Saturday, March 5, 2011

A bad picture




A bad picture

ERGUN BABAHAN
e.babahan@todayszaman.com



Journalists Nedim Şener and Ahmet Şık were detained following police raids. An absurd memorandum was prepared concerning the death of Muhsin Yazıcıoğlu. Mustafa Balbay was relocated to a single cell at midnight.

As a columnist who has supported the Ergenekon probe since its inception, I cannot approve of these developments. Coups, coup attempts and the blood spilled to make them possible are all realities of this country. They must be dealt with resolutely.

However, I cannot say this is currently being done in a serious and persuasive manner. The detentions that hurt the collective conscience, the way the court decisions are implemented and the claims that there are even journalists among the defendants of the Ergenekon case adversely affect the persuasiveness of the Ergenekon investigation. These practices not only play into the hands of opponents of the trial, but also refute the claim that Turkey is confronting and questioning its recent past.

The fact that the attempts to overthrow the government were terminated prematurely and that the public has developed a stronger sense of democracy does not mean that Turkey no longer has a regime problem. This country is still not like Spain or Greece. There are still many steps that must be taken to reinforce the democratic structure.

The above-mentioned developments serve as nothing but obstacles on this long road we must take. They further urge the people who have concerns about the ruling Justice and Development Party (AK Party) to stick to their republic-of-fear perception, a process that increases polarization in society.

Moreover, they create negative impressions about Turkey, making it look like a new Russia. It is disturbing to see that Turkey, which serves as a model for Muslim peoples who demand democracy and the rule of law in the region, can create such a perception. Turkey recently became a country that is anxiously monitored by the European Union and the United States of America.

Complying with the laws in force in a country does not mean that there is rule of law in that country. Moreover, perceptions that people’s rights are violated in legal practice will do democracy no good.

To put everyone behind bars with ambiguous accusations such as “inciting the public to hatred and enmity” or “being a member of Ergenekon” when they raise objections to the Ergenekon investigation and take sides in the contention between the military and the police or in internal rifts among the police is not something that I can approve of. These developments do not conform to at least the theory of clear and present danger.

Making the Supreme Board of Judges and Prosecutors (HSYK) more pluralistic or establishing new departments in the Supreme Court of Appeals and the Council of State is not and cannot be judicial reform. As long as we continue to see the judiciary as an institution that we can stuff with our supporters, we cannot diagnose and treat real problems.

This is the dilemma Turkey is currently facing. The developments have started to offend the collective conscience. It is an “accomplishment” for those who are conducting the Ergenekon case to cause even the most ardent supporters of the case to adopt this position in the end.

The case in question has been considerably watered down. The final judgment to be given by the court on an uncertain date will bear the same doubts and the opportunity to settle accounts with our past will have been wasted. There is an ad for blue jean that reads “This is İstanbul,” and seeing the recent developments, one feels compelled to say “This is Turkey.”

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