Rıza Akpolat, law, and power

'What is the law to power?' The answer to this question has been found in different forms throughout history. Because if a sovereignty or hierarchical relationship is established between them, it would be naive to expect justice from that. In such a case, the law becomes the errand boy of power, its propaganda, and a useful apparatus. Especially during periods of coups, this has been a frequently resorted-to method. Justice ceases to exist there; laws are either discarded or rendered invisible; what should be applied is not, and if a needed law does not exist, it is invented. In short, the law of power comes into play there, and all other laws are shelved.

Last week, the whole country talked about the detention of Beşiktaş Mayor Rıza Akpolat. The allegations, statements, minutes, events, etc... All these are one side of the issue, and we will discuss the details more over time. For now, let us keep these questions from Bahadır Özgür in mind:

“Now a file has been placed in front of us, and we are asked to look only at that and make a decision. Because when you poke around the front and back of it, completely different questions emerge. For example; how does a gang in Beşiktaş turn into a reputable company in Bahçelievler, 20 kilometers away? Or why is a person who was provided with billions of liras in rent through a special law passed two months ago considered an organized crime leader the moment they enter the borders of a CHP-run municipality?... None of these answers are in that file. Yet, the whole story is hidden right there.”

Now let us move on to the relationship between law and power and continue with these questions: Where in the law is it written to send security forces to the home of one of the district mayors of Turkey's largest city in the middle of the night as if conducting a raid? As we have already seen in the questions directed at him(!), the process had already been completed within itself; a preparation had been made. In that case, does the law dictate this “raid,” or does the statute say to go and get someone in the dead of night? And what would happen if the same situation were applied to an AKP mayor in Istanbul? There is no doubt that the ruling party would stir up the whole country, claiming that the judiciary is staging a coup against the nation, and could even launch an investigation into those who carried out the operations. Let us remember that Erzincan Chief Public Prosecutor İlhan Cihaner, who was conducting an investigation at the time, was practically dragged from his office and detained. And by a prosecutor, at that! Let no one say these were only the work of the Fethullahist structure. Let us also remember that Erdoğan was saying at the time, “I am the prosecutor of this case (Ergenekon).” In other words, he was directly claiming ownership of what was happening and signing off on the actions taken.

The absurdity experienced during the Rıza Akpolat process is not limited to this alone; we all saw and witnessed it. Houses were searched in night raids, subsequently, he was not questioned despite being kept at the police station for four days, and he was transferred between three different prisons after being arrested. Now, how are we to explain all this with the law? If there is no answer to this, if we cannot find an answer to our question from a legal perspective, then we must express it by calling it by its name; the operation carried out is political, and what is happening cannot be legitimized in any way. Therefore, this process, which turns into psychological violence and even torture in some places, is in need of being judged itself. At this point, the judiciary must literally step in. 

But who are we telling this to? Can the judiciary currently step in during such situations? For example, can a judge launch an investigation into what is happening? Unfortunately, the reality of Turkey we live in does not give a positive answer to this question. Except for the ruling front in Turkey and those under its control, what conscientious person can accept the detention and conviction of Tayfun Kahraman, Can Atalay, Osman Kavala, Çiğdem Mater, and others? The Gezi Park protests were cited as the reason for these arrests. If they had arrested millions of people back then; it could not have been done, of course. In this respect, we have once again seen the dead body of the law here. 

The law was not recognized, justice was not recognized, the decisions of the Constitutional Court, which is the identity of a country, were not recognized; they even wanted to shut it down. We have come to search for law and the judiciary with a lantern. We have reached today from those points, and because strong political responses were not given to what happened in those processes, we continue to live with the consequences.

In the final analysis, we can state that in the person of Rıza Akpolat, the law has once again been trampled underfoot in this country. The detention cells at the police station, the doors that greeted the police in the middle of the night, the family members who were subjected to a night raid in fear and panic; his father, mother, wife, and sister witnessed this. Afterward, the eyes that heard it, read it in the news, and watched it on television witnessed it. And everyone, wherever they were, began to ask these questions: Where is all this written in the law? Will this not be held to account? If the law is not being applied now, if all these human rights violations are being committed in front of everyone's eyes, whose rights are safe, and to what extent, now and in the future? And surely, how realistic and how meaningful is the existence of a people whose rights are not protected?

Dostoevsky says, “I believe that conscience is a second lawgiver. It does not miss what we cannot catch.” The people's belief in the truth, their commitment, and their determination is actually the greatest struggle for justice. With the resistance and actions shown, laws come to their senses, what is not applied is applied, what is missing is completed, the needed law is enacted, and the truth speaks to us once again. Then, it is time to look at our conscience and our strength. Hope is there.