The judiciary looks to the Palace for a decision

Policy Service

While the echoes of AKP President Tayyip Erdoğan's promises of an AKP-MHP-DEM alliance process following the PKK's symbolic arms laying down ceremony continued, CHP Esenyurt Mayor Ahmet Özer, who was detained yesterday, appeared before the judge for the second time.

Özer, who was detained and arrested seven months after being elected president and replaced by a trustee, was tried on charges of "being a member of the PKK/KCK" within the scope of the file known as the "city reconciliation."

The court ordered Özer's release. However, he will remain in prison as part of the Istanbul Metropolitan Municipality case.

Witness Erkan Çakır, who testified in the case and is currently in prison for "fraud," stated, "Ahmet Özer said 'Pekeke,' we say 'Pekaka,' so it's clear he's a member of the organization." It was also stated that Çakır testified in the CHP congress file.

Sezai Bayram, who had a 3,600 TL transfer with Ahmet Özer, and his nephew Muhammed Sertaç Özçoban, who is said to have had various other money transfers with Özer, were interrogated. Özçoban stated that the money transfers were funds collected from family and friends for Özer's election campaign in Esenyurt. Özçoban said, "They were cash donations collected for Ahmet Özer through collective effort. The collected funds were deposited into the account used for the President's election campaign, as instructed."

Alaattin Erdoğan, who was later determined to have had 131 phone calls with Özer, was heard as a witness. Erdoğan, who stated that he has lived in Mersin for over 30 years, said he contacted Özer as an academic regarding his mayoral candidacy and other political matters, adding, "I engaged in dialogue with Ahmet Bey on political matters. Beyond that, I have neither knowledge nor experience that Özer is affiliated with an illegal organization."

The hearing witnessed Ahmet Özer and Selman Günbat, who was found to have been recorded on the HTS system 74 times. Günbat said, “I served as the HDP Mersin Provincial Chair in 2016. Mr. Ahmet is a well-known and respected figure in the Mersin community. He wanted to enter politics. All these discussions were within this framework.”

After the witnesses were heard, Ahmet Özer reacted to Çakır's statements: "I just want to say something about Erkan Çakır. He's a man known publicly as a lunatic. It's as if I asked for 70,000 lira for a settlement. There's no such thing. He made accusations against me about being a member of a terrorist organization. There's animosity between us. Erkan Çakır is someone who posted on social media not only against me, but also against the Metropolitan Municipalities of Istanbul, Mersin, and Adana. Your court should not accept this person's testimony. This person is a liar and a slanderer. He insults everyone he encounters. All of these allegations are baseless. How can we achieve social peace if we keep the courts busy with everyone's tweets?"

"THE PERIOD THAT BAHÇELİ CALLED FOUNDER"

Özer also asked, "At a time when Mr. Bahçeli calls Öcalan a founding leader, when Öcalan's speeches are valued, and when the peace process has begun, I am being held prisoner here because 11 years ago, in İmralı, my name was mentioned as suggesting that I could contribute to the peace process. Numan Kurtulmuş's name was also mentioned in the same meeting. It is said that he could also contribute to the process. He is the Speaker of Parliament, am I a terrorist?"

The presiding judge warned Özer twice because he repeated some of the same statements he had made in the first hearing. He warned him that he would be forced to stop speaking if he repeated his previous statements. Özer asked, "I've been in prison for nine months, waiting to defend myself. Don't I have the right to defend myself?"

Özer's lawyers, Hasan Sınar, Hüseyin Ersöz and Seraf Özer, who took the floor later, also reacted to Erkan Çakır's statements.

The prosecutor's office requested the continued detention of Ahmet Özer. The court ordered his release on probation and a travel ban.

HE WILL STAY IN PRISON DUE TO ANOTHER CASE

Özer will remain in custody due to an investigation launched on January 21st into alleged tender fraud in which Aziz İhsan Aktaş was the informant. The court adjourned the case until November 3rd for a final opinion on the merits.

Speaking in front of the prison after the decision, CHP Deputy Group Chairman Gökhan Günaydın said:

We have seen that this case has completely collapsed. I offer my condolences to all our friends who believe in democracy, justice, and the CHP. The current process is entirely political. The issue doesn't end with Ahmet Özer. Esenyurt is being governed unjustly and unlawfully by the district governor and three council members. The will of Esenyurt must return to Esenyurt. We demand the release of all our mayors, especially Ekrem İmamoğlu.

THE TRUSTEE HAS NOW LOST HIS SUPPORT

Following the case, administrative lawyer Metin Günday commented, "Due to this release decision, the process of appointing a trustee to the Esenyurt Municipality has also lost its legal basis." Günday continued, "Although the trial is ongoing, he cannot be considered guilty of the crime he is accused of until his conviction is rendered and finalized, in accordance with Article 38/4 of the Constitution (guarantee of presumption of innocence). Although he is currently in detention in another ongoing case related to his duties, this detention alone cannot be grounds for appointing a trustee. Therefore, the legal course of action should be to abolish the trustee appointment process and pave the way for the election of a Deputy Mayor from within the Municipal Council through the regular procedure, in accordance with Article 45 of Municipal Law No. 5393."

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PROVEN TO BE POLITICAL

The release decision against Ahmet Özer proved that the terrorism investigations launched against opposition mayors are political.

Accordingly, all the accusations began with Özer's arrest on January 31st, and 10 people, including Ataşehir Deputy Mayor Livan Gür and Kartal Deputy Mayor Cemalettin Yüksel, were arrested. On March 19th, seven people, including Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu, were arrested as part of a "terrorism investigation." The names of two individuals were not disclosed. Deputy Secretary General of the Istanbul Metropolitan Municipality Mahir Polat, Şişli Mayor Resul Ekrem Şahan, Reform Institute President Mehmet Ali Çalışkan, and Şişli Deputy Mayor Ebru Özdemir were among the names mentioned in the investigation. The prosecutor's office alleged that "İmamoğlu, along with other suspects, personally approved the lists of municipal council members in the local elections and that the suspects committed the crime of aiding the PKK/KCK organization."