Presidential office slams court stance
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Hürriyet Daily News
Oluşturulma Tarihi: Mayıs 20, 2009 00:00
ANKARA - Presidents cannot be judged for any reason other than treason, says President Abdullah Gül’s office in a statement, citing the Constitution, after a local court in Ankara says President Gül should stand trial for actions before he attained the presidency.
The presidential press center denounced late Monday an Ankara court ruling that President Abdullah Gül should stand trial over a fraud case dating from the 1990s.
"The presidents can’t be judged for any reason other than treason in accordance with the Constitution," Gül’s office said in a written statement. An Ankara court ruled Monday that Gül should stand trial in the case publicly known as "the missing trillions," involving millions of dollars of missing funds from the Welfare Party, or RP, which was closed in 1998 for violating principles of secularism. The Ankara Public Prosecutor's Office had earlier ruled for the dismissal of legal proceedings against Gül over the case.
"The efforts in some circles to attempt to present our president as a suspect although he is not charged and in the process of being tried doesn’t demonstrate good will," said the statement. Gül, a co-founder of the ruling Justice and Development Party, or AKP, was elected president in 2007. The fraud case dates back to the late 1990s, when the Islamic-rooted Welfare Party, or RP, a predecessor to the AKP, was accused of misappropriating funds from the Treasury.
Several executives of the banned RP, of which Gül was the deputy chairman at the time, were convicted of falsifying party records and hiding millions of dollars in cash reserves ordered seized after the party was shut down. As president, Gül currently enjoys immunity. Former Prime Minister and RP founder Necmettin Erbakan was found guilty five years ago in the same fraud case. Gül, who served as minister under Erbakan with the RP, pardoned Erbakan in 2008 due to his age and ailing health.
Toptan, Çiçek react to decision
A court of appeals will now have the final say in the case as the reactions came from the government side against the recent court decision. There are no legal arrangements in the 1961 and 1982 Constitutions on whether an active president can be judged, also leading to controversy among legal experts over whether Gül can stand trial.
"It is unthinkable that presidents are not protected by immunity when deputies are," Deputy Prime Minister and government spokesman Cemil Çiçek told reporters following a Cabinet meeting Monday. "I personally believe that presidents have immunity." Parliament Spokesman Köksal Toptan said Gül could be judged because he has immunity as long as he is serving as president and as much as the deputies have.
"Presidents can solely be put on trial for treason, and this requires very rigid conditions," Toptan said. "The president being put on trial for the alleged case is likely to force the laws and basic principles safeguarded by the Constitution."
"The presidents can’t be judged for any reason other than treason in accordance with the Constitution," Gül’s office said in a written statement. An Ankara court ruled Monday that Gül should stand trial in the case publicly known as "the missing trillions," involving millions of dollars of missing funds from the Welfare Party, or RP, which was closed in 1998 for violating principles of secularism. The Ankara Public Prosecutor's Office had earlier ruled for the dismissal of legal proceedings against Gül over the case.
"The efforts in some circles to attempt to present our president as a suspect although he is not charged and in the process of being tried doesn’t demonstrate good will," said the statement. Gül, a co-founder of the ruling Justice and Development Party, or AKP, was elected president in 2007. The fraud case dates back to the late 1990s, when the Islamic-rooted Welfare Party, or RP, a predecessor to the AKP, was accused of misappropriating funds from the Treasury.
Several executives of the banned RP, of which Gül was the deputy chairman at the time, were convicted of falsifying party records and hiding millions of dollars in cash reserves ordered seized after the party was shut down. As president, Gül currently enjoys immunity. Former Prime Minister and RP founder Necmettin Erbakan was found guilty five years ago in the same fraud case. Gül, who served as minister under Erbakan with the RP, pardoned Erbakan in 2008 due to his age and ailing health.
Toptan, Çiçek react to decision
A court of appeals will now have the final say in the case as the reactions came from the government side against the recent court decision. There are no legal arrangements in the 1961 and 1982 Constitutions on whether an active president can be judged, also leading to controversy among legal experts over whether Gül can stand trial.
"It is unthinkable that presidents are not protected by immunity when deputies are," Deputy Prime Minister and government spokesman Cemil Çiçek told reporters following a Cabinet meeting Monday. "I personally believe that presidents have immunity." Parliament Spokesman Köksal Toptan said Gül could be judged because he has immunity as long as he is serving as president and as much as the deputies have.
"Presidents can solely be put on trial for treason, and this requires very rigid conditions," Toptan said. "The president being put on trial for the alleged case is likely to force the laws and basic principles safeguarded by the Constitution."