Bar president Özok slams court stance

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Bar president Özok slams court stance
Oluşturulma Tarihi: Mayıs 25, 2009 00:00

ANKARA - President Abdullah Gül cannot face trial on any charges except treason while holding office, said the president of the Turkish Bar Association.

Özdemir Özok expressed his disappointment at an Ankara court’s decision to attempt to try Gül for his alleged involvement in the "missing trillions" case. "We are on no one’s side but that of the law. I don’t think the president can be tried while he is in office. It is not about whether the person is Abdullah Gül or someone else," Özok said at the general assembly of the Bar Association. "This is not about defending a person but an institution. A president can only be tried for treason. Immunity of the president is clearly stated in the 1924 Constitution and I don’t think debate needs to be generated about it even if it were not mentioned in the 1961 and 1982 Constitutions.

Meanwhile, Industry and Trade Minister Nihat Ergün said, "Does anybody have the right to hurt this institution? Won’t this hurt our image in the world? Won’t the world think even the president of that country doesn’t know what awaits him?"

The Ankara court wants Gül to stand trial for the case involving the alleged misappropriation of funds by the now disbanded Islamist-rooted Welfare Party, or RP, to which Gül belonged. The current Constitution introduces two aspects of immunity.

Conscience

"Absolute immunity" is granted to the president and parliamentarians to allow them the freedom to act with their conscience during the performance of their duties as stated in the Constitution. In instances where absolute immunity does not apply "relative immunity" is in effect, which means "any criminal prosecution is subject to prior permission."
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