Original copy of military plot to bear important consequences
Col. Dursun Çiçek All eyes are on the Turkish General Staff after the original version of an alleged military plot of subterfuge to destroy the ruling Justice and Development Party (AK Party) and the Gülen movement was reportedly delivered to case prosecutors last Friday.
The discovery of the original of “The Action Plan to Fight Reactionaryism,” a copy of which emerged in June, is the strongest evidence yet in the case against Col. Dursun Çiçek, whose signature is allegedly on the document. The document was allegedly mailed to İstanbul Chief Public Prosecutor Aykut Cengiz Engin on Friday by a military officer whose name was not made public. Journalist Ali Bayramoğlu, indicating that this would help prove the document was prepared by the Turkish Armed Forces, commented on the development by saying:
“The wounds opened and the deep devastation caused by the military tutelage has once more been displayed for all eyes to see. This documents the effort made by this mentality to interfere in society and attempt to shape it, and the psychological devastation caused therewith. After this, the TSK needs to be revisited. Two questions need to come to the agenda: Did the chain of command know about this document? Or is it just the work of a group? These two questions will bear grave answers, as both of them indicate serious problems regarding the situation within the military.”
It has been reported that the original of the document, the photocopy of which was belittled by Chief of General Staff Gen. İlker Başbuğ as a “piece of paper” that was inadmissible in court, bears a genuine signature belonging to Çiçek. This has also carried controversy with regard to the status of Çiçek, who was interrogated by prosecutors in the Ergenekon case (an investigation examining alleged deep-state gangs plotting to overthrow the AK Party government and responsible for a number of heinous crimes, including assassination) and then sent to court, where he was held in jail only for 18 hours before being released.
Coming to Turkey's agenda in connection with the action plan, dubbed by some the “Intervention into Democracy Action Plan,” Çiçek had been taken into custody on suspicion of connections with the Ergenekon gang. He was arrested on charges of membership in the illegal group and then released from custody pending trial by the İstanbul 14th High Criminal Court, evaluated as a low flight risk.
Modern Legalists Union President Ceylan Tanay said that the state prosecutor had a responsibility to pursue necessary legal action against those who created the document and those responsible for its content. Calling the document a clear demonstration of the offense of attempting to disrupt the constitutional order, Tanay said: “The document's aims are clear: social disorder and the destruction of the political order. There are many articles within Turkish criminal law concerning divisive and destructive activities, and it is necessary that charges be pressed in accordance with these.”
A photocopy of the action plan was originally discovered in the office of arrested lawyer Serdar Öztürk on June 4 as part of the Ergenekon investigation. The police had said the photocopied signature fit Çiçek's handwriting, and the gendarmerie produced a report saying the signature matched the colonel's. The Scientific and Technological Research Council of Turkey (TÜBİTAK) said after inspecting the document that there was no indication that the signature had been added to it later on in any attempt at forgery.
The Military Prosecutor's Office, however, came to the decision that the document had not been prepared inside the General Staff, despite all evidence to the contrary. It said no further action was necessary and that it was a photocopy and not an original, but mentioned no effort to locate the original document. The prosecutor did not clearly state that the document was “fake,” nor did it clearly state that it was a copy of an “original” action plan, but did note that a photocopy alone could not create criminal and legal responsibility, citing legal requirements that original documents be obtained. A while after the prosecutor's announcement, the chief of General Staff referred to the plan as a “piece of paper.”
Now that the original has been located, all eyes are on the civil prosecutor's office to see what further action will be taken -- and many are wondering whether Çiçek will now be taken into custody if it is proven that the signature on the document is indeed his. The document is expected to be forwarded to the İstanbul Council of Forensic Medicine (ATK) for a test of its authenticity. The prosecutor now has the authority to request a re-arrest in light of the new evidence if the signature on it is proven to be original, and it remains to be seen whether police, gendarmerie and TÜBİTAK officials will take action to verify the document. In the coming days the results of such testing may lead to a warrant for Çiçek's arrest by the court system.
The military officer who reportedly sent the original version of the plot to Engin is said to have attached a note to his letter which read that all documents and computer reports at Çiçek's Third Information Support Unit, under the General Staff's Information Support Department, were destroyed and that the officer was only able to save the original version of the alleged military plot. In this situation, the question arises again of whether the document was the work of an isolated group within the military, or whether its origins extend to the top military brass. If top officers are indeed involved, even more provocative arrests could be expected in the coming days. It is expected that if the document is authenticated, the ties to the Ergenekon group will become even more clear.
Retired Chief State Prosecutor Reşat Petek said: “If the plan in question is indeed an original, no matter where in the chain of command they are, whoever is responsible for its creation will fall into the same boat as the Ergenekon defendants. It will then have emerged that a serious extension of Ergenekon is still active within the armed forces.” It would also be noteworthy in that it would mean any attempts to cleanse the military of such a structure have not yet been successful. “This document is proof, legal evidence. This will mean the Ergenekon investigation must be expanded.”
25 October 2009, Sunday
METİN ARSLAN ANKARA
