Turkish intel chief’s return brought to trial

ISTANBUL - Cihan News Agency

DHA Photo

Two separate lawsuits have been filed for the cancellation and suspension of execution of the reappointment of Hakan Fidan to his post as head of the National Intelligence Agency (MİT) after he had resigned to run for parliament for the ruling Justice and Development Party (AKP) last month.

Ömer Faruk Eminağaoğlu, the former president of the Judges and Prosecutors Union (YARSAV), filed a complaint to the state council on Fidan’s return to his position as head of the MİT.

Eminağaoğlu, who demanded the cancellation and suspension of execution of the decision, said when taking the 14th article of the MİT law into consideration, it was impossible for Fidan to be reinstated unless five years have passed after his resignation.

Fidan returned to work as head of the MİT late March 10 after withdrawing his application to run for parliament for the ruling party amid an ongoing legal dispute over his return to his former post.

A decree signed by Prime Minister Ahmet Davutoğlu ordering the appointment of Fidan to the head of the MİT was sent to the intelligence organization late March 10, according to news reports. They also underlined the decree will not be published in the Official Gazette, as the appointment of MİT personnel is exempted from the routine.

Meanwhile, Mahmut Tanal, a main opposition Republican People’s Party (CHP) Istanbul deputy, also litigated to the District Administrative Court in Istanbul’s Yenibosna district for the suspension of the execution, objecting to a cabinet decision on Fidan’s reassignment to his previous post.

Tanal said he filed the lawsuit because Fidan’s reinstatement is both unconstitutional and violates existing laws, referring to a law that bans the appointment of a public officer to a new post if they had resigned less than six months previous.

“The basis and procedures about the reinstatement of public officials are written in law no. 657, not in the MİT law. They are misleading the public opinion. These decisions will defame and politicize the MİT,” said Tanal.

Fidan resigned on Feb. 10 and made his official application to the AKP on Feb. 25 but had to withdraw due to strong opposition from President Recep Tayyip Erdoğan, who publicly criticized the MİT chief for quitting the key position to run for politics.

Highly critical of Fidan’s return to the MİT, opposition parties have claimed his appointment to his former post is illegal on the basis of the law on the MİT. Some opposition parties have applied to the administrative courts for the annulment of the appointment.