Istanbul Chief Public Prosecutor's office dismissed the criminal case on Erzincan Chief Public Prosecutor Ilhan Cihaner, "for lack of territorial jurisdiction" and returned the file to Erzurum Chief Prosecutor's office.
Istanbul Chief Public Prosecutor Aykut Cengiz Engin told reporters Monday that his office examined the case and declared lack of jurisdiction and decided to return the file to Erzurum, as subject matter of charges against Cihaner, all took place outside their jurisdiction territory.
Erzurum 2nd Criminal Court arrested Erzincan Chief Public Prosecutor Ilhan Cihaner under charges of being a member of the Ergenekon terrorist network, misconduct, slander and intimidation last Wednesday.
Cihaner was taken into custody by Erzincan Special Prosecutor Osman Yanal Tuesday after a raid into his office and residence.
In a counter-move, Supreme Board of Judges and Prosecutors (HSYK) stripped off Sanal and three other judges of their powers, and decided to make a criminal complaint for abuse of power, at an extra ordinary meeting.
HSYK ruled that Sanal and the three other prosecutors had no authority to prosecute a Chief Public prosecutor.
HSYK is known for its opposition to the ruling AK Party.
Supreme Court's Chief Public Prosecutor announced the same day that it launched a criminal investigation into alleged misconduct of Erzurum prosecutors.
Militant secularists were embedded in the judiciary.
Sanal sent the criminal file to Istanbul chief Public Prosecutor's office carrying out the Ergenekon investigation, on the grounds that all crime charges against Cihaner was committed within Ergenekon network.
The alleged criminal network that came to be known as "Ergenekon" was revealed after police seized 27 grenades, TNT explosives and fuses in a shanty house in Istanbul on June 12, 2007 and Istanbul Chief Prosecutor's Office launched an investigation into weapons.
Police waged several waves of operations in several provinces and detained dozens of people, including retired senior army officers, journalists, scholars and businessmen, for their alleged involvement in the network.
The 12th High Criminal Court which is hearing the case accepted three indictments with thousands of pages so far.
The culprits are charged with various crimes including attempting to overthrow the Turkish government with arms and acts of violence.
The series of events created a row between government officials including the Justice Minister Sadullah Ergin and HSYK and Supreme Court. Ergin who lashed out at HSYK said, "HSYK is an administrative board which does not have any judicial duties. HSYK made some decisions today by going beyond limits of its authorities. It is illegal and totally against both the Constitution and laws."
Many government officials including Premier Recep Tayyip Erdogan and Deputy Premier Bulent Arinc severely crtisized HSYK and Supreme Court of acting with political motivations, and saying that it was time for a judicial reform in Turkey.
Related news reports:Last Mod: 22 Şubat 2010, 16:27