Among others, are allegations that police fabricated evidence against the accused. Let me explain my position. I know most of these allegations are false and are a classic defense strategy by the accused in such cases. I can see there is a lot of indisputably strong evidence in those files. However, I cannot be a blind supporter of the police or any other security apparatus. They may have made some mistakes accidentally or on purpose.
I believe wholeheartedly in the importance of these cases for the future of Turkish democracy. If there is evidence that is legally unacceptable in those files then it should be taken out and the trials should continue with the remaining evidence. If the police somehow manipulated the evidence to make the case stronger or make certain people appear guiltier, I am in favor of the harshest punishment possible for police officers, because this type of unacceptable behavior produces the most hazardous elements in these kinds of cases.
However, I have a serious question to ask all those people who claim that either they or their loved ones are victims of conspiracies in Turkey: Why have not they taken their allegations before the European Court of Human Rights (ECtHR)?
I will explain. Due to the nature of their allegations, if they had wished to, they could have received judgments from the ECtHR long ago.
Normally taking a case before the ECtHR and getting a judgment from it takes a very long time. But there are exceptions which may shorten this period significantly. The first rule of bringing a case to the ECtHR is to exhaust all domestic remedies. Namely, if you wish to bring an allegation before the European court you have to try all effective legal avenues available to you in the country against which you would take a case before the ECtHR. For all kinds of violations there are different legal avenues and you are only obliged to exhaust them.
So what does all this mean for fraudulent evidence in Ergenekon and Sledgehammer cases? Fabricating evidence or creating false evidence is a serious crime under Turkish law. A discussion on the authenticity of the evidence is, of course, part and parcel of the defense of the accused in criminal cases; but for the purposes of exhausting domestic remedies for a ECtHR case, the accused do not have to wait for the trial against to them have been completed.
Here, there is another alleged crime, committed by the police, whose investigation and prosecution which are subjected to a different legal procedure. Just like it happens for torture allegations, for the creation of false evidence, a case against police officers should be brought before an ordinary prosecutor. If the prosecutor declines to initiate a prosecution case against the police officers you can object to this decision before the criminal court for heavy offences. If the prosecutor brings a case then a trial will start. In case of a refusal, you can complete all these procedural steps in three to four months in Turkey. And that’s it. Your case is now ready to be taken to the ECtHR.
Before the ECtHR, the completion of cases normally takes ages. But there are exceptions. Given the nature of the allegations in the Ergenekon and Sledgehammer cases, if some prima facie evidence could be shown, Ergenekon people could easily convince the ECtHR to handle their case with speed. Under the Rules of the European Court of Human Rights (see Rules 39, 40, 41) the ECtHR may proceed for interim measures, in case of urgency may speed up registration and other procedures, and can give priority to some cases in light of their importance and urgency.
Putting aside all these technicalities, I can plainly say that if these people put a little energy into pursuing legal avenues, they could give the ECtHR a chance to have the final word on the fate of their cases. It is obvious that if the ECtHR were to conclude that evidence in these cases was fake or just fabricated, no court in Turkey could continue with these trials. So all these people have to do is stop their television shows, writing and distributing books and producing so much other material and just take their allegations before the ECtHR.
I am declaring here, the day a judgment is handed down by the ECtHR condemning Turkey for allowing people to be put on trial with fabricated evidence, I will be first in line to press charges against the police.
