Prosecutor's request to investigate MİT head rejected

Prosecutor's office is not expected to submit a petition to the Council of State regarding the prime minister's decision and that the investigation into the intelligence chief is expected to be closed soon

Prosecutor's request to investigate MİT head rejected

World Bulletin/News Desk

Prime Minister Recep Tayyip Erdoğan has refused to permit prosecutors to summon the national intelligence chief to testify regarding his involvement in the 2010 Oslo peace talks, the Sabah daily reported on Sunday.

In early March 2012, the İstanbul Public Prosecutor's Office sought special permission from the Prime Ministry to question National Intelligence Organization (MİT) Undersecretary Hakan Fidan and four other MİT officials in the investigation into the Kurdistan Communities Union (KCK), a Kurdistan Workers' Party (PKK)-linked terrorist organization. Prosecutors last year sought to hear Fidan's testimony regarding his involvement in the government's peace talks, called the Oslo talks, with the PKK in 2010. Almost a year on, Erdoğan has sent a written statement to the prosecutor's office turning down the request regarding Fidan. However, the prime minister has permitted the prosecutors to hear the testimony of the four other MİT officials, the daily claimed.

Sources said the prosecutor's office is not expected to submit a petition to the Council of State regarding the prime minister's decision and that the investigation into the intelligence chief is expected to be closed soon, the article said.

Retired Public Prosecutor Reşat Petek told Today's Zaman that it was an anticipated result, as Erdoğan, who made an amendment to necessitate the prime minister's permission to investigate the MİT undersecretary, was already expected to reject the request of the prosecutors.

As for whether Erdoğan's decision could be taken to the Council of State now, Petek said it was possible. “It can be inspected whether permission was required from the prime minister, whether that permission was sought from the prime minister himself, and whether the request was made properly. These are the issues that can be inspected [by the Council of State]. But an administrative court has no authority to make a judgment on whether the prime minister should have accepted the request or not,” Petek said.

Erdoğan's decision to reject the request came after he announced that the government had revived its peace initiative to disarm the PKK last month.

Last year, MİT appealed the move of the prosecutor's office to summon Fidan to testify, arguing that the prosecutor's office would have to seek the prime minister's permission, but the appeal was rejected.

The prosecutor was then taken off the case on the grounds that he had exceeded his authority, and the government proceeded to introduce a law that requires prosecutors to seek the prime minister's permission before summoning MİT officials for questioning. After Parliament approved the government-sponsored bill, the İstanbul Public Prosecutor's Office asked the Prime Ministry for authorization to question Fidan. Opposition parties and others have opposed the legislation on the grounds that it is designed to benefit certain people and hence runs contrary to the rule of law.

Reports in the media claim that, according to documents in the case file, the KCK was actually founded under MİT oversight. It has also been alleged that orders for some of the KCK's attacks were given from sources inside MİT. In addition, the Oslo meeting between MİT officials and representatives of the terrorist PKK in 2010 is also under investigation.

Last Mod: 03 Şubat 2013, 18:10
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