Government gives Başbuğ until year’s end to clean house

Erdoğan allegedly told Başbuğ that he has until the end of the year to remove those who are engaging in illegal activities from the army. A government official who spoke with Sunday’s Zaman on the condition of anonymity disclosed information about the meeting between Erdoğan and Başbuğ and said Erdoğan warned Başbug that he would take action if there were any attempts to prevent the investigation like those that were seen when the claims initially emerged. The General Staff’s Military Prosecutor’s Office had requested the original copy of the document from the İstanbul Public Prosecutor’s Office. The General Staff’s legal advisor, Brig. Gen. Hıfzı Çubuklu, said that although the military had requested the original copy of the document from the İstanbul Public Prosecutor’s Office four times, their requests had not been answered except for the first time, when they were sent a photocopy.

Çubuklu also defended Çiçek, saying: “We are witnessing with deep distress the violation of universal legal principles by declaring people criminals in advance without a definite court decision that finds them guilty of a crime. Dursun Çiçek has not been indicted yet. We have not received such a notice.”

The same official noted that this announcement from the General Staff gave Erdoğan the impression that the General Staff was trying to cover up the issue once again and said Erdoğan was obliged to speak on the state-run TRT 1 television station after this development.

Erdoğan said he was “being placed in a difficult position,” in response to a question on why Başbuğ had not been suspended from office, but when asked what he would do if he felt a coup was imminent, he noted, “I will not take my hat and leave. I will take the necessary action.”

Recent developments reveal that the General Staff’s stance significantly changed after Erdoğan’s remarks. Notably, Çiçek, who did not initially give a statement to prosecutors after the original plot emerged, was arrested after going to the İstanbul Public Prosecutor’s Office dressed in civilian clothes to testify after Erdoğan spoke about the issue.

The government does not seem to be satisfied with Çiçek’s arrest because the government’s chief goal is to figure out who was behind Çiçek. But those names will only be revealed once the Military Prosecutor’s Office completes its investigation. The same official who spoke to Sunday’s Zaman said the content of the Action Plan to Fight Reactionaryism could not have been prepared by a single colonel and added that Başbuğ is expected to bring everyone who is responsible for the plan to justice.

Erdoğan apparently told Başbug during their meeting that the original plot document would answer all questions and asked him to look over the reports from the Council of Forensic Medicine (ATK). During a press conference held in June, Başbuğ had criticized the publication of an ATK report in the media and said the military did not give much credence to the report. But in the most recent meeting between Erdoğan and Başbuğ, Erdoğan allegedly warned the general about respecting reports released by state institutions. It is for this reason that during his television appearance Erdoğan said, “The wet signed copy will solve everything.”

What stance will the government take if Başbuğ uses Çiçek as a scapegoat to prevent others from standing trial? Noting that Erdoğan addressed this issue as well during his meeting with Başbuğ, the same official said: “Başbuğ promised in front of everyone that the military would not harbor anyone who has engaged in illegal activity. He made the same promise to the prime minister. If they attempt to say, ‘Be content with what you have in hand,’ then, in the words of the prime minister, he will do what is necessary.”

Government expects eradication, not resignations

Taking the necessary action does not mean suspending Başbuğ. The government has thoroughly analyzed the reasoning behind requests to remove Başbug. Republican People’s Party (CHP) leader Deniz Baykal was the first person to suggest that he should be removed from his position. It is somewhat unclear who the next commander in line for Başbuğ’s post is. It is for this reason that instead of removing Başbuğ, the government wants him to eradicate the pro-coup mentality within the army and wants the military to not create obstacles to the investigation currently being carried out by the İstanbul Public Prosecutor’s Office. The government’s main expectation is that the junta supporters who prepared the action plan will be prosecuted in civilian courts. Başbuğ has assured the prime minister that they will do everything to facilitate finding those responsible in the military.

Although Prime Ministry lawyers have looked into the situations that might emerge if the chief of general staff is removed and other military officials resign, the government does not currently have any plans to force Başbuğ to retire. However, civil society organizations and coup opponents continue to call for Başbuğ’s resignation. The “70 million steps against coups” coalition and members of various civil society organizations voiced their demand for Başbuğ’s resignation loud and clear during a protest in Taksim on Nov. 3.

Legal dimensions of resignation and removal

According to the Prime Ministry’s studies, there is no clear provision in the Constitution on removing a chief of general staff. The Constitution states that the chief of general staff is appointed by the president upon the recommendation of the Cabinet and is accountable to the prime minister. Legalists note that the chief of general staff could be removed from office through the same method.

The law describing the chief of general staff’s authority states, “The same procedure for appointment will be applied for the retirement or reappointment of the chief of general staff to another position.” In other words, the chief of general staff cannot be legally removed from office until his tenure expires. But he can be appointed to another position or he can retire. The law also limits who the Cabinet can select for the position of chief of general staff by stating that only land, sea and air forces commanders can become chiefs of general staff. The Cabinet cannot recommend a gendarmerie general commander or any other general for the position. Under the current circumstances, the Cabinet can decide to assign the chief of general staff to another position or to force him to retire, subject to the president’s approval. But it can only recommend one of the three land, sea and air forces commanders as the new chief of general staff. When recommending one of the three commanders, the Cabinet must also consider their seniority ranks. According to the law, the president does not have to approve the Cabinet’s suggestion.