Oct
24

Closing the corruption files

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ISTANBUL – 24.10.2014 11:26:37



Last Friday, the public prosecutor in charge of the corruption case against a group of suspects — including sons of ministers; Iranian businessman Reza Zarrab; the former CEO of Halkbank, a major state-sponsored bank; the mayor of İstanbul’s Fatih district; a well-known real estate businessman known for his ultra-luxurious lifestyle; and several others — declared his decision to drop all charges. You may think at first that this is quite legal and normal in a democratic state that relies on the rule of law, where people should be acquitted if there is insufficient evidence to send them to prison. However, in Turkey, a country where the rule of law and democracy are prescribed as key pillars of the state in the Constitution, things may not go that way.
We have seen large amounts of money inside shoe boxes stored in the former bank CEO’s house. We have heard phone calls between state officials (some of them ministers) and businessmen about possible police operations and how to hide money. We have seen prime ministers level accusations at members of the police and judiciary and describe corruption investigations as “coup attempts.” We have seen the police confiscate some $17.5 million given in bribes during the investigation in this period.
What I find most bizarre is that the decision to drop the charges is nearly identical to another decision made by the same public prosecutor several months ago. Even the punctuation in the written decisions is the same, which would lead us to believe he employed the copy/paste method.
In my opinion, the public prosecutor shouldn’t have waited this long. He could have decided months ago, or just before the summer gathering of the Supreme Board of Judges and Prosecutors (HSYK), the institution responsible for appointing members of the judiciary, to guarantee for himself a post much closer to the Ministry of Justice, maybe as a chief of section or in a directorate general.
The basic explanation for the decision is that the evidence is not admissible in court because it was not collected legally. The term “fruit of the poisonous tree” is a metaphor used in American law referring to evidence that has not been obtained legally. In this case, when either the place where the evidence was obtained, the means by which it was obtained or the evidence itself is considered tainted, the ends to which it is used are also considered tainted. This is a basic tenet of the Turkish Penal Code (TCK), which was taught in law schools for many years to the future lawyers, judges and prosecutors of this country. I really wonder how some prosecutors forget this rule in most of the cases I follow but remember it in a specific case that is critical and has garnered great attention.
The Supreme Court of Appeals has provided strict rules on the law regarding evidence in order to determine which evidence is admissible and which is not. There is no doubt about the rules. Doubt arises in the implementation of these rules in Turkey, where one can see hypocrisy, double standards and instability in every corner of the legal world. We will be observing the consequences of the decision to drop these charges with dwindling hope that anything will be done about the serious claims of corruption that have attracted the interest of every Turkish citizen. I again wonder if there is anyone out there who thinks these claims were handled in a non-discriminatory, transparent and impartial manner.
Greek statesman George Papandreou once said: “Unfortunately, corruption is widespread in government agencies and public enterprises. Our political system promotes nepotism and wasting money. This has undermined our legal system and confidence in the functioning of the state. One of the consequences is that many citizens don’t pay their taxes.” I once again see how Greece and Turkey are similar.

GÜNAL KURŞUN (Cihan/Today’s Zaman)

 













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1992-Fri Oct 24 16:33:38 EEST 2014

Article source: http://en.cihan.com.tr/news/Closing-the-corruption-files_8294-CHMTU2ODI5NC81

Categories : ΠΑΣΟΚ
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07/10/2014@7:00

Με τον πιο κατηγορηματικό τρόπο απαντούν στενοί συνεργάτες του πρώην πρωθυπουργού Γιώργου Παπανδρέου, στα δημοσιεύματα που τον θέλουν να λείπει από την Ελλάδα κατά τη διάρκεια της ψηφοφορίας στη διαδικασία παροχής εμπιστοσύνης στην κυβέρνηση από τη Βουλή, τα μεσάνυχτα της Παρασκευής.

giorgos papandreou

«Ο πρόεδρος θα είναι εδώ», επαναλαμβάνουν, εξηγώντας ότι δεν έχει κάποια ανειλημμένη υποχρέωση στο εξωτερικό και βάζοντας τέλος σε όλη αυτή τη συζήτηση, που επιδιώκει να δημιουργήσει νέα προβλήματα στην κυβέρνηση, αλλά και εσωτερικά στο ΠΑΣΟΚ, καθώς οι σχέσεις μεταξύ των «στρατοπέδων» Παπανδρέου και Βενιζέλου, δεν έχουν αποκατασταθεί μετά τα γεγονότα της 1ης Σεπτεμβρίου στο Ζάππειο.

Στο περιβάλλον του πρώην πρωθυπουργού, πάντως δεν είναι λίγοι όσοι μιλούν για «παιχνίδια» που παίζονται σε βάρος του, αφού αυτά τα σενάρια αναπαράγονται παρά την σαφή διάψευση από το γραφείο του κ.Παπανδρέου για τα περί απουσίας του, από την προηγούμενη εβδομάδα ακόμα, και ενώ για ένα μεγάλο διάστημα από την τριήμερη συζήτηση, θα απουσιάζει ο νυν πρωθυπουργός, Αντώνης Σαμαράς!

Δεν υπάρχουν ακόμη σχόλια.

Υποβολή απάντησης Ακύρωση απάντησης

Article source: http://www.matrix24.gr/2014/10/o-papandreou-tha-ine-edo/

Categories : ΠΑΣΟΚ
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Oct
23

GÜNAL KURŞUN

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Last Friday, the public prosecutor in charge of the corruption case against a group of suspects — including sons of ministers; Iranian businessman Reza Zarrab; the former CEO of Halkbank, a major state-sponsored bank; the mayor of İstanbul’s Fatih district; a well-known real estate businessman known for his ultra-luxurious lifestyle; and several others — declared his decision to drop all charges. You may think at first that this is quite legal and normal in a democratic state that relies on the rule of law, where people should be acquitted if there is insufficient evidence to send them to prison. However, in Turkey, a country where the rule of law and democracy are prescribed as key pillars of the state in the Constitution, things may not go that way.

We have seen large amounts of money inside shoe boxes stored in the former bank CEO’s house. We have heard phone calls between state officials (some of them ministers) and businessmen about possible police operations and how to hide money. We have seen prime ministers level accusations at members of the police and judiciary and describe corruption investigations as “coup attempts.” We have seen the police confiscate some $17.5 million given in bribes during the investigation in this period.

What I find most bizarre is that the decision to drop the charges is nearly identical to another decision made by the same public prosecutor several months ago. Even the punctuation in the written decisions is the same, which would lead us to believe he employed the copy/paste method.

In my opinion, the public prosecutor shouldn’t have waited this long. He could have decided months ago, or just before the summer gathering of the Supreme Board of Judges and Prosecutors (HSYK), the institution responsible for appointing members of the judiciary, to guarantee for himself a post much closer to the Ministry of Justice, maybe as a chief of section or in a directorate general.

The basic explanation for the decision is that the evidence is not admissible in court because it was not collected legally. The term “fruit of the poisonous tree” is a metaphor used in American law referring to evidence that has not been obtained legally. In this case, when either the place where the evidence was obtained, the means by which it was obtained or the evidence itself is considered tainted, the ends to which it is used are also considered tainted. This is a basic tenet of the Turkish Penal Code (TCK), which was taught in law schools for many years to the future lawyers, judges and prosecutors of this country. I really wonder how some prosecutors forget this rule in most of the cases I follow but remember it in a specific case that is critical and has garnered great attention.

The Supreme Court of Appeals has provided strict rules on the law regarding evidence in order to determine which evidence is admissible and which is not. There is no doubt about the rules. Doubt arises in the implementation of these rules in Turkey, where one can see hypocrisy, double standards and instability in every corner of the legal world. We will be observing the consequences of the decision to drop these charges with dwindling hope that anything will be done about the serious claims of corruption that have attracted the interest of every Turkish citizen. I again wonder if there is anyone out there who thinks these claims were handled in a non-discriminatory, transparent and impartial manner.

Greek statesman George Papandreou once said: “Unfortunately, corruption is widespread in government agencies and public enterprises. Our political system promotes nepotism and wasting money. This has undermined our legal system and confidence in the functioning of the state. One of the consequences is that many citizens don’t pay their taxes.” I once again see how Greece and Turkey are similar.

Article source: http://www.todayszaman.com/columnist/gunal-kursun/closing-the-corruption-files_362416.html

Categories : ΠΑΣΟΚ
Comments (0)
ΓΙΩΡΓΟΣ ΠΑΠΑΝΔΡΕΟΥ ΠΑΣΟΚ ΠΑΠΑΝΔΡΕΟΥ PASOK GIORGOS PAPANDREOU PAPANDREOU ΓΑΠ