Probe allowed in wiretapping of journalists
HSYK allows probe into judges who ordered wiretapping of journalists on MIT’s demand
04.10.2014
Today’s Zaman October 03, 2014
The Supreme Board of Judges and Prosecutors (HSYK) has allowed an investigation to be launched into three judges who gave permission for the wiretapping of phones of several journalists in the past.
The phones of journalists Ahmet Altan, Yasemin Çongar, Amberin Zaman and Mehmet Altan were tapped by the National Intelligence Organization (MİT) between 2008 and 2009.
MİT was able to wiretap the phones of these journalists through court orders the organization received from the İstanbul 11th and 14th High Criminal Courts between 2008 and 2009. The journalists were mentioned by their foreign codenames only in those court orders. The codenames were in foreign languages, mostly Arabic. The phone numbers of the journalists were also mentioned in the court order.
MİT's involvement in the wiretapping of journalists was interpreted as a scandal by the journalists.
After the emergence of the wiretapping incident, the journalists filed a criminal complaint against MİT, and a legal case was opened. An İstanbul court hearing the case asked MİT in 2012 why the journalists were wiretapped by the organization. The organization sent a response to the court in which it said the wiretapping was carried out legally and the phones of the journalists were wiretapped for the “benefit of the people.”
The journalists later filed complaints against three judges who gave MİT permission to wiretap the journalists.
The 3rd Chamber of the HSYK examined the complaints and refused to investigate the judges — Oktay Açar, Metin Özçelik and Yakup Hakan. The journalists then applied to the General Council of the HSYK, asking the board to investigate the judges. The council, in response, recently decided to launch an investigation into the three judges.
Inspectors to be assigned by the HSYK will hear the judges' defense statements in the weeks to come.
In addition, claims emerged on Friday that the Council of State has rejected an appeal by the Prime Ministry to turn down a request to launch an investigation into some MİT members over the wiretapping of the journalists. The decision will pave the way for the questioning of the MİT members over the wiretapping incident.
In May 2013, the Prime Ministry rejected a request for permission by prosecutors to prosecute MİT officials in the wiretapping case. An Ankara court ruled against the Prime Ministry decision and the ministry later appealed the court decision at the Council of State.