Beware!

Ekrem Dumanlı

Because the agenda changes so quickly, this could be detrimental to the people, and in particular to commentators.

If you cannot look at the events through a strong will and comprehensive approach, you could be moved from one end to the other. However, history shows that swift and premature comments later embarrass those who make them.

It of course shocks all of us to hear that the National Intelligence Organization (MİT) undersecretaries and officers were called to testify. This is why everyone attempted to find something meaningful in this move without trying to understand what really happened. Some questioned the MİT-Kurdistan Workers' Party (PKK) talks held in Oslo. However, it has been long since these talks were exposed. Is it reasonable to believe that the judiciary has remained inactive over these five months and that a prosecutor has only now decided to investigate this? It has become evident that the essence of the matter is not the Oslo talks.

Information and documents seized during the Kurdish Communities Union (KCK) operations put MİT under a spotlight. Both information and documents but also confessions from KCK members put MİT, an important state institution, into a delicate and difficult position. A similar situation was once observed with respect to the armed forces, and a number of military servicemen were brought to trial over suspicions that they supported the PKK.

The charges in the investigation dossier are grave. Some of the people who were put under arrest as PKK or KCK members actually served as agents of the state. You might say, “Well, that could be OK; this is how intelligence services work anyway.” True. However, if the people who infiltrated into the urban cells of a bloody terrorist organization and witnessed the planning and execution of a number of plots did not notify the relevant institutions, should this not be investigated? More importantly, if these people reported to their supervisors but did not take any measures and if this was not indicated in the investigation files, should the relevant institutions not take action to address this?

There is an important argument that has been around for many years and that has recently been covered in books: that MİT established the PKK. The argument goes on to say that MİT also administers the PKK. These allegations have never been addressed or investigated thus far. Maybe that has not been possible. However, a number of unresolved events -- including the murder of Uğur Mumcu -- were attributed to the link between the PKK and MİT. If the information, findings and documents, as well as confessions seized during the KCK investigation, could prove this intricate relationship, what should the judiciary do? Should it cover it up or should it take action to identify what really happened?

Let us not kid ourselves. If an armed organization has been able to fight against the state for decades and its militants have never been eliminated, one of the reasons is the link between that organization and some operational individuals acting on behalf of the state. It does not matter whether they are police officers, military servicemen or intelligence collectors. No organization could survive in the face of state power unless these people extend their support. Terrorist organizations that have been eliminated should be analyzed from this perspective as well.

Unfortunately, both the PKK and Hizbullah were protected by the state during the foundation of these illegal groups. National security policies were drafted while our young children were being killed. This is not the Justice and Development Party's (AK Party) fault; and this is why the current confrontation is not a process that this party should engage in. If a bloody organization was established 30 years ago under the auspices of MİT and if that organization still kills people, is it not necessary to confront some realities? It is not the AK Party that created and sustained the link between MİT and the PKK. Therefore, attempts to present this party as if it is responsible for the current state of affairs takes Turkey to an improper stage.

The process of transparency in Turkey transcends political parties and civil society organizations as well; and so what is happening is not a conflict but a natural outcome of the process of transparency and democratization. The worst choice would be to cover up what has been revealed. The issue is not a judicial matter alone. Intelligence officers who infiltrated the KCK and terrorist attacks that were not prevented are now the job of researchers. Making inferences out of daily developments without dealing with the historical responsibility in the big picture would lead to consecutive mistakes. Beware! Those pleased with the emerging picture are the same people who have been hostile to the AK Party and the Gülen movement. Making them pleased will help no one.

Trap

In discussing a matter, sometimes an assumption is made; and everything else is based on this assumption. The same thing happened recently when MİT officials were summoned to testify. Some implied that the prosecutor was a member of the Gülen movement, whereas others directly made this argument. In the end, we witnessed the publication of columns and analyses that took this argument as the absolute truth, so much so that you'd think these police officers and jurists have it written on their forehead that they are members of a religious community. This is nonsense.

The reason for the strong emphasis on the “community” by some circles is obvious. The changed attitude of those who had been hostile towards the AK Party and Recep Tayyip Erdoğan is based on a certain goal. They now support the prime minister for some purpose. Some want to provoke a clash and disagreement between the community and the party. Some may believe in this deep plan despite being good-intentioned, but what really matters is remaining resolute in the face of daily and current engagements. If we approach it through reason and conscience, everyone will see that what we have here is a plot and a trap.

New Ergenekon plan for Article 250

In his review of recent discussions, CHP leader Kemal Kılıçdaroğlu expressed his intentions directly by asking for the abolishment of Article 250 of the Code on Criminal Procedure (CMK). The CHP has been making this request for some time now because once specially authorized courts are abolished, cases concerning deep structures, including the investigation into Ergenekon, would be undermined. Supporters of Ergenekon have been asking this for some time.

Article 250 sets out the limits of special courts. Under this law, specially authorized prosecutors are able to take untouchable figures to trial; and because of this piece of legislation, courts are able to try offenders who have acted on behalf of the state. As we know from the Gladio investigation in Italy, there are similar courts and practices in other parts of the world because the jurisdiction of local courts falls short and is limited in such incidents. Gangs, clandestine organizations and mafias are investigated by such mechanisms and courts in the world. Without the powers of super prosecutors, no one can hold organized criminals accountable.

This is a contradiction for the CHP as well. While they are asking for the abolishment of parliamentary immunity enjoyed by the deputies, they are also seeking new shields to protect the deep structures. Some AK Party figures have adopted a harsh stance against Article 250, making it seem that they have aligned themselves with the CHP for now. They are doing so because they cannot appreciate that some future problems may come out in connection with that. Let me be frank: If the powers afforded by Article 250 are abolished, all coup cases will be dismissed, and the AK Party will suffer from this the most.

With the advocates of Ergenekon increasing the propaganda that the actual target of the MİT investigation is the prime minister, they are actually seeking to save their comrades from justice and the legal process. Any steps to be taken without realizing this reality will take Turkey to an entirely different stage. I hope the AK Party's common sense will not let party members forget their longstanding battle or offer such a fertile opportunity to coup supporters.

Published on Sunday's Zaman, 12 February 2012, Sunday