Kemal Aytaç, one of the lawyers of weekly Agos, Armenian-Turkish newspaper, demanded resignation of Hakkı Yalçınkaya, the judge of the 2nd Criminal Court of First Instance of Şişli, Istanbul, who prosecuted and sentenced Hrant Dink, Arat Dink and Serkis Seropyan, or his removal from his position by the Ministry of Interior.
It is claimed that Judge Yalçınkaya had asked Kemal Kerinçsiz, during a phone conversation, before he was arrested for the Ergenekon investigation, if he had any orders for him.
“If it is true he should resign, otherwise the ministry should launch an investigation”
Aytaç said, “It is unbelievable. He was my classmate as well. They are humans, too; there can be a close relationship at some level. However, if this allegation is true then the judge should resign, if not, then the ministry should launch an investigation and remove him from his post.”
It is found out that the Director-General of the Criminal Matters of the Ministry of Justice already launched an inspection regarding Yalçınkaya’s ruling of one and a half year prison sentence in Zihni Çakır case.
“The rulings against Agos may be subject to new discussions”
Emphasizing that the past rulings regarding Agos may be subject to reevaluation, Aytaç says, “This is a new situation. This judge has lost his credibility in the eyes of the public. Then, his rulings in the past cases should be reevaluated.”
“The citizens who will face this judge now on will not trust his rulings, even if they are fair. He should not stay in his post in order to protect the credibility of the judiciary system.”
“He is a kind of judge who relies more on political justifications rather than the law.”
In his ruling about the Çakır case on September 12, 2008 regarding “the violation of the secrecy of the investigation, he had made the following ruling:
“(…)the expression of Ergenekon which unites the Turkish world, including Pakistan and Afghanistan, was defiled, those who fight against terrorism were presented as criminals in the book (…)”
“It is not even possible to imagine that General Kazım Karabekir (one of the important generals in the Turkish Independence War) could be in such betrayal. It is clear that this is a lie produced by those who have a problem with the Turkish Army.”
Yalçınkaya was rejected; he eventually ruled for an acquittal
This court had insisted on prosecuting Hrant Dink under article 159 and convicted him to delay-able 6 months in prison. It had also sentenced Arat Dink and Serkis Seropyan of Agos to delay-able one year in prison under article 301 for “denigrating Turkishness.”
The court had also tried Aris Nalcı and Seropyan for “attempting to influence the trial process” and the two journalists were acquitted in the case where their lawyers had rejected Yalçınkaya and two other members of the court. (EÖ/TB)
