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İlker Basbug Silivri Letter Ergenekon Internet Andice MemorandumThe person, who has commanded the Turkish Army, is under arrest for ten months facing forming and leading a terrorist organization charges. Why was 26th Chief of General Staff arrested?
The answer to this question was revealed in the hearing dated September  7th, 2012 by the member judge of Istanbul 13th High Criminal Court. The member judge stated as:

“The Internet Andice case suspects made almost a common statement. They stated that the present to the commander mark needs to be understood as that the document has been presented. Based on these compatible statements, our court filed a criminal complaint, ruling that a written notice be sent to the Istanbul Chief Prosecutor’s Office for the relevant procedures to be initiated.”

The reason is a two-page, Internet Andice document with the subject Internet Sites.

Same reason is valid for deputy Chief of General Staff, Intelligence Head Officer, Operation Head Officer, MEBS Head Officer and all other related personnel who are under arrest since August 2011.

Internet Andice, as been explained many times before, is legal but not complete document prepared in the General Staff Headquarter. In the andice, it was planned that Internet activities be done in four fields. However, before these sites were ever online, this work was terminated on June 19th, 2009, and no broadcast that can be included in this case has ever been made. Thus, the General Staff did not own any websites during the period from February 2009 to August 2010, that it would use for the purpose claimed in the case.

Internet Andice has nothing that can constitute a crime.

Well then, what is the crime committed according to the prosecution?

On page 67 of the first Internet Andice indictment, the prosecution defines the crime as such:

“Preparing an andice in accordance with planning and inter-organizational approval stages and that is in compliance with the law in appearance, does not indicate that its purpose is also in compliance with the law.”

As can be seen, the prosecution thinks that purpose of the Internet Andice is illegal.

Under the law, accusations can only be made based on concrete actions.

However, here, the prosecution thinks that the andice has a secret aim. According to them, the aim is as follows;

If work on these sites had not ended on June 19th, 2009, there would have been activities constituting crimes in these sites.

Don’t be surprised! On claims based on assumptions, assumptions that they consider might be committed in the future, people are accused and are kept under arrest for months.

Also, the prosecution brings forward these accusations;

Why did you not close the sites, that were opened before 2008, before February 2009? You closed these sites in February 2009 to avoid prosecution.

As can be seen, you are guilty in both situations. It is a crime that you have closed them, it is a crime that you have not closed them before.

The 42 websites being mentioned are the ones that were opened before August 2008. You are being accounted for the last 6 months of activity of the websites that were operated for many years. Moreover, based on the records of the Istanbul Police Department, between August 30th, 2008 and February 4th, 2009, there were no update to these 42 websites. But, they do not pay attention even to these facts.

You are guilty in any circumstances.

During August 2011, almost the entire General Staff Headquarters of the relevant period was arrested because of this Andice. Next was the 26th Chief of General Staff. Internet Andice was a good opportunity for this purpose.

On January 6th, 2012, the person, who commanded the Turkish Army, got arrested by this very Internet Andice.

In this trial, the real point that should have been concentrated was to investigate whether this Andice had illegal aspects or not. This was not so hard. Because the Andice was only two pages.

On August 2011, when the entire General Staff Headquarter of the relevant period were arrested, some among the arrested were on active duty in the General Staff Headquarter. This was a first. By these arresstments, the General Staff Headquarter was put into a position like it was an organization that committed crime. The reason for the arresstments were “Internet Andice”. General Staff was in a position that could best assess the Andice. General Staff at least could have informed the public opinion on what was “Internet Andice” and it was not.

On this matter, did media do its part? Was the matter investigated sufficiently?

Naturaly, some in the media saw and expressed the truth;

Mr. Derya Sazak;

“Former Chief of General Staff İlker Başbuğ, when he was being trialed in the Internet Andice case, become an Ergenekon suspect when the cases were joined. He complains saying that he will not sit with murders. He is right!”

Mr. Fikret Bila:

“Former Chief of General Staff İlker Başbuğ got arrested on terrorist organization leader charge. This accusation and arrestment was found odd both in domestic and foreign public opinion and law world.”

Mr. Mehmet Tezkan:

“Basbug’s trial is not a case to teach democracy lesson nor to be referred as the supremacy of rule of law. On the contrary, it’s problematic. It’s both problematic in terms of law and democracy. The problem is in the indictment.”

Well, what was done during this trial? Whether the Internet Andice was presented or not to the Chief of General Staff become the main problem of the case. Unfortunately, some of the suspects fell into this trap without knowing. Instead of defending the legality of the Andice document, they answered intentional questions.

The 26th Chief of General Staff testified in the Sledgehammer trial. On that day, he stated as follows;

The General Staff, including the Headquarter, including the Chief of General Staff do not lie.

Today, we still stay behind these words.

Internet Andice is a legal but not complete document prepared in the General Staff Headquarter. Internet Andice has nothing that can constitute a crime.

However, despite all these facts, people are accused and are kept under arrest in an unjust and feeble way.

The remedy of this injustice is becoming hard on each day passes. This injustice must end immediately.

Gen. (Ret.) M. İlker Başbuğ