Will the biggest resistance come from the high judiciary?

Resistance to the law will continue as the tutelage regime over civilians comes to an end. The resistance to justice will increase as it becomes clearer that the state is under the control of illegal organizations and that military tutelage sustains its existence through these structures.

Those who support democracy and freedom should not be pessimistic nor feel hopeless. Of course there is a price to pay for becoming democratic, to live humanely and to ensure the superiority of the law. But this uphill battle will end because Turkey has no other option. This country cannot be managed by making it introverted and by practicing Baath Party-like pressure and torture. Take for example the Nabucco project. Turkey is not only a bridge between civilizations but also an energy bridge. Turkey's is evolving into a global actor and its strategic importance as it aspires to join the EU is becoming more noticed.

Let's take a look at the delay in the issuance of a decree by the Supreme Board of Prosecutors and Judges (HSYK), comprises seven members, including the justice minister and the undersecretary. We found that some board member wanted the prosecutor heading the Ergenekon case to be reassigned and the panel of judges to be changed. The justice minister was forced to delay his trip abroad just because of this delay.

To help you understand that this is not a surprising situation, I would like to recall Italy's Gladio case, which as you all know is very similar to the Ergenekon case. Let's go back to what Felice Casson, the infamous prosecutor heading the Gladio case, told Zaman daily's reporter Ali İhsan Aydın (Jan. 26, 2009).

“Question: Were there members of the judiciary present in any of the operations you organized?

“Casson: Yes. There were members of the judiciary. I remember there was a public prosecutor and other judicial members. It is very possible to have senior jurists in complicated organizations like these with very special strategies -- particularly in the case of the Propaganda Due (P2) freemasons' lodge. Judges interrogating these cases saw that senior members of the judiciary from Rome and Florence were part of this.

“Question: What kind of difficulties have you encountered during this process?

“Casson: At the start of the investigation, I was an interrogating judge. Later, I became a public prosecutor. I had enormous problems with members of the higher judicial organs in the beginning. They were telling me to let go of the investigation and that there was nothing to investigate. The greatest difficulty was in the first two years. The problem was from within the judiciary. But I did not give up. Eventually they tried to reassign me. There was an attempt to reassign me to a court outside of Venice because there was resistance against conducting an investigation regarding certain subjects. But the Supreme Council of Prosecutors and Judges in Italy intervened and announced that the investigation was going well. This solved the problems and I was able to continue my investigation into clandestine intelligence units, generals and extreme-right terrorism. The Supreme Council of Prosecutors and Judges supported me and so I was able to continue my investigation. Those who wanted to have me reassigned to another court failed.

“Question: Who wanted to send you away from Venice?

“Casson: The head of the Venetian court of appeals. The region's highest judicial official opposed me. Venice's district attorney did, too.”

So, even if there are roadblocks, and strong resistance, in the end those with dirt and blood on their hands fail.