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Turkish Secularist Military Vs. Popular Faith-based Gülen Movement
20 June 2009
The failure of civilian bodies to step in to clear up controversy around an alleged military plot to defame the ruling Justice and Development Party (AK Party) and the faith-based Gülen movement has raised questions on the future of an ongoing military investigation into the plot. The AK Party filed a criminal complaint against the vicious plan earlier this week, but has so far not backed the idea of establishing a parliamentary commission to investigate the document in depth. There is an ongoing military investigation into the document, but it is seemingly far away from satisfying the questions in people's minds, as it is mainly focused on the authenticity of the document. “The results of an investigation being carried out by military prosecutors will produce question marks. It is not realistic to expect a sound and healthy result from this investigation. What feeds this skepticism is the structure and running of the military judiciary. They say the military judiciary is independent, but requirements of independence are not fulfilled,” stated Professor Mithat Sancar from Ankara University's faculty of law in an interview with Today's Zaman. The General Staff's Military Prosecutor's Office initiated an investigation into the document last week. However, when it announced the preliminary results of the investigation, there were hints that the probe would fall short of answering the questions in people's minds. “Having assessed all of the initial evidence acquired so far, we have reached the conclusion that the alleged action plan was not prepared by any department of the General Staff,” the prosecutor's office announced on Monday. The recently exposed document, allegedly put together by a colonel on active duty, sparked anti-coup fury in society, with intellectuals raising their voices against the military's interference in the social and political spheres. According to the document, the Turkish Armed Forces (TSK) had a systematic plan to damage the image of the AK Party and the Gülen movement in the eyes of the public, to play down the investigation into Ergenekon -- a clandestine terrorist organization allegedly plotting to overthrow the government -- and to gather support for members of the military arrested as part of the Ergenekon case. The authenticity of the document is being debated, but it gained more support after two Turkish dailies published the official records kept by security forces when the document was seized. Questions awaiting answers Now there are a couple of questions boggling minds with regard to the authenticity and motives behind the suspected plot. Many of these questions are about the future of the ongoing military investigation into the document. Here are some of them: Will the result of the military investigation really reflect the truth? Why didn't Col. Dursun Çiçek, whose name has been linked to the alleged military plan, testify to the Ergenekon prosecutors? Does the military wish to gain time by prolonging the investigation? If so, is there a plan to undermine the credibility of the Ergenekon prosecutors? The document was seized by the Ergenekon prosecutors, so why don't they carry out the investigation? Why doesn't Parliament establish a commission to investigate the plot? Is there dual-headedness in the judiciary? Why hasn't Col. Çiçek been removed from his post at least until the investigation is concluded? Future of military investigation debatable There is a common belief among jurists that an investigation into the controversial plot by military prosecutors will not produce a result to satisfy or convince the public. “I'd favor civilian prosecutors dealing with this investigation. The civilian judiciary is, despite all deficiencies, more transparent than the military judiciary. Thus, I'd expect its results to be more sound. I believe that civilian prosecutors should be more insistent on carrying out the investigation,” Sancar stressed. He also called for Parliament to step in and clear up questions about the suspected plot. “To me, Parliament should step in. The Republican People's Party [CHP] and the Nationalist Movement Party [MHP] seem reluctant about such move at the moment. Thus, it is the responsibility of the AK Party to establish a parliamentary commission. This is not a plot solely targeting the ruling party. It is a plot targeting the constitutional order and democracy in the country,” Sancar added. Mete Göktürk, a former chief prosecutor of the now-dissolved State Security Court (DGM), pointed to a lack of harmonization in the judiciary as the reason behind the existing dilemma in the investigation of the vicious plot. He said it is Parliament and politicians who could resolve the duality in the judiciary through a parliamentary commission. Göktürk added that the Parliament could issue decrees to call for the resignation of some military officials believed to be responsible either directly or indirectly. “Why not?” he asked, adding: “After all, governments can be taken down following a vote of confidence. Why not do it for the military men? … But there has not even been an investigation into the April 27 [2007] memorandum of the military undermining the civilian government.” Jurists Union Foundation (HBV) Chairman Sinan Kiliçkaya agreed and said the military judiciary has no place in democracies. "This is not an issue to be investigated by military prosecutors. ... If the investigation was being carried out by civilian prosecutors, there would be no questions. However, the announcement of preliminary results of the investigation by the General Staff's Military Prosecutor's Office has produced questions in people's minds," he said. Resat Petek, a former chief prosecutor, handled the issue from a different perspective and attempted to search for the reason why Col. Çiçek has not gone to the Istanbul Public Prosecutor's Office to testify to Ergenekon prosecutors. "It has raised suspicions. It prompts us to assume that military prosecutors have failed up until now to carry out an investigation to satisfy the public's questions," he noted. Civil society groups also expressed their disturbance at the fact that the future of the investigation of the plot has been left in the hands of the military judiciary. “One week has passed by since the exposure of an action plan. Coup-lover conspiracy producers pin hopes on duality in the judiciary to cover up their dirty plans. … What should be done at this point is to solve the problem of duality in the judiciary by Parliament and the government. The civilian judiciary should be granted full authority to investigate the plot in all its depth,” read a statement sent to Today's Zaman by the Freedom Association (Özgür-Der).
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