Recently, the government has offered a legal amendment to abrogate the powers of the prosecutors vis-à-vis MİT members. The prosecutors will not be able to prosecute MİT officials without prior authorization by the prime minister. While Parliament was discussing this amendment, which made the prosecutors ineffective, it was reported that a court admitted an indictment forwarded by the prosecutors in regards to former Chief of General Staff İlker Başbuğ. Başbuğ is already under arrest and a lengthy prison sentence is being asked for in the indictment. The prosecutors are asking life in prison for Başbuğ.
There is a link between the trial of İlker Başbuğ and the inability to prosecute MİT members. In the justice system, MİT and the government are placed on one side of the scale held by the prosecutors and the Turkish army on the other. The same scale is applicable to both cases. But the side where the government is placed appears to be more influential. Parliament has interfered with this scale by introducing a new law.
The charges against Başbuğ are pretty grave. They include serious offenses, including causing disorder in the country and creating an environment of chaos that threatens the enjoyment and exercise of individual rights and freedoms. Başbuğ is defined as the top executive of the Ergenekon organization, which infiltrated the Turkish Armed Forces (TSK). The arrest of a former chief of General Staff and his trial in accordance with this indictment, which asks for a heavy punishment, is an important development for Turkey. However, the government’s recent measures to block the prosecutors and prevent them from taking action vis-à-vis MİT-related allegations have created a state of imbalance that we cannot understand.
The power that the prime minister acquired in respect to the MİT undersecretary made him the holder of similar powers for Ergenekon suspects as well. This exceptional power vested in the prime minister for MİT members and others empowered and assigned by the MİT undersecretary puts the prime minster in a position that could stop the ongoing legal processes. This empowers the executive branch in respect to the ongoing coup investigations.
The argument by the prime minister in respect to the coup investigations that he would not interfere with the judicial matters is contradicted by this new piece of legislation. Wouldn’t a similar legal change suffice to release the generals currently under arrest and in detention? What is dangerous is that the prime minister has become a party that could be negotiated with in this new setting. This power could put him into a delicate position. The trial of a MİT undersecretary or an ordinary MİT official now requires prior authorization by the prime minister. But why doesn’t a chief of General Staff who previously led a huge army enjoy such a privilege? Now, it could be expected that the military would ask this question and resort to different methods in an attempt to exert pressure upon the government.
The power struggle within the state has been carried out over three dimensions up to the MİT crisis. Since the 2010 constitutional changes, the government and the judiciary has worked in harmony and addressed the coup attempts effectively. More than 50 generals were arrested and put in jail. Currently, the government and the judiciary are in a state of disagreement. This will result in the alleviation of the pressure on the coup investigations.
The power struggle within the state has always been harsh and strong. This requires changes in the alliances formed depending on the circumstances. It could be expected that the new power balance after this crisis would be closer to democracy because this time, the balance will be maintained between the judiciary and the political administration. If the military is to become part of the government within this balance of power, this becomes possible only through an army that can be checked.
