Lack of Jurisdiction for Prosecution of Putchists
Hamza Keleş, Special Authority Public Deputy Chief Prosecutor, decided for a lack of jurisdiction regarding the prosecution of the group of military personnel, then members of the National Security Council, who are held responsible for the military coup on 12 September 1980. In the course of the referring legal amendment made after the referendum on the constitutional reform package in September this year, several non-governmental organizations had filed an according complaint, among them the Human Rights Association (İHD) and the Association of Human Rights and Solidarity for Oppressed Peoples (MAZLUMDER).
Keleş reasoned the decision by mentinoning that the State Security Courts (DGM) wich are in charge of handling violations of the constitution, are authorized to try crimes committed after 1984. The special authority prosecutions established after the closure of the DGMs cannot investigate incidents from before 1984, Keleş said.
Confusion of authorities
As reported by Vatan newspaper, there are three options for the defendants who were allegedly involved in the plotting of the 1980 coup. The file will either be investigated by the Ankara Chief prosecution, by the Supreme Court of Appeals Chief Prosecution or the Turkish Grand National Assembly (TBMM) Parliamentary Commission will be engaged.
According to the news, the complainants have the right to appeal to the decision for lack of jurisdiction. The appeal can be adjudicated by an Istanbul special authority high criminal court.
Possible outcomes
If nobody files an appeal or the appeal is being rejected, the decision will be given by İbrahim Ethem Kruiş who was appointed to the Ankara Chief Prosecution by the Judges and Prosecutors Supreme Council (HSYK) last week.
With the latest constitutional amendments, Chief Prosecutor Kuriş may proceed according to the provisions related to the prosecution of the Heads of the General Staff and the Forces Commanders before the Supreme Court.
There are again three options of the Ankara Chief Prosecution: The Chief Prosecution can either carry out the investigation itself or appoint the Supreme Court of Appeals Chief Prosecution or the TBMM that is in charge of preparing the files of the Supreme Court.
Precedents
According to the laws on the DGMs, special authority courts cannot try crimes committed before 1 May 1984. Hence, the main trials against the Revolutionary Path organization (Dev-Yol) and the terrorist organization Dev-Sol for instance were not heard at a special authority high criminal court but before the Ankara 6th High Criminal Court.
Constitutional amendments
After the constitutional amendments as an outcome of the referendum on 12 September 2010, numerous complaints were filed against the putchists who allegedly plotted the constitutional coup. The amendments included the abrogation of the temporary article 15 that protected the putchists from prosecution. (BB/VK)
Source: Milliyet, Radikal, Vatan and Star newspapers.