CHP files complaint with HSK against Akın Gürlek and two prosecutors

The Republican People's Party (CHP) has filed a complaint with the Council of Judges and Prosecutors (HSK) against Istanbul Chief Public Prosecutor Akın Gürlek and two prosecutors involved in investigations into the Istanbul Metropolitan Municipality, citing conduct contrary to judicial ethics and the law. In its criminal complaint, the CHP emphasized that the process being conducted through the judiciary has become systematic and that constitutional rights are being severely violated.

REACTION TO THE 'WHITE TOROS'

The petition strongly criticized the fact that one of the prosecutors conducting the investigation kept a model of a white Toros car in their office and shared a photograph taken with this object on social media.

The "white Toros" is etched in public memory as a symbol associated with enforced disappearances and torture during the 1990s. The CHP stated that this post was not only an attack on human rights but also a clear assault on the impartiality of the judiciary.

The statement characterized the use of such symbols by prosecutors performing public duties as a "provocative and malicious attitude."

ALLEGATIONS OF CONSTITUTIONAL AND ECHR VIOLATIONS

The CHP stated that certain prosecutors at the Istanbul Courthouse have violated universal human rights, including the presumption of innocence, the right to a fair trial, and the right to defense. It was argued that the ongoing investigations represent not only individual grievances but also a direct interference with the will of the people.

The petition explicitly stated that the prosecutor's office has acted in violation of ECHR case law through press releases and media manipulations aimed at influencing public opinion.

"THE RIGHT TO DEFENSE IS BEING OBSTRUCTED, ACCESS TO FILES IS BEING RESTRICTED"

The CHP's complaint petition specifically highlighted obstructions to the right to defense. It stated that lawyers' access to files is being arbitrarily restricted and that legal defense is being systematically hindered.

It was emphasized that these practices "cast a shadow over the independence and impartiality of the judiciary and eliminate the principle of a fair trial."

"PUBLIC OFFICIALS ARE NOT EXEMPT FROM THE CONSTITUTION"

The petition stated that "the principle of the rule of law, guaranteed by Article 2 of the Constitution, is binding not only for citizens but also for those who exercise public power," and reminded that no public official has the authority to violate universal human rights or the guarantees provided by the Constitution.

It was requested that the complained-of prosecutors be investigated for crimes such as "misconduct in office, violation of the confidentiality of an investigation, defamation, slander, and deprivation of liberty." Furthermore, it was requested that their behaviors, which are contrary to the European Charter on the Ethics for Judges and the Turkish Judicial Ethics Declaration, also be taken into consideration.

"THIS IS NOT A LEGAL PROCESS, BUT A POLITICAL OPERATION"

CHP Deputy Chairperson and official responsible for Election and Party Legal Affairs, Gül Çiftci, reacted strongly to the judicial process in her statement, saying the following:

"What we are seeing is not a trial, but a judicial operation directed straight from the center of politics. The prosecutor's office is overstepping the boundaries of the law and positioning itself according to the executive's agenda. The goal is to silence the opposition and punish our mayors and legal professionals."

OPEN CALL TO THE HSK: "DO YOUR DUTY"

Çiftci called on the HSK to take action:

"It is not a choice, but a constitutional obligation for the Council of Judges and Prosecutors to act immediately and independently in the face of these unlawful practices. Otherwise, the legitimacy of the judiciary will completely collapse; public trust in the law and social peace will be irreparably damaged."

News Source: 12punto