’Suicide rather than prosecution’

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’Suicide rather than prosecution’
Oluşturulma Tarihi: Haziran 27, 2009 00:00

ISTANBUL - Ret. Gen. Kenan Evren says he would rather commit suicide than be prosecuted for the Sept. 12, 1980 military coup and have to live with such dishonor. Evren headed the military at the time of the coup and became president for seven years after retiring from active duty

If the Constitution is changed in a referendum to allow the prosecution of the 1980 coup leaders, former head of the military Kenan Evren said he would commit suicide rather than live with such a dishonor. Speaking to daily Hürriyet’s editor in chief, Ertuğrul Özkök, and daily Milliyet’s Fikret Bila in separate telephone conversations Thursday, the 92-year-old Evren said the coup was not something the General Staff had wanted, but something it was forced to carry out.

On Sept. 12, 1980, the military, led by Chief of General Staff Gen. Kenan Evren staged a coup. In 1982, a military-dominated board prepared a Constitution, which was put to a referendum and received the backing of 92 percent of the electorate.

Evren then retired from the military and served as president of the country for seven years, until Nov. 9, 1989.

The 1982 Constitution banned the prosecution of those involved in the coup and is seen as a conservative document that limits rights and freedoms. It has been amended many times over the years, but there are calls Ğ including from the ruling Justice and Development Party, or AKP Ğ for it to be replaced in its entirety.

Earlier this week, opposition Republican People’s Party, or CHP, leader Deniz Baykal called for the annulment of Article 15 of the Constitution, which bans the prosecution of the 1980 coup leaders. He is yet to receive a clear response from the government.

In his conversation with Özkök, Evren explained why the General Staff had decided to stage a coup. "For those who want to prosecute me, I would like to remind [them] of the fact that 20, 25 people were being murdered every day," he said. "Buses from Kars couldn’t pass through Erzurum. Erzurum’s couldn’t pass through Tunceli. Neighborhoods were divided. The police couldn’t enter many areas. Did we just stage the coup without a reason?"

Evren also pointed out that military regulations specify that subordinates need to disobey orders that are illegal. "If an order is illegal, not only the person who made the order, but also all those who obeyed are responsible for the consequences," he said. "The Sept. 12, 1980, coup was staged by all of the officers of the military, none of whom objected to what was done. Why don’t you try to prosecute all of them?"



Public endorsement

He added that the 1982 Constitution was overwhelmingly endorsed by the public and called for a referendum on any changes to Article 15. "Do you want to try me? Go and ask the people. Hold a referendum. Ask them if they want Evren Pasha to be tried," Evren said. "I promise in front of my nation that I will not let this matter be dealt with in the courts. I will commit suicide." He told Özkök that he could not live with such a stain.

Evren told Bila that the military did not want to stage a coup, but that its hands were tied by the developments. "We sent a warning to the government," he said. "We waited for eight months. Nothing changed. No measures were taken. There was nothing else left to do." The current chief of general staff, Gen. İlker Başbuğ, said on Friday that he would not respond to any questions about what Evren said.

Constitutional changes that receive more than 367 votes in Parliament are approved, while those that receive between 330 and 366 votes must be put to a referendum. Any proposal for a constitutional amendment, such as the one suggested by Baykal, necessitates an application to Parliament with the endorsement of at least 150 deputies. This means the CHP would need support from other opposition parties or the AKP. According to Gazeteport news portal, the penal code stipulates that being found guilty of preventing Parliament from doing its duty and abolishing the Constitution is a crime punishable by life imprisonment. The statute of limitations on such crimes is 30 years, which means any attempt to prosecute the 1980 coup leaders would need to be done within 15 months. Of the five top generals involved in the coup, two retired generals, both 84, and Evren are still alive. With Prime Minister Recep Tayyip Erdoğan describing Baykal’s proposal as a "joke," it seems unlikely there will be any support from the AKP. Gazeteport said President Abdullah Gül, a member of the AKP before being elected to his post, hosted Evren at the Çankaya Presidential Palace in April, even though he was one of the victims of the coup. He was detained on the day of the coup and placed in prison, then released a month later.
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