Ergenekon in the eyes of the outside world

In fact, a series of developments, observed quite some time before the issue reached the U.S. Department of State on the heels of the onset of the 12th wave, had made it quite evident that the Ergenekon investigation was indeed being closely monitored in the international arena, as well. We could suggest that a two-prong opinion that a) supports the investigation, and yet b) criticizes procedural as well as legal errors that have settled in the perception of this matter.
  �
The following examples may be brought forward in support of this particular observation:

1 – From the U.S. Department of State press briefing

Let us, if you will, turn our spotlight to this two weks ago, to the U.S. Department of State briefing room.

A question on this matter is worded in a rather harsh and problematic manner by an American reporter. The reporter, while claiming, “The radical Islamic government of Turkey is now arresting several opposition figures,” places the responsibility squarely with the government, rather than the prosecutor. He asks, “In the past, we were – monitored these kind of events, especially with our diplomats enter this kind of hearing and monitoring the situation. What are you planning to do on the situation in Turkey?”

Spokesperson Robert Wood, starts by saying, “Well, I haven't seen the reports,” and goes on, “And look, we've expressed our concern about any infringement on the rights of individuals wherever those infringements take place. I don't have much more than that for you. So let me look into them and see what I can find out.”

The issue is brought up once again during the briefing next day. This time, another reporter directs a similar question to receive the answer, “I don't really have anything more to say. We've seen the reports, and we're certainly confident that Turkey will handle this particular case, or these cases, in a manner that is in line with Turkey's, you know, laws and constitution,” from spokesperson Wood.

It can be said that the spokesperson chose to sidestep the questions with politically correct answers and yet has voiced a carefully worded expectation so as to not cause too much of a concern among Turkish authorities regarding the avoidance of civil rights violations, as well as respecting the law, while he did the sidestepping. Nevertheless, even the fact that this very issue is now in circulation in the U.S. Department of Sate briefings is a direction that warrants attention in its own right.

2 – Ergenekon in the U.S. Human Rights Report

Perusing the section on Turkey in the annual U.S. Department of State Human Rights Report may prove more fitting in order to comprehend Washington’s take on Ergenekon. Ergenekon was evaluated with the following statements in a report made public in February:
  �
“On July 14, prosecutors in Istanbul indicted 90 persons, including prominent military, business, and press corps personalities, on charges of plotting to foment unrest and topple the elected government as members of an organization labeled the ‘Ergenekon Network.’ The indictment included allegations that the group plotted assassinations of public figures, including religious leaders, as well as planned beatings and bombings of prominent individuals. When the trial opened on October 20, there were 86 persons named in the indictment. Several individuals were held without charge for approximately a month prior to the July 14 indictment.
  �
“Lengthy pretrial detention was a problem. The law provides detainees the right to request speedy arraignment and trial; however, judges have ordered that some suspects be detained indefinitely, at times for years, without trial.”
  �
It can be emphasized that the U.S. Department of State suffices to report on the Ergenekon case in a manner that is as objective as possible, and yet takes on a criticizing tone, especially about the fact that detention periods were in fact kept rather lengthy.

3 – Praise and criticism from HRW

Speaking of the US, the take of Human Rights Watch, or HRW, a prestigious human rights organization within nongovernmental circles weighing in on forming a public opinion in this country, on Ergenekon could be brought up in brief. HRW had published a lengthy letter to President Barack Obama, highlighting issues in human rights violations and freedom of speech in Turkey, and had requested the president to bring up these matters to Prime Minister Erdoğan’s attention during his Ankara visit.

The HRW letter to President Obama contained the following:

Emphasize the importance of an effective and fair investigation and trial of the Ergenekon gang. (Request from the president)
  �
“The trial of the Ergenekon gang  provides Turkey with an unprecedented chance to come to grips with a dark history of lawless activities and serious human rights abuses committed by elements of the top military, state bureaucracy, and intelligence services, at times working together with organized crime. The government has been criticized for the Ergenekon investigation, which a significant constituency in Turkey regards as politicized and as being conducted in violation of defendants' rights. It is essential that every stage of the investigation and trial is conducted with scrupulous fairness and utmost respect for procedural safeguards. Not only is this necessary to address concerns about the investigation itself, but to ensure a thorough and credible probe of the compelling evidence of covert operations, coup attempts against the AKP government, and the possible involvement of former senior state and military officials in gross violations of human rights.”  �
  �
It’s quite evident that HRW too takes Ergenekon seriously, deems the investigation an “unprecedented chance,” and yet, goes on to voice concerns regarding respect for procedural safeguards and scrupulous fairness in the course of the investigation, and takes one more step to claim that failures in such areas have the potential to mar the whole of the investigation itself.

4 – So, what does the EP have to say?

Let us move on to Europe from America. We could say that a similar two-prong opinion indeed reflects on the resolution regarding Turkey, adopted by the European Parliament on March 14. Here is what the European Parliament, or EP, has to say: �
  �
·        The European Parliament welcomes the beginning of the trial against those accused of being members of the Ergenekon criminal organization,
·        Encourages the authorities to continue investigations and to fully uncover the organization’s networks that reach into the state structures,
·        Is concerned about reports regarding the treatment of defendants in this case,
·        Urges Turkish authorities to provide them with a fair trial and to adhere strictly to the principles of the rule of law...�

    In short, the European Parliament says, “Pursue Ergenekon all the way to the end, but do not violate the rule of the law in doing so, and do respect the rights of the defendants.”
  �
5 – And, what requirement did  Rehn draw attention to?

According to a story reported by the Anatolian news agency on Feb. 24, EU Enlargement Commissioner Olli Rehn was quoted in response to an Ergenekon-related question by Herald Ettl, an Austrian Socialist member of the European Parliament,

“…The Commission is aware of the ongoing investigation on the Ergenekon case. Concerns have been raised in some cases regarding the insufficient safeguarding of the rights of defense and the excessive duration of detention period without indictment…. The Commission will continue to follow with due attention this case, and to stress with the Turkish authorities that the case must be conducted in full respect of all applicable judicial procedures and the rule of law.”
  �
We find out that the European Commission underlines a need for the Turkish Authorities from especially Olli Rehn’s last sentence. This need is respecting all procedural safeguards the defendants are entitled to, and the rule of law, fully. It becomes evident that the European Union feels a need to stress this issue.

The gist of the matter

It can be readily observed that two themes running side by side emerge when the U..S Department of State Human Rights Report, the letter published by the Human Rights Watch in the U.S. for President Obama, the European Parliament resolution, statements made by the Commissioner in charge of European Commission Responsible for Enlargement are all juxtaposed:
  �
a) The Ergenekon investigation should be pursued all the way, but the case should not be politicized, should be carried out in a manner that is respectful of the rule of law, the rights of the defendants should not be violated, and procedural errors should be avoided.�
  �
b) There is no need to stress how significant the procedural errors are in terms of the case itself. It should always be remembered that these cases will be appealed at the Supreme Court of Appeals, and then all the way to the European Court of Human Rights, following the sentencing phase in court. The final verdict will probably be handed down by the European Court of Human Rights.�
  �
It would help if the AKP government, as well as the prosecutors running the investigation, the police officers working in the organized crime desk, doing all the legwork for the prosecutors, familiarized themselves intimately with the point of view emerging in the outside world on Ergenekon… �

(Sedat Ergin is the editor-in-chief of daily Milliyet. A version of this commentary appeared in Monday's Daily News with large parts omitted through an editing error. It appears today in its entirely.)