General Staff made a statement in period, when discussion on Presidency of the Republic has reached its peak and first round discussions in the Turkish Grand National Assembly (TBMM) submitted to the Constitutional Court. Statement by General Staff, by means of its internet site, is an open intervention against democracy. Even the Constitution of 1982, of which we regard as antidemocratic and make efforts to be changed, identifies Turkish Republic State as “democratic and state governed by the rule of law”. The State’s such characteristics are binding rules for everyone, particularly state’s organs. The State’s democratic characteristic means that civil organizations, civil politics conduct their activities under a free atmosphere without any interventions. Military forces’ intervention, no matter for any reason, against this field abolishes the State’s democratic characteristic.
The state governed by the rule of law’s the most important principle is that all duties and competences of the state’s any organs are limited by law or rule of law and independency of judiciary. If state’s organs and institutions violate law or have attitude, behaviours that might cause pressure on judiciary organs, it will abolish the principle of state governed by the rule of law.
General Staff’s statement has harmed both the State’s characteristic of being a democratic state and principle of state governed by the rule of the law. In a democratic and state governed by the rule of law government; there are mechanisms to investigate any kinds of attitudes, actions, which are regarded as crime and against law. These mechanisms punish people, who are responsible for action, when crime is proved. State’s any organs or institutions cannot regard itself as the only protector, representative of the State. Moreover, any organs or institutions cannot have right to intervene against working field of other organs and institutions.
There is a warning, which declares military forces will intervene against situation when it is necessary, as well as political determinations and comments in the statement. Position of such a statement should be discussed, regarding with the current Constitution and penal codes of military/civil law, by independent judiciary organs. Indeed it is clear that, even, the statement is a serious, important difficulty for judiciary conduct impartial and independent mission.
The most important issue is that what will be the reaction for the statement? We call for all political parties, syndicates, non governmental organizations, trade associations, human rights organizations, intellectuals, authors, universities to support democracy.