Advanced justice practices of advanced democracy
Probably citizens, including most supporters of the ruling Justice and Development Party (AKP), of this “advanced democracy” were expecting the government to legislate through Parliament a special law shielding the top spy of the country from prosecution and a while later punish the “prosecutor with extraordinary powers” by posting him to a remote part of the country as an “ordinary prosecutor.”
Alas, we were all wrong. The government was subscribing to a far more advanced democracy and far higher ideals of justice than anyone with some brains might have expected. It appears there is no limit to the goop “advanced democracy” of the AKP. In the so-called Ergenekon thrillers testimonies with virtually every minute detail against the suspects that ought to be kept secret under the code on procedures of trial were “leaked” to the allegiant media and nothing happened to those “special prosecutors” other than promotion.
In the latest probe on alleged collaboration of some top executives, including the top spy Hakan Fidan, of the Turkish Intelligence Agency (MİT), with the separatist terrorist Kurdistan Workers’ Party (PKK), different “rules” were applied. First, the AKP swiftly moved to make an amendment in the law on MİT. A draft to be legislated this week was stressing that only with the approval of the premier MİT members might they be prosecuted for their deeds on duty. Even if that amendment providing a judicial shield to Fidan – contrary to the constitutional principle that laws should not be framed to serve particular individuals – was legislated intact, as the probe was launched earlier, the top spy would not have been saved.
Thus, the cart was placed in front of the horse, contingency plans were shuffled and the absolute authority – who postponed a second medical operation on his digestion system to oversee the “operation salvage Fidan” – gave the go ahead to “operation divine justice” and immediately the “officious prosecutor with special powers” was sacked on grounds of failing to preserve the secrecy of the probe and hiding information from his superiors.
Naturally one would expect the chief prosecutor of Istanbul to find more credible excuses to explain why the prosecutor who dared to invite the top spy of the country to testify “as suspect” in connection with the Kurdish Communities Union (KCK, alleged urban wing of the PKK) investigation, particularly at a time when news is spreading around that at least five different protocols – including one on a new constitution – allegedly discussed between MİT executives and PKK chieftains in secret talks. (Obviously the premier understood the ultimate address the probe would go to and wanted it put to a full stop at any cost while he still could.)
The development has displayed how just or independent from political authority justice in Turkey is. It became clear that in this advanced democracy with advanced justice some are “more equal” in front of justice.
Turkey has to eradicate this crooked system of extraordinary courts and prosecutors. Penal Code Articles 250, 251 and 252 on special courts must be dropped urgently to have a glimpse of justice in this country.