Arbitrary intrusions and dangerous liaisons


Date posted: January 7, 2014

JOOST LAGENDIJK

How desperate and cynical can a government — trying to cover up a corruption scandal and silence one of its main critics — get? It started with sacking hundreds of police officers, taking public prosecutors off the corruption case and coming up with rehashed versions of the same outworn conspiracy theories that were fabricated in June to explain why protesters in Gezi Park and many other places were not concerned citizens but puppets manipulated by “dark forces” inside and outside Turkey.

Last weekend, the ruling party introduced another trick, this time from the classic toolbox labeled “The enemy of my enemy is my friend.” Prime Minister Recep Tayyip Erdoğan floated the idea of having a retrial for the hundreds of army officers convicted of planning a coup against the Justice and Development Party (AKP) government. The Ministry of Justice is now seeking possible ways to reopen the Sledgehammer case in which the Supreme Court of Appeals already upheld the court’s 2012 decision, and possibly also to open the Ergenekon case, in which the appeals court has yet to announce its verdict.

Nobody should have any illusions about this remarkable U-turn by a government that, in the recent past, strongly welcomed the same convictions they now want to overturn. This is not the result of new insights or evidence in the disputed cases or a sudden outburst of a sense of justice that was, till now, miraculously suppressed. Retrying coup perpetrators is just another way of distracting people’s attention from the corruption investigations. On top of that, it has the potential of discrediting the Gülen movement, which has been selected by Erdoğan as his worst domestic enemy. If the AKP leader can publicize the mistakes made during the Sledgehammer and Ergenekon trials and convince the public that these were committed by overzealous prosecutors linked to the Gülen movement, it will be easy for him to make a comparison with the corruption allegations against his government. In other words: It is an opportunistic and cunning effort to suggest the government is a victim of the same people who plotted against the military in the past.

If the government manages to pull this off, that would be a moral defeat and a legal setback that will haunt Turkey for a long time to come. Rıdvan Kaya, president of the Freedom Association (Özgür-Der), pointedly underlined the principled problem for Turkish democrats when he said: “It would be unacceptable to categorically invalidate these cases by labeling them with the word ‘plot,’ as if there had been no coup attempts in the early 2000s. This rhetoric and the debates evolving around it are turning into comprehensive propaganda to disprove the coups and show the coup perpetrators as innocent.”

The legal consequences of this politically motivated intervention could be just as harmful. Not because I believe the Sledgehammer and Ergenekon trials were flawless and should not be criticized. As I have written before, there are serious problems with the large number of people convicted who were only indirectly involved, the long periods of pre-trial detention, the problematic nature of some of the evidence and the refusal by the court to hear some of the witnesses on behalf of the defense.

The point is that these shortcomings should be corrected by the judicial system itself. That could be done by appeals courts in Turkey and, if that does not work, by the European Court of Human Rights (ECtHR). It would not be the first time mistakes made in Turkey’s justice system would be denounced by the court in Strasbourg and Turkey would be forced to reopen a case or pay compensation to the aggrieved party. Even without European interference, Turkish prosecutors can at any time decide to reopen a certain case when new evidence has popped up.

What we are now about to witness, however, is an arbitrary intrusion by the executive into the domain of the judiciary for reasons that have nothing to do with correcting past injustices and everything to do with a blatant attempt to escape justice. Instead of helping the truth of the corruption claims come out, the government is trying to save its own skin by putting enormous pressure on the judiciary to drop their corruption probes, and by entering into dangerous alliances that will invalidate the steps Turkey has taken in the past to settle the accounts of the military tutelage system.

Source: Today's Zaman , January 7, 2014


Related News

Reaction mounts against PM’s witch-hunt remarks

Politicians, members of the judiciary and journalists have spoken out against threatening remarks by Prime Minister Recep Tayyip Erdoğan, who stated that the government will carry out a witch hunt against followers of a faith-based group [Hizmet movement].

Tensions rise in Germany’s Turkish diaspora, mirroring splits in Turkey

The group has been active in Germany for many years, operating 150 tutoring centres in the country, 30 government-recognised schools and a dozen interfaith dialogue projects. It has long been seen as a moderate Islamic group although it has faced criticism over a lack of transparency.

Local NGOs urge Georgian gov’t to avoid returning Turkish teacher back home

Eight non-governmental organizations have called on the Georgian government to refrain from returning detained Turkish teacher to back home where “he will be possibly subjected to political persecution, torture, inhuman and degrading treatment or punishment. “[He] will have no access to fair trial,” said a statement, released on May 31.

Turkish businessmen have first iftar with Syrian refugees in Hatay

A group of Turkish businessman traveled to Kilis province on Wednesday to join an iftar dinner with Syrian refugees, according to media reports. After iftar, one of the Syrian refugees gave a speech in Turkish, saying: “We are refugees here and you have left your homes and your children and you have come here to have iftar with us. We are very happy and grateful for what you have done for us.”

Losing rationality in politics and the economy

Turkey has a weak record of institutionalization. Despite the “We are a big state” narrative, today, Turkey’s political model is simple: the leader and the nation. Lacking effective institutions that can accommodate political fluctuations, crises of various calibers can harm Turkey’s stability easily.

Police officials who carried out graft operation detained in raids

As many as 100 high-ranking members of the police force were detained in a large-scale operation which began late Monday night/early Tuesday morning in over 20 provinces as part of the government’s attempt to contain an embarrassing graft scandal which has implicated several ministers and dozens of pro-government businessmen. The operation has been described as […]

Latest News

Turkish inmate jailed over alleged Gülen links dies of heart attack in prison

Message of Condemnation and Condolences for Mass Shooting at Bondi Beach, Sydney

Media executive Hidayet Karaca marks 11th year in prison over alleged links to Gülen movement

ECtHR faults Turkey for convictions of 2,420 applicants over Gülen links in follow-up to 2023 judgment

New Book Exposes Erdoğan’s “Civil Death Project” Targeting the Hizmet Movement

European Human Rights Treaty Faces Legal And Political Tests

ECtHR rejects Turkey’s appeal, clearing path for retrials in Gülen-linked cases

Erdoğan’s Civil Death Project’ : The ‘politicide’ spanning more than a decade

Fethullah Gülen’s Vision and the Purpose of Hizmet

In Case You Missed It

Turkey: Detained higher education professionals at risk of torture

Turkey’s tryst with democracy (2)

New Book – Hizmet Means Service

Newly launched book tells stories of purge victims after Turkey’s July 15 coup

Der Spiegel: Turkish consulate officials involved in spying activities not only in Germany

AK Party’s power poisoning

Fethullah Gülen’s Message of Condolences for Those Who Lost Their Lives During Gaza Protests

Copyright 2026 Hizmet News