Former Advisor İzzet Özgenç Faces Indictment Following Public Criticism of High Court Officials
Prof. Dr. İzzet Özgenç, a former advisor to President Erdoğan, faces an indictment for defamation and slander. The charges follow his public criticism of Court of Cassation members regarding the handling of high-profile judicial cases and constitutional interpretations in Turkey.
KEY TAKEAWAYS
1 MIN READ- An indictment for defamation and slander has been filed against former presidential advisor Prof. Dr. İzzet Özgenç.
- The charges follow Özgenç's public criticism of the Court of Cassation regarding the handling of a specific legal case.
- Özgenç claims he was not given the opportunity to present his defense during the investigation process.
- The case highlights ongoing tensions regarding judicial independence and constitutional interpretation in Turkey.
An official indictment has been filed against Prof. Dr. İzzet Özgenç, a former legal advisor to President Recep Tayyip Erdoğan. The charges, which include defamation and slander, stem from comments İzzet Özgenç made regarding members of the Court of Cassation (Yargıtay) in an advisory note he shared publicly on his social media accounts.
The legal proceedings were initiated after İzzet Özgenç, a notable academic who contributed to the preparation of the Turkish Penal Code, published a document titled "Information Note prepared to be submitted to the President." While the initial complaint against him featured several serious allegations, including attempting to influence judicial proceedings and targeting public officials, the prosecutor’s office determined that there was sufficient evidence to proceed specifically with charges of defamation and slander.
Background of the Controversy
The controversy centers on the case of Şerafettin Can Atalay, an attorney who was elected as a member of parliament while facing a prison sentence. İzzet Özgenç had previously advocated for urgent legal clarity to avoid a constitutional crisis regarding parliamentary immunity. In his published note, he documented his efforts to communicate these concerns to high-level officials, including Efkan Ala, Hayati Yazıcı, and Cemil Çiçek.
İzzet Özgenç argued that the Court of Cassation’s 3rd Criminal Chamber acted outside standard legal definitions when it handled the case and subsequent rulings. He further criticized the leadership of the Court of Cassation, suggesting that institutional authority was being misused and that key figures were failing to uphold the decorum of their positions. He characterized the criminal complaints filed against the Constitutional Court (Anayasa Mahkemesi) members as shameful and detrimental to the status of the rule of law in Turkey.
Following the issuance of the indictment, İzzet Özgenç expressed frustration on his social media platforms, noting that he was not consulted during the investigation process. He maintains that his actions were intended to provide expert legal counsel to the executive branch during a complex constitutional impasse. The legal community continues to monitor the development of this case as it underscores deep-seated disagreements regarding judicial independence and the interpretation of high-court decisions in the current political landscape.
