The Official Gazette wrote about how the Constitution was violated!...

The surprise of last night, wasErdoğan's remission of the sentences of 5 generals who were sentenced to life imprisonment in the February 28 conspiracy case and have been struggling with serious illnesses in prison for nearly 3 years.

The entire media reported this development as, “Amnesty for the defendants of the February 28 case... Retired generals pardoned by President Erdoğan.” they reported.

However, as we have written many times before, what was in question was not an "amnesty", but a constitutional obligation. Because the Council of Forensic Medicine had issued a report of " senility " for all of them, and according to the Constitution, Erdoğan was required to "remit" these sentences.

Released towards noon today As Çetin Doğanput it; “it was not a matter of amnesty, it was a requirement of the Constitution” that had been carried out.

Indeed, in the decisions published in the Official Gazette with Erdoğan's signature, for each name, it was stated that“the remaining sentence... has been lifted in accordance with the sixteenth paragraph of Article 104 of the Constitution of the Republic of Turkey”.

The reason we are dwelling on this detail is to reveal how human life and freedom have been used as a tool for politics for the umpteenth time—at the expense of violating the Constitution.

Two months ago, regarding the failure to release the generals, we said "deadly grudge"... Now, let us explain the "deadly politics"on this matter in detail.

A few days ago, Abdülkadir Selvi also wrote about it; when asked about this issue upon returning from an overseas trip, Erdoğan, “They did not apply to be pardoned.” he said.

Yes, about 2 years ago, they were very much pressured to“ask for a pardon” ... “We did not commit a crime.” they said, refusing to accept it...

Let us recall the example of retired Lieutenant General Vural Avar, who lost his life in Sincan Prison right before everyone's eyes; as his condition worsened, a “pardon” petition was first requested from his wife, retired Colonel Tuna Avar. When she refused, a petition was signed by Vural Avar one day before his death, while he was not even conscious!..

ÖZGÜR ÖZEL'S REQUEST FOR A "PARDON"

The situation of the 5 retired generals, who are fighting for their lives in the prisons where they were thrown after being tried with fabricated documents and in an unfair manner, CHP Chairman Özgür Özelbrought it up during his meeting with Erdoğan on May 2.

According to what was written and reported in those days; Özel had requested that the February 28 convicts be "pardoned," and Erdoğan replied, "Let us evaluate it” saying, and for this Minister of Justice Yılmaz Tunçhad summoned him to the AKP Headquarters. Furthermore, Özel had also requested from Erdoğan for the defendants in the Gezi Park trial “a retrial” had made the request.

Following this, after criticizing Özel for discussing judicial matters with Erdoğan, we said “if it is true” and reminded him of the following facts regarding the February 28 convicts in summary:

“The reports on advanced age issued by the Council of Forensic Medicine have been sitting on Erdoğan’s desk for exactly 13 months. Yet the Constitution is clear; signing those reports is not a favor, it is an obligation. Instead of reminding him of this obligation, Özgür Özel talks about a pardon. AKP Chairman Erdoğan—perhaps unaware that the reports are waiting before President Erdoğan—responds by saying, ‘Let us evaluate it.’ So, wouldn’t it be better if the two party leaders visited President Erdoğan together and asked him to fulfill the requirements of the Constitution and sign those reports?!”

Let us note that we learned Özel was saddened by this article of ours and continue.

As is known, a segment of the pro-government media began to speak of more than just a “softening in politics” following the Erdoğan-Özel meeting, suggesting that Özel’s “hand was being strengthened” against Ekrem İmamoğlu.

While Abdülkadir Selvi emphasized this openly, “Özel must be able to say to his own base, ‘I met with Erdoğan, but I achieved positive results.’” following these remarks, he brought the subject to the February 28 convicts and noted the following:

“At the top of this list is the issue of pardoning the retired generals convicted in the February 28 case, such as Çetin Doğan, who are quite advanced in age... Democracy is not a regime of revenge. Having 80-year-old retired generals, all of whom have various illnesses, die in prison does not bring relief to Turkey. On the contrary, it increases polarization. But pardoning them would bring relief to Turkey. The Forensic Medicine reports regarding the February 28 convicts have been completed. Their files have been waiting ready at the Presidential Complex since May 2023. With a single signature from President Erdoğan, the first step of the politics of softening in Turkey will have been taken.”

Based on Erdoğan's announcement that he would visit the CHP in a short time, Selvi wrote the following yesterday:

“Özgür Özel had brought up some issues when he visited Erdoğan. The point I am curious about is whether steps will be taken regarding these demands before Erdoğan goes to the CHP? In other words, will he go with his hands full?”

GEZI “REJECTION” FEBRUARY 28 “ACCEPTANCE” STEP

“Our judiciary is independent and impartial” while it is said, how would it be possible to go “with hands full” regarding judicial matters that are primarily addressed in the meeting of two political leaders?!

Based on these issues brought up by Özel, let us look at the developments just before Erdoğan's February 28 signature last night.

Özel had requested “retrial” for the Gezi convicts.

It was reported that the panel of the“retrial” request for Kavala, which was to be reviewed on Tuesday, was changed. Istanbul 13th High Criminal Court However, the new panel rejected this request the very next day.

It is unknown whether the Kobani case was brought up during the Erdoğan-Özel meeting; however, a verdict was reached in that case yesterday as well, and a large number of defendants were sentenced to heavy prison terms.

Following these events, while debates began over whether "softening" or "normalization" were just a fantasy and reactions to the Kobani verdicts were pouring in, Erdoğan commuted the sentences of the February 28 convicts in the middle of the night.

It appears that, in the words of Selvi, Erdoğan went to Özel with this decision "with his hands full" will go!..

WHAT IF ONE MORE HAD DIED?!

Highlighting that the Forensic Medicine reports of the retired generals have been sitting on Erdoğan's desk for 1 year, “It is not a pardon, but a Constitutional obligation” as we said; let's get to the point.

The decision published in the Official Gazette today gave flesh and bone to this reality. Namely;

Fevzi Türkeri's Forensic Medicine report is dated April 7, 2023... And the Ministry of Justice sent it to the Palace on May 12, 2023...

The date of Yıldırım Türker's report is April 12, 2023... The Ministry of Justice sent it on May 18...

The date of Cevat Temel Özkaynak's report is April 10, 2023... The Ministry of Justice sent it on May 31...

The date of Erol Özkasnak's report is April 12, 2023... The Ministry of Justice sent it on March 31...

The date of Çetin Doğan's report is April 5, 2023, and the Ministry of Justice sent it on May 3...

However, even though it is a constitutional obligation, Erdoğan has not signed them to this day.

There are two possibilities; either the Palace officials did not present these files to Erdoğan—meaning he was unaware of them until he met with Özel—or they were presented and Erdoğan did not sign them...

Whatever the reason, it is crystal clear that the retired generals have been kept in prison arbitrarily for one year.

What if one or more of the generals had died in prison during this past year?!

Setting aside the violation of the Constitution; is this picture not, at the very least, playing with people's lives and freedoms through 'misconduct in office'?

And furthermore, if it weren't for Özgür Özel's visit, and if a process of 'normalization' or 'softening' in politics hadn't been initiated thanks to it, would that signature have been signed last night anyway?

HOPEFULLY THEY WON'T EXPECT A 'THANK YOU'

In March 2014, when the Constitutional Court ruled for a 'violation of rights' in the Ergenekon conspiracy case and the defendants were released, the then-Prime Minister Erdoğan, 'They did not thank us' had complained, and the then-President of the Istanbul Bar Association, Assoc. Prof. Dr. Ümit Kocasakal, had reacted as follows:

'There is a confession here, as always. Because he says, "I made these releases; therefore, I should be thanked." In other words, he says, "The judiciary is mine." Is there any need for further confession? Of course, there is another side to this; if they are supposed to thank you for these releases, then they should also hold you accountable for the imprisonments.'

Whether it is because of these reactions, it is unknown; a few months later, again in the Constitutional Court's ruling on the Balyoz conspiracy case, Following the "violation of rights" ruling, when the defendants were released, Erdoğan explained that this happened thanks to the individual application right they introduced in the 2010 referendum, but this time, "We don't even expect a thank you from them. It is enough that they know who is fighting for democracy in this country." he had said.

What we would say is; surely they don't expect a thank you from the February 28 convicts either!..

Wishing our commanders, who have finally regained their freedom, and their families all the best.

Müyesser YILDIZ
May 17, 2024