Lawyers' Esenyurt exit: Article 45 should be implemented

News: Mevlüt Tosun

Esenyurt Mayor Ahmet Özer was released from custody today during a hearing on the terrorism investigation into the alleged involvement in the City Consensus. Özer, who was also imprisoned in the Aziz İhsan Aktaş Crime Organization case, has not been released from prison.

The decision to release Özer from the terrorism investigation has reopened the trustee debate in Esenyurt.

Legal experts Prof. Dr. Metin Günday and Lawyer Ruşen Gültekin answered the questions "Should the Parliament elect a Deputy President to replace Özer?" or "Should the trustee continue?" to TELE1.

Lawyer Mehmet Ruşen Gültekin stated that the trustee should be removed and the municipal council should elect a deputy mayor, saying, "The country has become such that they've told the man, 'We're not keeping you as a Kurd, but you're in prison because you're a CHP member.' That's the situation. Can we call this law? Just two weeks ago, the request for release was rejected. What's changed now? Nothing has changed."

ARTICLE 45 REMOVAL

Administrative lawyer Melih Günday, referring to Article 45 of the Municipal Law regarding the state of trial without detention that constitutes trustee management, said, "Unless there is a conviction, and unless that conviction becomes final, Mr. Özer cannot be considered guilty of this crime, due to the presumption of innocence. Therefore, in my opinion, the legal basis for the appointment of a trustee has been eliminated."

Günday continued his words as follows:

"On the other hand, there's a detention order in the case filed for 'tender rigging,' and he remains in custody. A trustee cannot be appointed to a municipality based on such an accusation. According to Article 45 of the Municipal Law, the Esenyurt Municipal Council must be convened by the Governor's Office for a maximum of 10 days, and this council must elect a deputy mayor from among its members."

Source: NEWS CENTER