The evidence attached to the letter is the original of the conspiracy document known as the Action Plan to Fight Reactionaryism aiming to finish the Justice and Development Party (AK Party) and Fethullah Gülen, which we have been discussing for several months. What we are discussing is no longer a “piece of paper.”
From now on, either we will see the due process of law in which the persons who are responsible for preparing this document are tried or we will frequently hear statements to the effect of “this country is being ruled by the law of the jungle.”
Well, who will pose the greatest difficulty when the due process of law functions? It has to function in the end. More precisely, in the light of past experiences, we should ask: Who will work hardest to prevent the due process of law?
The risk of undermining the due process of law first calls to mind certain judicial organs and judicial figures. Indeed, in such cases, when we move step-by-step closer to reality, “Operation Icarus” comes into play. I like Icarus (I... comme Icare) is a French film from 1979. As you know, Icarus, an important symbol in Greek mythology, flies too near the sun with wings made of wax. His wings start to melt as he draws closer to the sun. Based on this allegory, the film tells the story of law enforcement officers carrying out a major investigation. As they draw closer to the truth, the deep centers strive to obscure the incident, and big pressures are exerted on the prosecutors conducting the investigation.
Likewise, when investigations make some progress in this country, certain mechanisms are triggered. Evidence collected up to that point is attempted to be covered through several methods including, for example, appointments, promotions or new assignments. This is what happened with the Susurluk investigation, isn’t it? Please remember that the head of the court who had been appointed at the last minute to try the Susurluk defendants is today acting as the lawyer of Ergenekon defendants. Even Ayhan Çarkın, who was sentenced in the Susurluk trial, did not believe the short term of imprisonment to which they were sentenced: “There was a board of judges who tried us for 3.5 years under this trial. Later, the board was removed from the trial. For the last 15 days, another board was appointed by Mesut Yılmaz’s government. We only got four years in prison. But, you know on what charges we were being tried. Everyone knows what happened.”
Who can forget the scandal that emerged during the meeting of the Supreme Board of Judges and Prosecutors (HSYK) held several months ago? Some HSYK members who had had numerous meetings at hotels with the Ergenekon defendants and who had declared them as their family friends engaged in heated debates with Justice Minister Sadullah Ergin and Justice Ministry Undersecretary Ahmet Kahraman for several days in order to make sure that the judges and prosecutors dealing with the Ergenekon investigation are appointed to other positions. A newsweekly which is known to be an open supporter of Ergenekon had called on the HSYK to take action and some HSYK members had lent their full support to this call. Moreover, the judiciary also made another weird decision that facilitated the launch of legal action by the Ergenekon defendants against the prosecutors. And this was perceived by the general public as the “intimidation of the Ergenekon prosecutors.”
People who pen articles about the Ergenekon investigation are facing legal action. The majority of about 3,000 such actions are about the matters which are not normally eligible for legal action. A prosecutor who has recently decided to work as a notary public and who is claimed to have commercial ties with the Ergenekon defendants has tried to etch his name in history by launching about 1,500 such investigations. Later, when his phone conversations were exposed to the general public, we saw that he talked to the Ergenekon defendants in this manner, “We are trying to give the newspapers a hard time.” Is this prosecutorial responsibility? Is this the rule of law? Is this a sense of fairness? Yet, such things happen in Turkey. This is because certain people in the judiciary -- particularly those who had infested the top judiciary during a certain period -- feel themselves close to Ergenekon. They even get instructions from it and feel flattered when it gives them some words of appreciation. There is also the Judges and Prosecutors Association (YARSAV), which I no longer like to talk about. There is a YARSAV president whose name I do not want to mention here. How can a person act as an active prosecutor and at the same time sit at the center of politics and shadowy business? Does this suit him? Does this damage the image of the judiciary?
Now, we will wait and see who will make the first move in the Operation to Rescue Ergenekon. Something inside me tells me that this move will come from the hand extended in assistance from the judiciary. I do not want to believe this, but looking at the incidents that have happened in the past, I can find nothing to say. How I wish I was wrong about this country so that confidence in the judiciary could be reinforced.
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