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C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000315 
 
SIPDIS 
 
DEPARTMENT FOR EUR/SE 
 
E.O. 12958: DECL: 02/26/2020 
TAGS: PREL PGOV TU
SUBJECT: TURKEY: AFTER A BRIEF LULL, NEW ARRESTS AND 
DETENTIONS 
 
REF: A. ANKARA 304 
     ¶B. ANKARA 300 
     ¶C. ANKARA 294 
     ¶D. ANKARA 104 
 
Classified By: DCM Doug Silliman, Reasons 1.4 (b,d) 
 
¶1. (C) Summary:  An Istanbul court on February 26 charged and 
jailed eleven of the officers detained in the alleged 
"Sledgehammer" coup plot against the government (bringing the 
total to 31).  In addition, a new round of detentions in 
thirteen cities the same day brought another eighteen service 
members into custody.  Although tensions seemingly had eased 
in Turkey on February 25 following the well-publicized 
meeting between President Gul, PM Erdogan, and CHOD GEN 
Basbug and the release of three retired senior military 
commanders, PM Erdogan's strong public statements the 
following day suggest that the government remains determined 
to push forward a sweeping prosecution aimed at a large 
circle of military personnel linked to the 2003 seminar that 
featured the detailed "Sledgehammer" plan.  Even the AKP's 
former Speaker of Parliament told us that no evidence has 
emerged that would "satisfy public opinion" about the 
validity of the detentions.  To date there is little 
discussion as to whether or not the charged individuals will 
be tried in civilian or military courts; however, this is 
likely to become a source of significant debate.  End 
summary. 
 
An Initial Calming Effect... 
----------------------------- 
 
¶2. (SBU) Tensions eased following the detentions of nearly 
fifty active and retired Turkish military officers (refs A-C) 
for possible participation in the alleged "Sledgehammer" coup 
plot against the government.  Shortly after a meeting between 
President Gul, PM Erdogan, and CHOD GEN Basbug on February 
25, the court released Former Air Forces Commander GEN 
Ibrahim Firtina, former Naval Forces Commander ADM Ozden 
Ornek and former First Army Commander (and Deputy CHOD) GEN 
Ergin Saygun.  Prosecutor Turan Colakkadi stated that these 
individuals are not expected to flee or destroy evidence; 
however, the investigations against them will continue. 
Although the meeting and releases were not necessarily 
linked, the combination helped to defuse some of the 
political tensions.  Also helping to reduce tensions was the 
significant press coverage of the meeting's main points 
("three messages in three hours"):  the sensitivities of the 
Turkish Armed Forces will be taken into consideration; 
Turkish public opinion should realize that the situation is 
under control; and problems will be resolved by legal means. 
 
...Followed By Arrests, Detentions (And Promises For More) 
--------------------------------------------- -------------- 
 
¶3. (SBU) Nevertheless, today the court proceeded to formally 
charge eleven officers (including two active admirals and one 
retired general) of those previously detained, bringing the 
total number of arrested and charged to thirty-one.  Police 
also detained and sent to Istanbul at least 1 active and 17 
retired service members following new operations in thirteen 
cities, including the Konya city Jendarmerie Commander. 
These individuals were, according to press, detained in 
connection with "Chador" and "Beard," sub-plots of the 
alleged Sledgehammer coup plan. 
 
¶4. (SBU) Speaking to lawmakers following the arrest of the 
additional 11 officers, PM Erdogan challenged those who would 
act against his government, stating that "No one is above the 
law, no one is untouchable, no one is privileged."  He went 
on to underscore that the process was difficult, but 
essential.  "The process underway is painstaking, but it is 
for the benefit of the people; today's developments are 
setting free the consciousness of the people...Those 
conspiring behind closed doors to trample on the nation's 
will from now on will find themselves facing justice...They 
should know they won't get away with it." 
 
Civilian or Military Courts? 
---------------------------- 
 
¶5. (C) Press reports indicate that many lower-ranking 
officers remain detained or have been arrested.  A full list 
 
ANKARA 00000315  002 OF 002 
 
 
of those arrested has not been officially published by the 
Istanbul Public Prosecutor's office.  It remains unclear 
whether or not the arrested will be held and tried by the 
civilian courts, or transferred to a military court. 
According to Article 145 of the Turkish Constitution, 
military courts have jurisdiction over military personnel for 
offenses connected to the execution of the military duties. 
(A June 2009 constitutional amendment which gave civilian 
courts jurisdiction over military personnel accused of crimes 
against state security, national defense, or the 
constitutional order was struck down in by the Constitutional 
Court in January.  See ref D.)  According to constitutional 
law expert, AKP MP and Chair of the Parliamentary Justice 
Committee Ahmet Iyimaya, the civilian court will likely argue 
that these individuals will be tried under Articles 250 and 
251 of the Turkish Criminal Procedures Law, which lists 
crimes (including coup d'etats) that fall under jurisdiction 
of special civilian courts.  These courts are authorized to 
try anyone, military or civilian. 
 
COMMENT 
--------- 
 
¶6. (C) PM Erdogan's public comments following the arrest of 
more military service members, seems deliberately provocative 
and will only re-ignite tensions between the ruling party and 
its secularist critics, for whom the Turkish military is a 
key symbol.  CHOD GEN Basbug continues to remain silent, but 
he may be facing internal pressure to take some sort of 
public stance.  Other options, such as mass resignations of 
senior military officers have been posited in the press, but 
strike us as counterproductive.  LTGEN (J2) Hakki Pekin told 
PolMil Counselor late on February 26 that the TGS is not 
worried about the course of events, and that the military 
will not act outside the rule of law, adding "We trust the 
judges."  As the judicial process continues in its early 
stages, public statements from outside Turkey would likely 
only throw fuel on the fire.  The Ambassador will use a 
previously-scheduled meeting with Deputy CHOD GEN Aslan Guner 
on March 2 to obtain the TGS' view on how they intend to 
proceed in light of the arrests and the new wave of 
detentions. 
Jeffrey 
 
           "Visit Ankara's Classified Web Site at http://www.intelink.s 
gov.gov/wiki/Portal:Turkey"