A group of lawyers led by Ömer Faruk Eminağaoğlu, the founding president of the now-closed Union of Judges and Prosecutors (YARSAV), has filed a lawsuit with Turkey’s Council of State seeking to annul President Recep Tayyip Erdoğan’s recent appointment of controversial İstanbul chief public prosecutor Akın Gürlek as justice minister, Turkish Minute reported.
The petition, submitted by Eminağaoğlu and a group of lawyers from the Ankara Bar Association, seeks the annulment of the presidential decree appointing Gürlek and a stay, arguing that it violates constitutional provisions prohibiting the holding of a second public office and guarantees afforded to prosecutors.
Erdoğan appointed Gürlek, who had been İstanbul’s chief public prosecutor since October 2024, as justice minister in a cabinet reshuffle announced last week.
The appointment has drawn criticism from the main opposition Republican People’s Party (CHP) and legal experts as it came after Gürlek oversaw politically charged cases involving opposition-run municipalities, including an investigation targeting İstanbul Mayor Ekrem İmamoğlu, widely seen as Erdoğan’s main rival.
Speaking outside the Council of State on Monday, Eminağaoğlu claimed that Gürlek’s judicial post as a public prosecutor had not formally ended at the moment he was appointed minister, making the move incompatible with Article 140 of the constitution, which bars judges and prosecutors from holding a second public office.
He noted that the legal status of a minister begins at the moment the appointment is published in the Official Gazette, not when an oath is taken in parliament.
Citing settled case law from the Constitutional Court, the Supreme Court of Appeals, the Council of State and the Supreme Election Board (YSK), Eminağaoğlu said legal status arises at the decisive act itself rather than at subsequent procedural steps.
“In this context, the moment of appointment is the moment when ministerial rights and responsibilities begin,” he said, adding that publication in the Official Gazette triggered the constitutional violation and that they had therefore filed for annulment effective from the moment of appointment.
Eminağaoğlu also cited Article 139 of the constitution, which guarantees the tenure of judges and prosecutors and prohibits their dismissal except under conditions explicitly provided by law.
He argued that if Gürlek’s prosecutorial office is deemed to have ended automatically upon his appointment as minister, this would amount to removal from office by administrative act, which he said is constitutionally impermissible.
“No one can be removed from the office of prosecutor through an administrative decision,” he said. “Even if it is called an ‘appointment,’ what has been done constitutes a violation of the constitution.”
The lawsuit also raises concerns about Gürlek’s new role as chair of the Council of Judges and Prosecutors (HSK), the top judicial body responsible for appointments, promotions and disciplinary matters within the judiciary. Under Turkey’s system, the justice minister automatically serves as the head of the HSK.
Eminağaoğlu said numerous complaints have been filed against Gürlek regarding actions taken during his tenure in the judiciary and argued that, as HSK chair, he would effectively be involved in oversight mechanisms concerning himself.
The petition requests a stay on the grounds that Gürlek’s actions as justice minister and HSK chair could create irreversible legal consequences.
A former deputy justice minister and a judge, Gürlek has been accused by opponents of going after Erdoğan’s rivals.
Since Gürlek’s appointment as İstanbul’s chief public prosecutor in October 2024, more than 15 CHP mayors have been arrested, most of them on corruption charges that they deny.
He has also ordered investigations into hundreds of CHP members on charges ranging from graft to terrorism ties and insulting the president.
İmamoğlu, 54, is currently facing a string of legal cases, including one in which he is accused of questioning Gürlek’s integrity.
Prosecutors have also opened an investigation into CHP leader Özgür Özel over allegations that he threatened and insulted Gürlek.
Government officials have denied claims that legal proceedings against opposition figures are politically motivated, insisting that Turkey’s judiciary operates independently.
