Hsyk: first dismiss the judges/prosecutors, then search for evidence against them

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5) A felony court in Hatay has recently ruled that use of the ByLock application alone cannot be considered a crime. Because it is not known when the suspects downloaded the application, with whom they communicated using it and what the content of their conversations was, saying that they cannot be accused simply for downloading ByLock.9 Without knowing, showing the content of their conversation through ByLock, people cannot be accused of being terrorist organization just because they used or downloaded ByLock.

6) After the Attempted Coup, Turkish Authorities said that the smartphone chat application may have been created by FETÖ members, so they could communicate secretly about the coup plot.10 And also it is claimed by the Justice and Development Party (AKP) that plotters of the July 15 coup attempt used it for communicating.11 A senior Turkish official told Reuters "The ByLock data made it possible for us to map their network -- at least a large part of it”, "What I can say is that a large number of people identified via ByLock were directly involved in the coup attempt." The Turkish official also said ByLock may have been created by the Gulenists themselves so they could communicate.12 However, in the same news it was said that experts consulted by Reuters were not able to verify that ByLock may have been created by the Gulenists themselves.13

The other thing is that HSYK said in its public statement on the day of first of November 2016 (01/11/2016) 14 “…according to the information obtained from the authorities and the public open source, the application of ByLock has not been used since February 2016 by the member of organization (referring FETÖ).” So if ByLock has not been used since February 2016, how could this application be used by the members of the organization during the attempted coup period which was occurred 15 July 2016.

7) According to the news of The Wall Street Journals15 senior Turkish intelligence officials said that “ in the months before Turkey’s failed coup, the country’s spy agency penetrated online chat rooms and decoded millions of secret messages but found no mention of the plot, None of the ByLock messages referred to a coup plot.” So if this is true, how can using and downloading ByLock application be used as the most important evidence of membership of terrorist organization.

To summ up, Turkish judicial and administrative authorities are trying to establish a perception through ByLock. They are especially trying to spread and express it in order to strengthen their thesis and their claims. Unfortunately downloading and using ByLock application has become main reason or legal ground for thousands of people are being arrested and victimized illegally.

http://www.haberturk.com/gundem/haber/1312718-mehmet-yilmaz-bylock-kullanan-300un-uzerinde-itirafci-hkim-ve-savci-var http://www.haberturk.com/gundem/haber/1313309-hsyk-baskanvekili-mehmet-yilmaz-fetoyu-itiraf-etsinler-ihrac-etmeyecegiz http://www.hurriyetdailynews.com/gulenist-judges-in-turkey-told-to-repent-to-keep-your-post-.aspx?pageID=238&nID=105236&NewsCatID=509 http://www.turkishminute.com/2016/10/21/hsyk-says-suspended-members-may-return-office-become-informants/

https://www.turkishminute.com/2016/09/14/turkish-minister-indicates-purges-continue-bylock-users/

https://www.theguardian.com/technology/2016/aug/03/turkey-coup-gulen-movement-bylock-messaging-app

Aslan Çetin, İstihbaratın Ceza Muhakemesi Hukukunda Kullanımı, http://www.muglabarosu.org.tr/Mugla-Barosu-Haberler/Page-782426b6653b459bbc9cb014427df3cd/ADL%C4%B0-B%C4%B0L%C4%B0MLER--ve--HUKUKTA--GuNCEL-GEL%C4%B0sMELER.aspx

https://www.theguardian.com/technology/2016/aug/03/turkey-coup-gulen-movement-bylock-messaging-app

http://zamanamerika.com/haberler/manset/dun-zello-bugun-bylock-8-baslikta-bylock-gercekleri/

http://turkeypurge.com/turkish-prosecutor-in-charge-of-bylock-investigation-detained-for-using-bylock

http://www.yenisafak.com/en/news/police-raid-feto-bylock-app-users-across-turkey-2534138

https://www.turkishminute.com/2016/09/14/turkish-minister-indicates-purges-continue-bylock-users/

http://www.reuters.com/article/us-turkey-security-app-idUSKCN10E1UP

http://www.hsyk.gov.tr/DuyuruOku/930_basin-duyurusu.aspx

http://www.wsj.com/articles/turkeys-powerful-spy-network-never-saw-coup-coming-1469823062

Author: anonymous for security reasons (identity known to the blog editor)

This entry was posted in ALL, Turkey on 8. November 2016.

WHAT HAPPENED TO THE CANDIDATES OF 2014 HSYK ELECTIONS?

THE CANDIDATES OF THE ELECTION OF ‘TURKISH HIGH COUNCIL OF JUDGES AND PROSECUTORS’ (HSYK) in 2014

YBP refers to ‘The Platform of Judicial Unity’ which is a pro-government NGO and it has been an association since 2015.

YBP candidates competed mostly with independents

Below is what happened to those who did not support the YBP list after the coup attempt

Almost all independent candidates were punished with being arrested

YARSAV (The Association of Judges and Prosecutors) was closed down in the first decree after the declaration of state of emergency

The President of YARSAV, Murat Arslan, was arrested on the 26th of October, 2016.

CIVIL AND CRIMINAL JUDICIARY

1-METİN YANDIRMAZ 5836 Member of YBP, on duty

2-MEHMET YILMAZ 5758 Member of YBP, on duty

3-MEHMET DURGUN 5695 Member of YBP, on duty

4-ÖMÜR TOPAÇ 5665 Member of YBP, on duty

5-RAMAZAN KAYA 5657 Member of YBP, on duty

6-İSA ÇELİK 5429 Member of YBP, on duty

7-TURGAY ATEŞ 5400 Member of YBP, on duty

8-İLKER ÇETİN 5312 Independent, Arrested

9-SELAHADDİN MENTEŞ 5302 Member of YBP, on duty

10-ZEYNEP ŞAHİN 5291 Member of YBP, on duty

11-ORHAN GÖDEL 5202 Independent, Arrested

12-BİLGİN BAŞARAN 5100 Member of YBP, on duty

13-LEVENT ÜNSAL 5143 Independent, Arrested

14-İDRİS BERBER 5003 Independent, Arrested

15-YAŞAR AKYILDIZ 4943 Independent, Arrested

16-YEŞİM SAYILDI 5009 Independent, Arrested

17-AYŞE NEŞE GÜL 4816 Independent, arrested (she and also her husband who was also a judge were both arrested, she has been held in solitary confinement)

18-MEHMET KAYA 4864 Independent, Arrested

19-TEOMAN GÖKÇE 4797 Independent, Arrested (Member of the 2010 HSYK)

20-AHMET ÇİÇEKLİ 4499 Member of YBP, on duty

21-NESİBE ÖZER 4545 Independent, Arrested. (Member of the 2010 HSYK) Started hunger strike due to ill treatment in jail, on the 28th of September 2016. Bakirköy/İstanbul Women Prison (in solitary confinement)

22-HASAN ÜNAL 4495 Independent, Arrested

23-MURAT AYDIN 2078 YARSAV

24-NUH HÜSEYİN KÖSE 1498 YARSAV

25-LEYLA KÖKSAL 1406 YARSAV

26-AYDIN BAŞAR 1338 Independent (Founder of ‘adalet.org’, a search warrant was issued for the server company of this website on the 3rd of May, 2016)

27-HAYRETTİN TÜRE 1296 Independent

28-BÜLENT YÜCETÜRK 1422 YARSAV

29-SÜLEYMAN DEMİREL 1190 YARSAV

30-AYŞE SARISU PEHLİVAN 1131 YARSAV

31-MUSTAFA BAĞARKASI 1068 YARSAV

32-BERRİN LALE ŞENOYMAK 1102 YARSAV

33-MUSTAFA KARADAĞ 998 YARSAV

34-İBRAHİM FİKRİ TALMAN 886 YARSAV

35-İBRAHİM OKUR 821 Independent, Arrested (Member of the 2010 HSYK)

ADMINISTRATIVE JUDICIARY

1-HALİL KOÇ 736 Member of YBP, on duty

2-AHMET BERBEROĞLU 735 Independent, Arrested (Member of the 2014 HSYK)

3-MAHMUT ŞEN 713 Independent, Arrested (Member of the 2014 HSYK)

4-CAFER ERGEN 706 Member of YBP, on duty

5-MEHMET GÖKPINAR 695 Member of YBP, on duty

6-SADETTİN KOCABAŞ 692 Independent, Arrested

7-HASAN ODABAŞI 673 Member of YBP, on duty

8- GÖNÜL SAYIN 655 Member of YBP, on duty

9-ALİ BİLEN 651 Independent, Arrested

10-EGEMEN DEVRİM DURMUŞ 626 Independent, Arrested

11- TARIK ÖZDİREK 91 YARSAV

12- BERRİN KARINCA 86 YARSAV

13- MUHAMMET ÖNDER TEKİN 61 YARSAV

http://www.ysk.gov.tr/ysk/content/conn/YSKUCM/path/Contribution%20Folders/HaberDosya/2014HSYK-AdliKesinSecimSonuc.pdf

http://www.ysk.gov.tr/ysk/content/conn/YSKUCM/path/Contribution%20Folders/HaberDosya/2014HSYK-idariKesinSecimSonuc.pdf

http://www.hsyk.gov.tr/Eklentiler/files/liste.pdf

http://www.hsyk.gov.tr/Eklentiler/files/ekli-liste.pdf

http://www.hsyk.gov.tr/Eklentiler/files/ekli-liste-05-10-2016.pdf

http://pointwashington.blogspot.com/2016/10/a-letter-from-dismissed-turkish-judge.html

http://bianet.org/english/law/180038-yarsav-president-murat-arslan-arrested?bia_source=rss

P.S.: Why were Yarsav candidates no real competition?

YARSAV, as an institution means a lot for Turkish judiciary. YARSAV is the only independent Judicial association, the voice of the judiciary at both national and international platforms.

YARSAV has a strong institutional culture and experience and its reputation arises from its activities. Judges and the public know YARSAV very well but they dont know much about its administration and members by names. YARSAV’s public remarks have been signed like this ” the Board of Directors” without names.In 2010 and in 2014 YARSAV’s candidates did not get remarkable number of votes. In terms of HSYK elections Yarsav does not pose serious threat to the government. On the other hand, the activities of YARSAV makes the government uncomfortable. By way of shutting down YARSAV, the government achives its aim. In the 2014 election, due to the fearful environment and stick and carrot policy, voters acted pragmaticially taking their concerns into account regarding the future of their individual careers instead of problems of the whole judiciary. The YBP promised a salary increase and pardon over disciplinary sanctions. And everybody knew that YBP could do so since it was established and supported by the government. On the other hand, YARSAV focused on ethics, democratic principles and the judicial independence. But it did not mean a lot.Independent candidates had strong and well known personalities and judges believed that independent candidates may change many things in the judiciary.For government YARSAV’s members are not threat but YARSAV itself is a threat. YARSAV built its reputation through its principles and joint efforts via international associations.

What happened in early November, and what is NEXT?

NOVEMBER 5, 2016

Since the failed coup attempt (July 15, 2016), 170 newspapers, magazines, television stations and news agencies have been shut down[1], and a total of about 110,000 people have been sacked or suspended and 37,000 arrested. Nine journalists from Turkey’s pro-opposition newspaper Cumhuriyet have been arrested and remanded in custody by a court in Istanbul.[2]Recently, the government has removed 30 Kurdish mayors from office, suspended more than 11,000 teachers from Kurdish regions and shut at least 20 Kurdish media outlets, including a children’s television station that dubbed cartoons such as “The Smurfs” into Kurdish.[3] 11 lawmakers from People’s Democratic Party, or HDP (known as pro-Kurdish political party) were detained early Friday as part of ongoing terror-related investigations, including both party co-chairs and other senior officials.[4]Lately, access was restricted to social media including Twitter, WhatsApp, YouTube and Facebook – making them so slow they were effectively impossible to use – and a ban imposed on media coverage of the car bomb. Asked about the measures, Prime Minister Yildirim said access would return to normal “once the danger is removed”.[5]Besides, pro-government media have been spreading some propaganda news since the beginning of November.[6] According to the news on these websites, FETO inmates will try to escape.Before reading this recent news that should be known:There have been more at least 17 “suicides” occurred in detention centers or in prisons so far.[7]September 1 decree dissolved the current prison monitoring boards. Although prison monitoring boards were not an effective inspection mechanism, the government’s September dissolution of the boards in the absence of a functioning national preventative mechanism with authority to inspect all places of detention contributes to suspicion that the government is trying to avoid any oversight of places of detention.[8]Besides, hundreds of prison guards have been dismissed since the failed coup attempt[9] and most them detained.[10]With all the persecution written above, being in prisons as inmates is so dangerous now.On pro-government social media accounts it is circulated that there will be some riots, inmates will set fires and hold guardians as hostages. And if these happen, all prisoners (especially the ones who are in Sincan and Silivri prisons) must be killed to stop.Of course this is the propaganda. The plan is to set fires, make them seem as riots and kill many inmates.

INTERNATIONAL OBSERVERS SHOULD VISIT THE PRISONS TURKEY AS SOON AS POSSIBLE.

[1] http://www.reuters.com/article/us-turkey-security-newspaper-idUSKBN13007Y?il=0

[2] http://www.bbc.com/news/world-europe-37882883

[3] http://www.nytimes.com/2016/11/05/world/europe/turkey-coup-crackdown-kurdish-politicians.html?_r=0

[4] http://www.cbsnews.com/news/pro-kurdish-politicians-arrested-in-turkey-government-says/

[5] http://www.reuters.com/article/us-turkey-security-kurds-idUSKBN12Y2XA

[6] http://www.ntv.com.tr/turkiye/son-dakika-feto-uyelerinin-toplu-firar-plani-ortaya-cikti,OhoKjJ4Ad0qUgGpVHutc6A?_ref=infinite

http://www.dailysabah.com/investigations/2016/11/03/feto-inmates-escape-plan-unveiled-by-prison-guards/amp

[7] https://www.thesun.co.uk/news/1495397/ten-thousand-turkish-coup-detainees-are-being-starved-raped-and-beaten-in-unofficial-detention-centres/

http://www.al-monitor.com/pulse/originals/2016/10/turkey-gulen-movement-suicides-coup-attempt-erdogan.html

[8] https://www.hrw.org/report/2016/10/24/blank-check/turkeys-post-coup-suspension-safeguards-against-torture

[9] http://www.resmigazete.gov.tr/eskiler/2016/10/20161029-4-1.pdf

[10] http://www.sabah.com.tr/gundem/2016/08/19/62-infaz-koruma-memuru-hakkinda-gozalti-karari

http://www.milliyet.com.tr/uc-cezaevinde-gorevli-75-infaz-gundem-2319178/

http://www.birgun.net/haber-detay/cezaevinde-operasyon-50-infaz-koruma-memuru-gozaltinda-122014.html

http://www.cumhuriyet.com.tr/haber/turkiye/620461/_izmir_de_12_infaz_koruma_memuruna_FETO_gozaltisi_.html

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