12 September 1980 Military Coup Trial Is Pending
Öztürk Türkdoğan
9 July 2020
Commanders-in-Chief of the General Staff staged the bloodiest coup in the history of Turkey on 12 September 1980. According to figures disclosed by then İHD Chairperson Nevzat Helvacı at a panel on 21 September 1991 in Muğla, the National Security Council which had been consisted of coup plotter generals was responsible of the following crimes committed between 12 September 1980 and 6 December 1983.
- 650 thousand persons detained, subjected to heavy torture during detention up to 90 days.
- 1 million 683 thousand persons blacklisted for being communist, Alevi, Kurdish, religious, fundamentalist, etc.
- 230 thousand persons stood trial in 210 thousand court cases before Martial Courts.
- Death penalty was asked for 7 thousand persons, 517 persons sentenced to death penalty.
- Death penalty for 124 persons upheld by the Military Court of Appeals.
- The sentences of 50 persons executed by hanging [(18 left-wing, 8 right-wing, 23 ordinary crime offenders, 1 ASALA militant].
- The files of 259 persons with death penalty request sent to the parliament.
- 71,500 persons tried under the articles 141, 142 and 163 of the Turkish Penal Code.
- 98,404 persons tried on charges of “membership in an organisation”.
- 388 thousand persons were denied passports.
- 30 thousand persons were dismissed from public service for being “objectionable”.
- 18,525 public servants were investigated.
- 14 thousand persons were expatriated.
- 30 thousand persons sought asylum abroad.
- 366 persons were killed under suspicious circumstances.
- 299 persons died in prisons.
- 171 persons were documented to be killed under torture.
- 144 persons died under suspicious circumstances.
- 14 persons died during hunger strikes.
- 16 persons were shot to death while “attempting to escape”.
- 95 persons were killed during “armed clashes”.
- 73 persons were given “natural death” reports.
- 43 persons committed “suicide”.
- 937 movies banned for being “objectionable”.
- 23 thousand 677 associations were closed down.
- Political parties and worker unions were closed, numerous politicians kept in detention and/or arrested without a reason.
- 3 thousand 854 teachers, 120 academics and 47 judges were dismissed from public service.
- A total of 4 thousand years of imprisonment were asked for 400 journalists.
- Journalists were sentenced to a total of 3 thousand 315 years and 6 months of imprisonment.
- 31 journalists were imprisoned.
- 300 journalists were attacked.
- 3 journalists were assassinated.
- Newspapers were not published for 300 days.
- 303 court cases were brought against 13 leading newspapers.
- 39 tons of newspapers and journals / magazines were confiscated and destroyed.
- Hundreds of thousands of publications were confiscated and destroyed. For instance, 113,607 copies of books published by Bilim ve Sosyalizm [Science and Socialism] publishing company were burnt down. The publishers detained, arrested, and tortured. Writer and publisher İlhan Erdost was killed under heavy torture.
A significant number of these offences fall under the category of crimes against humanity.
The very first indictment against the 12 September 1980 military coup perpetrators regarding the offences of plotting a coup and their crimes against humanity was prepared by Sacit Kayasu, the Public Prosecutor in Adana province, on 28 June 2020. Unfortunately, the Supreme Board of Judges and Prosecutors [Council of Judges and Prosecutors now] dismissed Sacit Kayasu from public service and prevented the military coup perpetrators from being prosecuted. We remember late Sacit Kayasu [d. 28 November 2014] with respect for his attempt.
Several articles of the 1982 constitution -drafted following the coup- were amended at the Parliament on 7 May 2010 with the Law No 5982. Following the decision of the Constitutional Court [2010/49 E, 2010/87 K] to partially quash the amendments on 7 May 2010, a referendum was held on the 30th anniversary of the coup for the approval of the amendments excluding quashed parts of the law. These amendments included suspension of provisional article 15 of the Constitution. The article was related to the responsibilities of the coup plotters and read:
No allegation of criminal, financial or legal responsibility shall be made, nor shall an application be filed with a court for this purpose in respect of any decisions or measures whatsoever taken by the Council of National Security formed under Act No. 2356 which will have exercised legislative and executive power on behalf of the Turkish Nation from 12 September 1980 to the date of the formation of the Bureau of the Turkish Grand National Assembly which is to convene following the first general elections; the governments formed during the term of office of the Council, or the Consultative Assembly which has exercised its functions under Act No. 2485 on the Constituent Assembly.
The provisions of the above paragraphs shall also apply in respect of persons who have taken decisions and adopted or implemented measures as part of the implementation of such decisions and measures by the administration or by the competent organs, authorities and officials.
Following the referendum on 12 September 2010 and the publication of the Supreme Electoral Council’s decision on 24 September 2010 in the Official Gazette, the amendments went into force with the approval of popular vote.
The next day of the referendum, numerous persons and organisations -including human rights organisations like İHD and Mazlumder- made official complaints with the Public Prosecutor in Ankara with the demand of prosecution of coup plotters and other officers/authorities who aided them, at least of the ones who were still alive. The official complaints not only included the military coup but also crimes against humanity committed following the coup.
Click to read to whole article in English: Article_12 September_OzturkTurkdogan_Eng