Unfair trial in Turkey / The Boston Globe – Ergenekon degerlendirmesi

DEMIRTAS BAYAR
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DEMIRTAS BAYAR

Bu Ergenekon duruşmaları bana çoğunlukla delice haksız, delillerin tahrif edildiği, anayasayı çiğneyen, devleti yıkan, büyük acı çektiğimiz Yassı Ada duruşmalarını hatırlatıyordu. Yargıçlar, Hakimler sırf bu duruşmayı gerçekleştirmek için özel olarak Erdoğan Hükümeti tarafından tayin edilmişti. Biraz düşündüm. Bu duruma kıyasla, Deniz Feneri soruşturmasını yürüten iki yargıç aniden o soruşturmadan uzaklaştırılmıştı. Yerlerine atananlar davayı kapattılar ve bugün Deniz Feneri yok oldu. Deniz Feneri gericilere dokunuyordu. Sonunda Ergenekonda verilen hükümler tahmin ettiğim gibi birçok yerli ve beynelmilel akademisyenler ve adli bilim adamlarının tepkisine uğradı.

 

Misallerini bu alttaki iki makalede okuyabilirsiniz. Türkiyeyi muhabirlarin mezarı olarak görenler de var.Dünya çapında Turkiye imajının bu kadar kötülendiğini ben hatırlamıyorum.

 

Buna rağmen Türk gençliğinin uyanık olduğuna inanıyorum ve geleceğimizin düzeleceğinden ümitliyim.

 

Demirtaş Bayar

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The Podium

Unfair trial in Turkey

The Boston Globe

By Peter Diamond

 the  boston globe

August 09, 2013

Last Monday, in Turkey’s notorious Ergenekon trial, 254 of the 275 defendants were convicted of membership in a clandestine terrorist organization seeking to destabilize Turkey’s government. While Turkey has a history of military coups, a dirty war against Kurds, and other illegal activities, this trial had little to do with prosecuting such real crimes and did not come close to the standards for a fair trial.

As reported, severe sentences were given to some members of the military, but those convicted also include many civilians. As part of a human rights mission from the International Human Rights Network of Academies and Scholarly Societies, I visited Turkey to examine the cases of eight scientists, engineers and doctors, each indicted in one or two of four separate trials including this one.

To gather information about the trials, our three-person mission met with government officials, diplomats, journalists, lawyers, and academics and read widely. We met with four of these eight where they were held in high security prisons, and one who had been released on bail. While depressing, the prisons we visited were not the horrific places past movies might suggest.

The Ergenekon trial included six of the cases we studied. All six were convicted, with sentences ranging from 10 to 23 years. Two of the six had been in prison for four years awaiting completion of this trial. Another has been in prison for over a year and is awaiting another trial as well. Five of these six are doctors and have been rectors of universities. The sixth, a chemical engineer, formerly headed the council that oversees Turkish universities and has been a Fellow at Harvard’s Weatherhead Center. None have advocated violence; all are outspoken secularists, while the government is Islamist. (The six are Mehmet Haberal, Fatih Hilmioğlu, Riza Ferit Bernay, Mustafa Abbas Yurtkuran, Kemal Alemdaroğlu, and Kemal Gürüz.)

Multiple reports make it clear that the trials do not come close to international standards for a fair trial. The European Union and the United Nations have criticized Turkey’s human rights record related to these trials. The State Department’s 2012 Human Rights Report for Turkey reported that the “judicial system was politicized and overburdened and authorities continued to engage in arbitrary arrests, hold detainees for lengthy and indefinite periods in pretrial detention and conduct extended trials. The secrecy of investigation orders also allowed authorities to limit defense access to evidence and fueled concerns about the effectiveness of judicial protections for suspects.”

Gareth Jenkins, a widely respected Istanbul-based journalist, described the trials as “a series of highly controversial judicial cases targeting opponents of the Islamic conservative movement, which have been found to suffer from deep flaws, inconsistencies, and instances of outright fabrication of evidence.” (Turkey Analyst, vol. 6 no. 3 13 February 2013.) He also referred to them as “characterized by outlandish claims and numerous abuses of due process. The indictments against the accused ran to thousands of pages. Yet not only were they riddled with absurdities and contradictions, they contained no convincing proof that either the Ergenekon organization or the coup plot existed. On the contrary, some of the evidence adduced to support the prosecutors’ claims had clearly been fabricated.” (MERIA Journal Volume 15, Number 02 (June 2011).) With the case for some falsification of evidence being strong, the lack of fairness includes refusing to allow forensic experts to testify on that issue.

There appears to be no credible basis on which to conclude that any of these eight colleagues is guilty of committing the crimes of which they have been accused. Intimidation of its critics and exaction of revenge against secularists seem to be the government’s prime reasons for many of the arrests. The situations faced by these colleagues are illustrative of very many cases in Turkey that are tried under antiterrorism legislation.

Turkey is at a crossroads with a country-wide diverse population of demonstrators protesting over many issues. The government has responded with widespread arrests. This is happening at a time when Parliament is proposing to overhaul the constitution and elections are approaching. Many have been looking to Turkey as a model for a democracy in a state with a tradition of Islam. But modern Turkey can hardly lay claim to democratic legitimacy if it persists in perverting its justice system in pursuit of a transparently political vendetta.

Peter Diamond is an Institute professor emeritus at MIT and a 2010 Nobel laureate in economics; the report is available at

 

 

 

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THE WALL STREET JOURNAL

 

REVIEW & OUTLOOK  Updated August 6, 2013, 7:25 p.m. ET

The Paranoid Style in Turkish Politics

Erdogan punishes his opponents on dubious conspiracy charges.

Turkey’s Prime Minister Recep Tayyip Erdogan put his repressive side on display in June, when he denounced peaceful demonstrators in Istanbul’s Taksim Square as “provocateurs and terrorists” and turned water cannons and rubber bullets on them. Now Mr. Ergodan’s government is venting its paranoid side, sentencing dozens of opponents to lengthy prison terms as part of a conspiracy case unworthy of a democratic state.

The name of the alleged conspiracy is Ergenekon, the mythical birthplace of the Turks and the supposed name of an underground ultranationalist organization bent on destabilizing the country and overthrowing Mr. Erdogan’s Islamist government. The evidence for the existence of Ergenekon is thin, yet Mr. Erdogan has blamed it for nearly every terrorist act carried out on Turkish soil in recent years.

The government has imprisoned hundreds of people it claims are part of the plot, many of them senior military officers but also journalists, lawyers and members of parliament. On Monday, a court handed out more than 250 sentences, ranging from time served (five years in some cases) to life in prison. Among those getting the maximum were Ilker Basbug, formerly the Turkish military’s chief of staff, and Dogu Perincek, head of the left-wing Workers’ Party.

Mr. Erdogan’s supporters point out that, however fantastical Ergenekon might seem, the Turkish military has staged three coups, most recently in 1997 when it overthrew the short-lived Islamist government of Necmettin Erbakan. And there’s no question that the old Turkish political order contained a “deep state” of senior judges, military officers and bureaucrats who were secular in their orientation but frequently autocratic, self-dealing and venal in their methods.

That was one reason why Mr. Erdogan’s rise to power raised hopes that Turkey might become a more mature and representative democracy. Instead, the Prime Minister has used his decade in office to replace one deep state with another. The man who in 1999 spent four months in prison for reciting a militant Islamist poem is returning the favor in spades. The hundreds of verdicts may have been designed to create the impression of a vast conspiracy, but a mass trial is a poor way to give individual defendants their legal due.

Such vindictiveness won’t serve the long-term political interests of Mr. Erdogan and his political party. Until recently many Turkish secularists have supported Mr. Erdogan because he delivered economic prosperity while reducing the political influence of the military. But his brutal approach to the Taksim protesters and now these verdicts have persuaded many of those erstwhile supporters to turn against him. The last thing Turks want is their own Vladimir Putin.

For years, Turkey was a model of a Muslim country that could separate mosque from state. Under Mr. Erdogan, it might have also become a model of an Islamic democracy, hostile neither to religion nor modernity. With Monday’s verdicts, it looks like something more depressingly familiar to the Middle East: a state where the fate of its citizens depends on the whims of the strongman.

 

A version of this article appeared August 7, 2013, on page A12 in the U.S. edition of The Wall Street Journal, with the headline: The Paranoid Style in Turkish Politics.


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