Turkish judge probes tapping allegations

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Published: November 16, 2009

ANKARA, Turkey (AP) — Turkey's Court of Appeals said Thursday that it was investigating whether the Islamic-oriented government may have illegally ordered the telephone tapping of judges on the court, a bastion of secularism.

The case highlights tension between Prime Minister Recep Tayyip Erdogan, who has a strong electoral mandate, and staunchly secular Turks, including those in Turkey's traditional power bases of the military and judiciary.

Hasan Gerceker, head of the Court of Appeals, told Turkish reporters that the court was looking into the possibility that officials may have sidestepped legal procedures required for eavesdropping on the court.

"The permission of the head judge is required. Without that, the telephones of the Court of Appeals cannot be tapped," Gerceker said.

Turkish media reported that the Justice Ministry ordered the tapping of telephones of top judges and other members of the judiciary as part of an investigation into an alleged plot by hardline secularists to overthrow Turkey's government. Military officers, politicians and journalists are on trial for their alleged involvement in Ergenekon, a terrorist organization.

Citing a prosecutor's report, major newspapers and television stations said those targeted for eavesdropping included a senior judge who sought to prosecute President Abdullah Gul on corruption charges, the head of a group of judges and prosecutors that is critical of the government, and Istanbul's chief prosecutor, who is involved in the Ergenekon case.

Media organizations, including private NTV television and the pro-government Sabah newspaper, said an Istanbul court gave the order for telephone-tapping at the request of Justice Ministry inspectors in 2008.

Justice Minister Sadullah Ergin said he was unaware of the tapping.

"The orders for phone-tapping are secret. It is not possible for ministers to be informed," Ergin said. "The courts give the tapping orders while the (state-run) telecommunications agency implements them."

Eavesdropping — legal or illegal — always has been widespread in Turkey. The latest allegations could be embarrassing for the government, which seeks membership in the European Union and is trying to win public support for efforts to grant more rights to Turkey's Kurdish minority and end a long-running insurgency by Kurdish rebels.

"Judges, prosecutors cannot be tapped unless there is criminal suspicion against them," said Muammer Aydin, head of the Istanbul Bar Association.

The Justice Ministry is seeking to oust two people who were allegedly tapped — judge Osman Kacmaz and prosecutor Omer Faruk Eminagaoglu — over allegations that include flouting confidentiality guidelines. The final decision rests with a state board that handles judicial appointments.