Whatever the general's motive, it was obvious that the era of coups was over. For, once again, the head of the TSK was vowing to stay loyal to the Constitution and that no one in the institution he leads would be involved in illegal acts such as attempting an armed takeover of the legally elected government.However, there are other issues related to the military tutelage of the regime, such as the military justice system not only creating a bifurcated judiciary but violating the basic principle of impartial justice. The military justice system, both at the level of prosecution and litigation, is part of the military chain of command and has no independence from the military hierarchy. Any case related to military affairs or interpreted as such is a matter of military adjudication. For example, criticizing a military act or military personnel, or for that matter conscientious objection, has been traditionally interpreted as “defiling the military institution,” and the civilians who have been accused of such acts have been prosecuted and judged in military tribunals
Lately, the military justice system has demonstrated how (im)partial it could be during the investigation into Col. Dursun Çiçek, who is believed to be the signatory of a fresh document allegedly exposing a still-active group in the TSK ready to ward off the “grave” (sic) danger posed by the incumbent government and the Gülen movement (a voluntary solidarity group that is born out of the need for social solidarity, economic achievement and educational support for modest social cohorts that is inspired by Islamic ethics), who they believe to be adamant in setting up a Shariah regime. The colonel has categorically denied that it was his signature on the leaked document, however; the signature on the document has a great similarity to his previous ones. A number of specialized institutions have studied Col. Çiçek's signature on the document and found profound similarities with his previous signatures. What confounded the prosecution procedure is that he signed his name differently after being interrogated by the military prosecutor.
The police department has filed a report stating that the colonel changed his signature during interrogation and that the military prosecutor has overlooked this fraud. The military authority's only justification is the fact that the leaked “document” was a photocopy, not an original. Indeed, Başbuğ seized on this argument and called the so-called document a sham, “just a piece of paper.” Additionally, Gen. Başbuğ recently appeared before the press and declared that the weapons and ammunition unearthed during Ergenekon raids did not belong to the military. He pointed a finger at the police force. It did not take too long for the police department to respond, stating that there are no missing items in their inventory that resemble those that were unearthed. Soon after, the Turkish Mechanical and Chemical Industry Corporation (MKE) reported that some of the grenades and shoulder-fired missiles (LAW weapons) found were produced for and delivered to the TSK. The General Staff has not responded to this vital correction. Now the same authority is claiming that there are no putchists in the TSK and no group hoping to engage in a future coup despite the many loopholes in the military prosecutor's interrogation of the colonel.
It is obvious that the TSK wants to ward off this omen by keeping the issue under wraps. It may be expected that Col. Çiçek and his associates will be retired by the end of August. However, the amateurish and unconvincing efforts by the military authorities in dealing with the issue suggest that they are equally annoyed by the shadow cast on them by this event.
Just as the TSK wants to minimize the damage done by this new affair that implicates the institution in illegal initiatives against an elected government, the incumbent Justice and Development Party (AKP) government wants to pursue the case to the point of legally limiting the military's role in politics. The denied document and the legal procedure started to investigate it offers a golden opportunity. The AKP government has proven that it means business by passing a law at midnight June 27 allowing the litigation of military personnel for unlawful digressions from professional activities in civilian courts. Well, the rest will be an interesting process whereby we will all observe how Turkish democracy evolves or whether the “saviors” will once again save the regime to remain as rescuers.
