HSK ruling on compensation for Ergenekon victims: To be recovered from FETÖ members

The Second Chamber of the Council of Judges and Prosecutors (HSK) has concluded its disciplinary investigation into former judges and prosecutors who served in the Ergenekon investigations and trials. Within the scope of the decision, it was ruled that the compensation paid by the state to the Ergenekon victims will be recovered through recourse from the former judicial members who were involved in the process and later dismissed from the profession.

FINDINGS ON THE RIGHT TO A FAIR TRIAL INCLUDED IN THE DECISION

The HSK Second Chamber's decision included notable assessments regarding the Ergenekon trials. The decision stated that instead of uncovering the material truth through legal evidence during the trial process, the rulings were based on digital materials determined by forensic and technical examinations to be fake, files stated to have been created through external interference, and the testimonies of secret witnesses whose reliability was questionable.

Furthermore, findings were included stating that the defendants' right to be free from stigma and the presumption of innocence were not observed, the defense's access to evidence was obstructed, practices restricting the right to defense were employed, and the trial process was influenced by perception management activities conducted through the media.

87 FILES EXAMINED, NEW DISMISSAL DECISION FOR 62 INDIVIDUALS

Within the scope of the HSK's examinations, a total of 87 files were evaluated, including 30 separate investigation files containing 240 allegations and 57 recourse files, among which were files where the Constitutional Court had issued violation rulings.

At the end of the examination, a new decision for dismissal from the profession was issued for 62 former judges and prosecutors, who had previously been removed from the profession due to various FETÖ investigations, in accordance with the final paragraph of Article 69 of the Law on Judges and Prosecutors No. 2802.

COMPENSATION TO BE RECOVERED THROUGH RECOURSE

Another part of the decision concerned the compensation paid from the state budget to the Ergenekon victims. Accordingly, it was decided that the aforementioned compensation would be recovered through recourse from the former judicial members who served during the Ergenekon process and were dismissed from the profession.

News Source: İHA