“No Legal Base for Investigations into Academics”
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Prosecutions against academics signing declaration entitled “We will not be a party to this crime” continue to be launched.
Investigation has been launched into 121 academics in Ankara University.
Prof. Dr. Yaman Akdeniz speaking to bianet said the investigations have no legal ground. He draws attention issues such as not making necessary regulations in the article of Higher Education Council (YÖK) law rescinded by Constitutional Court (AYM), requirement of notifying investigation notice written, not stating on what actions the academics will be investigated.
“Investigation cannot be launched according to YÖK law”
Second sentence of Law No. 2547 stating “Which disciplinary penalties will be applied to which actions, disciplinary procedures and authorizations of superiors of persons counted in this clause, procedures and principles practiced on state officers are regulated by Higher Education Council” was rescinded on January 14, 2015.
“The law is clear. They will not be able to perform retrospective practice after the law is changed”.
“YÖK notification is baseless as well”
The notification signed by YÖK President Yekta Saraç sent to the universities includes the following statements:
“A group of academics have described our country’s and government’s fight against terror as massacre and slaughter via a declaration they released. I kindly request necessary procedures to be initiated as to the academic staff signing the aforementioned declaration, and our Presidency to be informed”.
Akdeniz said this notification is baseless as well.
“There is no explanation as to what that necessary procedure is or performed on basis of what”.
“The investigations have been started on what disciplinary crime?”
The same issue continues in not stating on what disciplinary crime has become a ground for the investigations.
“Considering academics members state officers is not possible. Besides, disciplinary crimes should be attached to duty. It is not clear what kind of crime signing this declaration constitutes”.
“Fair plea is impossible”
Akdeniz states that it is not possible for an academic member to defend himself/herself without those information.
“It is not possible to know what they are charged for, and its association with their duty.
“The academics will have to state that they are lacking in procedural assurance and an investigation launched like this has no basis. It is not possible to plead on principle”. (BK/TK)