Turkey: Immunity lifted, seven deputies now face trial

[ozgurluk at xs4all.nl]

24 July,1998, Copyright © Turkish Daily News

Immunity lifted, seven deputies now face trial 

     Under Turkish law, immunity must be lifted for each separate
accusation that is to be prosecuted

Ankara - Turkish Daily News 

In the history of the Turkish Republic, legislative immunity for 49
parliamentarians, made up of 39 deputies and 10 senators, has been
suspended, exposing them to prosecution, reported the Anatolia news
agency.

This is the first time since 1994 that Parliament has experienced a
situation where parliamentary immunities have been lifted. The
Constitution-Justice Joint Commission led by Atila Sav has completed
114 of the 120 case files submitted. Following the suspensions of
immunity for Mehmet Agar and Sedat Bucak, two True Path Party (DYP)
deputies, for their alleged involvement in conspiracy, the committee
has finalized 28 additional case files pertaining to seven
deputies. Under Turkish law, immunity must be lifted for each separate
accusation that is to be prosecuted.

Kalemli case is next in line 

It is expected that the immunity of six other deputies, including that
of Mustafa Kalemli, the former speaker of the house, and Omer Bilgin,
a DYP deputy from Isparta, will also be suspended next week by
Parliament, in conformance with the decision taken by the Joint
Commission. Two other case files also await inclusion on the agenda,
one relating to Mehmet Agar, who is accused of authorizing a false gun
licence for Abdullah Catli (A key figure in the so-called Susurluk
state gang scandal), and two other case files accusing Ramazan
Yenidede, a Virtue Party (FP) deputy, of slander.

Seven deputies are now exposed to prosecution 

The immunities of seven deputies have been suspended for alleged
involvement in the following crimes: Omer Bilgin, a DYP deputy from
Isparta, for abuse of power, forgery on official documents and
corruption in tender procedures; Mehmet Agar, DYP deputy from Elazig,
for ordering the release of Yasar Oz, a drug trafficker; Mustafa
Bayram, FP deputy from Gaziantep, for first degree murder; Kahraman
Emmioglu, FP deputy from Gaziantep, for smuggling; Kemal Akyurt, DYP
deputy from Denizli, for embezzlement of funds belonging to a client;
Murat Karayalcin, Republican Peoples' Party (CHP) deputy from Samsun,
for abuse of power.

The Joint Commission first reached an agreement that it was not
necessary to suspend Murat Karayalcin's immunity. Karayalcin requested
that his immunity be suspended so he would have the opportunity to
clear his name in the judicial system and his request was consequently
approved. Sema Piskinsut, DYP deputy from Aydin, disagreed with the
commission's decision to postpone a decision on her case file until
the end of the current term, however, she also requested to be given
the opportunity to clear her honor and her request was ultimately
granted.

First organized crime accusation 

Parliament had suspended the immunities of both Mehmet Agar and Sedat
Bucak during December so that they can be put on trial to face charges
of "forming a gang with criminal intent." This was the first time ever
that the immunities of deputies had been suspended by Parliament
because of organized crime.

Mehmet Agar's trial has turned into a judicial nightmare, as he
committed the alleged crimes during a period in which he was serving
as a state employee. State Security Court (DGM) No.6 declared the case
beyond its jurisdiction during the first hearing, however, the High
Court of Appeals overturned the decision and decided that Agar's trial
must be conducted in compliance with the law on trial procedures for a
civil servant, which stipulates that civil servants may not be brought
to trial on issues related to their work unless a prior consent in
writing is obtained from their superiors.  Consequently, the case file
will now be forwarded to the Interior Ministry where it will be
reviewed by the Ministerial Investigation Committee. A report of the
review will then be forwarded to the Council of State where the final
decision on whether Agar would be brought to trial will be made. The
cross-examination of Sedat Bucak, a deputy from Sanliurfa, on the
other hand, has already commenced at the DGM in Istanbul.

Democracy Party deputies serving time 

Democracy Party (DEP) deputies Hatip Dicle, Orhan Dogan, Leyla Zana,
Sirri Sakik, Mahmut Alinak, Selim Sadak and Ahmet Turk, whose
legislative immunities were lifted in 1994 because of separatist
activities, have been brought to trial. Of these, Zana, Dicle, Sadak
and Dogan are already serving time in jail.

-- 
Press Agency Ozgurluk
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