‘Army chief violating Constitution, military laws with statements’

According to most analysts, however, the recent statements by the military chief to reporters are an open violation of the Constitution and the Military Penal Code. “Why does he not consider the crimes he commits with his statements instead of intimidating others? His threat against the media is a blatant crime,” stated Professor Mehmet Altan, a columnist for the Star daily.

Speaking at a military reception in Ankara on Monday, Başbuğ complained that some news reports that appear in the media aim to undermine relations between officers and their subordinates. “We have not filed criminal complaints against those reports yet, but you can guess the outcome if we do. If you commit such a crime, you will be punished in accordance with Article 95 of the Military Penal Code, which stipulates a jail sentence of between three and six years,” Başbuğ said.

The military chief's remarks, however, were met by indignation by analysts, who accused Başbuğ of making statements on political issues.

“You cannot see an army chief in any democratic country like Başbuğ. He accuses the media of violating laws, but his own statements are in open violation of Article 138 of the Constitution. The Constitution says no one is entitled to interfere in the judiciary, but he pays no heed to this principle. Considering the crimes he has committed thus far in terms of the Constitution and the Military Penal Code, we can see he should be sentenced to over 20 years in jail,” Altan remarked.

The military chief had pledged to refrain from making statements to members of the press when he was appointed to his position in 2008; however, this quickly proved to be an empty promise. The general rarely misses the chance to voice the military’s position on developments in the country. He used to do so through regular press conferences until a few months ago, when he changed his tactics and the conferences were cancelled. He currently speaks to journalists -- only to those who have been accredited by the military -- at the General Staff to notify them of the point of view of the Turkish Armed Forces (TSK) on a number of issues.

He gave his last two interviews to the Hürriyet and Milliyet dailies earlier this week, in which he expressed strong disbelief in the justness of an ongoing investigation in Erzincan, in which 3rd Army Commander Gen. Saldıray Berk stands accused of engaging in terrorism, and also over suspicions over a munitions-filled truck discovered in Ankara last week.

In June 2009, Başbuğ denied the authenticity of an apparent military plot, drafted by an active duty colonel, to topple the Justice and Development Party (AK Party) government. He termed the plot a “piece of paper” and accused a Turkish newspaper of working to undermine the TSK. The document, however, was proven to be genuine in separate examinations by the İstanbul Council of Forensic Medicine (ATK), the İstanbul Police Crime Laboratory and the Gendarmerie General Command’s Criminal Investigation Department.

According to observers, the military chief violated Article 138 of the Constitution, which ensures the independence of jurists and judicial bodies, with his denial. The article reads: “Judges shall be independent in the discharge of their duties; they shall give judgment in accordance with the Constitution, the law and their personal conviction conforming with the law. No organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of judicial power, send them circulars or make recommendations or suggestions.”

International Federation for Human Rights (FIDH) Vice President Yusuf Alataş told Today’s Zaman that Başbuğ should be tried on charges of working to influence jurists. “Individuals who are charged with influencing jurists are sentenced to up to four years in prison. He has committed this many times since the launch of the Ergenekon probe,” he said.

Ergenekon is a criminal network accused of working to foment chaos in society with the ulterior motive of leading to a military takeover. Many of its suspected members, including members of the military, academia and the business world, are currently in jail.

“A similar crime was committed by former Chief of General Staff Gen. Yaşar Büyükanıt. ‘He is a good boy,’ the general had said, referring to one of the suspects of a bomb attack at the Umut bookstore,” Alataş recalled.

In the 2005 Şemdinli bombing, two noncommissioned officers were caught red-handed by residents of Şemdinli in Hakkari province planting a bomb at a local bookstore owned by a former Kurdistan Workers’ Party (PKK) member. Büyükanıt, who was the land forces commander at the time, praised one of the officers, saying, “I know him, he’s a good kid.” Four years after the incident, it appears the two men are still on active duty, despite being in and out of court in the intervening period.

According to former deputy Mustafa Kemal Aykurt, the military chief is putting pressure on the judiciary with his statements. “He has committed a crime with his statements. He speaks too much. He has made it a habit to make politically related statements. This is an open violation of Article 288 of the Turkish Penal Code [TCK], which criminalizes any attempt to influence the fairness of an ongoing judicial process,” Aykurt stated.

Ümmet Kandoğan, another former deputy, said Başbuğ committed a crime when he said he stood by the suspects.

Speaking to Hürriyet, Başbuğ said: “We asked [Gen. Berk’s] opinion of the incident [regarding the Erzincan probe]. The commander told us several times that he has no links to the allegations.” He also added that the General Staff has no doubt about the general telling the truth.

“If such a thing had happened in an institution other than the military, all members of the high judiciary would have raised their voices. The judiciary has lost its impartiality in Turkey. The military chief has expressed his belief that Gen. Berk is innocent. This is interference in the judiciary,” Kandoğan added.