The compensation claim filed by Ali Suat Ertosun, member of the Judges and Prosecutors Supreme Board (HSYK), against Taylan Tanay, official of the Contemporary Lawyers Association (ÇHD), and bianet website co-ordinator Ertuğrul Kürkçü was dismissed by the Ankara 25th Court of First Instance on 13 April.
Ertosun, Prisons and Arrest Stations General Manager during the Return to Life operation in December 2000, had filed a TL 15,000 (€ 7.500) compensation claim against lawyer Tanay and journalist Kürkçü because of an alleged attack on his personal rights. The charges stem from an article entitled "Ali Suat Ertosun's place is not on the HSYK but in the dock", published on the bianet website on 31 July 2009.
At the Wedneday hearing, joint attorneys for the defence Hüseyin Aslan, Hüseyin Yüksel Biçen, Evin Konuk and Turan Şat drew a parallel to the decision for the acquittal of Selçuk Kozağaçlı, President of the ÇHD, decreed by the Ankara 9th Magistrate Criminal Court as a comparable case. The lawyers stated that there was no base for a compensation claim and requested to drop procedures.
Complainant Ertosun's legal advisor Rabia Balkanlı argued that the court decision had not been finalized yet and reiterated their demand for the punishment of the defendants.
Judge Ömer Kızılkaya concluded that 'there was no other element left for a further investigation'. Thus, he decided to dismiss the compensation claim and drop procedures.
Ertosun claims compensation from ÇHD President Kozağaçlı
Ertosun had launched another trial against ÇHD President Selçuk Kozağaçlı on the grounds of a statement marking the 9th anniversary of the massacre of the Return to Life operation. Kozağaçlı was acquitted by the Ankara 9th Magistrate Criminal Court on 17 February.
However, a TL 25,000 (€ 12,500) compensation claim filed by Ertosun against Kozağaçlı in the same context is still pending at the Ankara 21st Civil Court of First Instance. The latter case will be continued on 25 March 2011. (EÇ/BB/VK)
