EU progress report to lend support to Ergenekon probe

Setting aside the considerably distanced attitude observed in last year's progress report on Turkey, the European Commission has lent clear support to the ongoing trial into Ergenekon -- a clandestine network accused of plotting to overthrow the government -- in its newest progress report on Turkey. The draft report obtained by Today's Zaman describes the ongoing Ergenekon trial as an opportunity for strengthening democracy in Turkey. The final version of the report will be released on Oct. 14, and there may be certain revisions to the draft before then.

The Ergenekon investigation started in June 2007 with the discovery of hand grenades at a house in İstanbul's Ümraniye district. Dozens of suspects, including members of the army, businessmen and journalists have been arrested for suspected links to the terrorist organization.

As was the case in last year's progress report, the draft report by the European Commission praises initiatives taken by President Abdullah Gül both in the foreign and domestic political arena, while it criticizes the main opposition Republican People's Party's (CHP) approach on certain issues, which is considered not to be in line with democratic principles.

Noting that the Turkish Armed Forces (TSK) continues to deliver statements on political issues, the draft highlights that some media organs are still not accredited to military institutions and thus discriminated against. However, no mention is made of the Akyurt incident in which Cihan news agency reporter Lütfi Akyurt was left by the military at the top of a mountain where Grand Unity Party (BBP) Chairman Muhsin Yazıcıoğlu died in a helicopter crash in late March. The $2.5 billion tax fine the Doğan Media Group was slapped with is described as disproportionate in the draft.

Basic issues highlighted in the report

Ergenekon: The investigation into the alleged criminal network of Ergenekon continued. Charges include attempts to overthrow the government and to instigate armed riots. Ammunition and weapons were discovered in the course of the investigation. A first trial which started in October 2008 is ongoing. A second indictment covering 56 suspects including three retired generals and the former commander of the gendarmerie was submitted to court in March 2009. A third indictment covering 52 suspects was presented to the court in July. This is the first case in Turkey to probe into a coup attempt and the most extensive investigation ever on an alleged criminal network aiming at destabilizing democratic institutions. Furthermore, for the first time a former chief of staff testified voluntarily as a witness. Concerns have been raised about effective judicial guarantees for all the suspects. Overall, the investigation of the alleged criminal network Ergenekon has led to serious criminal charges involving military officers. This case is an opportunity for Turkey to strengthen confidence in the proper functioning of democratic institutions and the rule of law. It is important that proceedings in this context fully respect the due process of law, in particular the rights of defendants.

The president: Against the background of a confrontational political climate between the main political parties, the president made efforts to promote dialogue between political parties and the civil society as well as sound operation of state bodies. He repeatedly recalled the importance of Turkey's accession process and called for an acceleration of EU related reforms. The president continued to play an active role in foreign policy and traveled extensively abroad. His trip to Iraq, the first of a Turkish president for the 33 years, contributed to the increasingly positive atmosphere as regards the Kurdish issue.

Civilian-military relations: In June 2009, Parliament passed legislation providing for civilian courts to try military personnel in peacetime for crimes subject to heavy penal codes, including in the event of attempted coup d'état, crimes affecting national security and organized crime. Furthermore, the new legislation lifted the remaining power of military courts to try civilians in peace time, thus aligning Turkey with EU practices. The main opposition party, the CHP, appealed to the Constitutional Court for annulment of the new legislation. The case is pending. A new regulation clarifies the power of the police and gendarmerie in urban-rural areas. It is now being implemented under the responsibility of governors. However, there have been allegations of senior members of armed forces being involved in anti-government activities. Nineteen retired military officers including five former generals and five serving officers have been accused of crimes including attempted coup d'état in the Ergenekon case. An investigation into extrajudicial prosecutions in the Southeast in the 1990s led to the arrest of a serving gendarmerie colonel along with six other people.

The armed forces continued to exercise undue political influence via formal and informal mechanisms. On a number of occasions, the General Staff reacted publicly to politicians and media reports. During the press meeting in April, the chief of general staff made comments on the Ergenekon case and on the indictment, putting the judiciary under pressure. Some senior members of the armed forces lend support to military personnel standing trial.

301: Article 301 of the Turkish Penal Code (TCK) can no longer be used systematically for limiting freedom of expression. Amendments to the aforementioned article have led to a serious decrease in the number of cases opened relying on its use.