They belittle the amendments and make it seem like they are very ordinary changes. They point out that amendments have already been made to 85 articles of the 1982 Constitution and so explain that the Constitution is no longer a coup constitution. They are making an appeal to everyone to teach the AK Party government a lesson right now while they have the chance.
This is politically unethical. They are not telling the truth.
This is so because all amendments that have been made to the Constitution in the past are amendments that did not impact the essence of the coup Constitution, which consolidates the system of tutelage. Recall that in reference to the articles that impact the essence of the Constitution former CHP leader Deniz Baykal had said, “Remove the three articles, and we’ll vote ‘yes’ as well.” The article that makes it harder to close down parties fell from the package because not enough votes were obtained. However, articles pertaining to the composition of the Supreme Board of Judges and Prosecutors (HSYK) and the Constitutional Court will be voted on in the referendum.
First, let us ask once again why the CHP and the MHP are bothered by these two articles. It is because if they are approved in the referendum, the caste system in the higher judiciary is going to collapse. The higher judiciary is going to be saved from ideological entrapment. The main pillar of the tutelage regime is falling down.
One-third of the HSYK’s 21 members will be elected by prosecutors and judges on the bench. Would this kind of HSYK discharge prosecutor Ferhat Sarıkaya at the request of the land forces commander? Would it strip him of his right to practice law? Under its new structure the HSYK cannot and will not sacrifice its colleagues due to pressure from the military.
Additionally, the amendments allow the parties involved to appeal the HSYK’s “dismissal” decisions.
Another amendment that affects the essence of the system of tutelage is the one that allows the chief of General Staff, the force commander and the gendarmerie general commander to be tried at the Supreme State Council for crimes related to their duty. The existence of this kind of provision will be a serious deterrent for commanders who overstep their essential duties.
Aside from these, there are two articles that impact the essence of the military tutelage that deeply distress the junta and its supporters. High-ranking military officers who put aside their military duties and spend their entire life planning coups, constantly envision tutelage in the structure, form juntas and fear being touched will have to think a thousand times before they talk or act.
The first of these articles states that provisional Article 15, which prevents the prosecution of members of the National Security Council (MGK), formed after the Sept. 12 coup, and officials who served in governments and the Advisory Council during that period shall be abolished. If the referendum’s outcome is in the affirmative, every aggrieved person who was tortured and treated unfairly following the Sept. 12 coup will be able to demand justice. A new legal process will start. Do not believe the CHP and the MHP when they say no one is going to be tried and that this article is just claptrap. Even if there is debate, those who still think about planning coups will be intimidated by the courage of those demanding justice.
The second amendment states that cases regarding crimes against national security, the constitutional order and its functions will be reviewed not by military courts but by judicial courts in every circumstance. If the amendments are approved, civilians will not be tried in military courts, with the exception of wartime. Juntas will no longer have hopes vested in military courts.
The amendments have nothing to do with the AK Party. Parties come and go, but the nation remains. Parties are temporary, but the rule of law and accountability are permanent.
Do not listen to the status quo. Turkey has seized a golden opportunity to get rid of the tutelary regime. This referendum is a matter of life or death for the future of this nation. Those who don’t fulfill their civic duty today will not have the right to say anything in the future.
I, with all my heart and hope, will say “yes.”
