Reasoned decision regarding the persons who were dismissed by the decision of the High Council of Judges and Prosecutors dated 24/08/2016 numbered 2016/426 24.08.2016

In Article 3/1 of the Decree Law No. 667 Regarding the Measures Which Are Taken Within the Scope of the State of Emergency that entered into force by its publication in the Official Gazette dated 23/07/2016, No. 29779, it is stated that; 'it has been provided that those who have been deemed to be members of, affiliated with or coherent to the terrorist organizations or the structures, entities or groups which have been determined by the National Security Council to function against the national security of the State or contact with them are deemed unsuitable to exercise their duties and a decision will be taken on their dismissal by the absolute majority of General Assembly of the Constitutional Court for the members of the Constitutional Court; by the First Presidency Board of the Court of Cassation for the head of chamberand members of the Court of Cassation; by the Presidency Board of the Council of State for the head of chamber and members of the Court of Cassation; by the Presidency Board of the Council of State for the head of chamber and members of the Council of State; by the General Assembly of the High Council of Judges and Prosecutors for the judges and prosecutors and by a commission consisting of a head of department and a member who will be designated by the Vice -presidents and President of the Court of Accounts under the chairmanship of the President of the Court of Accounts for the members of profession of the Court of Accounts...'.

Within the scope of the assessment which is made under Article 3 of the Decree Law No. 667; the information concerning admission of the relevant persons to their profession, training centers, activities in the Justice Academy of Turkey, their participation to in-service and foreign language trainings, duties abroad, appointments to the specially authorized prosecution offices, courts or administrative duties, the criteria which are considered during the appointments to specially authorized courts that are utilized as a weapon as judge or with other titles, to the Presidency of Inspection Board as president, vice-president or inspector, to administrative institutions as rapporteur judge, head of department or deputy head of department, director general or deputy director general, information and documents in the personal files, posts in the social media, complaints, denunciations, inquiries and investigation files, decisions which are taken in relation to them, research in the crime scene, actions and decisions which were taken by the judges and public prosecutors handling the files related to FETO/PDY terrorist organization, records in the encrypted communication programs which are utilized by terrorist members, disciplinary punishments and dissenting opinions by the High Council of Judges and Prosecutors in relation to the persons whose membership of FETO/PDY is verified by the reports of the Anti-terrorism departments of Security Directorate General, information concerning the social environment, information and documents procured from Ankara Chief Prosecutor's Office, the nature of the investigation which was launched by Ankara Chief Public Prosecutor's Office, alleged criminal offenses, custody and detention in relation to the relevant persons, statement and interrogation reports of the judges and public prosecutors whose statements were taken, statements of the confessors to the crime as well as other information and documents are submitted to the members of the High Council of Judges and Prosecutors for evaluation. Pursuant to the decision of the General Assembly of the High Council of Judges and Prosecutors dated 24/08/2016, No. 2016/426, as the membership of and affiliation with FETO/PDY organization is verified for 2847 judges and prosecutors in the annexed list, their dismissals from profession is decided under Article 3 of the Decree Law No. 667.

To the kind attention of the public opinion.

Judiciary of Turkey