It was learned that the Akbil case, filed against President Erdoğan regarding his term as the Istanbul Metropolitan Municipality Presidency, was taken off the shelf and concluded with an acquittal. According to the information obtained by DW Turkish, the Akbil case file, which was opened against President Recep Tayyip Erdoğan regarding his term as the Mayor of Istanbul Metropolitan Municipality (IMM) and was stopped on the grounds that he had immunity, was opened upon the request of Erdoğan’s lawyers and resulted in acquittal. It was learned that the acquittal decision was finalized because there was no objection by the prosecutor’s office. The Akbil case was based on the allegation that 2.6 trillion TL worth of corruption was committed in Akbil, the payment tool for urban public transportation vehicles, during President Erdoğan’s term as Istanbul Metropolitan Municipality Mayor. Within the scope of the investigation, 65 people were initially detained and a lawsuit was filed against 37 people in this context.

What was the Akbil case?

About Erdoğan at that time and Ali Müfit Gürtuna, who was the Mayor of Istanbul Metropolitan Municipality after him "embezzle money or acquire property while on duty" A prison sentence of not less than 14 years was requested for each of the allegations. The then Üsküdar 2nd High Criminal Court decided to acquit 29 defendants in the case that ended in 2003. While the cases of two defendants were separated because they were abroad, the case of one defendant was dropped due to his death. Since Recep Tayyip Erdoğan, who was the AKP Chairman and Prime Minister at the time, and AKP MPs Mehmet Mustafa Açıkalın, Mikail Arslan and İdris Naim Şahin were members of parliament, the court panel separated the files of these defendants in accordance with Article 83 of the Constitution and ruled that a summary report be sent to the Turkish Grand National Assembly to lift their immunity. Erdoğan continued his current Constitutional immunity after he was elected President in 2014. In this process, Üsküdar Courthouse was closed and Anatolian Courthouse was established and the file was transferred to this courthouse.

They tried Erdoğan while he had immunity

However, it turned out that the part of the Akbil case regarding Erdoğan resulted in a quiet acquittal. According to the information obtained by DW Türkçe from judicial sources, the Akbil file about Erdoğan was transferred to the Istanbul Anatolian 6th High Criminal Court. Sources stated that the file was reopened after Erdoğan’s lawyers petitioned the court. His lawyers pointed out that all other defendants were acquitted and requested that the Akbil case regarding Erdoğan be handled and concluded with acquittal. However, the president of the court at that time stated that the file could not be discussed on the grounds that the President had immunity according to the Constitution. Thereupon, it was stated that the president of the court was changed and a new committee was formed. It was learned that the new court panel discussed the case and decided to acquit Erdoğan. The acquittal was finalized after the Istanbul Anatolian Chief Public Prosecutor’s Office did not object to the decision. Sources spoken to by DW Turkish, when asked how it was possible to prosecute while the President had immunity, said, “This situation was discussed in the decision. The President also had his consent.” However, President Erdogan’s official lawyers left DW Turkish’s questions regarding the issue unanswered and did not want to share the decision. Sources state that the decision was made after Erdoğan was re-elected as President in 2021. Meanwhile, it was learned that former Minister of Internal Affairs İdris Naim Şahin was tried in the same court after his term as a member of parliament ended and an acquittal was given.

How can the President be tried?

According to the Constitution, the President is tried only by the Supreme Court. The criminal liability of the President is regulated in Article 105 of the Constitution. An investigation can be initiated against the President for allegedly committing a crime, upon the motion of the absolute majority of the total number of members of the Turkish Grand National Assembly. The Parliament can decide to open an investigation with a secret vote of three-fifths of the total number of members. At the end of the investigation, the Grand National Assembly of Türkiye may decide to refer the case to the Supreme Court with the secret vote of two-thirds of the total number of members. The President can only be tried by the Supreme Court.