7-question parliamentary inquiry: Özgür Özel demands response from Yılmaz Tunç within 15 days

Republican People's Party (CHP) Chairman Özgür Özel has submitted a parliamentary inquiry to the Grand National Assembly of Turkey (TBMM) for the Minister of Justice, Yılmaz Tunç, to answer.

Özel posed the following question to Minister Tunç: "Is a dual legal system being operated in Turkey, where different practices are applied to those close to the government and different ones to other citizens?"

He also requested responses to a total of 7 questions and emphasized that these responses must be submitted to the Assembly within the 15-day constitutional period.

Özel's parliamentary inquiry is as follows:

"On March 19, 2025, Turkey was subjected to an attempt that I characterize as a civil coup attempt targeting our democracy. The investigation processes extending to Presidential Candidate and Istanbul Metropolitan Municipality Mayor Mr. Ekrem İmamoğlu, as well as numerous mayors and bureaucrats, are causing severe damage to democracy, justice, and the economy.

It is observed that the presumption of innocence is being violated during the investigation phases, that the indictment has still not been written despite 163 days having passed, and that detention statuses are being maintained despite no concrete evidence being presented. During this process, many extra-legal situations are occurring that undermine our nation's faith in justice.

It is not a common occurrence in our political history for political party leaders to submit written parliamentary inquiries. However, since you respond to all questions I pose in the political arena by saying, 'Turkey is a state of law,' I am compelled to pose my questions in the form of a written inquiry, and I request that they be answered within the fifteen-day period stipulated in Article 98 of the Constitution.

In this context;

1) Pursuant to Article 58 of Law No. 1136, the initiation of an investigation against lawyers due to their duties is subject to the permission of the Ministry of Justice. Despite this, within the scope of the IMM investigations, 6 lawyers were accused of acts related to their legal practice, investigations were opened against them without the permission of the Ministry of Justice, detention procedures were carried out, and Lawyer Mehmet Pehlivan was arrested. However, permission was requested from the Ministry before an investigation was opened against former Justice and Development Party MKYK member Lawyer Mücahit Birinci, who is the subject of a complaint for visiting a detainee, forcing them to sign a prepared statement, and demanding 2 million dollars. Mücahit Birinci was called to testify 13 days later, was not held in detention for a single day, and was released on the same day. What is the reason for the difference between these two situations? Is a dual legal system being operated in Turkey, where different practices are applied to those close to the government and different ones to other citizens?

2) Lawyer Mehmet Pehlivan went to give a statement upon being summoned by the prosecutor's office but was arrested on the allegation of "flight risk." In contrast, Lawyer Mehmet Yıldırım, who was stated to have met with some detainees, claimed to have spoken with the investigating prosecutor, and promised that they would be released if they provided the requested statement, was not arrested despite being caught in Antalya while attempting to flee abroad, and was instead placed under house arrest. The prosecutor's office explained that this decision was made on the grounds of a "prohibition on arrest." However, while the prohibition on arrest is applied in crimes with a sentence of less than 2 years, the upper limit of the "influence peddling" crime directed at Mehmet Yıldırım is 5 years and can be extended up to 7 years at discretion. While Mehmet Pehlivan, who came to the courthouse on his own, was arrested on an allegation of a crime with an upper limit of 4 years, what is the justification for not arresting Mehmet Yıldırım, who was caught while fleeing abroad, for a crime with an upper limit of 7 years? Is a dual legal system being operated in Turkey, where different practices are applied to those close to the government and different ones to other citizens?

3) As Minister of Justice, you are also the Chairman of the Council of Judges and Prosecutors (HSK). In many of your statements, you claim that the judiciary is independent and impartial. As the Republican People's Party, we have filed official complaints with the HSK regarding the extra-legal practices of some prosecutors. We have presented all allegations to the HSK with documentation, ranging from a prosecutor sharing a photo of a 'White Toros'—the symbol of unsolved murders—to detainees being threatened with their families and forced to become 'informants,' and lawyers claiming to be in contact with prosecutors demanding bribes from detainees in exchange for release, to detainees who refuse to become 'informants' being exiled to the most remote prisons. Although you are authorized to call the HSK to a meeting according to Article 29 of Law No. 6087 to discuss these complaints, why do you not call the HSK to a meeting? In your statements, you make evaluations regarding the complaint file, deny the allegations, and issue verdict-like sentences. If Turkey is a state of law, how can you utter these verdict-like sentences without the HSK investigating the allegations?

4) Former Member of Parliament Mr. Aykut Erdoğdu is under arrest due to an alleged crime committed while he was a member of parliament. According to CMK 161, investigations regarding crimes committed by members of the TBMM during their term of office can be conducted by the Ankara Chief Public Prosecutor's Office. Despite this, why do you remain silent while the Istanbul Chief Public Prosecutor's Office conducts an investigation against Aykut Erdoğdu, causing the law to be trampled upon? Elected Adana Metropolitan Municipality Mayor Zeydan Karalar is currently under arrest in Istanbul within the scope of an investigation conducted by the Istanbul Chief Public Prosecutor's Office due to a crime allegedly committed in Adana 11 years ago. However, the file of the former MHP Kütahya Mayor, who was subject to the same accusation, was separated and sent to Kütahya. While Zeydan Karalar's investigation should also be heard in Adana, how do you turn a blind eye to this clear violation of law? Is a dual legal system being operated in Turkey, where different practices are applied to those close to the government and different ones to other citizens?

5) Regarding the mayors of the Justice and Development Party, 37 corruption files were prepared by the Istanbul Metropolitan Municipality and 97 by the Ankara Metropolitan Municipality, and all were delivered to the prosecutor's offices. However, the Ministry of Interior seized these files, and no investigation was conducted. There are hundreds of corruption files across the country involving Justice and Development Party municipalities that have been transferred to prosecutor's offices and announced to the public. However, judicial processes are not being operated regarding these either. If the judiciary is independent and impartial, why is a statement of complaint or a secret witness testimony considered grounds for detention and arrest regarding Republican People's Party municipalities, while no action is taken regarding allegations against Justice and Development Party municipalities? Is a dual legal system being operated in Turkey, where different practices are applied to those close to the government and different ones to other citizens?

6) Aziz İhsan Aktaş, who was arrested on the allegation of being a criminal organization leader and later released on the grounds of becoming an informant, has received tenders from numerous state institutions, primarily the TBMM, the Court of Cassation, the State Airports Authority, EÜAŞ, Turkish Airlines, Pamukkale and Uludağ Universities, and public hospitals, as well as from numerous Justice and Development Party municipalities, primarily in Trabzon, Kocaeli, Kahramanmaraş, Ordu, Elazığ, and Isparta. This person, who received 88 tenders from Republican People's Party municipalities, received a total of 300 tenders from Justice and Development Party municipalities. However, the only people who have undergone investigations, been detained, and arrested based on this person's statements are Republican People's Party Mayors. If Turkey is a state of law and the goal is to uphold the law, why are investigations not opened into the other municipalities from which this person received tenders? Is a dual legal system being operated in Turkey, where different practices are applied to those close to the government and different ones to other citizens?

7) While all these concrete cases are evident and trust in the judiciary in Turkey has fallen below 20% in many studies, do you, as the Minister of Justice, feel a sense of responsibility toward the nation, and are you disturbed by what is happening?"

News Source: 12punto