Mezâlim, Rüşvet, Cinayet İthamları Karşısında Cizre Kâimmakamı Mustafa Paşa’nın Hukuk Mücadelesi
Tanzimat devri bürokratları devleti ve toplumu derinden etkileyen rüşvetle mücadeleye büyük önem verdiler. Ancak bu noktada başka bazı sıkıntıların meydana geldiği görülmektedir. Özellikle başarılı bazı devlet adamlarının rüşvet almakla suçlanmaları, sonrasında tahkikatın selameti bakımından görevlerinden alınmaları birtakım mağduriyetler doğurdu. Böyle şahsiyetlerden biri de Cizre Kâimmakamı Mustafa Paşa’dır. O, rüşvet almakla, cinayet işlemekle, halka zulüm yapmakla suçlandı ve görevinden azledildi. Hakkında defalarca yapılan tahkikatlar neticesinde, küçük bir görev kusuru dışında isnat edilen bütün suçlamalardan beraat etti. Ancak atılan iftiralar yüzünden üç yıl kadar devlet kurumlarında görev almaktan mahrum kaldı.
Facing Accusations of Atrocities, Bribery, and Murder: The Legal Struggle of Mustafa Pasha, the Kâimmakam of Cizre
The bureaucrats of the Tanzimat period attached great importance to the fight against bribery, which deeply affected the state and society. However, it is observed that some other problems occurred at this point. In particular, some successful statesmen were accused of taking bribes and then dismissed from their posts for the sake of the investigation, which led to some grievances. He was accused of taking bribes, committing murders, persecuting the people and was dismissed from his post. As a result of repeated investigations, he was acquitted of all the accusations, except for a minor defect of duty. However, he was deprived from taking office in state institutions for three years due to the slander.
Bedirhan Bey, who was in control of Cizre and its surroundings, was captured and exiled to Crete in 1847 when he started rebellious behaviour against the orders and prohibitions of the government. Cizre and its surroundings were taken under state control and Tanzimat reforms were started to be implemented in the region. In this context, Cizre was turned into a sanjak and Mustafa Pasha, was appointed as District Governor (6 December 1847).
After taking office in Cizre, Mustafa Pasha first ensured the formation of the sanjak council. Afterwards, he showed meticulousness in matters such as maintaining public order, determining taxes fairly, and avoiding cruelty and corruption in all kinds of state affairs. However, shortly after he took office, he was complained to the Sublime Porte that he oppressed the people, did not act fairly in tax assessment, took bribes and was involved in some murders.
The presence of Reshid Pasha, the Commander of the Anatolian Army, among those who conveyed the complaints to Istanbul put Mustafa Pasha in a very difficult situation. He was investigated and dismissed for the sake of the investigation. His replacement, Mesrur Agha, who was appointed District Governor of Cizre, did not find any evidence of corruption by Mustafa Pasha during the handover process. The Sanjak Council of Cizre came to the same conclusion. However, both Reshid Pasha and the Porte were not convinced.
The Sublime Porte asked Esrar Efendi, who was sent to the region on a special mission from Istanbul, to personally deal with the issue. Esrar Efendi worked together with Esad Pasha, the Governor of the Kurdistan Province. The first findings revealed that Mustafa Pasha was innocent. Especially some aghas, whom Mustafa Pasha had arrested and sent to Muş, had not made any accusations against Mustafa Pasha, even though they were his enemies. Although Esad Pasha and Esrar Efendi were convinced of Mustafa Pasha's innocence, they continued the investigation in the belief that Reshid Pasha would find the investigation suspicious.
Mustafa Pasha's first judgement was held at the Sanjak Council of Cizre. The allegations of irregularities raised in the court were as follows: Raising the taxes beyond the tolerance of the people, awarding the tenders of taxation to his own men, taking bribes on a large scale in the appointments made to district and tribal aghas, taking money and goods from some people unjustly… etc. Mustafa Pasha gave clear and comprehensive answers to the accusations. He stated that the taxation tenders had been made before him, that the tax was determined by the Sanjak Council, that only one of his men had taken the abolished tax and that he was immediately punished, that he did not take bribes, and that he did not take even an acre more from the fees than the law stipulated. The Council's secret and public investigations did not find any evidence to prove the accusations against Mustafa Pasha.
Esad Pasha, having received the report of the Sanjak Council of Cizre and the relevant documents, requested that the matter be examined by the Sanjak Council of Diyarbekir. Esrar Efendi also participated in the discussions here. All allegations, defences and evidence were examined one by one. As a result, it was decided that none of the accusations against Mustafa Pasha were true, that he was innocent, and that he was victimised because of the slander. The result of the trial was conveyed to the Porte with a joint letter dated 28 February 1850 by Reshid Pasha, Esad Pasha and Esrar Efendi.
Emin Pasha, who had been the District Governor of Cizre before Mustafa Pasha, wrote a letter to the government claiming that Mustafa Pasha had been involved in incidents such as murder, poisoning, bribery and oppression. Emin Pasha's allegations were deemed serious since he was one of the senior pashas who had served in the region. He found the murder and poisoning cases particularly important. Grand Vizier Mustafa Reshid Pasha concluded that the investigation had not been conducted properly and that negligence had been shown, and sternly warned Esad Pasha to be meticulous in the investigation. Thus, everything was restarted in Cizre and Diyarbekir.
Thus, an intensive investigation into the alleged crimes committed by Mustafa Pasha in Cizre was resumed. However, it was concluded that he had nothing to do with the murders committed in the region, but that he had received bribes and gifts in various amounts from a significant number of people. Mustafa Pasha was not present when these matters were discussed in the Sanjak Council of Cizre and could not make a defence. Therefore, the report of the Sanjak Council of Cizre was not a court decision but an indictment.
The report of the Sanjak Council of Cizre was discussed in the court established in the Sanjak Council of Diyarbekir, attended by Esrar Efendi. Mustafa Pasha and some of the claimants were also present in the court. Based on the report sent from Cizre, the Sanjak Council asked Mustafa Pasha about the allegations one by one. As a result of the testimonies of the witnesses, the deeds sent by the people who were related to the incident but were not present, and the archive researches made when necessary, it was proved that Mustafa Pasha did not commit any of the alleged offences. The Council decided that he was not guilty of any offence and that he had been subjected to slander as a result of grudge and enmity
As a result, the Sublime Porte was convinced that Mustafa Pasha was innocent. Thus, Mustafa Pasha, whose judgement was concluded, was appointed as the District Governor of Yozgat after a great deal of effort and started to be employed in the state service again.
