Engin Karataş, who was dismissed as a classroom teacher in the Bodrum district of Muğla with the Decree-Law on October 29, 2016, filed a complaint against the OHAL Commission judges, who rejected his application, to the Board of Judges and Prosecutors (HSK).
*) His application was rejected on the grounds of his actions “I want my job” alone in Bodrum square.
In his complaint petition to the prosecutor’s office, Karataş demanded that the judges of the State of Emergency Commission be investigated for “abuse of office”.
Expulsion based on non-existing document
Karataş stated in his petition that the document stated in the reasoned decision of the commission does not exist.
)CLICK – Ministry: The expelled teacher has no affiliation with an “organization”
The State of Emergency Commission, in its application against the dismissal, is in the “Other Detections” section in the second article of the rejection decision. “In the personnel information file of the applicant, which was submitted to our Commission by the Institution, the applicant was accused of terrorism by DHKP/C. It has been determined that he has been informed about his liaison and affiliation with the organization”.
Engin Karataş stated that it was understood during the administrative court process that the mentioned document did not exist.
Ankara 22. In the interim decision of the Administrative Court, the Ministry of National Education requested all the evidence in the personnel information file, such as information, documents, investigation documents, notice petitions, and especially the document on which the commission was based. In its reply to the court on July 28, 2021, the Ministry said, “There are no examination-investigation reports, minutes and documents in our Presidency, other than the Commission decision and its annexes.”
Reason for expulsion: Protest against expulsion
Karataş also stated in his complaint petition to the HSK that the commission , stated that he cited the grounds for refusal of the lawsuits filed during the protests against demanding his job back:
CLICK – “Back to the Future” Decision from the State of Emergency Commission
“After my job was terminated by the Decree, I made protest demonstrations stating that I used my constitutional right and wanted my job back. My protests did not offend anyone. There were no complaints from the citizens. However, in some of them I was detained by the police and prosecuted. Decisions of acquittal were given by the courts.
“Once, I was detained in the press statement made at the call of my union, the Education and Science Workers’ Union. An organization propaganda lawsuit was filed against me. He was eventually acquitted. There is no final decision against me. These are the cases cited by the Commission Judges in the UYAP review.
“The judges have violated the presumption of innocence. In addition, since I had not started protesting while I was working, no lawsuit was filed to be contacted.”
He noted that no concrete evidence was presented that would necessitate his dismissal and rejection of the extradition request since there was no other evidence regarding the dismissal of Karataş.
“I carried foreign currency in silence with my knees shaking”
Karataş told bianet how he started to take action as follows :
“Before I was fired, I had never been sued or even taken into custody in my life. From the day after the expulsion, I went to my school for three days and took lessons. Afterwards, I followed Nuriye Gülmen and Acun Karadağ on Facebook and was impressed. With my knees trembling, I quietly started to carry foreign currency in the Bodrum Municipality square in front of my school.
“When I was detained for the first time, when the police wanted to put me in the caged section behind the detention vehicle, I said that I did not want to go there, I would sit in the back seat. ‘The criminals are seated there. I said, ‘I’m not guilty. When I didn’t want to enter, the police pushed and forced me. After that, I got used to it. Now I’m going in myself.” (AS)
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