Why did we come to this point? Because there is evidence that the higher judiciary, including the Constitutional Court, makes political instead of legal decisions. The most recent example are court ordered transcripts of former Justice Minister Seyfi Oktay’s telephone conversations that reveal how he interfered in judicial processes and made plans. The people he spoke with were the Supreme Board of Judges and Prosecutors (HSYK) deputy chairman, Constitutional Court members and Supreme Court of Appeals members.The exposure of secret connections that consolidate the conviction that the higher judiciary is controlled by a certain ideology and mentality is truly very shocking. Yes, there has always been speculation of “certain things” were going on in the judiciary. There has always been talk of a “deep state” that “gets the job done.” But even those who were involved failed to realize that the military-judiciary-media triangle was being pursued so meticulously and so expertly that it seemed democracy was truly functioning and that everything was happening according to the law. Yes, neither the judiciary nor the media, nor those who consider themselves pro-junta or pro-Ergenekon knew of such a defiant, filthy, extortionist, organized and intertwined structure that had connections in every area.
As the Ergenekon case progressed, the dimensions of the illegal structure left everyone in shock; leaders of the century-old tutelage tried to find a way out. This was the first time they experienced this. A changing Turkey, a changing world and a more conscious society was rattling and constricting the structure and system fortified by the fine-tuning of coups. They now have to make a decision.
Either rationality and logic will come into play and Turkey will be able to relax or they will fight until the end and push the country into chaos.
They have to make a choice between Turkey’s future and the continuation of tutelage. They will either say, “We don’t care if the country has gone bankrupt or is embroiled in conflict,” or they are going to come to their senses. They will either say Turkey is enough for all of us, we don’t need to fight over anything, let us live together in peace or they are going to say, “If we can’t have Turkey, then no one can.”
Either they are going to accept that the time has come for democracy, the rule of law and accountability for everyone and as a condition for this they are going to tell their men in the army, the security forces, the intelligence units, the judiciary and the media that “this is the end,” or they are going to start a fire that will continue for an indefinite period of time.
Either this or that. As we wait for this historical moment of truth, all eyes are on the Constitutional Court. The Constitutional Court is still the target of criticism that it oversteps its bounds because of two rulings it made in the past -- namely, its 367 decision and its decision to revoke constitutional amendments that allowed students to wear a headscarf at universities. With its first decision, the court imposed a quorum of 367 in Parliament even though it was not applied in the previous two presidential elections. The military did not want Abdullah Gül to be elected president. The Constitutional Court butchered the law right in front of everyone’s eyes. It interfered in the presidential elections.
The second decision prepared a strong basis to close the Justice and Development Party (AK Party).
If the court makes another political ruling, it will open the door to chaos. The Republican People’s Party (CHP) claims that the AK Party is trying to eradicate the principle of the rule of law. In other words, we are once again facing the provocation that the “non-amendable articles of the Constitution are being targeted.” The court will accept the CHP’s claim if it makes a decision based on substance and not on method.
The steps that will follow the decision are obvious: opening a new closure case against the AK Party and banning 70-80 AK Party deputies, including Prime Minister Recep Tayyip Erdoğan, from politics as well as disrupting the economy and trying to reshape politics.
But enough is enough. Stop jeopardizing the country’s future. Trust the people. Stop getting in the way. Parties that come by elections, should go by elections. Take your hands off Turkey.
