Gen. Başbuğ may face trial for interfering in judiciary

“The Military Penal Code does not allow members of the Turkish Armed Forces [TSK] to make statements on political issues and statements that interfere in the judiciary. Prosecutors may file a case against the military chief,” stated former prosecutor Sacit Kayasu.

In an interview with Vatan on Sunday, Başbuğ once again expressed strong support for 3rd Army Commander Gen. Saldıray Berk, who currently stands accused of engaging in terrorism, though the suspect has not been cleared of any charges as the probe is ongoing.

According to Başbuğ, the accusations against the general are too vague and weak. Gen. Berk is accused of putting an apparent military plot to undermine the ruling Justice and Development Party (AK Party) and certain religious communities in the eastern province of Erzincan into operation. The plot would frame individuals in certain religious organizations for crimes they did not commit by planting hand grenades and ammunition in their homes and offices. A civilian prosecutor summoned the general twice to give testimony on the issue but he has yet to comply with the order.

“The military has lost its past power [over society]. Therefore, they are facing hard times. However, it is forbidden for members of the military to make such statements. Prosecutors may file a case against the military chief and forward the case to military prosecutors,” Kayasu added.

Chief of General Staff Gen. İlker Başbuğ

This is not the first time Başbuğ has stood by Gen. Berk. On March 15, the military chief expressed strong disbelief in the fairness of the ongoing investigation in Erzincan in an interview with the Hürriyet daily.

“Başbuğ interfered in the judiciary by standing by Gen. Berk. Başbuğ heads the TSK. He is not an ordinary man. Thus, his statements may have an impact on prosecutors and judges. His statements constitute a crime according to the law,” remarked Jurists’ Union President Sinan Kılıçkaya. Başbuğ’s statements are also an open violation of the Constitution. Article 138 of the Constitution outlaws interference in the judiciary by stipulating: “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 to 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.” According to Nevzat Tarhan, a retired colonel and psychiatrist, a member of the military is not entitled to pass judgment on judiciary-related issues.

“Let’s assume that seven physicians convene and release a report which calls for the demolition of a building. A civil engineer, however, objects and says the building does not need to be demolished. Whom will we trust? The civil engineer, for sure, because a report by physicians outside their scope of expertise is of no value. It is the same case with the military chief and the judiciary,” he noted.

Başbuğ decries arrest of members of military

The second part of Başbuğ’s interview with Vatan was printed yesterday. The military chief decried the arrest of members of the military as part of an ongoing probe into Ergenekon, a clandestine criminal organization accused of working to overthrow the government, and said their release would be beneficial in terms of social peace.

“Currently, 26 serving members of the TSK are under arrest, including generals, officers and noncommissioned officers. I think 12 retired TSK members are in jail, as well. This means a total of 38 members of the TSK are behind bars. Those arrests have a negative impact on the armed forces. … They [the arrestees] have families. They have children. This is very saddening. … We have to respect the decisions of the judiciary, but their arrests need to be seriously re-evaluated. I believe such a re-evaluation would be beneficial in terms of social peace,” the military chief stated.

Başbuğ also said that the more difficulty it is faced with, the more powerful the armed forces becomes.

“We are soldiers. We do not have to act with our feelings. The main point for us is to make the TSK ready for duty at any time. Difficulties make us more powerful,” he added.