Akın Gürlek allegations brought to the TBMM agenda: 'Can a member of the judiciary receive a salary from the executive branch?'

CHP Group Deputy Chairman Murat Emir has brought to the agenda of the Turkish Grand National Assembly (TBMM) the allegations, which CHP Chairman Özgür Özel revealed with documents, that Istanbul Chief Public Prosecutor Akın Gürlek served as a board member at a public company affiliated with the executive branch and received additional income for this role. Emir submitted a parliamentary question for Minister of Justice and Chairman of the Council of Judges and Prosecutors (HSK) Yılmaz Tunç to answer.

'A GRAVE PICTURE'

In his parliamentary question, Group Deputy Chairman Murat Emir recalled that the principles of judicial independence and separation of powers are the fundamental pillars of a state of law. He stated that despite the clear provisions of the Judges and Prosecutors Law No. 2802, Istanbul Chief Public Prosecutor Akın Gürlek served as an administrator (Administrateur) at ETIMINE S.A., a Luxembourg-based subsidiary of Eti Maden İşletmeleri, which is affiliated with the Turkey Wealth Fund under the direct control of the executive branch.

Emir emphasized that allegations that the Chief Public Prosecutor was provided with additional income under the name of an "attendance fee" or salary in return for this appointment have caused serious public discomfort. Emir made the following statement regarding the matter: "A member of the judiciary obtaining financial benefits from a company directly affiliated with the executive branch casts a heavy shadow over the principles of separation of powers and an impartial judiciary envisioned by the Constitution. This situation is not merely an ethical issue; it is a threat to the essence of the rule of law. Can a member of the judiciary receive a salary from the executive branch? The fact that members of the judiciary are in a financial relationship with the executive branch undermines trust in the judiciary. The HSK and the Ministry of Justice cannot remain silent on this issue. If members of the judiciary are wearing their robes not for the law, but to receive a salary from the executive, this is the collapse of justice. Minister Tunç must make an explanation immediately."

Group Deputy Chairman Murat Emir directed the following questions to Minister of Justice Tunç in his motion:

1. Is it true that Istanbul Chief Public Prosecutor Akın Gürlek was appointed as an administrator at ETIMINE S.A., the foreign subsidiary of Eti Maden? If true, between which dates was the appointment valid?

2. Is the Chief Public Prosecutor's acceptance of this duty not contrary to the prohibition on 'engaging in other gainful employment' under the Judges and Prosecutors Law No. 2802? Was permission obtained from the HSK or any other institution regarding this matter?

3. Has Gürlek obtained income from ETIMINE S.A. under the name of an attendance fee or salary? If he has, what are these amounts?

4. How is a chief public prosecutor obtaining income from an institution affiliated with the executive branch reconciled with the principles of judicial independence and impartiality?

5. Has the Ministry or the HSK investigated whether there are other members of the judiciary serving in institutions under executive control in a similar manner?

6. Is it true that Gürlek's departure from his position at ETIMINE S.A. on August 6, 2025, coincides with the period when public debate intensified? Does the decision to leave the position belong to him, or was it communicated by the Ministry or the HSK?

7. According to Article 140 of our Constitution, those who are judges and prosecutors and work in administrative duties in justice services are subject to the provisions regarding judges and prosecutors. There are also allegations that the Istanbul Chief Public Prosecutor was appointed to a gainful position during his time as Deputy Minister of Justice. According to the mandatory provision of the Constitution, is his appointment to this position contrary to the Constitution and all relevant legislation, even in this case?

News Source: 12punto