It is a universal legal principle, also known as the “presumption of innocence.” According to Article 6/2 of the European Convention on Human Rights, “Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law.”
However, in Turkey under the Erdoğan regime, the opposite situation exists: “Everyone accused by the regime is guilty, and proving your innocence does not show that you are innocent!”
Even if you are acquitted in regime courts, where judges and prosecutors are directly under Palace control, your rights are not restored. This does not change even if you bring a decision from the European Court of Human Rights (ECHR) or the United Nations (UN). Remember the example of judges and prosecutors who were reinstated recently.
The night of July 15th, even before it was clear what was happening, approximately five thousand judges and prosecutors were suspended and dismissed. This alone suffices as proof that the coup allegation is a regime fabrication, with the Council of State canceling the “dismissal procedure” of 387 judges and prosecutors causing uproar.
Devlet Bahçeli attacked the Council of State. Pool media and fake opposition raised an alarm, saying, “Is the past returning!” However, the ‘dismissal decision’ (reinstatement) for nearly 400 judiciary members was gradually canceled over 8 years. Those who appear on screens or write columns did not even look at this simple detail.
Of course, they never looked into the files. If they had, they would see that nearly five thousand judges and prosecutors were arbitrarily dismissed. Yet, there is a very fundamental, very simple question here.
Whenever the issue of these people’s grievances comes up, they all sing in unison, “Come get cleared in court!” What about the thousands of people affected by statutory decrees who have been victims for years, left to social death?
They went to court…
After a long and arduous process, they were acquitted. Now, to those who caused a commotion about “come get cleared,” we ask: “You said come get cleared, here are the acquittal decisions, clear as day. Do you not like the court, or do you choose which decisions to accept?”
We already know the answer. Like the July 15th, we know that these trials are nothing but a theater. But the process does not end here. A teacher affected by a statutory decree, Yüksel Yalçınkaya, took his case to the ECHR after a long and difficult process. He fought patiently and obtained one of the most important decisions in the history of the ECHR.
Effectively, the ECHR, one of the most respected high courts in Europe and the world, stated; “Hey Erdoğan regime, you cannot arbitrarily invent terrorist organizations. There is no crime without law. You have arrested hundreds of thousands of people, but there is no crime!”
Yet, those who do not even care about their own courts, ignored the ECHR decisions as well. Some said, “It only binds Yalçınkaya!” while some pro-government sycophants said, “Isn’t it with money, we pay the compensation and do not implement the decision!”
However, there is a very clear situation that is beyond dispute. The ECHR made its point. Whether you like it or not, you are constitutionally obliged to implement this decision. Our ‘naysayer’ choir did not like the ECHR decision either. No, if there was a higher authority to go to, those affected by statutory decrees would go there and bring back an acquittal decision, but there isn’t!
In other words, there is no other legal avenue left.
Let’s also look at the administrative decisions aspect. For example, I explained in detail here. The Erdoğan regime harasses people it has dismissed with statutory decrees and doomed to nonexistence even abroad. After working for many years in civil service and being dismissed by a statutory decree, then moving to the USA, an individual was accused of terrorism. The Turkish Ministry of Justice formally requested the US to take his statement. The terrorist accusation was based on depositing money in Bank Asya and membership in a union.
The US authorities first said, “What do you mean?” and asked for an explanation from Turkey. “You cannot send bank slips or union dues for a terrorism charge!” they said. When Turkey failed to send documents or information regarding an action considered a crime by its laws, the US Department of Justice formally told Turkey, “You cannot open a terrorism investigation against anyone with such accusations. We are not even processing the file.”
Actually, it’s a situation to be ashamed of.
The basis of their judicial assistance request to the US was legally depositing money into a bank and being a member of a legal union! I always say; no one can degrade Turkey’s international reputation as much as the AKP!
The government and its allies remained silent about the decision of the US Department of Justice as if they had not received such a letter. However, closing your eyes to the sun does not turn it into night!
This time, a hammer-like decision came from the United Nations. For the first time, it concerned an active-duty soldier and allegations of coup plotting. The decision contains many firsts. Due to heavy censorship by the government media, many people in Turkey were unaware of the event.
Therefore, it is useful to summarize the decision; The UN Working Group on Arbitrary Detention found that the rights to freedom and a fair trial of Lieutenant Pilot Cihangir Çenteli, who was sentenced to life imprisonment for attempting to overthrow the constitutional order, were arbitrarily violated.
The decision ordered the immediate release of Lieutenant Çenteli and redress for the grievances he suffered. The decision contains other very important details. The ongoing genocide process in Turkey has been further confirmed by an internationally competent body.
Legal experts made significant analyses regarding the legal aspects of the decision. I want to draw your attention to another point. The regime and its allies ignored a similar decision made in the past regarding the Balyoz (Sledgehammer) case. The defendants of that era applied to the UN, claiming they were not fairly tried.
The relevant commission issued a decision on the violation of the right to a fair trial.
Those who carried this decision to the headlines back then, rushing to the Constitutional Court with the UN decision, are now silent. The lawyers of the Balyoz defendants used the UN’s violation decision as grounds to apply to the Constitutional Court. At that time, the Bar Association, led by Metin Feyzioğlu, prepared a report discussing the importance of the UN report.
Feyzioğlu later joined the ranks of the Palace, and today’s Bar Association is silent. The Constitutional Court, in its decision that led to the release of the Balyoz defendants, highlighted the same reasons as the UN. However, neither the lawyers of the Balyoz case nor the so-called opposition media that carried the UN decision to the headlines are making a sound now.
It’s possible to extend and detail the examples. But without going into further detail, let’s get to the point; we must ask the Erdoğan regime and those who appear to be opposition but support the Palace: local courts, higher courts, the European Court of Human Rights, and the United Nations… The people you accused of terrorism have been acquitted at all these stages. Yet, you still say “No!” What exactly will satisfy you? What decision from which authority will you accept as proof of the innocence of these people who have been unlawfully dismissed from their jobs without any concrete reason?
