crime. It is known that the use of secret witnesses is a practice contrary to universal legal principles. Here, the arrest warrant issued using a 'secret witness' was obtained regarding extremely serious accusations without even knowing the identity of the accused. Such a practice is unacceptable in a transparent state of law, as it violates the fundamental principles of justice: open trial and the right to defense.

Minister of Justice Yılmaz Tunç made a statement regarding the investigation into individuals including Beşiktaş Mayor Rıza Akpolat, saying, 'No one is above the law.' However, considering the current situation in our country, the validity of these words has become debatable. Indeed, according to recent news reports, the prosecutor's office issued a 'decision of non-prosecution' following 213 criminal complaints filed against former AKP MP Zehra Taşkesenlioğlu, who has been on the agenda with bribery allegations and is claimed to have been involved in many scandals. The Ankara Chief Public Prosecutor's Office closed the file on the grounds that there was 'no credible evidence of a nature and sufficiency to justify the filing of a public lawsuit.' Taşkesenlioğlu was not even asked to provide a statement, and the decision was not communicated to the 213 complainants.
This situation reveals how the law is applied differently and the existence of double standards. While arrest and unjust criminal law practices are put into effect against Rıza Akpolat based on secret witness statements, the issuance of a non-prosecution decision for Zehra Taşkesenlioğlu—a politician who has been on the agenda with the same allegations and has received a significant number of complaints—demonstrates how contradictory this is to the Justice Minister's statement that 'no one is above the law.' This double standard stands before us as a strong sign that justice is not applied equally and fairly to every individual.

Justice and law are not just a necessity, but a requirement! Injustice and lawlessness shake and rot the foundations of a society. If you eliminate justice and destroy the law, you not only usurp the rights of some, but you also endanger the entire structure of society. Property, state, and nation are built on the foundation of justice. If there is no justice, nothing remains secure. The state turns into a structure without a foundation; the peace and security of the nation are threatened. In an environment where there is no law and justice, neither can society be peaceful, nor can the power of the state maintain its existence in a healthy way.

However, at this point, the responsibility that falls on every individual is also great. For justice to be achieved, it is not only the lawmakers but all of us who must defend these values and strive to ensure that justice is served. The unjust and unfair practices experienced by Rıza Akpolat remind us all of this responsibility. Each of us contributing to the protection of justice and law means becoming the guarantor of these values and placing society on a strong and solid foundation. Let us not forget that every environment where justice is provided is a guarantee of peace and security.

Atty. Dr. Mehmet Ruşen Gültekin - Atty. Deniz Ali İlkem Demir