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May 25, 2012
 
 
 
 
 
 
Columnists 03 December 2009, Thursday 0 0 0 0
LALE KEMAL
loglu@todayszaman.com

Bureaucrat’s legal fight in arms deals

Among the areas in which Turkey has long been resistant to complying with European standards is its arms acquisition business, still lucrative despite the economic crisis.

Added to the problem is the Turkish military’s autonomous status that allows its heavy involvement in politics. A current trial of coup plotters that includes some retired generals and active officers has raised expectations that this will pave the way for an end to the military’s tradition of staging coups.

Although the deep state or Ergenekon trial has started, there has been no talk or intention to investigate Turkey’s problematic arms acquisition methods that have been conducted in a secret fashion while leaving the heavy financial burden on the taxpayer.

There has been no scrutiny in Parliament over arms buying, thus preventing a debate on the rationale of arms purchases. Turkey’s Undersecretariat for the Defense Industry (SSM), though affiliated to the civilian authority, has long been controlled by the military in a de facto fashion. This is despite the fact that the existing laws also dictate that a clear boundary be set between the user, i.e., the military and the buyer, i.e., the SSM or the civilian authority.

Due to the absence of transparency in the arms procurement process, Turkey’s inventory is sometimes filled with arms that are not necessary in meeting today’s threat perceptions of asymmetric warfare. While Turkey continues buying conventional arms, such as submarines, there are not adequate level of arms such as Unmanned Aerial Vehicles (UAVs), attack helicopters and other intelligence-gathering equipment required in an effective fight against the outlawed Kurdistan Workers’ Party (PKK), a war security forces have been waging for the past 24 years.

Existing laws that regulate methods of arms purchasing, meanwhile, have frequently been violated due to the absence of any civilian democratic oversight of arms buying.

However, there are some legal steps being taken that may finally pave the way for the judicial process to start investigating arms-buying methods in Turkey.

Ahmet Boynueğri, an electronics engineer working for the SSM since its creation in 1985, has made some improvement in his legal battle since 2006 for the prosecution of 11 former senior and junior level officers. He claimed that they caused serious losses to the country’s economy when they violated the existing laws that set out guidelines for the establishment of a sound Turkish defense industry base.

Boynueğri filed a complaint back in April 2006 with the Military Prosecutor’s Office of the Turkish General Staff as well as with the Ankara Chief Prosecutor’s Office, to investigate 11 officers, including two former chiefs of staff and a service commander, over charges that they violated the law by intervening in many arms acquisition projects such as the Israeli modernization of M 60 tanks, and F-4 and F-5 jet fighters. He claimed that these officers used their influence in contracting the tenders to specific companies preventing a fair negotiating process from taking place thus hindering the creation of a sound local defense industry infrastructure. Turkey is dependant on foreign countries for about 75 per cent of its critical arms technologies.

Turkish Defense Minister Vecdi Gönül stated that there was no need for an investigation into the officers subject to Boynueğri’s complaint and Ankara Chief Prosecutor’s Office did not initiate an investigation either.

However, Boynueğri stubbornly re-initiated his legal proceedings last month through the 11th and 13th heavy criminal courts in Ankara and İstanbul, which are in charge of the Ergenekon case, to have his complaints merged with the deep state trial. Some names included in his allegations are currently being tried by the court on charges of inciting armed action to unseat the government.

There are now reports that inspectors from the Finance Ministry will initiate an examination of his claims.

In a parallel process, Boynueğri applied recently to the Strasbourg-based International Court of Human Rights over charges that the Turkish General Staff and the Ministry of Defense prevented an investigation based on his claims about the Turkish officers.

Regardless of whether the criminal court will decide to merge Boynueğri’s claims with the Ergenekon investigation, the fact that he initiated a legal process over Turkey’s seriously problematic arms purchases is a step forward in opening a comprehensive debate on the future of the issue.

It is worth bearing in mind that without the strength of the arms that they are carrying, the military cannot stage coups that deal a serious blow to any country’s moves towards democratization.

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