January 23, 2014

I wish none of this had happened

Cafer Solgun

The ruling party described the Dec. 17, 2013 corruption probe as a coup attempt and started an illegal process through which it removed many public employees.

Thousands of police officers were removed from their posts, prosecutors were intimidated and threatened and their orders were ignored. The cases in which coup plans and attempts had been prosecuted were all of a sudden brought under suspicion. The judges and prosecutors in these cases, as well as many others, were reappointed. A draft bill was prepared to make the Supreme Board of Judges and Prosecutors (HSYK) subordinate to the justice minister; despite the criticism and reaction, this attempt, which would destroy the principle of the supremacy of law and the independence of the judiciary, still continues.

It became almost impossible for the prosecutors, who faced extensive pressure, to investigate the corruption and bribery allegations involving figures affiliated with the ruling party. Prosecutors can perform their jobs and duties effectively only if they do not feel pressured. The most recent example of this was observed in İzmir. İzmir Chief Prosecutor Hüseyin Baş noted the pressure applied to him by the Justice Ministry Undersecretary Kenan İpek, who told him that he should drop the bribery investigation in which a relative of former Transportation Minister Binali Yıldırım was implicated, otherwise things would be bad. On the day that Republican People's Party (CHP) leader Kemal Kılıçdaroğlu announced this to the people, the undersecretary should have resigned or been removed by the minister; however, he still remains in that position.

A similar case arose when prosecutors wanted to search trucks allegedly operated by (thank you for this!) by the National Intelligence Agency (MİT), which were carrying weapons to Syria. The prosecutors, who had to act in accordance with the notice they received, were removed, and the law enforcement officers who had complied with the prosecutor's orders were reassigned. Nobody will be surprised now if law enforcement officers do not comply with prosecutors' instructions.

The same thing happened to the investigation that became public on Dec. 25, 2013 in İstanbul. The suspects, including Bilal Erdoğan, son of Prime Minister Recep Tayyip Erdoğan, did not give any statement in response to the allegations raised against them. In the end, that investigation, case disappeared. Not the judiciary, but Prime Minister Erdoğan decided that the allegations were unsubstantiated.

All these developments show that we are having a serious crisis of state and law. If you adopt a critical stance vis-à-vis the ruling party, you will be labeled pro-coup. Now these accusations include a weird reference to the Hashishin. In addition, the Hizmet movement, which had been praised until recently, is now referred to as a gang and parallel state. Even the coup-makers did not go this far, because they were aware that this would not be convincing. Nobody knows what the prime minister might say tomorrow in a statement of accusation.

Many people who are upset because of these incidents and developments wish that the Hizmet movement and the government would reconcile. Some columnists have taken up this wish. It sounds nice at first. Of course, disagreement and fighting are not good. But who is fighting? Who initiated the war? Who made the most extreme and false accusations to cover up the bribery and corruption investigations? Who resorted to illegal removals and reassignments in the judiciary and state institutions without relying on any legal reasons?

And yet, a new start could be made with a serious and sincere apology. The ruling party can exonerate itself of the bribery and corruption charges in the judiciary. It can get rid of the obsession that everybody must comply with its wishes and see that law and democracy is the main field of reconciliation that everybody needs. Turkey could advance along the path of democratization; this would be a start for peace and reconciliation.

Otherwise, “I wish none of this had happened will mean, “I wish the ruling party had continued in spite of the bribery and corruption charges.” Of course, I do not believe that such a reconciliation is proper and ethical.

Published on Today's Zaman, 23 January 2014, Thursday