A permit was requested for starting an investigation against former Minister of Interior Muammer Güler, who was the governor of Istanbul when Hrant Dink was murdered, and Ministry of Interior declined this request by deciding “not to put it in process”. Supreme Court Prosecutor's Office objected to the decision of Ministry of Interior.
As part of the investigation on Hrant Dink murder, the case file was sent to Supreme Court Prosecutor's Office for taking action against Muammer Güler, since he is a former Minister of Interior. And Supreme Court Prosecutor's Office sent it to the parliament since Güler was also an MP. Then, it was referred to the Ministry of Interior, because he is no longer an MP and a former governor. The ministry had decided “not to put the request in process” on December 25.
Appeal to the Council of State
Supreme Court Prosecutor's Office appealed to the Council of State about ministry's decision. The Prosecutor's Office stated that Ministry of Interior should carry out a preliminary examination and decide whether there should be an investigation after the examination is completed. In the petition of appeal, there are some parts from the bill of claims about Muammer Güler. “Providing information and documents about ECHR's judgment finding a violation, the report of the State Supervisory Council, Hrant Dink's meeting with the deputy governor and two officials from the intelligence office because of the information about assassination, Patriarch Mesrob II Mutafyan's letter to Muammer Güler in which he requested precautions about threats against Armenian society, it is claimed that Muammer Güler had known about the assassination of Dink.”
In the petition, it is also pointed out that, according to the Law of Provincial Administration, it is the governor's duty to decide taking all the precautions possible and to monitor those precautions for preventing crime, maintaining public order and security and executing all the necessary law enforcement practices in order to constitute the public peace.
In the petition, Supreme Court Prosecutor's Office also referred to the Protection Law. “When the intelligence office and other intelligence units find out that there are people who are faced with serious threats and need to be protected, those people should protected with the motion of those institutions. And the governor is the head of the Provincial Protection Committee.”
Dink family's lawyer Hakan Bakırcıoğlu also objected against the ministry's decision. Appealing to the Council of State, Bakırcıoğlu referred to ECHR's judgment.
It is also pointed out that Güler has heavy responsibility in the failure to prevent Dink's murder and an indictment should be written against him. The lack of indictment is against the judgments of ECHR, Constitutional Court and the Supreme Board of Judges and Prosecutors.
In the petition, it is requested Istanbul Chief Public Prosecutor's Office carries out a direct investigation against Muammer Güler.
The investigation file is left to Fidan
The prosecutor who will carry out the investigation against the public officials is also revealed. Istanbul Chief Public Prosecutor Deputy İrfan Fidan will takeover the investigation. The investigation file was sent to Istanbul Chief Public Prosecutor's Office, after Gökalp Kökçü was reassigned. Fidan is the prosecutor who carried out the investigation against journalists Can Dündar and Erdem Gül.
On December 2014, Gökalp Kökçü was assigned to the investigation against public officials. He wrote an indictment against 26 public officials, including Engin Dinç and Celalettin Cerrah and this indictment was returned by Istanbul Chief Public Prosecutor's Office twice. After the indictment was accepted by 14th High Penal Court, Gökalp Kökçü was reassigned.