The Supreme Board of Judges and Prosecutors (HSYK), under pressure from circles in the military, stripped the powers of prosecutors who were probing what many insiders describe as a major plot to smear civic groups in Erzincan province by planting arms and forcing witnesses to commit perjury so that they could build a case in a court of law. It eventually fell apart, however.The case almost looks like a movie script in which a top commander in the region allegedly conspired with a now-jailed prosecutor to create a frivolous case based on trumped up charges and invented witness testimony. When Justice Ministry inspectors documented major irregularities and gross violations of the law, they recommended that a special prosecutor investigate and, if necessary, prepare an indictment against those involved in the plot.
When the probe began to uncover serious violations of human rights under the stewardship of this commander and prosecutor team, the HSYK was forced to step in to remove the investigating prosecutors from the case. It did not work, however. The cover-up attempt was foiled, and many in Turkey realized what was really happening.
What is more, before the HSYK decision was communicated to prosecutors, the case was hastily referred to the Ergenekon prosecutors in İstanbul. Now Ergenekon prosecutors and İstanbul courts will take over the investigation of the alleged crimes. Faced with mounting criticism and a public outcry against the HSYK as well as other high judicial bodies who endorsed the decision, I seriously doubt the HSYK will make another attempt, this time against Ergenekon prosecutors.
It still remains a possibility, though, that the HSYK can strip the powers of Ergenekon prosecutors as well. But the case is now in a court of law, and separate indictments have already been filed and accepted by the court, and the trial is proceeding in the Ergenekon case. Additional indictments might follow suit as prosecutors are looking deep into the network of criminals. In fact, the Erzincan probe was part of the same investigation as well. So it makes sense to have a class-action type Ergenekon trial where different investigations and trials may be merged in one case in İstanbul.
I know how the case might be confusing to diplomatic circles in Ankara. When I talk to ambassadors and foreign diplomats in the capital, I am often asked to make sense of what is going on in layman’s terms and to make it clear as much as possible. It is not easy to sum it up as the case is very complex and the first ever in the history of the Turkish Republic in terms of trying coup plotters. Suffice to say that Turkey is trying to put its house in order and bring the contract terms up to date for 72 million tenants in line with case law of the European Court of Human Rights (ECtHR). A few select tenants who enjoy rent-controlled “apartments” like those in Brooklyn and Manhattan simply do not want to relinquish their privileges, and they do everything in their power to keep playing a rigged game in Turkey.
I, for one, am fed up with the constant bickering and politicking in the high judiciary, which is not very democratic and is often the subject of criticism from European partners. The decisions taken in the appellate courts continue to violate ECtHR rulings despite the body of case law strongly urging otherwise. The European court just last month declared that Turkey is the worst violator of human rights enshrined in the European Convention on Human Rights, to which Turkey is a party. As a Turkish citizen, I am ashamed of that record.
I am absolutely sure that in the following days we will see more dirt coming out of the plot cooked up in Erzincan. From what I heard so far, some of the details in the probe documenting gross human rights violations will come as a shock to many in the public. With this information technology age, it is no longer possible to sweep dirt under the rug. The truth will eventually reveal itself. It will likely leak to the press. No matter how many cases are launched against investigative reporters in Turkey in a bid to silence them, you will find courageous editors and newspapers willing to publish articles. It supports the view that transparency and supremacy of the rule of law are paramount in Turkey.
The government is also culpable in this as it has delayed much-needed comprehensive legal reforms for a long time despite repetitive warnings from the EU. The draft legal reform strategy, which was very much praised by the EU Commission in the progress report as well as by the European Parliament’s report because it was prepared in close consultation with Brussels, was never put into action in Parliament, where the ruling Justice and Development Party (AK Party) enjoys the majority. It is highly likely that any reform in that regard will face the wrath of the opposition, who will certainly petition the Constitutional Court for its annulment.
Be that as it may, it does not absolve the AK Party of responsibility. If any changes are rendered null and void by the top court after a petition from the opposition, the onus will this time be on the opposition and on the Constitutional Court. As we have seen in the law allowing civilian courts to try military personnel for major offenses during peacetime, the blame will be shifted away from the government to the other side. But if you do not push hard enough to adopt reform laws in line with the EU acquis, you deserve to be criticized as well for not doing your homework. After all, it is the responsibility of the government to spin the wheels of the state, especially in the legislative and executive branches.
