What Turkey’s political-military trials reveal about the country’s democracy

To understand what is happening in Turkey’s murky world of judicial politics these days, it helps to imagine you are watching the closing scenes of a Hollywood courtroom drama.

The movie’s protagonist stands accused of attempted murder. The prosecutor has produced a set of elaborate plans that the defendant allegedly drew up to poison an opponent. The plan was aborted, the prosecutor says, when a friend of the defendant got wind of the plot and alerted the intended target.

The defendant proclaims his innocence and denies vehemently that he had made such plans. He says the materials on which the prosecutor rests his case are forgeries. He submits to the court several reports from technical experts that conclude the documents were prepared on computers whose system clocks and usernames had been altered to frame him.

He also produces evidence that his hand-writing was forged. He shows that prosecutors concealed from the court exculpating evidence recovered during their investigation. He points out that the friend who supposedly uncovered the plot was never questioned by prosecutors or in court, and has in fact denied knowledge of the alleged plot in his public comments.

The prosecutor offers no counter-evidence but sticks to his guns. The judge disregards the forensic reports produced by the defendant. He rejects the defendant’s request that the friend be heard in court. A trial that should have long ended in acquittal – followed by the filing of charges of prosecutorial misconduct – instead moves towards an almost certain conviction. The defendant’s lawyers walk out of the courtroom in disgust, which prompts the judge to file charges against them in turn.

It could be a movie, but it is not. It is the reality of the Sledgehammer trial in which more than 360 officers are accused of having plotted to overthrow the government back in 2003.

Never mind that there is no evidence for the coup plot beyond unsigned Word, Excel and PowerPoint documents full of inconsistencies. Never mind that these documents have never been authenticated or traced to real military computers. Never mind that the names on the digital documents would never stand in a proper court of law as evidence, as they could have been easily manipulated by anyone with a modicum of computer knowledge. Never mind that the documents contain hundred of anachronisms that leave no doubt they were not produced on the alleged dates by their alleged authors. Never mind the numerous forensic reports – including two from American experts – that expose the digital evidence and “hand-writing” as forgeries. Never mind the public comments of the military higher-ups that contradict prosecutors’ claims.

The Sledgehammer case’s absurdities are just the tip of the iceberg. Since 2007, Turkish prosecutors have launched a series of mass trials against alleged members of a terrorist organization, Ergenekon. The defendants – military officers, journalists, politicians, academics, lawyers -- are accused of plotting to destabilize the country and preparing a coup. Scores of defendants have been jailed for three years or more, yet the existence of Ergenekon has never been established. The prosecutors’ evidence ranges from the circumstantial to the fabricated, as in Sledgehammer.

Even worse, it is evident that it is the police who have been planting evidence and framing the defendants in at least some of these cases. One defendant was able to prove that police had downloaded contacts from a terrorism suspect onto his mobile phone to establish a link between the two. In a couple of instances, key incriminating documents turned out to have been in the possession of the police prior to the raids in which they were allegedly recovered from defendants’ premises. In one episode reminiscent of Keystone Kops, police searched the wrong house and still located evidence against the intended target.

What keeps the travesty going is the support it gets from the country’s two dominant political forces. On one side is the government of Recep Tayyip Erdogan, which through its control of judicial appointments ensures the Sledgehammer trial moves to its inevitable conclusion. Erdogan has adroitly exploited the case for maximum political advantage, using it to sideline and reshape the army.

On the other side is the Gulen movement, whose sympathizers in the police and judiciary bear primary responsibility for staging the Sledgehammer and Ergenekon trials. Gulenists have a history of peddling forged documents to frame military officers and other perceived opponents (1 and 2). The powerful Gulenist media have been the leading champion of the cases, publishing non-stop one-sided, often downright false accounts about the defendants and the evidence.

Then there are the country’s liberal intellectuals, who have embarrassed themselves by buying into the Erdogan-Gulenist line uncritically and failing to stand up for due process. It was a supposedly liberal paper, Taraf, that first published the bogus Sledgehammer documents without corroboration. (Taraf’s editor, Yasemin Congar, would later justify her decision by saying the plans were too detailed not to be real!) Adding insult to injury, the paper repeatedly, and falsely, reported that the documents carried the officers’ signatures.

Leading liberals such as Ahmet Altan, Etyen Mahcupyan, Hasan Cemal, and Alper Gormus have defended the authenticity of the coup plans, in total disregard of the facts of the case. Others who have become convinced of the forgery have preferred to maintain their silence in public. A common attitude is that the military must have been planning something, given its history of coups, even if the Sledgehammer plot is fabricated. Effectively, defenders of the trial have been saying: “Yes, the murder weapon may have been planted on the defendant, but no matter, he is not a nice guy anyhow.”

Predictably, cases against these prosecutions have been piling up at the European Court of Human Rights (ECHR). The ECHR, however, has limited room to issue judgment until all domestic legal avenues have been exhausted. In the meantime, the prosecutions’ fabrications are spilling over to the Turkish government’s filings before the Court. In one case, the Turkish government submitted a forged document attesting that a detainee did not need medical attention. In another, it reported falsely that explosives were found on the premises of a journalist.

The cost of all this to the future of Turkey’s democracy is incalculable. Erdogan and his supporters contend that he has restored the rule of law by vanquishing the military and civilianizing the political system. Every new political order needs a founding narrative, and that is Erdogan’s. Rarely, however, has the narrative been erected on such a patent forgery as Sledgehammer. As the case unravels, sooner or later, Erdogan and his successors will have to grapple with the unhappy consequences.

UPDATE (April 25, 2012): Today's New York Times has a long, and overdue, account of what the Gulen movement is up to in Turkey.

Comments

[Account Deleted]

On the whole I think you are correct in what you state particularly with regard to the 'Sledgehammer' case and anything beyond the original Ergenekon case but to be honest I have always wondered about your motives. I understand that your FIL is a defendant and this must put you in an unimaginable position but why just focus on these cases and not on the system itself. It is the 'judicial' system that seems to be the problem. There seems to be no concept of justice in Turkey and as long as I've been here (since 1995) there never has been. Instead the courts are used to silence those that the powers that be (whoever they may be at any particular time) disagree with. And rather ironically it is the military (and by extension many of those military officers on trial today) that created these 'institutions' that allow for their detention. Essentially they are being hoist by their own petard. As such, I truly wonder about your position on the 28 Şubat process where it is likely that your FIL will again be a defendant and in this instance may actually have a case to answer. I would have thought that your energies, had they been spent on tackling the system, would have reaped greater reward because even if your FIL is cleared all the problems still exist.

[Dani Rodrik]

How do you fight the system if not by documenting the abuses taking place in it? When I began to write this stuff, most in Turkey and abroad were under the illusion that the judiciary had finally taken a new path and was going after the deep state -- many still think that. I wouldn't be writing if these issues were widely recognized in Turkey and abroad. And for the record, I abhor military coups of all kind.

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hey danny, is your daddy, the father of your fil, not a former top general who is in jail because he tried to stage a coup (the fifth in 30 years) against a democratic elected goverment? Is your democratic daddy as integer as the putschist in guinea bissau or mali? Are you angry, because your daddy is guilty? Do you think that writing biased articles about the "bad world" will free you from the sins of your daddy? DO YOU WANT TO TAKE REVENGE FOR YOUR DADDY, mr. Cetin Dogan, general a.d. and soon stripped of his titles and honors for high treason? Did your daddy really worked with ISRAEL? ARE YOU THE CONNECTION TO ISRAEL? SPEAK OUT LOUD, I cannot hear you, danny...

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[Account Deleted]

Hello Dani,

Thanks for working so hard to expose the shocking truth about the Sledgehammer sham trial. My father in law was also framed in this case and it is so frustrating that he might be convicted of a crime he did not commit based on forged documents. Your work is making a difference and giving us hope.

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[Hakan Inanoglu]

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Thanks for explaining what really is happening with Turkish Judicial system these days. But this is another symptom of the bigger issue in the region which is created by American politics. As a registered democrat I do not support Barack Obama this November only because his support to this tragic comedy in Turkey. The great idea of creating “easy going Islamic society” in the region and making Turkey the role model for this formation is a BAD idea. It will not work. In long run it will threaten the security of the region more. The recent developments in Middle East show that the “easy going Muslim group” can easily turn against to us. I am so dissapointed that Barack Obama is so quite about the journalist and innocent people jailed in Turkey.

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[Taylan2014]

Dear Mr Dani Rodrik,
It is appreciable that you love your wife and her father. This is also very understandable that as an academician you point the awkwardness of the so said Hammer trial. But, the real democrats and real academicians will never understand:
1 - How can you be so sure that the awkwardness (which is basically due to the fact that the CD's are modified and the scripts are forged) must be created by the prosecutors? Isn't there a 50% chance that this can be as well put in place by the defendants themselves to create blur and disorientation? (as rightly pointed by Mr Etyen Mahcupyam)
2 - Even without these awkward modifications and forgings, there is very strong evidence for a coup organisation such as voice tapes, other generals and some journalists tapes. Why you never elaborate on these?
3 - Again, there are lots of documents found within the army barracks. You can believe that this is again a conspiracy. So why you never question your beliefs and ask yourself why any of these attackers, big and powerful enough to dig tons of documents under the ground of the military barracks, can't find by the army? Why you don't ask why the army does even not investigate these digging action anymore?
4 - How can you be so sure that an army authority who had been retarding Turkish Democracy for 80 years, would miraculously stop this approach at 2003? How? So you believe that this notorious tendency of 80 years has just disappeared with the arrival of good hearted general Cetin Dogan?
5 - How are you going to comment on the obvious non-democratic behaviors of Cetin Dogan during the 28 February process?
6 - Isn't this position of yourself so much opinionated and one-sided for a respectable academician?
7 - I have been rejected from Harvard Business School. If I got there, would you be my Professor? Than we would not be in peace in the class, you and I :)
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