The question came from the Prime Ministry on Saturday, shortly after a General Staff official announced that the TSK established Web sites to back its psychological warfare against civilian groups it termed “reactionary,” “separatist,” “pro-Justice and Development Party [AK Party]” and “anti-TSK” following plans and directives of the Prime Ministry. Officials from the Prime Ministry checked their archives for such a directive and found that no such directive had been sent to the TSK during the AK Party's term in office.
The Prime Ministry then decided to ask the armed forces about the timing of the directive. The TSK responded to the question in a written statement on its Web site. “The directive in question is dated year 2000,” read the statement, adding that the Web sites were later deactivated.
The existence of Web sites was revealed in an e-mail sent by a military officer to a number of newspapers and journalists last week. The officer, who wished to remain anonymous, claimed that the armed forces established 42 Web sites as part of their psychological warfare against “dangerous” civilian groups. The TSK also monitored the activities of more than 400 Turkish and foreign language Web sites. The plan against Web sites was devised at the Third Information Support Unit of the General Staff by a number of colonels and was coordinated by Deputy Chief of General Staff Gen. Hasan Iğsız, according to the officer. Chief of General Staff Gen. İlker Başbuğ was also reportedly informed about the plan.
Professor Yavuz Atar, an expert on constitutional law, said the TSK has no authority to establish such Web sites. “The establishment of such Web sites is against the law. The TSK has no authority to establish Web sites to interfere in people’s lifestyles. Even the National Security Council [MGK] has no such authority,” Atar said.
The professor also said the armed forces would need a court decision granting authority to set up Web sites. “If no such decision is at hand, then the establishment of such Web sites is called a hacker’s operation. Such an activity would show that the TSK has overstepped its authority and works against the principles of a state governed by the rule of law,” he added.
Jurists also raised their voices against a General Staff request for the original version of a military plot aimed at undermining the ruling AK Party and the faith-based Gülen movement.
Brig. Gen. Hıfzı Çubuklu, the General Staff’s legal advisor, announced on Friday that the staff had requested the original document from the İstanbul Public Prosecutor’s Office, but the prosecutors had yet to send it to them.
“An investigation into a document claimed to be the Action Plan to Fight Reactionaryism and bearing a genuine signature is continuing. We requested the original of the document three times from the İstanbul Public Prosecutor’s Office. A photocopied version of it was sent to us upon our first request, but the other two requests remain unanswered. The Military Prosecutor’s Office is entitled to request any information or document it may need as part of a probe it is conducting, as is any civilian prosecutor’s office,” Çubuklu said. Jurists, however, believe the Military Prosecutor’s Office has no such right, adding that the İstanbul Public Prosecutor’s Office would commit a crime if it sent the original copy to a third party as it is obliged to preserve such documents as evidence of guilt.
Professor Bahri Öztürk said it would be enough if the prosecutor’s office forwarded the General Staff a photocopied version of the plot. “Assume the office sent the original copy, and it was lost along the way. What will the civilian prosecutors then do? They will be responsible for the loss. No individual or institution can take such a risk,” he noted.
Parliamentary Justice Commission President Ahmet İyimaya agreed and said the row over the original copy of the plot is a sign that there is an absence of trust between institutions. “In such cases, prosecutors have to protect the evidence. If the civilian prosecutor wishes, he does not need to send the original copy,” he noted.