Decree law for protecting Erdoğan

Turkish government to enact new decree law to protect Turkish President his AKP under the guise of protecting Reza Zarrab
Monday, 11 December 2017 00:11

The Turkish government will introduce a statutory decree to protect Turkish President Recep Tayyip Erdoğan and his ruling Justice and Development Party (AKP) in accordance with the law no. 680

The testimony of Iranian-Turkish gold trader Reza Zarrab in the U.S. has reawakened the claims that shook Turkey after the corruption and bribery operations on December 17-25, 2013 involving many Turkish ministries, then-Prime Minister Erdoğan and his family. The fact that the debates, which were sparked during December 17-25 corruption and bribery operations has come to the fore in political agenda, confirms the theses claiming that the cases given the decision of non-prosecution earlier could be reopened by accepting Zarrab’s confessions as new evidence.

After the opposition began to strongly voice the motion for new trial and the involvement of Turkish President Recep Tayyip Erdoğan’s name in the U.S. courts during Reza Zarrab’s testimonies, Erdoğan has stepped into action to protect himself, Cumhuriyet daily reported. Reminding the decision of non-prosecution in Turkey, Erdoğan said, "Our jurisdiction had evaluated the allegations expressed in the court in the U.S. and rendered a verdict about them."

AKP'S CONDITION FOR RETRIAL: NEW EVIDENCE

Mustafa Şentop, the President of Constitutional Commission in the Parliament who is affiliated to the ruling Justice and Development Party (AKP), said that if there are new evidence and documents regarding corruption and bribery, then the demands for retrial can be considered.

AKP’S MANOEUVRES BY MEANS OF STATUTORY DECREES

Yet, the Turkish government has laid aggravated circumstances about opening a new judgement against Turkey and transforming it into a public prosecution through Zarrab’s confessions in the U.S. under favour of statutory decrees introduced during the state of emergency.

The Turkish government has made changes in the relevant article of the Code of Criminal Procedure regulating "the decisions of non-prosecution" with the statutory decree approved by the Council of Ministers held under the presidency of Recep Tayyip Erdoğan, who had earlier said "The judiciary has rendered a verdict about the issue".

With the relevant change in the Code, the new provision rules that "A criminal case [public prosecution] cannot be filed for the same reason after the decision of non-prosecution, unless a 'sufficient' evidence is provided to file a criminal case and unless a decision is made by the Magistrates' Judge in this respect". According to the former provision, it included only the part of "A criminal case [public prosecution] cannot be filed for the same reason after the decision of non-prosecution, unless a new evidence is provided to file a criminal case".

With the changes, the AKP government tries to obstruct judicial remedy for retrial demands of the opposition by putting the condition of "sufficient evidence" instead of "new evidence", and the necessity of Magistrates' Judge's decision.

THE TIMING IS IRONIC

The date of verdict and publication of the Decree Law No. 680, which includes this regulation, has drawn attention. The relevant decree had been approved by the Council of Ministers on January 2, 2017, and entered into force by being published in the official gazette on January 6, 2017. It is remarkable that this schedule was parallel to the date of the case filed against Reza Zarrab arrested in the United States.

Zarrab had appeared before the court in the U.S. in November 2016 -about 1 month before the relevant Decree-Law in Turkey. The case, which was planned to begin with the jury trial on January 23, 2017, had been adjourned to October 16, 2017, with the request of Zarrab’s attorneys. If the adjournment decision had not been made, the relevant Decree Law would be issued about two weeks before Zarrab’s testimony in the trial in U.S courts.