Promotion quagmire persists as YAŞ shapes military command

The promotion or retirement of 134 generals and admirals is being discussed by the council, where 45 colonels are expected to be promoted to the rank of general. The most critical decision the council, chaired by Prime Minster Recep Tayyip Erdoğan, will have to make this year concerns the possible promotion of 11 generals suspected to have contributed to the subversive Sledgehammer coup plot. The council convened on Sunday in an unprecedentedly tense atmosphere -- caused by a July 23 court decision as part of the Sledgehammer probe ordering the arrest of 102 military officers, including these 11 generals, who had all been hoping to be promoted this year.

While the council's official announcement on its decisions will not be made until Aug. 4, when the meeting will conclude and its decisions will be presented to President Abdullah Gül, backstage talks in the capital indicate that an interim formula to prevent the generals from being promoted this year without obstructing their future career is the most probable decision to be laid out by the council.

Experts, however, underline that such a solution, which reportedly extends the suspected generals’ terms of office in their current posts, is still not enough to remove the shadow of the devious plot over the military.

“I think the council will agree on an interim solution. The terms of those whose terms had been previously extended will not be extended again. They will retire. So those who were hoping for promotion will be given one more year in their current ranks. But a warrant for arrest means arrest in absentia [in Turkey’s former Code on Criminal Procedure (CMUK)]. These suspects should be taken to the closest court and should be arrested. Let alone being promoted, they should be dismissed from the military,” retired military judge Faik Tarımcıoğlu told Today’s Zaman.

Recalling that official Turkish Armed Forces (TSK) policy obstructs the promotion of any officer who is being prosecuted, Tarımcıoğlu said that rule of law and democracy require, in fact, the dismissal of these suspected criminals from the military.

Stressing that Article 65 of the Law on TSK Staff is crystal-clear on the promotion of military officers, retired military judge Ümit Kardaş points to accusations leveled at the generals in question. “There are serious accusations in the indictment, and this indictment was accepted by the court. In a democratic state of law, not only the generals who are involved in coup plans, but also even those who are engaged in politics are dismissed,” he told Today’s Zaman.

Article 65 of the Law on TSK Staff stipulates that a member of the military who is imprisoned or is being tried cannot be promoted. In addition, Article 82 of the Regulation on the Personal Records of Military Officers requires the cancellation of an officer’s promotion if he is promoted in violation of the law. However the General Staff is known to be of the opinion that the 11 generals can still be promoted, as they have not yet been arrested.

Retired Col. Mesut Ülker underlines that the public expects expulsion of the coup suspect individuals rather than their promotion, which is what a state of law requires. “Turkey is struggling to be more democratic. Nobody’s stars or rank are more important than the fate of the system. The military is having hard time overcoming the solidarity culture which persists in the institution. But they will overcome that. They [military officers] come from a history when they were never called to account. But in the end, everyone will stay within the boundaries of their position,” he said. Ülker says he does not expect that these generals will be promoted, adding that their expulsion could also rise to the agenda following YAŞ.

Gov’t, president still firm against ‘Sledgehammer promotions’

On the second day of the meeting, according to backstage talk, the council took up three reports that had been presented to the prime minister on the eve of the YAŞ gathering -- by the Ministry of Justice and the Ministry of Defense, which prepared two reports: one by jurists and another by the General Staff’s legal undersecretary.

While both the Justice Ministry report and the Defense Ministry’s report, which was prepared by jurists, said the 11 generals could not be promoted, the report prepared by the General Staff and presented by the Defense Ministry said there was no legal obstacle preventing the promotion of these generals.

The government is obviously at odds with the General Staff on the issue of promotion of the Sledgehammer suspects, with Prime Minister Recep Tayyip Erdoğan openly asking Chief of General Staff Gen. İlker Başbuğ not to seek the promotions of the embattled generals ahead of the critical YAŞ gathering. A few Turkish dailies also reported yesterday that President Gül also stands firm in his opposition to the promotion of generals while they are on trial. In an extraordinary meeting he held with the military chief over the weekend, Gül reportedly said these generals would appear privileged and protected in the face of the grave accusations being leveled against them in the court indictment should they be promoted.

YAŞ decisions must be approved by the president, prime minister and defense minister before going into effect. Observers say an annotation by the three on the decisions will not be enough to satisfy the people, asserting that instead, the president, prime minister and defense minister should do something more active, such as refusing to put their signatures on the promotion decisions, to prevent the TSK from violating the law.

Erdoğan decided to attend all YAŞ gatherings this year, and has cancelled all other engagements through Aug. 5. Since Erdoğan attended only the opening session of last year’s YAŞ, his decision to show up at all the sessions this year is regarded as a sign of his will to intervene in all promotions during this year’s YAŞ.

The 11 generals hoping to be promoted despite the court decision for their arrest are: Gen. Nejat Bek, Vice Adm. Mehmet Otuzbiroğlu, Maj. Gen. Ahmet Yavuz, Maj. Gen. Gürbüz Kaya, Maj. Gen. Salim Erkal Bektaş, Maj. Gen. Abdullah Dalay, Maj. Gen. Halil Helvacıoğlu, Brig. Gen. Ali Aydın, Rear Adm. Ahmet Türkmen, Maj. Gen. İhsan Balabanlı and Rear Adm. Abdullah Gavramoğlu. The suspects are accused of a failed attempt to destroy Parliament and overthrow the government. Such charges call for jail sentences of up to 20 years.

Sledgehammer is a suspected coup plot concocted in 2003 at a military gathering. According to the plan, the military was to systematically foment chaos in society through violent acts, among which were planned bomb attacks on the Fatih and Beyazıt Mosques in İstanbul. The plot allegedly sought to undermine the government to lay the groundwork for a military takeover.

The generals are reportedly being kept at high-security military installments and waiting for the conclusion of appeals filed by their lawyers at the İstanbul High 11th Court. The General Staff has for days been the target of severe criticism for its apparent efforts to prevent their arrest.

Başbuğ’s last YAŞ meeting

This year’s YAŞ also holds the title of being the last one attended by Gen. Başbuğ, who will step down in late August. Land Forces Commander Gen. Işık Koşaner will replace Chief of General Staff Gen. İlker Başbuğ, who is due to retire. One of the most critical decisions at this year’s YAŞ will be on the new land forces commander. Iğsız is expected to be promoted to replace Koşaner as the land forces commander, according to military practice thus far, but the new command echelon will become clear only after YAŞ.

However, Iğsız’s name is mentioned in another alleged coup plot against the government. He is believed to have given the order to Col. Dursun Çiçek to prepare an action plan to undermine the ruling party and the faith-based Gülen movement.