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May 25, 2012
 
 
 
 
 
 
Columnists 18 July 2009, Saturday 0 0 0 0
MEHMET KAMIŞ
m.kamis@todayszaman.com

A HSYK that is against the law in Turkey

During the week in which the agreement for the Nabucco natural gas pipeline, which has made Turkey a key country in terms of energy, was being signed, the Republican People's Party (CHP) took a judicial reform that was going to carry Turkey to a level of democracy equivalent to the standards of Western nations to the Constitutional Court for revocation.
I happen to think that the high court will not cancel the legal reform because in the end, the law falls into the realm of judicial reform, one of the most important factors in Turkey's EU journey. It is obvious, as well, that with the exception of the CHP, Turkish society has reached a consensus on the matter. This country, which has spent its last 50 years with coups, has paid a big price for these interventions that took place with various justifications. A large portion of our national energy over the past 50 years has been lost on coups.

Each effort and work that would have prevented coups in Turkey was subjected to operations by clandestine groups. When things were not going well for these deep forces, the Supreme Board of Judges and Prosecutors (HSYK) came through as the final resort, leaving the period of judicial proceedings barren with changes being made to the judges and prosecutors. The Susurluk case, which came to be following a traffic accident that took place on November 3, 1996 and was vehemently covered up, was in a similar fashion taken out of the public spotlight and put on the backburner following changes to the judges presiding over the case. A judge that the HSYK commissioned during that period is now serving as the lawyer of Ergenekon suspect Kemal Alemdaroğlu. Similarly, the Şemdinli case prosecutor was removed from practicing law by the HSYK

Today, too, the Ergenekon case is trying to be maneuvered onto the backburner. A member of the HSYK wants all of the prosecuting attorneys and two judges who are members of the judicial board to be changed. But what seems most interesting to me is the request to have the prosecutors overlooking the Kurdish Democratic Confederation (KCK) operation changed. The multi-cities organization, the outlawed Kurdistan Workers' Party (PKK) and the operations against the KCK must have really gotten under someone's skin as they are requesting that changes are made. The frustration over the Ergenekon case can be somewhat understood, but it's hard to understand what could be bothersome about the KCK operation. Could there be some people who are concerned that there is something about the KCK organization that is yet to be exposed?

Every country wherein crimes with unknown suspects are not investigated, there is no case opened against the urban organization of a terror organization and gangs formed by the privileges provided by the government are not cornered, can always be made into a place conducive to a coup. A prosecutor has stood up against the organizational section of the PKK, which has been consuming the children of this nation for 30 years. But someone is very bothered by this. Do you think this is a situation that can be explained? The prosecutor that pursued the martyrdom of Col. Rıdvan Özden is also bothering some. What exactly is happening in this country and what has been happening all these years?

I think CHP leader Deniz Baykal is someone who knows the answer to what is going on in this country the best. Baykal is offering mind-boggling suggestions while taking the judicial reform which will prevent civilians from being tried in military courts and allow for the coup perpetrators to be tried in civilian courts, to the Constitutional Court. Baykal is saying: “If we're talking about democracy, come let us lift the diplomatic immunity for deputies. Let us remove the minister and undersecretary of the HSYK.” Baykal is continuing to sound like the voice of the deep state within the state. He is continuing to hit out at this country's elected people -- as if the deputies are the only people with diplomatic immunity. He does not even touch on the topic of those who have been assigned to posts who are untouchable, cannot be tried and neither can their trial ever be suggested. He wants for the minister and his undersecretary, which he sees as being a hurdle in the HSYK being a complete operational center, to be taken out of the HSYK's committee.

Yes, let's remove the minister and undersecretary so that the HSYK can comfortably abuse the prosecutors who are chasing down the PKK and crimes with unknown suspects, and whimsical judgment calls can be made against judges and prosecutors who are trying to chase down those who are causing chaos in Turkey. So that Şemdinli's good children can comfortably take lives in this country… So that forces that are disguised as the KCK can comfortably carry out terrorist acts that alter the direction of politics. Let someone tell us how many of those who took part in actions that created chaos in this country have been found and stood trial. Leftist, nationalists, Kurds, Alevis, families of martyrs and religious communities who have been victimized by the coups of the last 50 years, for various reasons, it's time to wake up to the game that is being played. Is the price that we have played for such mischievous games not enough?

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