Questions about July 15... Nasuh Mahruki’s 'Crime'!..

Turgut Aslan, the head of the Counter-Terrorism Department at the time, who was shot in the head and left for dead during the July 15 coup attempt, emphasized that the first question he asked when he opened his eyes after 103 days in a coma was, “Is there democracy in this country?” Aslan also noted that July 15, which resulted in 253 martyrs, must not be forgotten and that these events must be explained very well to the youth, known as Generation Z.

Given that exactly 10 years have passed since July 15, let us recall what has happened in just the last month, starting from the question posed by Aslan, who is now a Chief Advisor to the President: “Is there democracy in this country?”

Before the NATO Summit held in Ankara on July 7-8, not only NATO opponents but even the “TEMA aunts” were detained and arrested... The “No to NATO” banners hung by the Felicity Party (Saadet Partisi) were either cut down or fined...

Thus, despite the principle of “no crime or punishment without law,” which we know as the foundation of criminal law and which is embodied in Article 38 of the Constitution and Article 2 of the Turkish Penal Code (TCK), has a crime such as “the crime of being against NATO” not been effectively invented?

For years, Erdoğan said, “No one is above the law; no one is unaccountable or privileged.” With this understanding, while the immunity of members of parliament was being lifted on one hand, on the other, has a massive “privileged” class not been created by making it a crime to even suggest that those in the government’s orbit—especially judicial and state officials—have “an eyebrow over their eye,” let alone criticizing them?

Here are the last two examples of this:

Veteran journalist Ali Çağatay has been in prison for 1.5 months because of a post questioning the relationships of police officers in an operation. His indictment has not even been prepared yet.

As if media headlines are not decorated every day with news about the relationships of public officials with criminal organizations!.. Just look at the allegations regarding the then-Governor of Tunceli in the Gülistan Doku case; that is enough.

Another journalist, Fatma Sibel Gürcihan, was also arrested for reminding the public of an allegation against a former minister.

And what should we say about the Radio and Television Supreme Council (RTÜK) launching an investigation into Sözcü TV over criticisms regarding Colani/Shara, who was made President of Syria while he was the leader of HTS, on the grounds that “expressions were used that could harm good neighborly relations, and which do not align with the Republic of Turkey’s foreign policy vision, fundamental principles, and diplomatic doctrine, through baseless accusations against the legitimate President of our neighbor Syria”?

At this rate, I suppose we shouldn't be surprised if showing a reaction to the terrorist leader in İmralı, the PKK members, or even Trump is considered a crime!..

Judicial Control for Those Who Say “Theater,” Prison for Those Who Don't

We have a new “crime” to add to our collection: the crime of questioning July 15.

First, on July 12, two CHP municipal council members, who were alleged to have called July 15 a “theater” during a commemoration program at the Bahçelievler Municipal Council, were detained on charges of “inciting the public to hatred and hostility.” Ultimately, they were released under judicial control measures.

A week later, former AKUT president Nasuh Mahruki was detained on the same allegation and was arrested, even though his post contained the phrase “controlled coup” rather than calling it a “theater.” It was also noteworthy that the prosecutor’s referral for arrest emphasized that “Mahruki has over 571 thousand followers, and the provocative post in question received more than 76 thousand views in a short time, creating a clear and imminent danger and public outrage.”

After this development, journalist Arslan Bulut naturally asked, “Is it forbidden to question July 15?”

Who Hasn't Questioned It?

Yet, who hasn't questioned July 15, both before and after?

Let’s start with the politicians.

After the AKP declared Fethullah Gülen a “parallel structure,” didn't MHP Leader Devlet Bahçeli, recalling Erdoğan’s words, “What did they ask for that we didn't give?” as early as 2014, state that “if there is a parallel state, the responsible parties and culprits are Erdoğan and the AKP governments before anyone else,” and demand that those responsible be held accountable before the law “without delay or postponement”?

A year and a half before July 15, didn't he say, “It is futile for Erdoğan to try to save himself by saying ‘we were mistaken, we were misled.’ Those who govern the state will not have the luxury of saying ‘pardon.’ It is inevitable for a government that cannot choose its risks and cannot see the circles aiming to seize the state, if they exist, to become a prop and fodder for Turkey’s enemies.”?

And just four days after July 15, didn't he say the following?

“It is a known fact that the Gülen community has long wanted to be stationed in the TSK (Turkish Armed Forces)... If my warnings, which I made with complete accuracy at the time, had been heeded, we would not be experiencing today’s disaster and defeat... Let this be our word; we will settle accounts to the end with its extensions in politics and the cancer cells that surround us inside and out, and we will not let their actions go unpunished until the very end... Let us know that July 15 is not a blessing, but a pitch-black page in the 93-year history of the Republic.”

Is Nasuh Mahruki’s “controlled coup” claim “of a nature to create public outrage” because it received thousands of views, is that it?

Weren't the discussions in the July 15 research commission established in the Grand National Assembly of Turkey (TBMM) broadcast live for weeks? Didn't all opposition parties attach dissenting opinions to the prepared report? While the CHP determined that “the government detected the arrival of the coup in advance but did not do what was necessary to stop or prevent it,” didn't the MHP state that the political leg of the coup attempt must be uncovered?

Now, didn't Kemal Kılıçdaroğlu, who was appointed as a trustee to the CHP, characterize July 15 as a “theater” for years?

Putting all that aside; didn't the then-AKP Gaziantep MP Şamil Tayyar himself, just 1 year later, note that “the General Staff Headquarters did not provide accurate information to Erdoğan and the Prime Minister,” by saying, “Today, what we know to be true may be false, and what we know to be false may be true; those we know as heroes may be traitors, and those we know as traitors may be heroes”?

Again, didn't the then-Special Forces Commander Zekai Aksakallı, known as the “hero” of July 15, criticize by saying, “In the TSK, in crisis situations, as soon as the first news is received, the order ‘Personnel shall not leave the barracks’ is given as a precaution. This basic rule was not applied when the first news was received on July 15. If it had been applied, the coup attempt would have been exposed from the beginning.”?

The Government Writer’s Questions

Let’s come to the present day.

While Nasuh Mahruki was arrested for questioning July 15, didn't Yusuf Kaplan, a writer for the government’s newspaper Yeni Şafak, share the following questions and findings regarding July 15 from Nuri Gür, the Bursa representative of the “Civilization Imagination School” (Medeniyet Tasavvuru Okulu), which he founded?

“How were the reports regarding the coup preparation evaluated? Why were some doors opened and some doors left closed? Why was the news that should have reached the President delayed? Why are some events that happened that night still waiting behind a cloud of fog? History sometimes progresses with questions rather than answers. Every unasked question is a heavy trust left on the shoulders of the future. Memory does not survive on stories of heroism. Memory is also the home of self-criticism. A society that cannot look at its own flaws cannot fully understand the crimes of others.”

If we continue from here; aren't questions asked in 2016, such as “Why was Erdoğan informed late? Did he learn about the coup from his brother-in-law? Why were two important names, Hulusi Akar and Hakan Fidan, not heard in the courts and the Parliamentary July 15 Commission?” still on the agenda 10 years later?

Likewise, isn't it wondered why the then-Prime Minister Binali Yıldırım could not reach Hakan Fidan that night, whether the O.K. who went to the MIT (National Intelligence Organization) reported a “coup” or that MIT Undersecretary Hakan Fidan would be kidnapped, and why the General Staff’s statement regarding Akın Öztürk, who is alleged to be the number 1 of the coup, saying “We sent him to Akıncı Base,” was later removed?

So, where do we place Erdoğan’s words after July 15, “a gift from God,” and on the 10th anniversary, “Turkey’s greatest gain in this process has been the Presidential Government System, which eliminated the dual-headedness in administration”?

Court of Cassation Decision: “Saying Theater Is Not a Crime”

Because of Nasuh Mahruki’s arrest, we asked, “Is it forbidden and a crime to question July 15?” However, there is an event that happened long before, just 4 days after July 15; let us recall that.

The event was as follows:

A bailiff of the İnegöl 3rd Criminal Court of First Instance speaks at the courthouse cashier as follows:

“You know it wrong, this is a game of the government, those who fired from inside the tank were lynched by the citizens, they laid so many soldiers on the ground, they tortured them, you don't know anything. This coup is a scenario. The coup attempt is just a theater or a scenario planned by President Erdoğan to become president, let’s not fall for such games, the innocent soldier was lynched by the citizen. Besides, the president and his cabinet were hand in hand with FETÖ until yesterday.”

A lawsuit is filed against the bailiff on charges of “making propaganda for the FETÖ/PDY armed terrorist organization.” In the end, the court decides to acquit him, and the decision becomes final. However, the Ministry of Justice takes the file to the Court of Cassation (Yargıtay) with the request that the acquittal decision be “overturned for the benefit of the law” on the grounds that those words constitute the crime of “propaganda.” The Chief Public Prosecutor’s Office of the Court of Cassation also requests that the acquittal be overturned. The 16th Criminal Chamber of the Court of Cassation, in 2019, rejects this request with the following justifications:

“These words... are a reflection of the criticisms voiced in some circles immediately after the coup attempt. Other than these words, the defendant has no action or speech showing his relationship and sympathy with FETÖ... Considering the time and manner in which the defendant’s words were spoken, it is understood that they remain within the scope of harsh criticism, and in this sense, the acquittal decision given by the court on the grounds that the legal elements of the crime were not formed is appropriate...”

Despite this solid decision of the Court of Cassation; what else could be the reason for Nasuh Mahruki’s arrest other than a new attempt to make questioning July 15 a crime?!

Müyesser YILDIZ

August 3, 2026