Appeals court upholds acquittal of retired admirals who signed Montreux declaration

The acquittal in the trial of 103 retired admirals from the Naval Forces, who faced charges over a declaration they signed regarding the Montreux debates, has been upheld by the appeals court. 

In the verdict hearing held on December 20, 2022, all 103 defendants were unanimously acquitted on the grounds that "the legal elements of the crime were not formed." Following the decision, the prosecutor of the case and the counsel for the Presidency filed an appeal. The 22nd Criminal Chamber of the Ankara Regional Court of Justice announced its decision regarding the appeal on October 21. 

The Chamber decided to "reject the appeals on their merits individually." 

WHAT HAD HAPPENED? 

The Montreux debate began after former Parliament Speaker Mustafa Şentop responded to the question "Can the President abolish the Montreux Convention?" by saying, "Technically, he can." Shortly after this statement by Şentop, the debate intensified when photos emerged of Rear Admiral Mehmet Sarı, the Naval Supply Commander, wearing a turban and robe at a religious sect house. 

On the night of April 3, 2021, 103 retired admirals and 1 general from the Turkish Naval Forces published a declaration that became known to the public as the "Retired Admirals' Declaration." The declaration stated that "discourse and actions that would cause the Convention to become a subject of debate should be avoided." On the morning of April 4, the "Retired Admirals' Declaration" dominated the agenda. 

While the declaration received support from citizens, it drew a reaction from the government, and the Ankara Chief Public Prosecutor's Office launched an investigation on the same day against the signatories for the crime of "agreement to commit crimes against the security of the state and the constitutional order" under the Turkish Penal Code. Within the scope of the investigation, retired admirals Ergun Mengi, Atilla Kezek, Alaettin Sevim, Ramazan Cem Gürdeniz, Nadir Hakan Eraydın, Bülent Olcay, Kadir Sağdıç, Türker Ertürk, Turgay Erdağ, and Ali Sadi Ünsal were detained. The detained admirals were released on April 13 under judicial control. The remaining admirals were summoned to testify on April 16 and May 27 and were released under judicial control.