‘How come the appointed rector has prior knowledge of court rulings?’

"Autonomous, free, democratic university" (*Photo: Boğaziçi Academics)

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The Plenary Session of Administrative Law Chambers of the Council of State pronounced its ruling regarding the application seeking the stay of execution of the decision which foresees the establishment of a law faculty at Boğaziçi University yesterday (March 24).

According to the ruling notified to Fırat Kuyurtar, the lawyer of Boğaziçi academics, the application has been rejected by a majority of votes. However, the ruling pronounced by the high court yesterday had been shared with the public by appointed rector Naci İnci two days before.

On March 22, İnci released a written statement in response to the criticism of "irregularities" raised by main opposition Republican People's Party (CHP) Chair Kemal Kılıçdaroğlu. İnci briefly said:

"While the request for the stay of execution of the establishment of the Law Faculty, which was allegedly against the laws, was rejected by court, the appeal against this ruling has been definitely rejected by the Council of State. Therefore, the allegation that the newly established faculties are against the law are completely devoid of any foundation".

Lawyer Kuyurtar said, "Normally, a court ruling is not pronounced as long as it is not signed by all judges constituting the court board, the public cannot learn about it. What Naci İnci did is an utter irregularity".

'He unduly learned about it beforehand'

The academics' lawyer Kuyurtar has recalled that something similar had happened before: "In the trial of Nedim Malkoç, who was unduly appointed to the position of a general secretary, Naci İnci announced it at the Senate 10 days before the court ruling was pronounced".

The lawyer has shared the following information:

"In the recent incident, the Council of State gave the ruling on February 22, but the ruling was written down and signed on March 24. I was notified of the ruling on the same day. But the rector, in his statement on March 22, admitted that he had prior knowledge of the ruling.

"He says, 'The request for a stay of execution has been rejected, the appeal against it has also been rejected'.

"The rector must have received this information from the Council of Higher Education (YÖK) or the Presidency. Because we cannot learn about the rulings before the signatures are completed and the signatures were completed yesterday. So, when this statement was made, there was no such ruling. They obtained prior knowledge of its with an undue method".

'He learns through special channels'

Saying that İnci might learn about the rulings "through special channels", Kuyurtar added, "We wonder what kind of a relationship they are in with the court". The lawyer also underlined the following points:

We cannot obtain court rulings beforehand; the people who can obtain it must have special contacts. Otherwise, it is not possible. We have asked how İnci learned about the ruling and we are now expecting his answer. Even the sides of the file cannot learn about it beforehand. Naci İnci is not even the side of the file.

What happened?

Amid the ongoing protests against the appointment of Prof. Melih Bulu as a rector to Boğaziçi University by President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan, another Presidential decree was published in the Official Gazette in February 2022, foreseeing the establishment of Law and Communication faculties at the university.

The academics of Boğaziçi University appealed against both the establishment of the faculties and the appointment of Prof. Selami Kuran as a dean of the Law Faculty by the Council of Higher Education (YÖK).

At the Boğaziçi Senate meeting on February 2, 2022, it was decided by a majority of votes despite the objections of some members that the BA program of the Law Faculty should be sent to the YÖK. (RT/SD)