From this perspective, the history of Turkey can be written as a history of unsolved murders and as a history of absolute impunity for illegal structures within the state apparatus. When it comes to the political murders, assassinations and mass provocations in which “deep state” elements are involved, either no one was captured or the “suspects” were simply set free after staying in prison for a very short period.
In 2007, for the first time in our history, a prosecutor started a probe into an alleged coup plot against the current government. As you all know, this investigation, which is known as the Ergenekon (deep state) case, has turned into the biggest trial Turkey has ever witnessed.
For different reasons, different people have criticized this case. Some critics, who were just trying to whitewash everything this gang does, say this is a political case in which opponents of this government are put on trial. But they will not explain why on earth threats and attacks against minorities and intellectuals have almost stopped after the case was initiated.
Interestingly, I and some other human rights and democracy activists use a similar terminology to criticize this case but with completely different conclusions. Yes, we also believe that prosecutors have focused too much on the “political aspects” of the activities of deep state elements and have ignored so many other atrocities apparently carried out by the same gang and group. Prosecutors seem to be obsessed with coup plans, while they ignore undeniable links between attacks against non-Muslims and the gang’s intensive anti-Christian activities (see my column titled “When will prosecutors investigate Ergenekon’s anti-Christian activities?”). Similarly, it is very unfortunate that this case has not extended to include the countless murders carried out by state-sponsored gangs in southeastern Turkey or many other “unsolved murders.”
Are these courts and prosecutors capable of handling these cases? Are their eyes open enough to see all the dimensions in these cases? My answers to these questions are not very positive. The Ergenekon case is handled by specially authorized courts, which are the continuation of State Security Courts (DGMs) that were designed to protect the “high interest of the state.” These judges and prosecutors were shaped by a culture in which the highest value is the protection of the “state” against so-called internal and external enemies. This is why, I believe, they can only see the political dimensions of this case. They are now trying coup plotters who fought against the government/state. Again they do what they know, namely protecting “the state.”
Based on this we can see why, for example, these courts have consistently rejected the demands of the representatives of victims of Ergenekon-sponsored attacks to be included in the case. The court even rejected a request by Akın Birdal, former chairman of Human Rights Association (İHD), who barely survived an assassination attempt in 1998 carried out by hitmen who were clearly connected to the Ergenekon gang.
Recently, my close friend and colleague lawyer Erdal Doğan gave an interview to the Akşam daily, which I believe to provide quite illuminating explanations as to why these courts cannot solve the “unsolved murders” of the past:
“Specially authorized courts cannot judge unsolved murders. [This is] because specially authorized courts, formerly known as State Security Courts, are responsible for protecting the survival, order and status quo of the state. The police, military and bureaucrats, which are part of the state’s status quo, cannot become perpetrators or witnesses. There is resistance. For example, if there are suspicions about a police officer or soldier, then it is somehow covered up or made invisible. These courts are of the opinion that people in the governmental units mentioned above cannot commit crimes.
“There is a constant mindset that says the state will be discredited. However, the revelation of the truth in these murders that are committed will clear the state and reinforce democratic laws. For this reason a special prosecutors’ unit and courts that will investigate cases in connection with the 76th and 77th clauses of the Turkish Penal Code [TCK] needs to be established. Meaning this special court should be responsible for shedding light on crimes against humanity, or in other words unsolved murders. The judges and prosecutors’ goal should be to guard the peace and well being of society as a whole, beyond the scoped of protecting the order of the state. The authorities responsible for carrying out interrogations and probes for these courts should be given a wider latitude in conducting investigations; they should be able to obtain whichever documents they want from the government, police or intelligence units. And all establishments must help them so that they can act efficiently. The notion of ‘state secrets,’ should not be considered valid in these courts. Again, these special courts should be few in number, but competent.”
I absolutely agree with Doğan, we urgently need courts that can look at matters from a humanitarian point of view and put aside this notion of “protecting the high interest of the state.” Otherwise, unsolved murders will remain unsolved forever.
