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Lawsuit against MİT, TİB and the police

Ankara: Radikal | 12/23/2009 12:00:00 AM |

The Sincan High Criminal Court has revoked the “nonsuit” decision of the Ankara Chief Public Prosecutor's Office on the criminal complaint about the phones of Ömer Faruk Eminağaoğlu being tapped. Personnel of the National Intelligence Agency, or MİT; the police and the Telecommunication Transmission Directorate, or TİB, will be heard in court on the matter.

A criminal complaint filed by Ömer Faruk Eminağaoğlu, former chairman of the Judges and Prosecutors Association, or YARSAV, concerning the tapping of his and his associations’ phones and monitoring of their computers will finally make it to the court as a law case.

The Sincan High Criminal Court has revoked the “nonsuit” decision of the Ankara Chief Public Prosecutor's Office on the matter. Eminağaoğlu’s criminal complaint is against the personnel of the National Intelligence Agency, or MİT; the police; and the Telecommunication Transmission Directorate, or TİB.

[HH] The letter that started it all

The country’s agenda was shaken on Dec. 10, when it was revealed that Istanbul Chief Prosecutor Aykut Cengiz Engin, under whom all prosecutors of the Ergenekon case are working, and the Supreme Court of Appeals’ switchboard had been tapped since November 2008 as part of the Ergenekon case, which is an investigation into an alleged gang accused of aiming to topple the government by creating turmoil in society.

It was revealed that the 11th Istanbul High Criminal Court tapped Engin and the Supreme Court of Appeals upon an order from the Justice Ministry Inspection Committee. It was also revealed that Eminağaoğlu’s communications were being monitored as well. The truth about Engin and other members of the judiciary being tapped was revealed when the Justice Ministry Inspection Committee sent a letter to the court to ask for a three-month extension for the wiretapping of Engin.

In its letter to the 11th Istanbul High Criminal Court, the Justice Ministry asked the court to wiretap the mentioned parties saying that it was necessary in order to clarify whether they had links to the suspects in the Ergenekon case.

The TİB held a press conference after the story made the press and refuted the allegations. The president of the directorate, Fethi Şimşek, said the directorate did not wiretap the Supreme Court of Appeals or the YARSAV. He said the directorate could not wiretap the court because of technical peculiarities of the court’s switchboard.

[HH] The complaint will be heard in court

Eminağaoğlu’s criminal complaint on the matter was denied by the Ankara Chief Public Prosecutor's Office by the “nonsuit” decision as there was “no need for an investigation against civil servants,” according to the office. As the Sincan High Criminal Court revoked the decision by evaluating the complaint as “just,” the law case against MİT, TİB and the police will be heard in court.

The Sincan High Criminal Court also decided to file criminal complaints against TİB President Şimşek, the chairman of the technical office of TİB and an MİT representative in regards to preventing the back up of the wiretappings of Eminağaoğlu during an inspection made at the directorate on the matter. The criminal complaints are for preventing a judicial investigation and professional misconduct. Also, the court decided to file criminal complaints on 22 judges in different provinces because of the interlocutory injunction decisions they made on the mentioned inspection with the charges of attempting to influence the judicial process.

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