Order of threats to national security
by
MÜMTAZ’ER TÜRKÖNE

The ongoing Ergenekon investigation proceeded in parallel with a series of national security scandals. The National Security Policy Document, which is supposed to be confidential, was leaked to a newspaper, which then published it. Heated debates followed at every stage in which this document was reviewed. According to this document, the top two threats to national security are Kurdish separatism and reactionaryism. “Ultra-nationalism” was included in the list for some time, but was later removed.

The current situation in Turkey makes it clear that we need to change the order of internal threats to national security. Turkey is undergoing a big paradox because the greatest threat to national security stems from its military, which is supposed to ensure it.

Security, rule of law at risk

The offenses which are claimed to have been planned or conducted inside the Turkish Armed Forces (TSK) are being investigated one after another. These claims are serious. People wearing military uniforms have been indicted for murders, even massacres, conspiracies against innocent people, fraud and deception. The “hierarchy of crime” increasingly includes higher ranks. The inclusion of former commanders of land, air and naval forces as part of the investigations is an important stage. The ongoing Ergenekon trial is essentially about a widespread network nested within the state, and particularly within the TSK, for criminal purposes.

Based on the fact that the scope of the investigation has been expanded and military officers of higher ranks are testifying to prosecutors, we can conclude that the judicial process is progressing properly. The judiciary is collecting evidence and cross-examining defendants. Prosecutors and judges are duly performing their duties. But the matter is not about whether the judiciary is working or not.

The ongoing investigation is also a close concern for national security for two reasons. First, the TSK, which is primarily responsible for ensuring national security, is now preoccupied with how to recuperate from the damage this investigation has caused. Given the fact that the military suffers from serious security weaknesses from within, as it cannot prevent confidential documents from being leaked out, we cannot be sure about how weak it is concerning the country’s external security. We are talking about an army that is immune from all sorts of external audit or review.

Moreover, its institutional tendency is toward obfuscating evidence. A recently released voice recording about a lieutenant general is clear proof that the legal departments of the General Staff are working hard to destroy evidence. Isn’t it obvious that an army that gives the impression that it is affording protection to crime and criminals will directly pose a serious security problem?

The second reason is more important. The indicted offenses imply that the real threat to national security comes directly from inside the army. An institution that establishes criminal organizations with the intention of overthrowing the government confuses what is right with what is wrong and make plans that will threaten the country’s security and national interests. The fact that the state governed by the rule of law, which gives an assurance to its citizens and forms the main axis of national unity and integrity, is under threat from these criminal networks must be regarded as a major national security issue.

What should be the new order of threats?

A country with an army that contains criminals and criminal organizations can be said to have a very serious national security problem. This is particularly so if the general perception is that it exerts systematic efforts to cover up offenses and obscure evidence.

As our experience shows, natural security is such a serious matter that it cannot be left to the military. Currently, Turkey suffers from a vital gap in national security. Already, the Constitution empowers the Cabinet to deal with national security issues. The Cabinet must urgently formulate a new National Security Policy and put it in a document based on which the National Military Strategic Concept must be reformulated.

The top slot in new internal threat perceptions belongs to illegal networks inside the TSK. Damage done by these organizations that plot provocations to divide the country into opposite camps using the institutional privileges cannot be given by any other force. Is there a more effective and more dangerous threat to national unity and integrity than this? Moreover, how can the country combat other threats -- namely, separatism and reactionaryism -- while such provocations are being plotted?

TSK must be kept away from internal security

As the new National Security Policy is being formulated, all of the powers and authorities that contribute to the influence and effectiveness of the illegal organizations within the TSK must be completely abolished. The army has a number of internal security duties, which were particularly intensified during the military dictatorship periods and during the periods when the top brass could exert its influence on politicians. Since it provides the army with means to intervene in politics, the gendarmerie is part of the military organization. So the gendarmerie must be completely abolished and transformed into a rural police. The EMASYA protocol that assigns regular internal security duties to the army makes garrison commanders the highest-ranking state officials in their respective areas. This protocol must be canceled. Indeed, Ergenekon operates via these internal security duties. If the TSK were an institution assigned to external security duty, would there be opportunities for these illegal criminal organizations to nest within it?

In order to handle this vital national security problem, the army must be completely opened to legal review and audit. The most important amendment that will make this possible is currently being discussed at the Constitutional Court. Recent efforts to obscure evidence have shown that the military judiciary is mainly used to provide legal immunity to army members. Thus, it can be said that the military judiciary is working not to catch criminals, but to conceal them. Moreover, a strong democratic review is needed. Illegal networks and crimes hide behind the concept of a “military offense” and no further review is allowed. Financial audits are another major problem. Military expenditures are still immune from audits.