Responding to questions from reporters at a joint press conference with Kyrgyz President Almazbek Atambayev in Ankara on Thursday, Gül said the issue of where Başbuğ should be tried is a technical one.
“However, in my opinion his trial by the Yüce Divan [a title the Constitutional Court Assumes when it tries ministers, prime ministers and former military chiefs] seems more applicable [in his situation],” he said. He added that the relevant judicial institutions would have the final decision on the issue. However, Gül noted that in his opinion the Constitutional Court seems more appropriate rather than a high criminal court.
Başbuğ was put behind bars by an İstanbul court after he testified last week as a suspect in an investigation into an alleged Internet campaign to discredit Prime Minister Recep Tayyip Erdoğan’s Justice and Development Party (AK Party). His arrest has sparked a debate over where he should stand trial. Başbuğ is facing charges of “establishing or administering a terrorist organization” and “seeking to unseat the government of the Republic of Turkey by force.”
While some jurists say the charges he faces are not related to his office, others say they are. Başbuğ’s lawyer also said over the weekend that any indictment should be framed by the Supreme Court of Appeals and that the case should be heard by Turkey’s top court.
Gül also said he agrees with Prime Minister Recep Tayyip Erdoğan’s recent statements in which he said he would prefer Başbuğ not be detained during the duration of the trial. Erdoğan said he had worked with Başbuğ for two years and that it is his and his ruling party’s wish that Başbuğ’s trial continues without his detention.
AK Party Deputy Chairman Hüseyin Çelik, who also commented on the issue on Thursday, disagreed with Gül and said Başbuğ should be tried by the same high criminal court that arrested him as the accusations directed at him are not related to his office. “How would you say establishing and ordering the establishment of 42 black propaganda websites is a crime related to one’s profession? How can attempting to stage a coup and attempting to overthrow the government be a crime related to the military? You can be tried at the Yüce Divan for a crime related to your office. This is not a crime related to the military. … Judges and prosecutors are better informed on this matter. … I think Başbuğ should be tried by the court he is currently standing trial at, not the Yüce Divan,” Çelik said.
The investigation in which Başbuğ is implicated concerns allegations that the Turkish Armed Forces (TSK) set up 42 websites to disseminate anti-government propaganda. Dozens of suspects, including Başbuğ, are currently accused of having started an online propaganda campaign against the AK Party aiming to instill fear in the public that the government is trying to instate a religious order based on Islamic law.
