
Judge of Demirtaş Case appointed as Deputy Minister 

2022-06-02 12:20:39


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	ANKARA – Akın Gürlek, the head of the heavy penal court that sentenced Selahattin Demirtaş, Canan Kaftancıoğlu and Şebnem Korur Fincancı, has been appointed as the Deputy Minister of Justice.

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	Akın Gürlek, known by the public for his decisions in controversial cases and known as "the judge who does not recognize the decision of the Constitutional Court", was appointed as the Deputy Minister of Justice with the decision of the President. Akın Gürlek, who first served as the President of the Istanbul 37th Heavy Penal Court and then the 14th Heavy Penal Court, is known for his controversial decisions regarding the dissidents.

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	CONTROVERSIAL DECISIONS

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	Gürlek sentenced former HDP Co-Chair Selahattin Demirtaş to 4 years and 8 months in prison for “propagandizing for a terrorist organisation”. Gürlek also sentenced CHP Istanbul Provincial Chair Canan Kaftancıoğlu to 9 years and 8 months in prison for her social media posts, and decided to confiscate the real estate owned by journalist Can Dündar, declaring him a fugitive. Gürlek was the person who sentenced Şebnem Korur Fincancı, President of the Turkish Medical Association (TTB), to 2 and a half years in prison. Another controversial decision of Akın Gürlek was when he resisted the Constitutional Court by not implementing the violation of rights of Enis Berberoğlu. CHP Chair Kemal Kılıçdaroğlu accused Akın Gürlek of being the "New Zekeriya Öz" because he did not comply with the Constitutional Court's decision.

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	Gürlek sued Kılıçdaroğlu for 75 thousand TL compensation for his words, but lost the case.&nbsp;

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	PROMOTION DESPITE CONTROVERSIAL DECISIONS

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	The Council of Judges and Prosecutors (HSK) promoted Akın Gürlek, President of the 14th High Criminal Court of Istanbul, to "first class judge", ignoring the Constitutional Court's decision of violation of rights regarding Enis Berberoğlu. This decision contradicted the HSK's principle decision stating that "Whoever causes a violation in the Constitutional Court cannot be promoted".

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	According to the Law on Judges and Prosecutors, "first class" is the highest level a judge and prosecutor can reach during their tenure in the civil or administrative judiciary. Despite resisting the Constitutional Court's decision, Gürlek succeeded in being promoted, thus paving the way for him to enjoy many rights. It has been commented that Gürlek's salary has increased after gaining the status of a first-class judge. He can also be appointed as a member of the Constitutional Court and Supreme Court after this promotion.

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	DEPUTY MINISTRER BECOMES MEMBER OF COUNCIL OF STATE

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	The decision to become a member of the Council of State was published in the Official Gazette with the signature of President Recep Tayyip Erdoğan. Accordingly, Uğurhan Kuş, Deputy Minister of the Ministry of Justice, was elected as a member of the Council of State. The decision regarding the election made for the 3 vacant members of the Council of State at the HSK General Assembly was also published in the Official Gazette.

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	Accordingly, HSK Inspection Board Vice President Levent Barış Tüfenkci, Konya Regional Administrative Court Head of Department Kenan Balan and Ankara Administrative Court President Nurten Çolakoğlu were elected as members of the Council of State.

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