Civilian investigation of military crimes a first in Turkey

The search took place with difficulty as command members resisted giving specially authorized civilian prosecutors access to their facilities. The search continued through yesterday. The search served as an indirect trial of coup attempts within the Turkish Armed Forces (TSK), a move that was unimaginable only a few years ago. According to retired military judge Ümit Kardaş, civilian prosecutors were able to conduct a search at the Special Forces Command largely thanks to a series of legal amendments that paved the way for civilian trials of members of the military.

A law approved in early July that included a change to Article 5918 of the Turkish Penal Code (TCK) opened the way to military personnel being tried in civilian courts and preventing the prosecution of civilians in military courts. The law came as a revolution in civilian-military relations, analysts argued, because such a move limits the power of the military over civilians.

The law was passed as part of governmental efforts to align Turkey’s judicial system with that of the European Union.

“The search at the Special Forces Command may reveal information pointing to the existence of JİTEM [a clandestine and illegal gendarmerie intelligence unit whose existence has thus far been officially denied]. It may also reveal plans for an overthrow of the government. The search is a historic step,” Kardaş remarked.

Last week two officers of the Tactical Mobilization Group of the Special Forces Command were captured as they stood watch near Arınç’s house in Ankara’s Çukurambar neighborhood. The General Staff released a statement saying the two officers had been running security checks on a military official living in the neighborhood who was suspected of leaking information. However, more detentions came on Friday, and civilian prosecutors suspecting there could be attempts at obscuring evidence at the Special Forces Command launched a search.

The search is unprecedented in Turkey and points to a normalization in relations between the military and civilians. Most observers believe the findings could shed light on many shady incidents of the past several years, including coup attempts, assassinations of high-profile figures and unsolved murders. They also believe the civilian judiciary is decisive in the investigation of suspected crimes in the Turkish military.

Search was unimaginable in the past

Saturday’s search also revealed the improvement of Turkey’s civilian power and determination to shed light on shady incidents of the past years. No judge or prosecutor was able to search the Special Forces Command in the past.

In 1977, for example, former Prime Minister Bülent Ecevit faced an assassination attempt, most likely because he was one of the rare Turkish politicians who brazenly attempted to uncover the dirty secrets of clandestine organizations hidden within the state.

The assassination attempt took place at the İzmir airport on May 29, 1977. The assassin attempted to kill Ecevit with a poisoned bullet. This was unprecedented in Turkish history. It was later discovered that three US-made guns used to fire the poisoned bullets were brought into Turkey by the Special Forces Command.

Ecevit assigned a public prosecutor, Doğan Öz, to investigate the assassination attempt, but Öz lost his life in an unsolved murder. The perpetrators of the Öz murder have not been captured despite several years having passed by since his killing.

It was only after the launch of an investigation into Ergenekon -- a criminal organization accused of working to topple the Justice and Development Party (AK Party) government -- that Turkey started to settle accounts with members of the military, who are suspected of involvement in criminal acts. In June, some retired generals, including Şener Eruygur, Hurşit Tolon, Levent Göktaş and Veli Küçük, appeared before the judge on charges of membership in Ergenekon.

EU role in improvement

Turkey to a large extent owes the growing balance between military-civilian relations to a series of reforms implemented to gain momentum for its bid to become a full member of the EU.

The Justice Ministry covered significant distance to that end by working to reform the military judiciary. To comply with European Union norms, the government plans to make further changes as part of its judicial reform efforts. New locations for military courts and having only officers with legal backgrounds serve in military courts are two important amendments planned for a new package.

Turkey is also grateful to democratic members of the military for the recent normalization in relations between the military and civilians. Among these are former Chief of General Staff Gen. Hilmi Özkök. The army chief prevented two coup attempts, dubbed Ayışığı (Moonlight) and Sarıkız (Blonde Girl) in 2004.

However, some recent military documents disclosed in the media have revealed that some TSK members are still working to increase the military’s influence over civilians. Observers stress that the more the civilian judiciary works for a balance between the military and the civilian wing in the country, the more easily light will be shed on a number of shady past incidents, including unsolved murders in the Southeast and failed coup attempts.