Since July 15 coup attempt, hundreds of judges and prosecutors have been kept in solitary confinement cells contrary to provisions for taking into cells are designed in Execution of Criminal Law Code no 5275 Article 44 (violating the prison regulation) and 63 (being dangerous convicts).
None of arrested judges and prosecutors violate the prison regulations and are dangerous. Thus, we have to consider real reasons behind this isolation implementation.
Just look at the news about former chief prosecutor Huseyin Bas who has been kept in solitary confinement cell since July 2016.
Mr. Bas’ prosecution office was investigating harbor corruption in which the name of current Prime Minister Binali Yıldırım’s relatives are also involved. At the time of detaining suspects, justice minister (current deputy prime minister) Bekir Bozdag and undersecretary of justice ministry Kenan Ipek (later promoted as member of Supreme Appeal Court) called up Mr. Bas and forced him to stop investigation. Mr. Bas refused illegal orders and took the minute of this phone conversation in 2014. Mr Bas was firstly expelled and after July 2016 dismissed and arrested.
Here is the news and translation of minute:
The minutes, recorded by the Province of İzmir Chief Public Prosecutor, Hüseyin Bas, on January 7, 2014 and attached to the official letter, denouncing the conversation between the Undersecretary of Ministry of Justice and Hüseyin Baş and submitted on January 10, 2014, reveals the following information:
“ Within the context of Investigation Document No. 2011/12445, conducted by our Chief Public Prosecutors’ Office on the issue of offences of forming a criminal organization with the intention of securing benefit, conducting a criminal organization, having a membership in a criminal organization, bribery, corruption in tenders, extortion, qualified plunder; an investigation was carried on by the help of taking precautionary measures such as supervising of communication and following with technical tools, like taking a photo or video recording as the articles 135 and 140 of Criminal Procedure Code No.5271 require. Afterwards, following the evaluation of expert reports, the catching of the suspects warrants and search warrants were issused by the competent court on January 6, 2014 and then those warrants were submitted to the Province of İzmir Security General Directorate for execution of them after work.
When I was at home, my phone, 05305275135, was called by the secretary of Kenan İpek, Undersecretary of Ministry of Justice, from his office, and the secretary told me that Kenan İpek wants to have a phone call with me at 19:38 on January 6, 2104. Firstly, he inquired after my health and then asked about the process of the investigation, conducted. I informed him about it shortly. Upon this, he demanded me to cease the investigation process urgently and also change the public prosecutor, carrying out the investigation and added that he was waiting in his office in order that I let him know the conclusion. Although I explain him in detail that there is no undue or unlawful procedure in the investigation proceedings in law and in practice, he insisted that I cease ongoing investigation, change the public prosecutor, carrying out the investigation and also retake the court verdicts (search and catching warrants) from the law enforcement agencies aftermath of a 4-minute-phone call. Telling again that he is waiting for the reply, he turned off the phone.
Later at 22:31, calling me again, Undersecretary of the Ministry of Justice asked what I had done. In response, I kindly explained him in detail that, all the proceedings were in line with the principles of law and there was no need for interference to the investigation process. Then, adressing me, he told that: “At this time of the night, go ahead and change that prosecutor, carrying out the investigation, cease the investigation and cancel all the proceedings up to now, otherwise, you bear a loss of disobedience.”
I refused to put his demand, looking like an order, into practice , due to all the proceedings with regard to the conduction of investigation were in accordance with the law and in full respect for the fundemental rights.
This minute, representing the conversation between Kenan İpek and me, taking place at 19:38 and 22:31 on January 6, 2014, was recorded and signed by myself . 07.01.2014”