Supreme Court of Appeal Annuls Ergenekon Decision
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Supreme Court of Appeal 16th Penal Chamber has revoked the decision on Ergenekon Case with 275 suspects on grounds of non-compliance with both procedural and substantive law.
The Supreme Court of Appeal has considered “not being able to submit concrete evidence to prove Ergenekon Organization’s existence”, a reason to annul the decision on substantive grounds.
Unlawful wiretapping and searches as well as declarations of anonymous witnesses, and wiretapping of MİT (National Intelligence Agency) members have been considered procedural revocation grounds.
No connection made to State of Council attack
Supreme Court of Appeal 16th Penal Chamber has found the decision of İstanbul 13th High Criminal Court in favor of the existence of Ergenekon organization against the law and has decided that the founder and leader of the organization was unknown.
The court has also decided that there is no legal and operational connection between the organization and the attack to the State of Council.
What will happen next?
Ergenekon Case suspect former Chief of General İlker Başbuğ’s Attorney Prof. Dr. Fatih Mahmutoğlu in his statement to Hürriyet daily has explained what is to happen next as follows:
* Following the decision of the Supreme Court of Appeal, the case will be referred to İstanbul 4th High Criminal Court.
* The cases will be separated based on different grounds of revocation.
* A decision will be made on whether to comply with the initial decision or to resist against it. Yet the Supreme Court of Appeal has ruled that “Ergenekon Terrorist Organization” did not exist.
Attorney Mahmutoğlu has noted that with regards to his client Başbuğ, the case would be referred to the Public Chief Prosecution, permission would be requested from the Prime Ministry and has added “We assume that the permission would not be granted and the case would be dismissed with regards to İlker Başbuğ”. (AS/DG)