How Turkish ‘justice’ works

[Solomon2]

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Tuesday,March 5 2013

MUSTAFA AKYOL
akyol@mustafaakyol.org

How Turkish ‘justice’ works

Last week, an Istanbul court sentenced a Turkish journalist to ninety days in prison for a piece he wrote 10 months ago. Luckily, the sentence was changed into a fine, so the “convict,” namely Rasim Ozan Kütahyalı, was saved from going to jail. But he became a convict nonetheless, risking a prison sentence the next time he commits a similar “crime.”

Please try to guess what the “crime” was. Based on the recent criticisms and clichés about press freedom in Turkey, here are a few options that I think many readers might readily suspect:

a) Insulting His Excellency Prime Minister Tayyip Erdoğan

b) Insulting the all-sacred religion of Islam

c) Insulting the most honorable Ottoman Empire

The right answer, however, was none of the above. In fact, Mr. Kütahyalı would probably never do any of the above, because he is known to be a strong supporter of Prime Minister and Erdoğan and the “New Turkey” in which both Islam and the Ottoman Empire are officially praised.

Mr. Kütahyalı was rather sentenced for “insulting” one of the most notorious figures in Turkey’s ancien regime: the late Major Esat Oktay Yıldıran, who was the commander of the Diyarbakır Military Prison during the military junta regime of the early 1980s. In his piece, dated April 9, 2012, published in daily Takvim, Kütahyalı had referred to Yıldıran as “Diyarbakır’s torturer ... who committed many crimes against humanity.” Soon, Yıldıran’s son, Gültekin Selçuk Yıldıran, who himself is also an officer in the Turkish military, sued Kütayhalı for “insulting” his deceased father. He won the case and Kütahyalı got a prison sentence.

However, the link between Major Yıldıran and torture is simply undeniable. During his command, the Diyarbakır Military Prison functioned as “hell on earth,” as many inmates later revealed in books and interviews. Prisoners were systematically beaten, electrified, humiliated, raped, forced to sit in the sewer, and even to eat human feces. Thousands were exposed to such cruelty, and it is no wonder that 34 among them died under torture. This lead Time magazine to list the place as “one of five worst prisons on Earth.”

Some accounts by inmates suggest that Major Yıldıran did not only direct these tortures, but also enjoyed them. Reportedly, he would take especial pleasure from making his dog, “Jo,” attack naked prisoners and bite their genitals. The poor men, and women, were also made to kneel in front of the dog and beg for its mercy.

Major Yıldıran’s end was also in line with his own violent past. In 1988, he was assassinated in a public bus in Istanbul by an outlawed Kurdistan Workers’ Party (PKK) militant, in an apparent revenge operation. “Laz Kemal sends his regards,” the killer reportedly said, before pulling the trigger, referring to one of the inmates who lost his life in Diyarbakır Military Prison.

The weird thing is while that almost every Google search about Esat Oktay Yıldıran will give you such facts about his history with torture, Rasim Ozan Kütahyalı was sentenced for calling him a “torturer” in an opinion column. This does not only remind us that Turkey’s draconian laws on “insult,” and the archaic judicial mindset that interprets them, often act as agents of thought policing. It also proves that they can still serve the masters, and the monsters, of the ancien regime.

March/02/2013

 

[Inspector Spacetime]

There are reforms on the way for the Turkish justice system, it's called '4'uncu yargi paketi'. I don't know many details on what will be changed, but I do have hope that stuff like this will be changed. (as far as I know, the reason for this reform is because of issue's like this).

Plus, Turkey is working on a new constitution, not sure when it will be active though, because there are some troubles concerning a few issue's between political parties.

 

[liontk]

Not to offend any turk members but isn't the sentence a little bit aggressive. Now I can understand the sentiment of him criticizing islam but as a secular democracy, I am sure people can tolerate that given the amount of PKK talking points propaganda some countries are spouting regularly. Also journalist are important part of society, this sentence may set a bad precedence for journalist like here in west sadly, where every body touts the government line to stay in governments good side.

 

[Inspector Spacetime]

Not to offend any turk members but isn't the sentence a little bit aggressive. Now I can understand the sentiment of him criticizing islam but as a secular democracy, I am sure people can tolerate that given the amount of PKK talking points propaganda some countries are spouting regularly. Also journalist are important part of society, this sentence may set a bad precedence for journalist like here in west sadly, where every body touts the government line to stay in governments good side.

Everyone in Turkey knows that the justice system is not up to par. A lot of these laws are legacy laws from the coup era. That's why it is so important for Turkey to have a new constitution and reforms in the justice system. Personally I'm optimistic, the brass in Turkey are aware of this problem and that is the first and biggest step in resolving the issue.

 

[Neptune]

Everyone in Turkey knows that the justice system is not up to par. A lot of these laws are legacy laws from the coup era. That's why it is so important for Turkey to have a new constitution and reforms in the justice system. Personally I'm optimistic, the brass in Turkey are aware of this problem and that is the first and biggest step in resolving the issue.

I was never been a supporter of the coup d'etas or their laws but it's the gov't who arrest the journalists, officers, politicians not the laws from the coup era. Regardss

 

[Inspector Spacetime]

I was never been a supporter of the coup d'etas or their laws but it's the gov't who arrest the journalists, officers, politicians not the laws from the coup era. Regardss

The journalist in the article is someone known to be a supporter of the AKP government. How do you explain that?

Judges are bound by laws, they can't sentence someone as they please. It's got to be based on something. And then obviously there is the supreme court and even if that fails, there is always the EU court to which the plaintiff can take his/her case.

 

[Neptune]

The journalist in the article is someone known to be a supporter of the AKP government. How do you explain that?

Judges are bound by laws, they can't sentence someone as they please. It's got to be based on something. And then obviously there is the supreme court and even if that fails, there is always the EU court to which the plaintiff can take his/her case.

do you think there's only one arrest. There're hundreds of arrests. Do you really think that our judges are very honest? I'm giving it to maybe because you're not in home for years.

 

[TheCommander]

@Inspector Spacetime already mentioned that most of our laws are the coup era. Nowadays, the Parliament works on new constitution and the government also revising the laws. In short, we are not perfect but we are making progress.

Actually, I really wonder why do not those who make fuss about how many journalists are arrested in Turkiye say anything about the journalist arrest in England? It is so obvious there is PRs and PWs to put Turkiye on the spot in international arena. Although Justice Minister explained that none of the journalist are arrested because of their job, still propaganda goes on.

It just came to my mind, @Solomon2 how about the journalists Rick Sanchez and Helen Thomas who were faced the wrath of some lobby in the US? Where was the US justice when it comes to criticize some untouchable people?

@Neptune

Do you really think that our judges are very honest?

you are right, we all know very well how judges and supreme courts members got order from 28 Feb coups d`etas.

At that time, noone was talking about any evidence. How many officers got expelled from our army without any reason? How many people got arrested just because of their belief? Today, although evidence are solid and verified by different institutes POLITICS - Evidence in Balyoz case not fabricated, court announces including EHRC European human rights court says coup suspect Do European court says Turkey Sabah English there are still some people who insist the evidence are fabricated. People must know there is no room for any type of coups in our country anymore.

 

[Neptune]

@TheCommander, yeap as i said before I was never been a supporter of it. So I hate both the current judges, and the coup judges and their laws. Now, just as in the coup era, we're still in a fuvcked up situation.

 

[LegionnairE]

You would think there's justice in this country when you're passing by this place

Biggest court of justice in entire Europe gives you the impression
But then a student protests the minister, loses his stipend, get's kicked out of his dormitory
Çiçek'i protesto etti, yurttan atıldı - Hrriyet GNDEM

People who served this country rot in jails for years without a conviction
Ergenekon trials - Wikipedia, the free encyclopedia
Without a single damn witness saying that Ergenekon exists
157 TANIK Dinlendi

 

[Inspector Spacetime]

You would think there's justice in this country when you're passing by this place

Biggest court of justice in entire Europe gives you the impression
But then a student protests the minister, loses his stipend, get's kicked out of his dormitory
Çiçek'i protesto etti, yurttan atıldı - Hrriyet GNDEM

People who served this country rot in jails for years without a conviction
Ergenekon trials - Wikipedia, the free encyclopedia
Without a single damn witness saying that Ergenekon exists
157 TANIK Dinlendi

Ergenekon saved this country? Those Ergenekon guys that are being convicted have some serious allegations against them, and I highly doubt they will be declared innocent. Let's just wait and see what the court is gonna decide concerning that case. I'm glad that this trial is going on and it is very important for Turkey's democracy and future.

You are implying that Ergenekon are hero's, I seriously doubt this notion and would argue it's the opposite. I don't want to judge them because there is a court case pending, but I can't really help myself and say they are pretty much guilty. I must say it's not a good look for them.

However, I am critical about this case in terms of the long incarceration pending trial. I do think the trial has gone on for too long. But when it comes to the ultimate judgement, I speculate most of the one's prosecuted will be found guilty in this case. Basicly a similar outcome to Balyoz case, I don't have a comment on how many man years of incarceration will be given though.

 

[Neptune]

Ergenekon saved this country? Those Ergenekon guys that are being convicted have some serious allegations against them, and I highly doubt they will be declared innocent. Let's just wait and see what the court is gonna decide concerning that case. I'm glad that this trial is going on and it is very important for Turkey's democracy and future.

You are implying that Ergenekon are hero's, I seriously doubt this notion and would argue it's the opposite. I don't want to judge them because there is a court case pending, but I can't really help myself and say they are pretty much guilty. I must say it's not a good look for them.

However, I am critical about this case in terms of the long incarceration pending trial. I do think the trial has gone on for too long. But when it comes to the ultimate judgement, I speculate most of the one's prosecuted will be found guilty in this case. Basicly a similar outcome to Balyoz case, I don't have a comment on how many man years of incarceration will be given though.

I really started to think that you also agree with sitting on the same desk with terrorists? Yes there were coup officers in our history. But those arrested? Their only fault was loving and serving to their country so we could live without fear. It's the same regime who put those patriots into jail, now negotiates with terrorists, thinks of releasing terror prisoners.

 

[LegionnairE]

Ergenekon saved this country? Those Ergenekon guys that are being convicted have some serious allegations against them, and I highly doubt they will be declared innocent. Let's just wait and see what the court is gonna decide concerning that case. I'm glad that this trial is going on and it is very important for Turkey's democracy and future.

It's not about what you think will happen, these people have served this country and they didn't harm anyobdy. My stomach can't handle the truth that they are being treated like terrorists for "planning" to overthrow a bunch of self-serving corrupt politicians. Parliament members and Prime Minister himself has hundreds of lawsuits waiting for them but they can't be brought to court and trialed because they have immunity.

You are implying that Ergenekon are hero's, I seriously doubt this notion and would argue it's the opposite. I don't want to judge them because there is a court case pending, but I can't really help myself and say they are pretty much guilty. I must say it's not a good look for them.

SAT commandos, Fvcking HEROS locked inside a cage
Engin Alan, another hero who spent his youth fighting terrorism, locked inside a cage like a terrorist without a conviction:

Meanwhile REAL TERRORISTS have courts dispatched for them to set them free.

In Turkey justice only works for the powerful people. If you have friends in powerful positions there's justice for you. If you don't, they find a reason to put you away.

 

[Inspector Spacetime]

I really started to think that you also agree with sitting on the same desk with terrorists? Yes there were coup officers in our history. But those arrested? Their only fault was loving and serving to their country so we could live without fear. It's the same regime who put those patriots into jail, now negotiates with terrorists, thinks of releasing terror prisoners.

I am of the opinion that every method should be exhausted to end this 30 year old conflict. I'm not gonna write it off as a bad thing, I'm gonna wait for the conclusion of this and hope for the best. I believe it is commendable what AKP is doing, they are sticking their neck out and taking a major risk in the hope they can resolve the issue. I appreciate politicians that aren't afraid to take huge risks. Also, I am not going to write these negotiations off just because of my nationalistic feelings. I much rather just wait for the conclusion, and hope for the best until then.

It's not about what you think will happen, these people have served this country and they didn't harm anyobdy. My stomach can't handle the truth that they are being treated like terrorists for "planning" to overthrow a bunch of self-serving corrupt politicians. Parliament members and Prime Minister himself has hundreds of lawsuits waiting for them but they can't be brought to court and trialed because they have immunity.

SAT commandos, Fvcking HEROS locked inside a cage
Engin Alan, another hero who spent his youth fighting terrorism, locked inside a cage like a terrorist without a conviction:

Meanwhile REAL TERRORISTS have courts dispatched for them to set them free.

In Turkey justice only works for the powerful people. If you have friends in powerful positions there's justice for you. If you don't, they find a reason to put you away.

If they don't respect the will of the people, than they are no heroes in my book (no matter their track record). They may have fought terrorists, which I find commendable, but than they turn around and scheme to overthrow the government just because they don't agree with their policies and/or ideologies. The last thing we need are military elitists, which we have witnessed plenty over the years.

Engin Alan did get convicted btw, he got sentenced for 18 years in the Balyoz case.

The military's duty is protecting the people, not trying to control the will of the people. I have huge respect for military, police, teachers, firemen, medical workers etc. because I think these jobs are commendable and respectable. These professions all are about serving others with most of them having little payoff (salary). But my respect quickly diminishes and get hugely disappointed if someone misuse's and abuse's any of these professions. Because I respect them so much, I have big expectations from people in any of these positions.

 

[LegionnairE]

If they don't respect the will of the people, than they are no heroes in my book (no matter their track record). They may have fought terrorists, which I find commendable, but than they turn around and scheme to overthrow the government just because they don't agree with their policies and/or ideologies. The last thing we need are military elitists, which we have witnessed plenty over the years.

Fvck the government, the will of the people is what brought us here today. Following morons has no idea they are violating the constitution and separation of powers by giving AKP the control of the HSYİK. They can assign the judges they want to whatever case they want.

As for the "track record" thingy, I know it means NOTHING to some certain people
http://www.haberdar.com/basbakan-erdogan-gazi-ile-tartisti-3837153-haberi
I wouldn't spit on Erdo's face.

Engin Alan did get convicted btw, he got sentenced for 18 years in the Balyoz case.

As far as I'm concerned Balyoz is a fraud. But f.ck it, it's not my place to judge What I'm angry about is for these people to stay under arrest for so long, like they will flee the country they fought for.