Lawyer Kayasu: No Prescription for Prosecution of Putschists

Former Adana Prosecutor Sacit Kayasu appreciated the suggested amendment of the Constitution related to the abrogation of provisional article 15. Kayasu had been deposed from office because he requested the prosecution of the people responsible for the military coup on 12 September 1980. Later on, he won his case at the European Court of Human Rights.

Article 15 prevents the prosecution of the putschists. The government's package of amendments for the constitution includes the lifting of the article.

Kayasuyu commented, "In any case, this amendment will be of great benefit for Turkey. Millions of people were exposed to injustice in the meantime. The people who were exposed to torture, who were made redundant, expelled from university, people who became subject to a file at the police office... The prosecution of the putschists and the ones who applied their orders is necessary; it should be taken as a warning".

"Statute of limitation does not apply"

Kayasu explained why the statute of limitations does not apply to the people to be prosecuted related to the coup:

"This is a basic approach of law. In case of immunity, the statute of limitation does not apply to the duration of immunity. The discussion about the statute of limitation is pointless".

Not only the generals would face prosecution

After the coup in 1980, the Turkish Armed Forces ruled the country for three years through the National Security Council. Democracy was restored in 1983by the establishment of a new government. Based on provisional article 15, the National Security Council, the Advisory Council and institutions and people connected with the provisional governments established by the putschists between 1980 and 1983 are exempt from the judiciary.

Kayasu pointed out that in the course of the abrogation of the article, not only the generals, but everybody who was on duty from 1980-83 could be prosecuted.

Three coup leaders still alive

Out of a total of five members of the National Security Council, three people are still alive. Then Land Forces Commander Nurettin Ersin, who became Chief of General Staff after Kenan Evren had become president, and Gendarmerie General Command of the time Sedat Celasun died.

Still alive are coup leader retired Chief of Staff Kenan Evren, retired Air Forces Command Tahsin Şahinkaya and retired Naval Forces Command Nejat Tümer.

Kayasu emphasized that the amendment should be enforces as soon as possible: "I hope it will be effected. Otherwise, there is no benefit to lift the article after everybody will have passed away". (TK/VK)