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OBSERVERS: ERGENEKON LEGALLY RECOGNIZED AS TERRORIST ORGANIZATION
Today's Zaman, Turkey
Aug 5 2013
5 August 2013 /SEVG襤 AKARCE癬^ME, 襤STANBUL
Following the verdicts on the historic Ergenekon trial, observers have
commented that the court has for the first time legally recognized
the existence of the Ergenekon terrorist organization.
Columnist and professor Mehmet Altan told Today's Zaman that the
conviction decisions in the Ergenekon trial are significant as they
are the first steps towards a more democratic republic and leaving
behind the Sept. 12, 1980 regime, a legacy of the military coup in
Turkey. However, he noted that further democratization in Turkey
should continue in order to prevent polarization in the country
following this trial. "If the regime democratizes the country, the
significance of these cases would increase," Altan commented, adding
that all the other remnants of the military regime should be removed.
Although he refrained from commenting about the legal aspects of the
case as he is not familiar with the legal details, Professor Bask覺n
Oran told Today's Zaman that the Ergenekon trial is significant for
the future of the country in that it shows that coup attempts will not
be left unpunished. In the face of claims that the evidence was weak,
Oran pointed out, "I believe there were defendants who plotted a coup,"
noting that the indictments of the case were watered down.
According to him, the connections of the Ergenekon organization
in Cyprus, in east of the Euphrates and to the murder of Armenian
journalist Hrant Dink were not established and remains a shortcoming
of the case.
Dismissing the arguments that the verdicts in the Ergenekon trial
were based on weak evidence, former prosecutor Gultekin Avc覺 said
in the past the Turkish legal system had convicted members of the
terrorist Revolutionary People's Liberation Party/Front (DHKP/C)
and Hezbollah based on lesser evidence than in the Ergenekon case.
"The most important point is that is the court recognized the existence
of the Ergenekon terrorist organization and stated that it is an armed
structure," said Avc覺 in comments to Today's Zaman. He also referred
to two previous decisions by the European Court of Human Rights (ECtHR)
acknowledging the strength of the evidence in the Ergenekon case.
According to Avc覺, although some reductions of the sentences came
as a surprise, the decisions were expected based on articles 312 and
314 of the law against terrorism and the Turkish Penal Code (TCK)
respectively. While describing the case as a blow to the military
tutelage in Turkey, Avc覺 argued that the military leg of the Ergenekon
organization was not fully exposed.
Justice Minister Sadullah Ergin refrained from making a comment on
the verdicts while Justice and Development Party (AK Party) Gaziantep
deputy and former journalist 癬^amil Tayyar, who had written books
on the Ergenekon case before, found the rulings very appropriate. "I
especially thought that the acquittal of Ali Yigit, who provided
information about the hand grenades, was appropriate," Tayyar stated.
He was convinced that the court had made a thorough evaluation of
the defendants on a case-by-case basis. Commenting on the release of
Ergenekon suspect Mehmet Haberal later during the day, Tayyar claimed
that such a decision was an attempt to save Haberal and he found the
12 years, six months jail term verdict for Haberal surprising given
Haberal's role in Ergenekon.
On the other hand, members of the opposition disagreed. Republican
People's Party (CHP) Mersin deputy Ali R覺za Ozturk, a member of the
Parliamentary Justice Commission, argued that the verdict of the case
was decided when the case was opened. "How can I evaluate a case that
is not legal?" he asked. Former CHP Deputy Chairman Hakk覺 Suha Okay
joined Ozturk in claiming that there was nothing legal about the case.
CHP Deputy Chairman Adnan Keskin also dismissed the trial, arguing
that the court had virtually fabricated an indictment. "It is not
possible for us to accept the verdicts of our deputies," Keskin said
in reference to CHP members and Ergenekon convicts Mustafa Balbay
and Haberal, who were nominated by the CHP while they were in prison.
Keskin described the verdicts as the "darkest decision of the Turkish
judiciary system in its history."
Nationalist Movement Party (MHP) deputy Chairman Oktay Vural said that
the MHP does not accept any illegal activities. "Some politicians
have become the judge or the lawyer of this case, but we expect
justice to be done without the politicization of the judiciary,"
Vural said. He claimed that the government used the Ergenekon case
as a tool to suppress the opposition. "The verdicts should be found
legitimate by both the people and the judicial system," he commented.
The president of the 襤stanbul Bar Association Umit Kocasakal
criticized the court, saying that the trial was only procedural as
the public had already made its decision. "They [those who made the
rulings] are going to be the losers, we are going to be the winners,"
said Kocasakal, referring to the end of the legal process which is
expected to be appealed by the lawyers of the convicts.
Responding to the criticisms by the opposition, AK Party Kastamonu
deputy and Deputy Chairman of the Parliamentary Justice Commission
Hakk覺 K繹ylu said that the opposition have never viewed the case
objectively. According to him, those who cannot come to power through
ballot boxes have always been involved in methods to illegally obtain
power. To him, the Ergenekon organization includes such people.
European Union Affairs Minister and chief negotiator Egemen Bag覺癬_
also commented on his Twitter account that it was confirmed in the
Ergenekon trial that there were coup plots to overthrow the legitimate
government. "The existence of an organization called Ergenekon and the
fact that it planned to overthrow the government is recognized. Let's
see the defenders of Ergenekon now," Bag覺癬_ wrote in his account.
Former deputy prime minister and minister Bahattin Yucel, on the other
hand, said on his Twitter account that the conviction of the former
commander-in-chief of the Turkish Armed Forces (TSK), 襤lker Ba癬_bug,
as the leader of Ergenekon would initiate a debate about the TSK.
http://www.todayszaman.com/news-322839-observers-ergenekon-legally-recognized-as-terrorist-organization.html
From: Baghdasarian
Today's Zaman, Turkey
Aug 5 2013
5 August 2013 /SEVG襤 AKARCE癬^ME, 襤STANBUL
Following the verdicts on the historic Ergenekon trial, observers have
commented that the court has for the first time legally recognized
the existence of the Ergenekon terrorist organization.
Columnist and professor Mehmet Altan told Today's Zaman that the
conviction decisions in the Ergenekon trial are significant as they
are the first steps towards a more democratic republic and leaving
behind the Sept. 12, 1980 regime, a legacy of the military coup in
Turkey. However, he noted that further democratization in Turkey
should continue in order to prevent polarization in the country
following this trial. "If the regime democratizes the country, the
significance of these cases would increase," Altan commented, adding
that all the other remnants of the military regime should be removed.
Although he refrained from commenting about the legal aspects of the
case as he is not familiar with the legal details, Professor Bask覺n
Oran told Today's Zaman that the Ergenekon trial is significant for
the future of the country in that it shows that coup attempts will not
be left unpunished. In the face of claims that the evidence was weak,
Oran pointed out, "I believe there were defendants who plotted a coup,"
noting that the indictments of the case were watered down.
According to him, the connections of the Ergenekon organization
in Cyprus, in east of the Euphrates and to the murder of Armenian
journalist Hrant Dink were not established and remains a shortcoming
of the case.
Dismissing the arguments that the verdicts in the Ergenekon trial
were based on weak evidence, former prosecutor Gultekin Avc覺 said
in the past the Turkish legal system had convicted members of the
terrorist Revolutionary People's Liberation Party/Front (DHKP/C)
and Hezbollah based on lesser evidence than in the Ergenekon case.
"The most important point is that is the court recognized the existence
of the Ergenekon terrorist organization and stated that it is an armed
structure," said Avc覺 in comments to Today's Zaman. He also referred
to two previous decisions by the European Court of Human Rights (ECtHR)
acknowledging the strength of the evidence in the Ergenekon case.
According to Avc覺, although some reductions of the sentences came
as a surprise, the decisions were expected based on articles 312 and
314 of the law against terrorism and the Turkish Penal Code (TCK)
respectively. While describing the case as a blow to the military
tutelage in Turkey, Avc覺 argued that the military leg of the Ergenekon
organization was not fully exposed.
Justice Minister Sadullah Ergin refrained from making a comment on
the verdicts while Justice and Development Party (AK Party) Gaziantep
deputy and former journalist 癬^amil Tayyar, who had written books
on the Ergenekon case before, found the rulings very appropriate. "I
especially thought that the acquittal of Ali Yigit, who provided
information about the hand grenades, was appropriate," Tayyar stated.
He was convinced that the court had made a thorough evaluation of
the defendants on a case-by-case basis. Commenting on the release of
Ergenekon suspect Mehmet Haberal later during the day, Tayyar claimed
that such a decision was an attempt to save Haberal and he found the
12 years, six months jail term verdict for Haberal surprising given
Haberal's role in Ergenekon.
On the other hand, members of the opposition disagreed. Republican
People's Party (CHP) Mersin deputy Ali R覺za Ozturk, a member of the
Parliamentary Justice Commission, argued that the verdict of the case
was decided when the case was opened. "How can I evaluate a case that
is not legal?" he asked. Former CHP Deputy Chairman Hakk覺 Suha Okay
joined Ozturk in claiming that there was nothing legal about the case.
CHP Deputy Chairman Adnan Keskin also dismissed the trial, arguing
that the court had virtually fabricated an indictment. "It is not
possible for us to accept the verdicts of our deputies," Keskin said
in reference to CHP members and Ergenekon convicts Mustafa Balbay
and Haberal, who were nominated by the CHP while they were in prison.
Keskin described the verdicts as the "darkest decision of the Turkish
judiciary system in its history."
Nationalist Movement Party (MHP) deputy Chairman Oktay Vural said that
the MHP does not accept any illegal activities. "Some politicians
have become the judge or the lawyer of this case, but we expect
justice to be done without the politicization of the judiciary,"
Vural said. He claimed that the government used the Ergenekon case
as a tool to suppress the opposition. "The verdicts should be found
legitimate by both the people and the judicial system," he commented.
The president of the 襤stanbul Bar Association Umit Kocasakal
criticized the court, saying that the trial was only procedural as
the public had already made its decision. "They [those who made the
rulings] are going to be the losers, we are going to be the winners,"
said Kocasakal, referring to the end of the legal process which is
expected to be appealed by the lawyers of the convicts.
Responding to the criticisms by the opposition, AK Party Kastamonu
deputy and Deputy Chairman of the Parliamentary Justice Commission
Hakk覺 K繹ylu said that the opposition have never viewed the case
objectively. According to him, those who cannot come to power through
ballot boxes have always been involved in methods to illegally obtain
power. To him, the Ergenekon organization includes such people.
European Union Affairs Minister and chief negotiator Egemen Bag覺癬_
also commented on his Twitter account that it was confirmed in the
Ergenekon trial that there were coup plots to overthrow the legitimate
government. "The existence of an organization called Ergenekon and the
fact that it planned to overthrow the government is recognized. Let's
see the defenders of Ergenekon now," Bag覺癬_ wrote in his account.
Former deputy prime minister and minister Bahattin Yucel, on the other
hand, said on his Twitter account that the conviction of the former
commander-in-chief of the Turkish Armed Forces (TSK), 襤lker Ba癬_bug,
as the leader of Ergenekon would initiate a debate about the TSK.
http://www.todayszaman.com/news-322839-observers-ergenekon-legally-recognized-as-terrorist-organization.html
From: Baghdasarian