MP questions secret witness statement in HDP closure case
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Peoples' Democratic Party (HDP) Group Deputy Chairperson, Siirt MP Meral Danış-Beştaş, tabled a motion in the parliament drawing attention to the suspicious aspects of the secret witness, coded "CV23TV4Y45UP78" who intervened in the HDP closure case.
In her motion, Danış-Beştaş stated, "CV23TV4Y45UP78 has, on December 31, 2022, despite coming to the court in order to give a statement in another case, in the case related to the imprisoned journalists, and despite having no relation whatsoever with the [HDP closure] case, said, "I want to give information about the people carrying out activities for the press organization in the finance committee of HDP. [The secret witness] has created evidence for the decision to block the treasury funds to HDP."
"The very statements prosecution was seeking"
Meral Danış-Beştaş stated that the secret witness has given statements about the finance structure of the party which are contrary to the facts but which are the very statements in the direction of the evidence that the Chief Prosecutor's Office of the Court of Cassation requires.
"The witness has given a statement on the finance structure of the party after stating explicitly the intention to give a statement in the scope of the case related to the imprisoned journalists. And it is very striking that the statement is suited to a narration that the Court of Cassation Prosecutor would need."
"Procedure and timing suspicious"
Chief Prosecutor of the Court of Cassation requested on December 13, 2022, that the HDP accounts where the treasury funds transferred to the party are kept should be blocked. On December 29, 2022, the Constitutional Court requested the Prosecutor's Office to submit concrete reasons within five days.
On December 31, 2022, the secret witness CV23TV4Y45UP78 gave testimony on the HDP closure case in court after going there in order to give a statement on the file related to the case of imprisoned journalists.
On January 2, 2023, the court requested documents from the security directorate, the security units submitted the Chief Prosecutor's Office of the Court of Cassation 100 pages of documents on the same day. The office sent these documents on Jan. 3 to the Constitutional Court which were submitted to the reporter on the same day.
On January 5, 2023, a decision was given to block the treasury funds to be given to HDP.
Danış-Beştaş wrote in her motion that both the procedures followed and the timing of the secret witness emerging, giving statements, collecting the documents, and then being sent to the Constitutional Court, makes one question the purpose of the secret witness institution.
"Can secret witnesses give statements in every case?"
Below are some of the questions Danış-Beştaş requested the Minister of Justice Bekir Bozdağ to respond to:
Who is the secret witness CV23TV4Y45UP78?
Why has this secret witness emerged just after December 29, when the Constitutional Court requested evidence from the Chief Prosecutor's Office of the Court of Cassation?
Can secret witnesses give statements for every case?
Why has the secret witness chosen a holiday and the last day of the year?
Isn't the institution of "secret witnesses" in violation of the fair trial principle secured with article 36 of the Constitution and article 6 of the European Convention on Human Rights?
It is not possible for the opposing parties to listen to and ask questions to witness CV23TV4Y45UP78. Doesn't this violate the right to a fair trial? (AS/PE)