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The Unchanging Face of Political Trials in Turkey


To understand the Kobani Case and the current trials, it’s helpful to look back to the early years of the Republic. Historically, every revolution/revolutionary movement has taken harsh measures to suppress its opponents.

For example, during the French Revolution, individuals associated with the ‘old regime’ were summarily tried, accused without the opportunity to defend themselves, and executed by guillotine. Similar situations occurred in Germany and Russia, and continue in various forms in different countries today. We experienced this during the early years of the Republic. Thus, we are somewhat familiar with today’s judicial disasters.

Let me summarize briefly…

Inspired by the French Revolutionary Tribunals, the government in Ankara established ‘Independence Tribunals’ in various cities. Due to the extraordinary circumstances of the War of Independence, these courts, which bore the name ‘Independence,’ soon turned into courts where anyone opposed to Mustafa Kemal and the Ankara Government was branded a ‘terrorist’ and tried.

These places, termed ‘Execution Committees’ by UÄŸur Mumcu, were only courts in name. The judges, appointed by the parliament and not legally trained, effectively operated as an execution machine.

No one should be given the authority to hang people! These judges, acting under the directives of the Ankara Government, had no political or legal responsibilities. They made decisions based on opinion rather than legal evidence, and their rulings were not subject to appeal.

Moreover, there might have been no connection whatsoever between the matters being tried and the accused. The defendants were not allowed to have lawyers, and their right to a defense was limited. Decisions were made either implicitly or explicitly following instructions from ‘above’.

I will continue discussing the similarities with today’s courts, but it’s worth mentioning an anecdote here. The reason is apparent without explanation. One of the deputies of the period, Hami Bey from Sinop, objected, saying, “These are not chickens, gentlemen! No one should be given the authority to hang people; human life is valuable!”

Hüseyin Avni Bey from Erzurum stated, “Even God did not grant the authority given to these courts to His prophet,” and demanded that the courts be shut down immediately.

I’ll leave the infamous injustices of the Independence Tribunals to the experts and come to the ‘middle of the book’.

Thank God there’s no death penalty! Apart from the death penalty, there’s not much difference between the Independence Tribunals and today’s courts. Thank God there’s no death penalty! Otherwise, tens of thousands of people would be hanged in town squares. Opponents demonized by ErdoÄŸan’s pro-regime media would be executed in scenes familiar from medieval-themed movies.

By the way, let me remind you; the Independence Tribunals tried 83,000 people over 7 years and sentenced 4,500 to death. However, the exact number is unknown because these figures do not include the sentences given by military martial courts.

Moreover, the Ankara government established mobile courts to ‘expedite proceedings’, traveling from city to city to conduct trials. So much so that the judges of that era set a record enviable by today’s regime judges, handling the cases of 259 people per day.

It’s perhaps fate’s irony that the same political Islamists in Turkey who did not wear hats and thus were executed by the Independence Tribunals for years are now setting up courts with the same logic, using İskilipli Atıf Hoca as their flag.

Let’s get back to our topic; I’ve made countless writings and videos about the July 15 trials. For example, I discussed the tragic events at the Gendarmerie General Command and the absurdities in the trials in this video.

The legal murders committed by judges, composed of lawyers gathered from the AKP and MHP organizations under the ErdoÄŸan regime, are no different from those of the Independence Tribunals. Not just the Gendarmerie, but all the July 15 trials fall into the same category. Like the Independence Tribunals, they operate directly as ‘execution committees’.

Not judges, but ‘regime’s commissioners’! Basic legal principles are ignored. There’s no need for a connection between the accusation and the defendant. In the so-called trials based on profiling by the ErdoÄŸan-Ergenekon alliance, 3,000 people were sentenced to aggravated life imprisonment. If the death penalty had not been abolished, these 3,000 would have been executed long ago.

Not just the July 15 trials, but also the courts focusing on the Kurds, starting with the Kobani Case, are the same. There are not legally trained judges at the podiums, but ‘commissioners’ appointed by the regime. Decisions also come with instructions from the Palace.

Therefore, there’s no need to analyze at length the sentences given to HDP politicians like Selahattin DemirtaÅŸ and Figen YüksekdaÄŸ, or to look at the legal reasons.

The Kobani Case, like other trials, is a political trial, and Selahattin DemirtaÅŸ is a political hostage in the hands of the ErdoÄŸan regime. With the 42-year prison sentence given yesterday, ErdoÄŸan has – for now – removed his greatest political rival from the political scene.

In essence, the ErdoÄŸan and Ergenekon alliance built a new regime in Turkey with the July 15 conspiracy. The foundations of that regime rise on the July 15 plot. Today’s courts are, in a sense, in the ‘Independence Tribunal’ status. Their establishment purpose and actions are – except for the death penalty – exactly the same.

Therefore, there’s no need to sit down and analyze the courts, indictments, and decisions from a legal perspective. Just as the Independence Tribunals were lawless, so is today’s judiciary, and its decisions should be considered invalid along with it.

The real question that should be asked is this; even during the years of the War of Independence, there were deputies who opposed unlawful practices and the death penalty, saying, “These are not chickens, gentlemen!” or “Even God did not give such authority to His prophet!” Why can’t today’s politicians show a similar objection?

Moreover; how will you find a solution without correctly defining the process and problem we are going through?

Or do you not intend to find a solution at all?

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Adem Yavuz Arslan
Adem Yavuz Arslan
Adem Yavuz Aslan is a leading Turkish investigative journalist in exile based in Washington, D.C.
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