April 29, 2015

Why insist on detention?

Erhan Başyurt

The court opinion on the decision to release Samanyolu Group Chairman Hidayet Karaca and the 62 police officers is quite clear.

First, there is the following declaration: “The examined documents do not reveal any fact or evidence indicating strong suspicion of crime; moreover, there are not even facts or evidence at the level of “adequate suspicion”, which according to Article 170 of the Criminal Procedure Code [CMK], should be required for the bill of indictment.”

The fact that there is still no bill of indictment for the police officers, kept under detention since nine months, is in itself a clear suggestion that the judge’s assessment is right. The judge, who was suspended from office by the Supreme Board of Judges and Prosecutors (HSYK) after holding an “urgent meeting” – because he did what he had to do – said, “Indeed, the Criminal Judge of Peace who ruled for the arrests did not mention each of the facts on which he based his decision.”

Second, it was stated that in view of the ECtHR’s Neumeister ruling, there was no grounds to prolong the suspects’ detention during trial.

The opinion underlined that “the suspects are enforcement officers and one of them, Hidayet Karaca, is a journalist; their place of residence is known and most of them surrendered at their own will. These facts and the documents clearly suggest that there is no suspicion that they will try to escape.”

Referring to Article 109 of the CMK, the judge reminded the court of the “moderation” principle and pointed out that during trials without arrest, even the measure of Judicial Control is not a necessity.

Besides, referring to ECtHR rulings, the Constitutional Court emphasizes that the prolongation of detention is arbitrary.

As a result, the 32nd Criminal Court of First Instance’s ruling is quite clear, containing national and international legal opinions.

So why do politicians unfairly insist on prolonging this detention?

The truth is that since the very first day, there is a perception operation under the guise of a “parallel paranoia.” A purge is going on in the police department.

The arrest of our journalist colleague Karaca, which was based on fictional statements taking place in the script of a TV series, is in itself a proof of the lawlessness that is being committed.

The evidential images that belong to the “crime” attributed to Karaca can be found on YouTube.

In other words, there is no evidence necessitating imprisonment pending trial; there is no risk the evidence will be destroyed.

Even the judge acknowledges that Karaca is no flight risk, as he willingly surrendered.

And here we should be reminded of the confession from Prosecutor Salim Başol, who gave a death sentence to Adnan Menderes on May 27.
“What can I do? This is the will of the powers who put you here…”
The politicians’ claims of a “judicial coup” regarding the court decision, the tears of the prosecutor, who couldn’t execute the release ruling, and the fear for one’s life – these all suggest that Salim Başol’s confession applies to this case as well.

It is clear that politicians will do everything to prevent the release of innocent people, who are “not detainees, but captives,” even if there are rulings by the High Court of Appeals, the Constitutional Court or the ECtHR (let alone the Criminal Court of First Instance).

Published on BGNNews, 29 April 2015, Wednesday