REPUBLIC OF TÜRKİYE MINISTRY OF JUSTICE

MINISTER TUNÇ: THE RULE OF LAW IS ONE OF THE MAINSTAYS OF OUR DEMOCRACY AND MODERN PUBLIC ADMINISTRATION

Justice Minister Tunç stated, “The rule of law is one of the mainstays of our democracy and modern public administration”.

Minister Tunç met with representatives of international media outlets at Dolmabahçe Presidential Office.

In his speech, wishing success to the members of the press, who are conducting their duties by observing the principle of imparting news all across the world in a correct, impartial and instant manner and thereby delivering on an important responsibility, Minister Yılmaz Tunç thanked the Presidential Directorate of Communications for their contributions in the organization of this meeting.  

He expressed that, according to Article 9 of the Constitution, judicial power is exercised by impartial and independent courts, and according to Article 10, everyone is equal before the law and no one, family, group or class shall be granted privileges.

Recalling that Article 138 of the Constitution regulates the independence of courts, Mr. Tunç underlined that judges deliver rulings in accordance with the Constitution, the law and justice and their conscientious conviction.

He noted that, no organ, authority, office or individual may give orders and instructions to courts and judges in the exercise of judicial power, neither shall they send circulars, make recommendations or suggestions.

Emphasizing that, according to Article 38 of the Constitution, no one shall be considered guilty unless proven guilty by a court ruling, Minister Tunç added, “Türkiye has internalised the principle of the rule of law not only as a constitutional principle, but also as a way of life despite anti-democratic interventions, and has never given up to take strong and decisive steps in that direction. The rule of law is one of the mainstays of our democracy and modern public administration”.

He underscored the wording of “Justice is the foundation of the state” means the survival of the state as well as the protection of human dignity and establishment of social peace.

Minister Tunç added they have undertaken significant reforms in the past 23 years in order to ensure the rule of law, further expand fundamental rights and freedoms, strengthen freedom of thought and expression – sine qua non of democracy – and uphold the rule of law without any compromise in Türkiye.

Minister Tunç noted Türkiye’s reforms undertaken to make these fundamental principles institutional and long lasting are closely followed not only at the national level but also at the international level. With the fourth “Judicial Reform Strategy Document” unveiled by President Recep Tayyip Erdoğan in the beginning of this year, the reformist will has continued.

He explained that through constitutional amendments and other reforms, Türkiye has strengthened fundamental rights and freedoms in all areas—from women’s and children’s rights to freedom of thought and expression, and the right to a fair trial, and has removed obstacles before the exercise of political rights and freedoms. Institutions such as the National Security Council, the Supreme Military Council, the Council of Judges and Prosecutors, and the Constitutional Court have been restructured to further reinforce the country’s democratic state governed by the rule of law.

INVESTIGATION INTO THE İSTANBUL METROPOLITAN MUNICIPALITY

Minister Tunç commented on the investigation by stating that, “As it is known, 2 separate investigations were launched by İstanbul Chief Public Prosecutor’s Office last week involving 106 suspects, including the Mayor of İstanbul Metropolitan Municipality”.  

He added that there are 7 suspects in the ongoing investigation carried out by Terrorist Offences Investigation Bureau, and there are allegations about these persons for committing the offence of “aiding a terrorist organization in collaboration with others”.

Justice Minister Tunç stated that within the scope of this investigation, 3 suspects have been arrested, one is under judicial control, arrest warrants have been issued for 2 suspects and one remains in detention.

In the other investigation carried out by Organized Crimes Investigation Bureau, Tunç explained that there are allegations of commission of the offences of “bribery, embezzlement, bid rigging, qualified fraud, and unlawful acquisition of personal data” within the scope of “profit-oriented criminal organization”, and 48 suspects have been arrested under this investigation. He added that out of 106 individuals, who were subject to detention, 51 were arrested, 41 suspects remained under judicial control and detention procedures are ongoing for 14 suspects.

As it can be understood from the statement of İstanbul Chief Public Prosecutor’s Office on the investigation, Minister Tunç highlighted that the investigation files contain reports from the Financial Crimes Investigation Board (MASAK), tax expert examinations, referral reports by civil inspectors, witness testimonies, and other evidence. He went on as follows:

“Within this scope, the allegations that there were irregularities in tenders through certain private persons and companies by general managers or executives with managerial powers in İstanbul Metropolitan Municipality subsidiaries, advertisement revenues and other departments; the allegations that those companies awarded with tenders were forced into different acts and transactions to obtain financial gain and thereby unlawful gain was generated by transferring to the suspects’ companies unlawfully acquired money or money from unknown sources, the allegations that certain municipal officials abused their licensing powers to demand illegal benefits from relevant persons and imposed heavy fines on those who refused to pay, the allegation that personal data was acquired through an application developed by the media units of the municipality, allegation that certain amount of the revenues acquired from outdoor advertisement spaces tendered by İstanbul Metropolitan Municipality subsidiaries was funnelled to the suspects, and that amount was transferred via fake invoices as if a contract was made between the companies awarded with the tender and shell companies, the allegation in the investigation which became public by money-counting footage during the purchase of CHP İstanbul Provincial Office building that unjust gain was acquired by acting unlawfully together with certain businessmen, allegation that the suspects, through inflated bids by the companies registered both in their names and in the names of their employees, were awarded with contracts from municipality subsidiaries, by determining final prices themselves and securing contracts far above their actual value and failed to perform some of the works undertaken and some of them were reported as having completed with fake invoices to launder the proceeds of crime, were all shared with public by İstanbul Chief Public Prosecutor’s Office at the beginning of the investigation on 19 March”.

Minister Tunç emphasized that, from the beginning of detentions, certain circles have attempted to portray the investigation as politically motivated without knowing its content, without reviewing the allegations or defence, without knowing the details of the case file, or having any knowledge of the evidence, and tried to pressure the investigating authorities. He added: “Within this framework, they have made unjust, unlawful, unfounded, and disrespectful accusations against our President and tried to link a judicial investigation to him. We categorically reject these irresponsible statements”.

IT IS INCONCEIVABLE FOR THE PROSECUTION NOT TO LAUNCH AN INVESTIGATION AFTER BECOMING AWARE OF THESE ALLEGATIONS

Justice Minister Tunç underlined that the investigation is carried out by totally independent judicial authorities and added:

“It is inconceivable for the prosecution authority not to launch an investigation after becoming aware of these allegations. Indeed, according to Article 160 of our Criminal Procedure Code, titled “The Duty of the Public Prosecutor Upon Learning of a Crime”, as soon as a public prosecutor becomes aware, through a report or by other means, of a situation that gives the impression of commission of a crime, they shall immediately begin investigating the matter to determine whether there is sufficient ground to file a public lawsuit. The public prosecutor, through judicial law enforcement officers under their command, is obliged to collect and preserve evidence in favour of and against the suspect and to protect the suspect’s rights in order to investigate the material truth and to conduct a fair trial. İstanbul Chief Public Prosecutor’s Office is carrying out duties in line with this binding provision and conducting the investigation with all aspects with great diligence and sensitivity”.

Explaining that there is disinformation concerning the investigation, Minister Tunç went on as follows:

“We do not find it appropriate to disseminate disinformation about the investigations or to make statements towards misleading the public. During the investigation phase, the allegations, defence, and evidence will be assessed and when the confidentiality of the investigation is lifted, the material truth will be uncovered will all evidence, whether they are in favour or against, and the result will be visible to the public in a transparent manner. The impartial and independent Turkish judiciary must be trusted. All legal remedies within the judiciary are fully available and judicial procedures are subject to internal oversight. For the full and proper administration of justice, it is our shared responsibility to follow the process calmly and to respect the decision that will be emerge. Everyone must await the conclusion of the investigation stage of the ongoing legal process without interference or making speculative comments. Intervening in legal proceedings is against the rule of law, which is one of the fundamental principles of democracy”.

He said: “Unfortunately, we regret to see that some recent statements made in the international community have overlooked this fundamental principle. We categorically reject such prejudiced and double-standard attitude towards Türkiye”.

Adding that: “In countries where such statements are made, it is known that many politicians and government officials have been subject to judicial investigations and prosecutions. Therefore, our biggest expectation is our European friends will approach the matter with common sense, which is a requirement of respect for our domestic law, and wait for the result of the ongoing investigation in a responsible manner”.