Groups Angered by Gülen's Acquittal Trying to Influence Jurisdiction
The Turkish newspaper Cumhuriyet has been increasingly publishing news and editorials attacking Fethullah Gülen following his acquittal in attempts to pressure the courts to overrule the decision.
Head of the Lawyers' Association, Husnu Tuna, said Wednesday Cumhuriyet's comparing Gülen to Iranian spiritual leader Ayatollah Imam Khomeini in article titled "Ayatollah Fethullah" bears insult, and the daily is attempting to influence jurisdiction.
Tuna said any attempt to influence the court and prosecutor against the defense is a crime according to Turkish Penal Code article number 288, which reads "attempts to influence fair trial," and carries a penalty of six months to three years in prison.
"These publications counter the legal opinions. A party is being insulted and humiliated by irresponsible publications. The necessary legal actions should be employed," Tuna said.
After the Ankara 11th High Criminal Court decided to acquit Gülen on 5 May 2006, Cumhuriyet headlined the news and quoted the former Chief of Justice of the Court of Appeals Vural Savas who claimed the decision was taken under influence. The story titled "Savas: Jurisdiction is not independent" claimed Gülen's acquittal has caused reactions.
The same paper in its May 9 edition ran retired major general Dogu Silahcioglu's editorial titled "Ayatollah Fethullah." The author writes," The 11th High Criminal Court's acquitting an "enemy of Republic" has caused worry among all the citizens concerned with the future of the Turkish Republic," voicing opinions that may yet influence an unsettled verdict.
These publications, aiming to overrule Gülen's acquittal, constitute a crime according Tuna.
The Constitution, Turkish Penal Code, and Press Law contain clear clauses forbidding statements that may influence the jurisdiction of on-going trial. In the jurisdiction section of the Constitution, the first article emphasizes the prohibition on influencing jurisdiction.
"No body, post, authority or person can direct courts and judges to use jurisdiction authority nor send notice, make suggestions and indoctrinate," the article number 138 titled "independence of courts" reads, forbidding statements that would influence authority.
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