MÄ°T head reports excuse to prosecutor’s office for not testifying in terror probe
News reports claimed the prosecutors office said Fidan would testify as soon as possible. An ?stanbul prosecutor overseeing an investigation into a Kurdistan Workers Party (PKK)-linked terrorist organization last week asked the Ankara Prosecutors Office to hear Fidans testimony. The office then summoned Fidan to testify, which he has not done so far.
Earlier this month, an ?stanbul prosecutor called Fidan, his predecessor Emre Taner, M?T Deputy Undersecretary Afet Güne? and two M?T officials, Ya?ar Y?ld?r?m and Hüseyin Kuzuo?lu, to testify in the ongoing investigation into the Kurdish Communities Union (KCK), which Turkish prosecutors say is a group that controls the PKK and other affiliated groups. However, M?T appealed the prosecutors move to summon Fidan to testify, arguing the prosecutors office should have asked permission from the prime minister, but the appeal was rejected.
The prosecutor has recently been taken off the case on the grounds that he exceeded his authority and the government has countered with a bill requiring the prime ministers permission before M?T officials can be questioned. Parliament approved the bill overnight, but it must still be signed by the president.
Parliament approves bill to protect M?T staff
Meanwhile, the Turkish Parliament approved a government-sponsored amendment to a bill in the early hours of Friday that requires prosecutors to receive special permission from the prime minister before taking legal action against or questioning intelligence officials.
There were 329 deputies present at the 12-hour-long session of Parliament that began on Thursday. The bill received the support of 266 deputies, with 63 voting against. The law was sent to President Abdullah Gül for approval on Friday and the President approved the bill right away although he had 15 days to examine the law before he decides on its approval or a veto.
The bill, drafted by the Justice and Development Party (AK Party), aims to amend Article 26 of the Law on M?T Personnel. The Justice Commission endorsed the bill on Tuesday night and added an additional ad hoc article, allowing incumbent M?T Undersecretary Fidan to benefit from the law.
Parliament approved an amendment to the wording of the first article of the bill. It initially read, M?T personnel or those who are assigned by the prime minister for a special duty, and was amended to M?T personnel or those who were assigned by the prime minister, who should be public officials, for a certain duty during a session that ended early Friday.
With the new law, investigations of M?T officials on charges of crimes heard by specially authorized courts can be launched only after written permission is obtained from the prime minister. Opposition parties and others have opposed the bill on the grounds that it is designed to the benefit certain people and hence runs contrary to the rule of law.
The amendment is likely to be challenged in the Constitutional Court as announced by the main opposition party on Thursday. Speaking during an interview on the NTV news channel, Republican Peoples Party (CHP) leader Kemal K?l?çdaro?lu said his party would go to the Constitutional Court to seek annulment of the bill if approved.
The proposal is against the principle of a state of law. No one can be granted such authority. This can only happen under dictatorships. At this point, we are officially handing over the state to an illegal gang. If the bill becomes law, we will go to the Constitutional Court, he said.
There was a harsh exchange of words between the deputies of the ruling party and the opposition parties during Thursdays session of Parliament.
CHP deputy Muharrem ?nce accused the government of trying to save a number of pro-government figures from being investigated by passing the bill. He said the new law grants extraordinary authorities to the prime minister.
This Parliament cannot be a venue of the executive bodys efforts to create a legal shield for its illegal activities, said ?nce, adding that the government will be responsible for unsolved murders committed from now on.
The Nationalist Movement Party (MHP) was also critical of the new law, as MHP deputy Oktay Vural said: Why are you making an effort to protect some [individuals]? This means that you have given some political missions to some state officials.
Another MHP deputy, Mehmet ?and?r, described the new law as senseless.
There was also tension between the MHP and pro-Kurdish Peace and Democracy Party (BDP) deputies into the late hours when the BDP claimed talks were being held with PKK leader Abdullah Öcalan when the MHP was part of a coalition government before 2002.
Vural ruled out such claims, saying that those who put forward such claims have a problem regarding their honor.
In response, BDPs Hasip Kaplan said several government delegations met with Öcalan and joined his interrogation in 1999, going from Ankara to ?mral?, where Öcalan is jailed.
He said those delegations included members from the General Staff, Gendarmerie, Interior Ministry and M?T.
The members of the delegations were changed three times. If you dont have any information about these meetings, then this means you are dead on your feet, Kaplan told the MHP.
Responding to criticism from the opposition parties, Deputy Prime Minister Bekir Bozda? said M?T officials risk their lives to carry out their duties, so investigating them over charges of collaboration with terrorist organizations is the biggest damage that can be done to this country.
Regarding claims by the opposition parties that the prime minister will now be able give orders for illegal acts thanks to the law on M?T personnel, Bozda? said it would be out of the question for a prime minister of Turkey to give an order for an illegal action.
Opposition parties still on the offensive
Opposition parties continued to rain criticism down on the government on Friday over the adoption of the bill on M?T personnel.
Speaking at a meeting of the CHP party council at the partys headquarters on Friday, CHP leader Kemal K?l?çdaro?lu said that under the new law it will be possible for some public officials, who are commissioned for a certain duty by the prime minister, to be freely involved in crimes.
The prime minister will tell the specially commissioned guys, lsquo;You can establish a gang, an illegal organization — dont worry, I am standing behind you, said K?l?çdaro?lu.
The main opposition leader said that despite the absence of such a law from Turkey in the past, there have been many public officials who were involved in crimes and are free today. Now, the adoption of the law on M?T personnel will increase the number of such incidents in Turkey.
Were there public officials involved in unsolved murders in the past? Tens of public officials who were involved in such murders are free now. Did this country not pat the shoulders of hitmen? At that time, there was no such legal protection; now there is, he said.
K?l?çdaro?lu also criticized remarks by Deputy Prime Minister Bozda?, who said last week it would be impossible for intelligence officials to infiltrate terror organizations without getting involved in crimes.
He [Bozda?] says these in defense of this law. He means the state is illegal and state officials can be involved in illegal activities. Moreover, those public officials are from the most sensitive state organization. I am really curious whether Hakan Fidan was involved in crime, whether he infiltrated to the terrorist organization by being involved in crime. No. Fidan was a Prime Ministry deputy undersecretary. The prime minister gave him a duty. He sent him to Oslo for a meeting [with members of the PKK]. Then, why do you make such a legal amendment? K?l?çdaro?lu asked the government.
At the heart of the current investigation is the suspected collaboration between the KCK and a number of M?T officials who infiltrated the KCK to gather intelligence about the activities of the organization but allegedly ended up involved in some illegal acts and attacks masterminded by the KCK.
Reports in the media claim that according to documents in the case file, the foundation of the KCK was actually overseen by M?T. It has also been alleged that orders for some KCK attacks were given by sources inside M?T. In addition, a meeting M?T officials held in Oslo with representatives of the terrorist PKK in 2010 is also under investigation. The contact came to light last year through recordings posted on the Internet.
During Thursdays discussions in Parliament, when the issue of the Oslo talks was raised by the opposition parties, Justice Minister Sadullah Ergin voiced his support for these talks, saying, These talks have been held so far and they will be held from now on if deemed necessary by the security and intelligence units.
MHPs Oktay Vural continued his criticism of the M?T law on Friday. Holding a news conference in Parliament, he called on Gül to veto the law, which he said was an intervention of the government in the judiciary.