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May 25, 2012
 
 
 
 
 
 
Columnists 03 October 2009, Saturday 0 0 0 0
MEHMET KAMIŞ
m.kamis@todayszaman.com

The spear will not fit into the sack

In a country where there have been 17,500 murders with no perpetrators found, almost all of whose case files have been shut, a journalist was given a jail sentence for unveiling the Ergenekon terror organization.
Star daily columnist Şamil Tayyar published a telephone conversation which took place between two Ergenekon suspects, Güler Kömürcü and Tuğrul Türkeş. He was then found guilty of “violating the privacy of personal life and communication.”

Tayyar has been given a jail sentence of one year and three months for publishing information regarding the Ergenekon indictment. Normally, once the indictment has been accepted, privacy is lifted and the case becomes open to the public. So why has Tayyar been given a jail sentence over publishing information which an average citizen could do a quick search online and find for themselves? What can be said about such a penalty? The court, however, is suspending the sentence. This itself is a decision which makes clear the intentions of those who handed down the penalty. Along with the suspended sentence, there was a decision made to keep the journalist under five-year judicial supervision. In their own way they are trying to ensure that Tayyar does not write anything about Ergenekon for the next five years.

 A similarly harsh penalty will follow suit for journalist Mehmet Baransu next. They'll wag their finger at him saying, “If you ever write anything about the reality of Dağlıca, the soldiers who were killed by a grenade whose pin had been removed, the Aktütün raid, the conspiracies of Dursun Çiçek, then you know exactly where you're headed!” And they most likely won't omit saying, “Here, take this penalty so that it can hang over your head like the Sword of Damocles!” Turkey is surely an odd country in a way. It is not a crime to kill, abuse power, establish gangs or take advantage of the governmental resources with regard to shady relations. What is a crime is exposing and writing about people who partake in such things. As people living in this country and trying to understand what is going on, we are currently following the case that has been opened up against Baransu. Let's watch and see what unfolds.

Baransu's biggest crime is exposing a plot against the innocent. In actuality, this journalist has committed many crimes; however, they were only successful in having one stick! Top-level commanders chose to open a case against a journalist instead of thanking the newspaper and him for helping them purge the military of those involved in crimes.

They see no need to suspend Kayseri Gendarmerie Regiment Commander Col. Cemal Temizöz from duty, who has been placed in jail in relation to unresolved murders that took place in Turkey's southeast, at least until the case against him is settled. Similarly, military prosecutor Zeki Üçok, who was arrested after being accused of forming a gang to pursue fraudulent activities, has not been suspended from his duties. He is still considered to be on active duty.

The penalty given to Tayyar is surely not a punishment given to him alone. It's actually a symbolic threat all of those who are working to unveil evil gangs in Turkey. There cannot be a judiciary that functions in such a binary way. The judiciary is a place where justice and right are administered, not a place where illegalities are protected.

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