Cumhurbaşkanı’nın Hükümlüleri Af Yetkisi

Hapishanedeki 300 teröristin Cumhurbaşkanınca hastalık sebebiyle affedilmesi sebebiyle Cumhurbaşkanı’nın hükümlüleri af yetkisi konusunda 8/2004 yılında Cumhurbaşkanlığına sorduğum soruya gelen cevabı aşağıya alıyorum. Ancak daha önce şu hususları dikkatinize sunmek istiyorum:
a- Mahkumlar nereye başvurursa vursunlar, talep C.Baş Savcılığına gönderilir.
b- Mahkumun sağlık durumunu kontrol ve rapor vermek Adli Tıp Kurumuna değil, Başsavcının gönderdiği Devlet Hastanesidir.
c- Adli Tıp Kurumu sadece, gelen raporun “Cumhurbaşkanının af etme yetkisi içinde olup olmadığını” inceler. Asla Mahkumu görmez.
d- Dosyanın Adalet Bakanlığına gelmesi sadece ast-üst meselesidir. Yani C. Baş Savcısı dosyayı doğrudan C. Başkanlığına gönderemez, Adalet Bakanlığı yoluyla gönderir. Adalet Bakanlığının sadece evrakların tam olmasını inceleme hakkı vardır.
c- Anayasa’mızın 87. maddesine göre “GENEL VE ÖZEL AF İLANI” sadece TBMM ne, 104/24 md. göre sadece “Sürekli hastalık, sakatlık ve kocama sebebi ile belirli kişilerin cezalarını hafifletmek veya kaldırmak..” Cumhurbaşkanına aittir. Af konusunda Adalet Bakanlığını görevli kılan ne bir yönetmelik ne de bir kanun mevcuttur.

SORUMA CUMHURBAŞKANLIĞINDAN GELEN CEVAP:

Yazar: Muzaffer Deligöz

Aslen Kastamonu/Araç’lı olan Muzaffer Deligöz, 25.05.1940 tarihinde doğdu. Orta Okulu Araç’ta, Liseyi Kastamonu’da bitiren Muzaffer Deligöz, 1960 yılında Ankara Hukuk Fakültesine kaydoldu. Bu sırada Ankara’da gazeteciliğe başladı. 1963 yılında “İHLAS”, “Kitap Dünyası” “UHUVVET” Gazetelerinde görev aldı. Daha sonra 1964 de İzmir’de “ZÜLFİKAR” Gazetesinde çalıştı. Bu sırada Korgeneral Faruk Güventürk hakkında yayınladığı yazılar sebebiyle 3 ay Cezaevinde kaldı. Generaller, Muzaffer Deligöz’ü Hukuk Fakültesinde öğrenci olmasına rağmen askere sevk ettirdi. Bu sebeple askerliğini Yedek Subay Öğretmen olarak Turgutlu’da yaptı. Askerlik sırasında İlahiyat Fakültesine kaydoldu. Askerlik sonrası Ankara’ya gidince; İstanbul’da yayınlanan “İTTİHAD” Gazetesinin önce meclis muhabirliğini, daha sonra da Ankara Büro Şefliği yaptı. 1968 de İstanbul’a yerleşerek, İttihad Gazetesinin Yazı İşleri Müdürlüğü görevini üstlendi. 1968 Haccında İttihad Gazetesinin Türkçe/Arapça Nüshasını Mekke’de neşrederek bir ilke imza attı. İttihad Gazetesindeki ihtilaflar sebebiyle gazeteden ayrılınca, ”Doğu Haber Ajansı- Eastern News Agency” adıyla Ortadoğu haberleri Türk Basınına veren bir Haber Ajansı kurdu (1970). Kesintilerle devam eden ajans halen Ortadoğu’dan Ekonomik haberler vermekte. 1968 de Milli Türk Talebe Birliğinin Basın-Yayın Müdürlüğünü de yapan Muzaffer Deligöz, görevde kaldığı sürece “Milli Gençlik Dergisi”ni de yayınladı. 1971 de Diyanet İşleri Başkanlığı Basın Bürosunda görev alan Muzaffer Deligöz, “Diyanet” Dergisi ile “Diyanet” Gazetesinin ilk çıkışlarında görev aldı. 1973 de yayın hayatına giren “Milli Gazete”nin kuruluşunu ve İlk Yazı İşleri ve Genel Yayın Müdürlüğünü yaptı. 1981 tarihinde Suudi Arabistan’a giden Muzaffer Deligöz, 1981-1992 yıları arasında Suudi Tanıtma Bakanlığının ve Türk Elçiliğinin akredite ettiği gazeteci olarak çalıştı. Bu süre içinde; İslam Haberler Ajansının Türkiye temsilcisi ve Doğu Haber Ajansı olarak İslam Ülkeleri haberlerini Türk gazetelerine gönderdi. Yine bu süre içinde Türk için Hac süresinde yayınlanan “TÜRKÇE GAZETE” yi 6 yıl Türkçe olarak çıkardı.. 1992 yılında Türkiye’ye döndükten sonra çeşitli çalışmalar yapan Muzaffer Deligöz; 6 yıl “ÜSKÜDAR Fm” Radyosunun Danışmanı, 1 yıl da “Radyo Çağ”ın Genel Müdürü olarak görev yaptı.

“Cumhurbaşkanı’nın Hükümlüleri Af Yetkisi” için 75 yorum

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