HSYK Member Ertosun Sues bianet and Lawyers Association

Ali Suat Ertosun, member of the Judges and Prosecutors Supreme Council (HSYK) and former Prisons and Arrest Stations General Manager, filed a compensation claim against Taylan Tanay, official of the Contemporary Lawyers Association (ÇHD), and bianet website co-ordinator Ertuğrul Kürkçü. The first hearing of the case was held on Tuesday (2 November).

Ertosun claims TL 15,000 (€ 7,500) for an alleged attack on his personal rights based on the article entitled "Ali Suat Ertosun's place is not in the HSYK but in the dock", published on 31 July 2010.

Adjourned to 16 December

Plaintiff lawyer Rabia Balkanklı presented the complaint to the Ankara Civil Court of First Instance on 2 August. The petition requested to remove the article from the website, publish the decision to be given on the site and to decide in favour of the compensation claim.

The trial is heard before the Ankara 25^th Civil Court of First Instance. The court postponed the case for two weeks to allow Ertosun's attorney time for the revision of the rebuttal petition submitted by the defence lawyer of defendant Tanay. At the same time, court president Judge Gürkan Ahmet Gençkaya is awaiting a reply from the Kağıthane (Istanbul) District Police Directorate. Procedural objections will be heard in the coming hearing on 16 December.

Reply to Ertosun's press conference

In his article, Tanay had criticized Ertosun for not responding to the questions directed at him in a press conference on 30 July 2009. The press conference was held for Ertosun to comment on certain allegations that had been put forward against him. The allegations were related to his supposed connections to defendants of the Ergenekon case, his pursue to appoint the Ergenekon prosecutors to other duties and his hindrance of an announcement of Mustafa Duyar, defendant in the Sabancı murder case.

The plaintiff petition read, "Our client was shown as a person commissioned by the deep state, an agent, as a person who misconducts his office, murders, who does not fit into an important and reputable position such as the HSYK, as somebody who does not hold any reasoned authority for that position, who calls himself a murderer, who is biased, a conspirator, a person who prepared the ground for certain operations and supports Ergenekon".

ÇHD President sued as well

Ertosun filed another compensation claim against ÇHD President Selçuk Kozğaçlı. Lawyer Kozağaçlı had harshly criticized the reward of the Medal for Public Service to Ertosun, saying that he was responsible for the death of 30 detainees in the course of prison operations.

Kozağaçlı is tried at the Ankara 9^th Magistrate Criminal Court. Additionally, he faces a monetary fine of TL 25,000 (€ 12,500) in compensation in the scope of the case heard at the Ankara 21st Civil Court of First Instance. The latter case will be continued on 8 March 2011. (EÖ/VK)