Former YARSAV President Eminağaoğlu on Akın Gürlek: 'A first in the history of the Republic'

Former President of the Union of Judges and Prosecutors (YARSAV) Ömer Faruk Eminağaoğlu spoke to 12punto regarding the appointment of Akın Gürlek as Minister of Justice.

Akın Gürlek, who led operations against CHP-affiliated municipalities and managed the operation against Ekrem İmamoğlu, was appointed Minister of Justice by the Presidential appointment decision numbered 2026/51 dated February 10, 2026, published in the Official Gazette. Former YARSAV President Ömer Faruk Eminağaoğlu spoke to 12punto regarding the decision.

'FOR THE FIRST TIME IN THE HISTORY OF THE REPUBLIC'

Eminağaoğlu evaluated the process and reason for Akın Gürlek's appointment as follows:

"According to Article 140 of the Constitution, a prosecutor cannot be appointed to an official position not specified in the laws without resigning. I assume Akın Gürlek must have resigned as of yesterday.

For the first time in the history of the Republic, a prosecutor has been appointed as Minister of Justice by a partisan President while still in office. This situation is a very concrete example of how politicized the judiciary has become and what has become of judicial independence.

The performance Akın Gürlek displayed during his tenure in Istanbul must have led to his appointment to this position. Akın Gürlek will now also serve in the capacity of HSK (Council of Judges and Prosecutors) President. This means that what happened in Istanbul can now happen everywhere in Turkey through the HSK. One should also not forget that by being made a Minister, he has also been cloaked in a shield of immunity."

'DIFFICULTIES ARE INCREASING FURTHER'

When asked what kind of atmosphere awaits Turkey after this decision, Eminağaoğlu replied: "The difficulties experienced in Turkey are increasing day by day. Neither the Grand National Assembly of Turkey (TBMM) nor the judiciary can limit the government. There is no constitutional institution left whose structure has not been interfered with. The judiciary has become a weapon beyond being a tool.

There is no option left but to struggle in unity and solidarity with our people, led by bar associations, democratic mass organizations, the press, and all opposition parties."

'ONE MUST CONTINUE THE STRUGGLE'

Eminağaoğlu explained what Gürlek's appointment as Minister of Justice signifies: "Elections are gradually approaching. In terms of election law, election judges have no constitutional guarantees. Election judges are determined by lottery among 'volunteers' in their respective locations. The AKP changed the rule that the senior judge should be the election judge. Now, either no one will be willing to enter the lottery, or if those the AKP does not like are chosen by lottery, the HSK will be able to appoint those people elsewhere. Many problems similar to the ones in Istanbul...

In short, this is a period where the judiciary is not a guarantee but a danger for rights and freedoms, and where not the rule of law, but power and the law of the powerful are effective. Of course, one must defend the state of law and continue the struggle."

News: Cenk Başboğaoğlu

News Source: 12punto