With a perception that was needed as a result of being “modern,” the republic created a regime that rendered everyone equal in front of the law. Contrary to what some believe, the society, including the Muslim segment, did not oppose this. They reached that point as a result of a gradual progression in that direction since the 1830s. But the issue was deciding on which kind of legal groundwork equality would rest on. It was evident that the new Turkey would not be able to embrace all the different understandings about law that different denominations had under the Ottoman Empire. During that time, Western countries were evolving into nations where citizens were not only equal before the state but also had the power to shape the state. But Kemalist groups were as averse to a Western-type republic as they were to the Ottoman Empire. This gave birth to a crossbreed regime that looked like a modern state from the outside but resembled the past in terms of philosophy and implementation. This regime had two main pillars: keeping the civilian administration under military tutelage and shaping the legal system within a framework that protected the official ideology. In this way no matter which party sets up the government, it would not be able to exceed the limits of Kemalism and would always be under the influence of the military when it came to politics. As global values became clear cut in the context of EU membership, the internal transformation dynamic of the Muslim segment led to the creation of a party that could become the ruling power. This development suggested that it could be the end of the crossbreed republic regime because, to the surprise of some, the majority of Turkey’s religious segment started to want to integrate with the world and transform into a Western-type democracy.As a result, we entered a period of coups and at least four plans in tandem have been made since 2002. While the Ergenekon investigation exposed these coup plans, it not only paralyzed the military but unloaded the responsibility of protecting the regime to the judicial mechanism. Present findings show that while the high judiciary is ideologically defending the regime in the wake of a threat, mid-level officials with links to Ergenekon have come into existence. One of these people was Erzincan Chief Prosecutor İlhan Cihaner, who is still under arrest. In meetings held with gendarmerie intelligence officers, this chief prosecutor took part in decisions to organize conspiracies against the Gülen community and tried to persuade individuals who were expected to carry out the conspiracies. Prosecutors leading an investigation into Cihaner obtained enough substantial evidence to arrest him and cross-checked this with information in telephone conversation transcripts.
Up to this point, the case looks pretty ordinary. However, Cihaner was not just anyone. It was clear that he had close ties with 3rd Army Commander Gen. Saldıray Berk, who is one of the most important names being investigated in the Ergenekon case. This link prompted the high judiciary to take action last week, which resulted in turning the superficial “state of law” into a parody. First the Supreme Board of Judges and Prosecutors (HSYK) stripped the authority of prosecutors investigating Cihaner. The HSYK does not have the authority to make legal assessments. It is only responsible for administrative procedures.
In other words, the HSYK made its decision without any justification because the Cihaner investigation was “unwanted” and not because it was “wrong.” The interesting part of this situation is that there is no way to fix it. That is because the HSYK’s decisions cannot be appealed. It would be beneficial to include another detail. The HSYK is made up of seven people with five chosen by members of the Council of State and Supreme Court of Appeals. On the other hand, members of the Council of State and Supreme Court of Appeals are chosen by the HSYK.
This engenders a structure that is completely independent but not impartial because it defends and protects the state’s official ideology. While this situation paves the way for the high judiciary to engage in politics just like a political party, it excludes it from political oversight. And in Turkey this is called a “state of law.” Naturally, the Supreme Court of Appeals and Council of State always adopt a stance that is in favor of the HSYK, and parties such as the Republican People’s Party (CHP) not only defend this structure but even make a visit to the arrested Cihaner. The half-breed modernity adventure in Turkey recalls the last days of Pompeii.
