The Ministry of National Defense won't let up on the retired admirals!...

Yesterday, we evaluated the "legal" statements made by Minister of National Defense Yaşar Güler regarding the lieutenants who recited the Officer's Oath by crossing their swords after their graduation ceremony and declared, "We are the soldiers of Mustafa Kemal."

Today, let us address the persistence and determination (!) of the Ministry of National Defense (MSB) to punish the 103 retired admirals who, 3.5 years ago, following the US-Russia war disguised as a Ukraine conflict, called for the protection of the Montreux Convention and for no new religious sects to be permitted within the Turkish Armed Forces (TSK).

RUSSIA'S LATEST MONTREUX WARNING

But before that, let us report on the latest developments regarding Montreux.

There is no need for us to explain at length the ambitions of the US-NATO to bypass Montreux in order to encircle Russia.

Indeed, Erdoğan himself said to the then-NATO Secretary General Jens Stoltenberg in 2016, "You are not visible in the Black Sea. Your lack of visibility in the Black Sea is effectively turning the Black Sea into a Russian lake."

It is known that plans regarding the Black Sea are included in every NATO Summit, that important decisions were taken at the most recent summit held in Washington in July, and that subsequently, Ukrainian President Zelensky approved a maritime security strategy defining the presence of NATO forces in the Black Sea.

Following these developments, Nikolay Patrushev, Deputy Chairman of the Security Council of the Russian Federation, made a statement evaluating the summit decisions and Zelensky's move as follows:

"This summit revealed the ambitious plans of the fervent anti-Russian alliance, which declared a route to protect freedom of navigation in the Black Sea, to actually increase its military presence and intensify the conflict in the region. Among the tasks specified in the strategy recently signed by Zelensky are; building a navy with all branches of the armed forces, forming a coalition with NATO member countries, conducting exercises and maneuvers, ensuring the permanent presence of NATO forces in the Black Sea, and organizing maritime patrols along with joint or coordinated security missions with other countries in the Azov-Black Sea basin."

Speaking again in recent days, Nikolay Patrushev emphasized that countries without a coastline on the Black Sea would not be tolerated in maintaining a permanent naval presence in these waters, "in violation of the Montreux Convention Regarding the Regime of the Straits."

Shortly before this emphasis by Patrushev, a remarkable statement came from Russian Foreign Minister Sergey Lavrov. Reporting at the BRICS Leaders Summit in Kazan that Erdoğan had made a "proposal regarding navigation in the Black Sea" to Putin, Lavrov said, "UN Secretary-General Antonio Guterres is also expressing similar ideas. It is currently being examined by the competent authorities. However, so far, we have not found anything new that shows a willingness to take Russia's interests into account."

From this atmosphere on the Russian side, it is understood that something new is happening in the Black Sea.

OUR NAVY COMMANDER'S US EXPEDITION

Let us come to Ankara. It was last year; we heard the following from the Commander of the Naval Forces, Admiral Ercüment Tatlıoğlu:

"NATO is trying to take some measures in the Black Sea. However, we state that we will take these measures ourselves and declare that we do not want NATO or America in the Black Sea... Our goal is for Montreux to be complied with. As Turkey, we provide all security in the Black Sea. Let them not turn the Black Sea into a Middle East. Therefore, we do not want any country or NATO to enter the Black Sea."

Admiral Tatlıoğlu was in the US on November 4 with a delegation. He was welcomed with a ceremony, met with Secretary of the Navy Carlos Del Toro and Chief of Naval Operations Admiral Lisa Franchetti, and made various visits.

In the statement made by the US Navy, it was explained that bilateral relations were discussed at the meeting held at the Pentagon, that the "Navigation Plan for America's Fighting Navy" published in 2024 was shared with Tatlıoğlu, and that "security challenges in the Black Sea, especially mine-clearing efforts, were discussed."

In her post, Tatlıoğlu's counterpart, Admiral Franchetti, expressed that she was "excited to have meaningful discussions on improving the interoperability of the two countries' navies," while highlighting the exercises conducted in the Black Sea and the Baltic.

THE PALACE IS ON BOARD, BUT WHAT WILL THE COURT OF CASSATION DO?

What is the connection between this atmosphere in the Black Sea and the 103 retired admirals' Montreux statement?

As is known, the retired admirals' statement was interpreted as a "memorandum" and a lawsuit was filed against them demanding up to 12 years in prison. However, the Ankara 20th High Criminal Court acquitted all of them on December 20, 2022.

The Presidential lawyer appealed the decision, stating that all defendants should be punished, while the Public Prosecutor argued that 12 individuals should be punished. The Ministry of National Defense, whose request to join the case had previously been rejected, also went to the appellate court to have its request to join the case accepted.

The Ankara Regional Court of Justice 22nd Criminal Chamber rejected all these requests on October 21 and upheld the acquittal of the retired admirals.

As can be predicted, the Presidency and the Prosecutor appealed this decision to the Court of Cassation.

In the appeal made by the Presidential General Directorate of Law and Legislation, the claim that the 103 retired admirals committed a crime was repeated with expressions such as; "The main purpose is to hinder government policies... With the old habits still present in some soldiers, as if shaking a finger at the government... They have encouraged the masses who have a coup mentality."

The Appellate Prosecutor also argued that "the admiral declaration was in the style of a 'memorandum' text like in past periods against the government and was published with the aim of illegally mobilizing active-duty TSK personnel against the government," and demanded that 12 names be punished.

Both the Presidency and the prosecutor cited various decisions as precedents, including the Court of Cassation's reversal decisions regarding the February 28 and Balyoz conspiracy cases.

Do you remember; the government's newspaper Sabah had announced the Court of Cassation's reversal decision regarding Balyoz with the headline "Precedent decision for the admirals' declaration" before the trial of the admirals had even begun!..

In short; the ball is now in the Court of Cassation's court regarding the fate of the retired admirals. For those who might ask, "What kind of decision will come from the Court of Cassation?" there is an important detail we must recall.

Less than 24 hours after the retired admirals' call, the Presidency of the Court of Cassation made the following statement:

"No power or formation that does not rely on constitutional and legal authority and that targets the will of the nation can be accepted. What has been experienced in the past has shown that those who have an appetite for coups, memorandums, and tutelage have been eliminated by the vast common sense and unique heroism of our nation. Against all kinds of interference directed at the security of the Republic of Turkey, the constitutional and democratic order, and individual rights and freedoms; judicial institutions that exercise judicial power independently and impartially on behalf of the Turkish Nation will appreciate and fulfill what is necessary within the framework of the laws."

Let us suffice with noting that although the President of the Court of Cassation has changed, this statement, which is in the nature of a prejudgment, still remains on the Court of Cassation's website.

PLEASEING THE ENEMY WHILE THE BLACK SEA IS HEATING UP

During this process, the Minister of National Defense also changed. The Minister was Hulusi Akar during the period when the retired admirals stood up for Montreux.

Stating that this declaration "served no purpose other than to please our enemies," Akar reacted to his comrades-in-arms with the words; "The TSK cannot be made a tool for the ambition, passion, and personal goals of a person or persons who have no duty or responsibility... Whatever the price of this is, they will pay it."

The following also happened during the Akar era:

A ban on entry to TSK facilities was imposed on the commanders whose names were in the statement... Three former Naval Forces Commanders were evicted from their lodgings, and their security details were removed... The MSB also filed a criminal complaint against the retired admirals and wanted to be a party to the case. Even though the court rejected it, it insisted on this request.

During the term of the current Minister Yaşar Güler, the Appellate Court rejected the MSB's request to join and upheld the acquittal decisions given for the retired admirals.

Let us also report what the MSB General Directorate of Legal Services did following these decisions. In the application made to the Appellate 23rd Criminal Chamber on November 4; it was reported that the MSB was a "victim and harmed by the crime," and it was requested that the rejection decision given by the Ankara 20th High Criminal Court and the Appellate 22nd Criminal Chamber regarding the requests to join the case be lifted.

In conclusion; while the ring of fire around us has tightened considerably, what good does this insistence on punishing the admirals who stood up for Montreux do other than to please the enemy?!..

Müyesser YILDIZ

November 15, 2024