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February 12, 2012
 
 
 
 
 
 
Columnists 01 March 2010, Monday 0 0 0 0
BERK ÇEKTİR
b.cektir@todayszaman.com

A popular topic -- ‘under detention’

Last week military commanders were detained for the first time in Turkish history as part of the investigation into the Sledgehammer and Cage coup plans. As a citizen, I would feel very sorry to see the claims against the generals and army staff proven true. So far, the evidence and the approach of the prosecutors and the court indicate a very serious situation.
Republican People’s Party (CHP) leader Deniz Baykal complained about the detention of nearly 50 military officers as part of a probe into suspected coup plots. His complaint was not based on any legal principle (although Mr. Baykal is a lawyer himself) or grounds, but rather on a brilliant idea -- that the detentions are unprecedented not only in Turkey but also in the world. He said, “No democratic country has witnessed such a thing.” Is Mr. Baykal being sarcastic? Or is he maybe making an ironic joke? Of course no democratic country is supposed to witness such a thing because nobody would dare to overthrow the government by a military coup.

The Turkish press is already watching this topic closely; therefore, I will not be writing about it but rather focus on a minor matter which demonstrates the practice of detention in Turkey.

Turkish police often carry out drug operations in İstanbul. Turkey is a transit point for drugs between the Middle East, Asia and Europe. Turkey’s best-known pop star, Tarkan, was detained in a police raid early Friday. You may recall this guy from his song “Şıkıdım” or his famous kiss song, “Şımarık,” which reached the top of music charts in some European countries and in Russia in the last decade.

I will make some remarks regarding the detentions which demonstrate that there are several types of detention depending on the level of the person being detained. Some complain about the detentions but never mention the ultra-flexible detention conditions granted, also surprisingly (or not) to Tarkan.

Both the commanders and Tarkan spent the night not in the detention room but in the personal office of the police chiefs. I read that the commanders did not allow the police to take their pictures for verification purposes. I don’t know about Tarkan; he is used to cameras, so maybe he did.

Both Tarkan and the commanders are being detained. The legal procedure for detention is supposed to be applicable in the same way to everyone. I saw that Today’s Zaman mentioned the preferential treatment given to the commanders, that the best conditions possible were granted to the commanders. I find this a very interesting detail. To be frank, I am not putting the generals and Tarkan in the same class, as Tarkan was detained for using drugs. At the end of the day, the police officers provided the best they could under the circumstances to make the generals feel better.

I am not discussing the legal side of the matter; therefore, I am neither claiming that the officers did not apply the detention practice correctly nor that the generals and Tarkan should have spent the night in the detention room. I am only underlining that people are equal but some people seem to be more equal. I look forward to receiving your comments about this topic. Should there be any difference in detention practices for different people?


NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com The names of the readers are disclosed only upon written approval of the sender.

DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.

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