Not Employed as Public Officer Over ‘Possibility of Posing a Risk’

Having qualified to work as a public officer at the Ministry of Health, Bozkurt was not appointed. The court has rejected his objection as it is not contrary to law that he was not appointed over the possibility of posing a risk in terms of public service.

The Ankara 7th Administrative Court has rejected the application of Ergin Bozkurt, who was not assigned to the Ministry of Health despite having passed the Public Personnel Selection Examination for the Disabled (EKPSS) in 2018 and qualified to work as a public officer at the ministry.

Reviewing the application of Bozkurt, who was not appointed to the Ministry as he failed to pass the security investigation, the court has taken the "intelligence" about his mother and sisters into consideration and determined that Bozkurt could pose a risk in terms of public service.

Ergin Bozkurt appealed to court in January 2019 as he was not appointed to the Ministry of Health due to his failure to pass the security investigation.

Giving its verdict a year later, the court has rejected his application on the ground that the decision of not assigning Bozkurt is not contrary to law.

In its verdict, the Ankara 7th Administrative Court has indicated that with the decision in question, "any possible damage or danger to be incurred by the state and society was proactively prevented."

'He could pose a risk in terms of public service'

In rejecting the application of Ergin Bozkurt, the court board has referred to the inquiries that the court conducted into him and his family on the National Judiciary Informatics System (UYAP) and the court's written correspondence with the relevant authorities.

Indicating that the intelligence acquired about the mother and sisters of Bozkurt could pose a risk in terms of public service and he could not pass the security investigation considering the intelligence about him, the court has concluded that it was not contrary to law that he was not appointed to the Ministry of Health despite having qualified to do so.

'Personnel employed in public service must be sensitively selected'

In its related ruling, the court has also underlined that "identifying the security-related information about the people to be employed in important positions is of vital importance for the security of the state and society."

The court has also indicated that "the personnel to be employed in public service have to be selected as sensitively as possible."

Speaking to bianet about the court verdict, Bozkurt's attorney Huseyin Aygun has said, "The judiciary of the Nazis was the same: It would also see people as 'potential criminals' based on their birth, origin, political opinions and beliefs. It would also say 'Though they do not commit a crime now, they have the possibility to do so in the future'."

Source: English Bianet