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

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.

1

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/

3

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

5

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

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

7

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/

9

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

11

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

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

13

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

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

15

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

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

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.

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

Some Tweets from Hüseyin Aygun (@HuseyinAygun62), Lawyer

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Hüseyin Aygün‏@HuseyinAygun62

Keskin T Tipi’nde tam 102 kişi için inşa edilmiş 102 adet ‘hücre’ var. Sincan’dan gelen Yargıtay-Danıştay üyelerini buralara doldurmuşlar..

08:06 – 11 Eki 2016

https://twitter.com/HuseyinAygun62/status/785859171367391233?lang=tr

In Keskin T Type Prison has 102 ‘cell’ constracted for exact 102 person. All Court of Cassation and Council of State member transferred from Sincan Prison are put into those cells.

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Hüseyin Aygün‏@HuseyinAygun62

Sincan’da dün 47, Bugün 78 hakim, İstanbul, Kırıkkale, Konya Ereğli’ye sürüldüler, Basında tek bir satır haber yok, Keyfi idare sürüyor..

02:58 – 09 Eki 2016

https://twitter.com/HuseyinAygun62/status/785056877877030912?lang=tr

From Sincan prison, yesterday 47, today 78 judge are sent to Istanbul, Kırıkkale, Konya Eregli. No criticism from media, arbitrary practices are going on

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Hüseyin Aygün‏@HuseyinAygun62

Yargıçlar Sendikası Başkanı Mustafa KARADAĞ: “AKP muhalif hakim ve savcıları ya ihraç etti, ya tutukladı” http://www.birgun.net/haber-detay/karadag-akp-muhalif-hakim-ve-savcilari-ya-ihrac-etti-ya-tutukladi-130095.html …

07:47 – 02 Eki 2016

https://twitter.com/HuseyinAygun62/status/782592769122570241?lang=tr

The President of Judges Union Mustafa KARADAĞ: “The AKP either expelled or arrested opponent judges and prosecutors. http://www.birgun.net/haber-detay/karadag-akp-muhalif-hakim-ve-savcilari-ya-ihrac-et -or-for-130095.html arrested …

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Hüseyin Aygün‏@HuseyinAygun62

Türkiye’de UYAP sistemini de kurmuş, YSK ve Yargıtay 21. Hukuk Dairesi üyesi Ali Kaya, Sincan Hapishanesindeki tecritinin 23. gününde..

02:58 – 02 Eki 2016

https://twitter.com/HuseyinAygun62/status/782519999915327488?lang=tr

The person who is established UYAP system in Turkey, member of the Supreme Election Committee (YSK) and Court of Cassation 21. Civil Chamber Ali Kaya, in his 23th days of solitary confinement in Sincan prison..

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Hüseyin Aygün‏@HuseyinAygun62

Mersin Hakimi Suat SONAY, Sincan T Tipi Hapishanesi’ndeki tecritinin 22. gününde.. Sincan’da en az 60 hakim ve savcı 3 haftadır hücrelerde..

10:26 – 01 Eki 2016

https://twitter.com/HuseyinAygun62/status/782270565876981760?lang=tr

Mersin Judge Suat SONAY, in his 22th days of isolation in Sincan T Type Prison. At least 60 judges and prosecutors were in solitary confinement for 3 weeks in the cells in Sincan Prison..

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Hüseyin Aygün‏@HuseyinAygun62

Danıştay Üyesi İbrahim Günenç Sincan Cezaevindeki tecritin 16. gününde. Bugün boynuma sarıldı, ağladı: ‘Haftalardır ilk kez insan gördüm..’

10:03 – 25 Eyl 2016

https://twitter.com/HuseyinAygun62/status/780090242049118208?lang=tr

The member of Council of State Ibrahim Günenç on the 16th days of solitary confinement in Sincan prison. Today hugged me and cried: ‘ I saw a human being first time for weeks..’

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Hüseyin Aygün‏@HuseyinAygun62

Bugün Sincan T Tipi 2. Müdürü ile görüştük: ‘Bu kişiler ya itirafçı olacaklar ya da FETÖ üst düzey yöneticileri diye hücrededirler’ diyor ++

04:51 – 16 Eyl 2016

https://twitter.com/HuseyinAygun62/status/776750337462009861?lang=tr

Today we met with the Second Director of Sincan T Type Prison: ‘These people will either be confessors or they kept in cells for being senior executives of FETÖ organisation’ he says..

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Hüseyin Aygün‏@HuseyinAygun62

3) Muharrem Karayol (Yargıtay Üyesi), 4) Muzaffer Özdemir (Yargıtay Üyesi). Toplam 14 yüksek hakimin hücrelerde olduğunu tahmin ediyoruz ++

04:50 – 16 Eyl 2016

https://twitter.com/HuseyinAygun62/status/776750041134399488?lang=tr

3) Muharrem Karayol (Member of the Court of Cassation), 4), Muzaffer Ozdemir (Member of the Court of Cassation). We estimate that in total 14 high court judges are in cells

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Hüseyin Aygün‏@HuseyinAygun62

Sincan Hapishanesinde hücrede tutulanlar: 1)Mine Kaya (Yargıtay 3. Hukuk Daire üyesi), 2)Muzaffer Karadağ (Yargıtay 3. Ceza Daire Üyesi)++

04:46 – 16 Eyl 2016

https://twitter.com/HuseyinAygun62/status/776749207105437696?lang=tr

The people kept in solitary confinement in Sincan Prison: 1)Mine Kaya (Member of the Court of Cassation 3th Civic Chamber), 2)Muzaffer Karadağ (Member of the Court of Cassation 3th Criminal Chamber),

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Hüseyin Aygün‏@HuseyinAygun62

FETÖ’dan tutuklu savcı Seyfettin Yiğit, Bursa hapishanesinde ölü bulunmuş. Bizim bazı hakim müvekkiller ise 1 haftadır Sincan’da hücrelerde+

04:43 – 16 Eyl 2016

https://twitter.com/HuseyinAygun62/status/776748234022748160?lang=tr

Public prosecutor Seyfettin Yiğit, imprisoned by FETÖ Organisation membership, were found dead in Bursa prison. Some of my clients are kept in cells for 1 week in Sincan Prison.

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Hüseyin Aygün · @HuseyinAygun62

8th Aug 2016 from TwitLonger

SİNCAN HAPİSHANESİNDEKİ DARBE TUTUKLUSU YARGIÇLARA DAİR AÇIKLAMA

15 Temmuz 2016 Askeri Darbe denemesi sonrası AKP tam bir “cadı avı”na girişti. Şu ana kadar yüzlerce yargıç açığa alınma ardından tutuklanma gibi ağır yaptırımlarla karşı karşıya kaldı. Sincan T Tipi Hapishanesi bir “Yargıçlar Hapishanesi”ne dönüştürüldü. Bugün iki Yargıtay üyesini ziyaret ettim. İşte sorunlar, problemler:

• 16 kişilik koğuşta 34 kişi kalıyor, koğuşlarda doluluk oranı yüzde 200’den fazla,

• Hakimler “yer yatakları”nda yatıyor,

• Görüşçülerle bir araya gelmeler gardiyan veya teknik cihazlarla dinleniyor, kaydediliyor, OHAL yürürlükte,

• 34 kişilik koğuşta 1 duş var, temizlik ve sıhhi ortam kötü,

• Hakimlere gazete verilmiyor, hiçbir yayın alınmıyor, kitap yasak, hapishane yönetimi talepte bulunanlara “TV var, TV izleyin” cevabı veriyor,

• Suçlamalarla ilgili, Yargıtay ve Danıştay görevlerinin akibetiyle ilgili şu ana kadar kendilerine yapılmış bir tebligat yok,

• Görevden alınmışlarsa bunu bilmiyorlar, hangi delillerle ve hangi suçlamayla içeride olduklarını da bilmiyorlar…

http://www.twitlonger.com/show/n_1sovtcg

STATEMENT ON THE ARRESTED JUDGES IN SINCAN PRISON

After failed military coup on July 15, 2016 AKP started a “witch hunt”. So far hundreds of judges suspended and later arrested. Sincan T Type Prison converted to a “Judges Prison”. Today I visited the two Court of Cassation members. Here are the problems:

* 34 people staying in a ward suitable only for 16 people, the ward occupancy rate of more than 200 percent,

* Judges lies in the mattress on the floor

* Due to the State of Emergency regulations, speakings with visitors are recorded with appliances or by the guards,

* 1 shower stall for 34 persons, poor cleanliness and sanitary environment,

* No newspaper or publications for judges, books are forbidden, only TV permitted

* No official notification for the charges against members of Court of Cassation and Council of State

* High court members don’t know whether they are dismissed or not and they don’t know by which allegations and proofs they are prisoned

TURKISH JUDGES and PROSECUTORS WERE BLACKLISTED BY THE PRO-GOVERNMENT ASSOCIATION –YBD- in 2014

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TURKISH JUDGES and PROSECUTORS WERE BLACKLISTED BY THE PRO-GOVERNMENT ASSOCIATION –YBD- in 2014

BEFORE THE ELECTION TO THE HIGH COUNCIL OF JUDGES AND PROSECUTORS (HCJP) THE PRO-GOVERNMENT ASSOCIATION (‘ASSOCIATION OF JUDICIAL UNITY’ – YBD) PREPARED A LIST OF ALL JUDGES and PROSECUTORS TO BLACKLIST THEM

On the list there are names of all Turkish judges and prosecutors and the information about whether they are opponents, or supporters, or in the middle.

Opponent: Karsit

Supporter: YBP (Means supporter of the Platform which then became an Association)

In the middle – neither supporter nor opponent: Ortada

This is 1 page of the whole list, after the failed coup attempt, all opponent prosecutors on this page (but Omer Surmeli) got dismissed and detained, most of them are in jail now.

SOME BACKGROUND INFORMATION ON PRO-GOVERNMENT ‘ASSOCIATION OF JUDICIAL UNITY’ (YBP, THEN YBD)

Previously it was called ‘The Platform of Judicial Unity’ (YBP – Yargida Birlik Platformu). It was established by the government within the judiciary to promote government affiliated candidates for the high judicial council election membership.