Former Prosecutor: "My Indictment of Coup General is Prepared"

Former Adana Public Prosecutor Sacit Kayasu lost his job after preparing an indictment against those responsible for the military coup of 12 September 1980, including coup leader retired General Kenan Evren.

He has now described the words of Deniz Baykal, leader of the main opposition Republican People's Party (CHP) as an "encouraging development."

Baykal recently suggested the trial of the coup leaders.

Kayasu commented, "This is an encouraging development...the People's Party did not support a trial of the coup leaders up to now. They may now at least tolerate their trial."

Generally pessimistic

The former prosecutor told bianet that the indictment he wrote nine years ago was still valid and that courts could act on it. However, he was generally pessimistic on the possibility of this happening, saying that neither the government nor the opposition seemed intent on a trial.

The indictment he wrote on 28 March 2000 was treated as a criminal complaint rather than a prosecutor's indictment and was thus not followed up. In addition, he was debarred from his profession by the Supreme Board of Judges and Prosecutors (HSYK) for preparing the document.

Loss of profession despite ECHR decree

Kayasu applied to the European Court of Human Rights (ECHR), which awarded him 41,000 Euros compensation on 13 November 2008, arguing that Turkey had restricted his right to freedom of expression illegally.

Despite the ECHR's statement that his loss of his profession had been unfair, Kayasu has not received any replies to his application of carrying out the job of prosecutor again.

Statute of limitations approaching

Kayasu emphasised that it was the duty of public prosecutors to prepare indictments: "What needs to be done is to take the indictment I wrote nine years ago and process it. On 12 September 2010, the statute of limitations is reached."

Baykal had addressed Prime Minister Erdoğan in parliament, saying, "If the political government finds it necessary, useful and right to settle accounts with 12 September in Turkey, is anyone stopping it? It can do what is necessary."

In relation to Article 15 of the Constitution, which holds the coup leaders immune from prosecution, Baykal said, "If you need to change [the article], bring it here and we'll change it." (EÖ/AG)