Minister Tunç makes statements on Can Atalay, Tolga Şardan, and Dilan Polat!

Minister of Justice Yılmaz Tunç has made statements regarding current issues on the agenda.

Responding to questions from Hürriyet, Minister Tunç stated the following regarding the investigation into bribery allegations at the courthouse by Istanbul Anatolian Chief Public Prosecutor İsmail Uçar: "Three inspectors are working at the Anatolian Courthouse. They have begun an investigation into those mentioned in the whistleblower letter and the decisions they made. The inspectors have not yet finished their report. We will see in this report whether the mentioned allegations are true or not. The relevant department of the HSK (Council of Judges and Prosecutors) will conduct the investigation. If the accuracy of these allegations is revealed, the HSK will take the necessary actions."

'JUSTICE DELAYED IS NOT JUSTICE'

Continuing his remarks, the Minister noted:

"Everyone is disturbed by the emergence of allegations such as bribery regarding the judiciary. In particular, the judiciary should be the institution furthest from such allegations. Even the smallest allegation must be investigated and followed up on. There are 24 thousand judges and prosecutors and millions of files they handle. This situation should not be turned into a campaign that casts suspicion on judges and prosecutors who take files home and work honestly day and night. The judiciary is independent and makes its decisions impartially. If there is a bribery ring, it is a crime. The HSK is already examining every allegation. There are those who have been punished. In recent days, there have been certain attitudes aimed at damaging the judiciary and shaking trust in justice by claiming 'there is rot in the judiciary, there is an MIT report, the situation is catastrophic.' The judiciary is resolutely going after gangs, drug criminals, and those who do wrong. Let no one have any doubt about this. Justice delayed is not justice."

'THERE IS A MASAK REPORT'

Regarding the investigation into the Polat couple, who are on the agenda over money laundering allegations and have been detained, the Minister said:

"There is a MASAK (Financial Crimes Investigation Board) report. Suspicious transactions belonging to these individuals and their companies have been identified one by one. Judicial control and detention procedures have been carried out. Assets belonging to them, their relatives, and their companies have been seized. Let us wait for this investigation and see what crimes they are charged with. As a result of the investigation, the indictment will reveal which crimes were committed."

'EVERYONE CAN WRITE WHAT THEY WANT, BUT THERE IS A LIMIT TO THIS'

Regarding the arrest of journalist Tolga Şardan within the scope of the investigation launched against him for the crime of "publicly disseminating misleading information," Minister Tunç said, "Our hearts do not agree with the arrest of any journalist. Everyone can write what they want. But there is a limit to this."

'OUR HEARTS DO NOT AGREE WITH THE ARREST OF ANY JOURNALIST'

Tunç's statements are as follows:

"Journalist Tolga Şardan wrote an article claiming, 'An MIT report regarding rot in the judiciary has been submitted to the Presidency.' An investigation was opened, he was detained and referred for arrest. It is not possible for us to interfere with the decisions made by the judiciary here. An MIT report is mentioned here. However, the Directorate of Communications announced that there is no such report. Since there is no such report, this is disinformation and fake news. The investigation is being conducted according to Article 217/a of the Turkish Penal Code (TCK), which stipulates a prison sentence of 1 to 3 years for the crime of 'publicly disseminating misleading information.' We will all wait for the result of the investigation together. Our hearts do not agree with the arrest of any journalist. Everyone can write what they want. But there is a limit to this. There is an obligation to open an investigation into matters that exceed the limits of criticism and target the honor and dignity of individuals. Is it right to say that a non-existent MIT report exists? There is the crime of publicly disseminating misleading information in the TCK. An attempt is being made to create a perception. There are those who write news that has no basis. They pontificate on every subject. They report news without knowing what happened, without asking for the truth of the matter. For example, they publish that 'the person who killed Ceren Özdemir was taken to an open prison.' Open it and ask, is it true? But their concern is not news, but creating a perception. Can we talk about good intentions here? Should we allow these?"

CAN ATALAY DECISION

Regarding the Constitutional Court's (AYM) decision on Can Atalay, Tunç said, "Can Atalay is a convict in the Gezi trial and was not a member of parliament while the appeal process was ongoing. The Court of Cassation upheld his 18-year prison sentence. This decision came to Parliament on September 29. But Parliament waited and did not strip Atalay of his parliamentary seat. The 3rd Criminal Chamber of the Court of Cassation did not stop the trial because this crime was committed before the election and did not fall within the scope of immunity. The AYM, on the other hand, issued a violation decision because there is uncertainty regarding which crimes are within this scope in Article 14 of the Constitution. It said that Parliament should make a regulation. The interpretation of the AYM and the Court of Cassation is different. Everyone is bound by the Constitution. According to Article 154 of the Constitution, the Court of Cassation is the final authority for reviewing decisions made by judicial courts. Its decisions are final in this sense. With this decision, the AYM seems to have changed the Constitution through a difference in interpretation. Does the AYM have the authority to change the Constitution? This authority belongs to Parliament. Conflict between courts harms the rule of law. A concept such as a hierarchical relationship between high courts also harms the rule of law. No one has the right to do this," he said.

News Source: 12punto