Wednesday, 05 April 2017 00:00

The Power That Will Blot Out Coup: Nation and Stability

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Retired Brigadier General Adnan Tanrıverdi made statements to Yeni Şafak Reporter Fatih Özer Retired Brigadier General Adnan Tanrıverdi made statements to Yeni Şafak Reporter Fatih Özer http://www.yenisafak.com/gundem/darbeyi-tarihe-karistiracak-guc-millet-ve-istikrar-2637531

We talked with Retired Brigadier General Adnan Tanrıverdi, Chief Advisor to the President, about whether the new presidential system can bring a permanent solution to the coups or not. Tanriverdi said, “The solution is stability.”

In the 13th article of the new 18-article constitutional package include “Military courts cannot be established other than disciplinary courts. However, in case of war, military courts may be established to hear cases of crimes committed by military personnel in connection with their duties.” Retired Brigadier General Adnan Tanrıverdi, Chief Advisor to the President, told Yeni Şafak about the change that will end the new regulation and tutelage system to be made in military courts.

The new 18-article amendment to the Constitution includes the phrase “Military courts cannot be established other than disciplinary courts”. What does this mean?

With the newly prepared Constitution package, a comprehensive change is being made in the country's administration. At the beginning of these are the regulations made in military courts. In this context, the Military Court of Cassation and the Military High Administrative Court (AYİM), which represent the military courts and the military high judiciary, are removed. The duties of the Military Courts, Military Court of Cassation and the relevant departments of the AYİM will be fulfilled through the Civil, Judicial and Administrative Courts and the specialized courts to be established within the Court of Cassation.

In other words, civil and criminal courts in the establishment of Civil Judicial Courts instead of Military Judicial Courts, and Civil Administrative Courts instead of Military Administrative Courts within the Supreme Court, and specialized courts to deal with the judicial and administrative cases of military persons within the Council of State will be established.

In the current situation, the independence and impartiality of the judges are damaged, since the commanders of the courts also have an effect on the promotion, tenure and appointment of military judges. With the new article, this drawback will be eliminated. The military judgeship class will be abolished, and the existing ones will be placed in the civilian judiciary. There will be no military courts established within the Commands.

How will the selection of members to the supreme military administrative court change?

If the constitutional referendum results in a yes, there will be no court called the Supreme Military Administrative Court. There will be no Military Courts and Military Court of Cassation where Military Judges serve. The duties of these courts will be carried out by the civil courts. Its judges will be civilian judges under the Ministry of Justice, and military judges will be transferred to specialized courts in equivalent civilian courts. The promotion and appointment of judges will be made by the Council of Judges and Prosecutors under the new name after the referendum. Again, following the conclusion of the constitutional referendum with a ‘yes’ vote, the responsibility of impartiality as well as independence will be brought to the judges.

This change will not harm the discipline of the armed forces. Disciplinary committees and higher disciplinary committees will continue to be established in certain commands due to disciplinary offenses and military misdemeanors, and disciplinary courts will continue to be established in certain commands in case of war. In addition, the Military Penal Code is in effect. Crimes and penalties are specified in the Military Penal Code No. 1632. What has changed is that the trials are conducted by civil and independent courts and independent and impartial judges for the crimes written in the Military Penal Code No. 1632. This practice will be more effective in ensuring and maintaining discipline and establishing justice. It will be beneficial in ensuring the unity of the judiciary.

How will the trial process of soldiers work?

If the action of the soldier is a disciplinary violation, he can be punished by the disciplinary chief. Disciplinary chiefs have the authority to impose a prison sentence of up to 30 days in accordance with their rank and office. If the action of the soldier is one of the disciplinary offenses and military misdemeanors, it may be punished by the Disciplinary Boards and the High Disciplinary Boards. These boards have the authority to impose a prison sentence of up to 60 days and to expel them from the Turkish Armed Forces. If the military person's action is an act within the scope of the Military Penal Code, the report of the person's statement and the crime evidence will be collected by the command to which the person is affiliated, and the file to be prepared will be delivered to the authorized civilian judicial authority and the trial will be started. The abolition of military courts and high military courts only applies to military offenses falling under the military penal code and actions falling within the scope of administrative jurisdiction. Trials and punishments due to acts specified in the relevant laws as disciplinary infringement, disciplinary offense and military misdemeanor will still remain within the scope of the Armed Forces.
There is one more thing that should be mentioned here. If the Constitutional Referendum results in a yes, the “State of Emergency” is maintained while the “Martial Law” is lifted. Martial law means the transfer of administration to military commands in the region where it is declared. In the state of emergency, the administration remains with the civilian administration units. Therefore, the adoption of the constitutional amendment will enable the military to get rid of the internal security and to use it against the external threat, which is its main duty.

Another issue is the tutelage regime that lasted for half a century. What will be the solution of the new system against these problems?

Political instability is the main reason for the formation of the tutelage system. On the other hand, political instability occurs during the parliamentary system and coalition periods. Governments formed by different parties are weak. A party can be ideologically involved in the coup-plotter idea and support it. Ideologically it can adopt it. Therefore, it can cooperate with the coup-plotters. The government can be overthrown by the party that is in such formation, and the state can remain without administration without any ruler. This situation causes the state to be headless. The fall of the government leads to a deterioration in the economy, security and living conditions. The real problem starts at this point. Such imbalance in society becomes a call for a coup. The coup-plotters also take advantage of the unstable environment. The government will always exist within the presidential system to be established. The government is unlikely to fall. However, if the parliament wishes, the term of office of the President of the Republic can be terminated.

Can we say that the coups will blot out?

Since everything works as it should in an environment of stability, the coup-plotters cannot find the opportunity for any coup. When we examine the past 50-60 years of our republic, we see that military coups always took place after coalition governments. For example, in the 10-year period between 1970 and 1980, 12 governments have come to power and gone. 12 more governments that came to the head of the state left power without being able to produce a solution to the problems of the state. This situation brought about political instability. It caused military seizure of power and tutelage regimes. Those who wanted to seize the administration at every opportunity staged a coup on the grounds they made up. We cannot talk about a coup in stable periods. Because the nation appoints the President, who is the head of the executive, and the nation dismisses the incumbent. The new Presidential Government system to be introduced will be the way to political stability and the key to development, advancement, improvement and prosperity.

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