However, claims that certain investigations and trials, in particular the probe into Ergenekon, a shadowy crime network that has alleged links within the state and is suspected of plotting to topple the government, will be transferred to military courts are unfounded as this is contrary to both legislation and practice. Article 12 of the Military Code on Criminal Procedure clearly notes that civil judicial authorities are authorized to deal with jointly committed offenses: “If the offense in question is not specified in the Military Penal Code, then it shall be handled by civil judicial authorities.”
The Ergenekon terrorist organization trial is about non-military offenses listed in the Turkish Penal Code (TCK). Offenses jointly committed by the military and civilians were already within the jurisdiction of civilian courts before the said law was drafted. So nothing has changed. As for practice, we see that they are in line with this legislation. Under the Ergenekon investigation, about 30 active duty military officers were arrested along with a number of civilians. Even the personal story of Col. Dursun Çiçek, who is claimed to have penned a plot targeting the nation, gives us sufficient information. Çiçek was arrested by a civilian court on July 1. One week later, the abovementioned law was ratified by President Abdullah Gül and entered into force on July 7. In short, it is beyond the realm of possibility to expect a change in these investigations.
There are two striking points with respect to the Constitutional Court’s decision. The impression is that it was urgently included in the court’s agenda after the Sledgehammer plot, uncovered by the Taraf daily and involving suspicious plans against the nation, was discovered. It was interesting that the court placed priority on this matter while other applications had been filed beforehand and were pending.
What exactly was the canceled law all about? We are not talking about military personnel who fall sleep while on duty or who refuse to obey orders. The law annulled by the Constitutional Court is about such offenses as drug trafficking, mafia-like organizations or acts and coups.
Although it does not openly state it, the court implicitly claims that these offenses should be treated like offenses concerning the military profession. Since military courts cannot try anyone for offenses not specified in military legislation, does this not mean that the court’s ruling will ensure that these offenses go unpunished? A soldier sleeping on duty will be punished, but another setting up a drug trade network will not. While the court does not have the authority to decide on a stay of execution, it has made a habit of wielding authority it does not have.
