Calls on Judiciary for a Thorough Investigation of Scandal Sex Tapes

Calls on the judiciary for a thorough investigation into the video scandals involving senior members of the opposition Nationalist Movement Party (MHP) increase as Turkey continues to be shaken by consecutive video scandals prior to the June 12 general elections.

Although Article 139 of the Turkish Penal Code (TCK) requires “complaints” from victims for the prosecution and investigation of the offenses described under “Offences against Privacy,” observers say that it is imperative for the judiciary to go after those crimes even if there are no complaints because it is obvious that the videos were acquired and distributed unlawfully, and this seems to be an organized act by a group of people to influence the election process.

Former chief prosecutor Reşat Petek pointed out that since there is the crime of threat and blackmail against the MHP politicians, and there are elements of an organized crime as the perpetrators of the crime use the same Internet site to post the videos. “Political processes have too often been interfered with in Turkey. It is not so unusual to have videos, voice recordings and other types of recordings appear at politically critical junctures. Sometimes they are publicly released sometimes not,” Petek said. “The judiciary must be vigilant to go after the perpetrators,” he added. President Abdullah Gül also talked about the issue on Tuesday. “This type of blackmail is both ugly and dangerous. It happens in one form today, it can occur in another form tomorrow. It is against someone today, but it may be against somebody else tomorrow,” he said, adding, “We must steadily say ‘no’ and go after the perpetrators.” The first video clip was posted online in late April showing MHP’s Recai Yıldırım and Metin Çobanoğlu kissing women in a room and insulting right-wing and conservative voters.

In early May, another video clip showed Bülent Didinmez, responsible for local party branches, and İhsan Barutçu, a parliamentary nominee, engaging in sexual relations with two young women in a hotel room. They resigned from their posts.

A group, which calls itself Farklı Ülkücülük (Different Idealism), said earlier last week in a letter published on its website that MHP leader Devlet Bahçeli had until 10 a.m. on May 18 to resign. Hours before the deadline set for Bahçeli to resign, the group posted a new message and announced the names of those featured in the sex videos in its possession.

The names included four MHP deputy chairmen as well as the party’s secretary-general and a member of the party’s Presidency Council. Bahçeli and the six deputies refused to resign in the face of the new threat, with Bahçeli saying neither he nor any other party member would resign, calling on the group to make public what they have. However, after the group posted images of a MHP deputy chairman on May 21 and threatened to release those of the others, resignations followed one after another. The six politicians resigned from their party membership and withdrew from their run for Parliament.

Meanwhile, only Didinmez filed a complaint with the Ankara Chief Prosecutor’s Office. The İstanbul Chief Prosecutor’s Office has also started an investigation. Jurists point out that victims usually abstain from making complaints in such cases fearing increased intrusions into their private lives.

Jurists who spoke to Today’s Zaman said that chief prosecutor’s office has enough leads to open an investigation and can also evaluate the testimony of MHP members who can be called to court hoping they will cooperate. Günal Kurşun, secretary-general of the Human Rights Agenda Association (HRAA) and a lecturer at Ufuk University’s faculty of law, said it would be appropriate for the Chief Prosecutor’s Office to start an investigation.

“If they have enough evidence that this incident is part of an organized crime, then a special prosecutor can be called to duty, “he said, referring to the Ergenekon case, in particular, that is carried out by a special prosecutor who has been blamed for being influenced by the government.

“Still the government should be supportive of any prosecutor who is going after the perpetrators of such crimes,” Kurşun also said referring to the videotape scandal as well as the case against Ergenekon, a clandestine network thought to have plotted to overthrow the government.

According to media reports, the Internet site where the video clips are posted is located in the United States. “It is a political, judicial and ethical responsibility for the AK Party to exert efforts to go after the perpetrators,” said human rights lawyer Orhan Kemal Cengiz. “If the perpetrator is not within the house, the puzzle can be solved in a short time.”

Cengiz added that the governmental support for the prosecution is important to involve the Turkish intelligence services in the investigation.

In response to a question, Supreme Court of Appeals President Hasan Gerçeker told reporters the perpetrators of the crime should be found and punished, and there should be cooperation if necessary with foreign countries to find who uploaded the video clips. “Otherwise, people lose their trust in the state,” he said.

24 May 2011
SOURCE: TODAYS ZAMAN