Having made unusual rulings in the past, the court is continuing to act like a political party and not as an element of the judicial system. Everyone must properly assess what it means to pursue legal action against a president that has taken up the initiative to resolve many critical issues, especially the Kurdish issue.You will recall that Abdullah Gül was in Syria last week. In this very critical Middle Eastern country he spoke with Bashar al-Assad on pressing issues. Al-Assad's statement that Syria would not sit at a table for talks with Israel without Turkey portrays the paramount importance of Gül's visit. In addition to Syria, Gül has made more than 30 visits to various countries in his two years in office. He spearheaded vital efforts to develop relations with the European Union, neighboring countries and powerful nations. He exerted every kind of effort to conduct sound negotiations with the EU. He went to Brussels, where he encouraged the government on Turkey's importance to the EU.
As the foreign affairs minister, he developed and maintained friendly relations with neighboring countries and continued this policy as president. He visited Azerbaijan, Georgia and Syria several times. His visit to Armenia attracted world attention. He visited Russia and afterwards Tatarstan. He made the first-ever visit by a Turkish president to Tatarstan, making it a very important visit. Furthermore, despite the war in Iraq, he visited Baghdad. He hosted US President Barack Obama in Turkey and ensured that the Nagorno-Karabakh issue between Azerbaijan and Armenia became an item on the US agenda. He attached great importance to repairing ties with Central Asia, which weakened after the late Turgut Özal, and visited important areas in the region. He brought many Turkish businessmen along with him when visiting the various countries. Gül's next target is China and he will make a crucial visit to the country in the near future.
But the president is currently focusing mainly on the Kurdish issue. Actually, the initiative Gül has taken on the Kurdish issue has been troubling for some people. These people have already resorted to provocations, such as those in 1993, to prevent violence and killing from being stopped.
Despite the Constitution's provision on presidential non-accountability, the court in Sincan identified the president as a suspect and has referred to him as such on six counts, thereby clearly violating the Constitution. The same court previously made controversial rulings on cases concerning Prime Minister Recep Tayyip Erdoğan and journalist Şamil Tayyar. This is clearly one court that needs to be handled carefully. Indeed, before going to jail, Kemal Kerinçsiz, a critical Ergenekon suspect, told some journalists that the Sincan court was very important.
The BBC published a proper analysis on the scandal of attempting to try the president in court. In it, the BBC reports that secular institutions frequently use courts to put pressure on the Justice and Development Party (AK Party). In other words, this case isn't a legal but rather a political variation. The phrase “making law a tool for politics,” is perfect for this situation.
The politicization of the judiciary is enough to tangle up the affairs of a country. Once the judiciary becomes political, it is impossible to keep things in order. Recall that just a few days ago Salih Er, the head of the 5th Chamber of the Council of State, stated that the attack on the Council of State was related to the headscarf issue, despite the fact that there have been many court rulings and evidence that it isn't. But to the contrary of what Er said, the next day the Ankara 11th Heavy Penal Court pointed to an active and legal link between Ergenekon and the attack on the Council of State. Based on this link, the court decided to merge the case on the Council of State attack with the Ergenekon case. Even if the entire Ergenekon gang starting with Alparslan Arslan were to swear to God and admit that they committed the murderers, nothing would change for the politicized judiciary because some members of the judiciary do not look at facts but at points that serve their interests.
At a time when Turkey is facing a critical threshold, a politically motivated decision to try the president over a decade-old case only serves to weaken Turkey's hand.
