FIRST ACTIVE DUTY FLAG OFFICER CHARGED IN

C O N F I D E N T I A L ANKARA 000152

SIPDIS

DEPARTMENT FOR EUR/SE, INR/EU

E.O. 12958: DECL: 01/28/2020
TAGS: PREL PINS TU
SUBJECT: FIRST ACTIVE DUTY FLAG OFFICER CHARGED IN
ERGENEKON INVESTIGATION

REF: A. ANKARA 107

B. ANKARA 120

C. ANKARA 130

D. ANKARA 150

Classified By: Pol-Mil Counselor Anthony Godfrey, Reasons 1.4 (B,D)


1. (C) Summary: A civilian court has accepted an indictment
against several active duty military officers -- including an
one-star admiral -- and has reportedly rejected the military
court's request to transfer the case to the military judicial
system. The officers are charged with involvement in a
terrorist organization. This marks the first time that an
active duty flag-ranked officer has been charged in the
Ergenekon-related investigations. It is not yet clear
whether the civilian court will be able to retain
jurisdiction in the case given the January 21 Constitutional
Court ruling overturning a law extending civilian
jurisdiction over military personnel. The indictment of an
active duty flag officer will likely fuel already elevated
civilian-military tensions and could increase pressure from
within the military for TGS Chief Basbug to do more to
protect his troops. End Summary.


2. (SBU) According to a number of media reports, the 12th
Heavy Penal Court in Istanbul has accepted a criminal
indictment against 17 military personnel, including Rear
Admiral (LH) Levent Gorgec, who is the current commander of
the Aegean Regional Naval Command based in Izmir. The
indictment is reportedly part of the fourth indictment issued
by Ergenekon prosecutors. The military personnel are charged
with participation in an armed gang and planning to destroy
parliament. The indictment is based on the suspects' alleged
involvement in "Operation Cage," an alleged plot to
assassinate high-profile non-Muslims in order to sow chaos
and created the conditions for a military intervention.
Although some retired flag officers (including two retired
four-star generals, Sener Eruygur and Hursit Tolon) have
already been charged in the Ergenekon case and are awaiting
trial, this marks the first instance of an active-duty flag
officer being charged in the Ergenekon-related
investigations.


3. (SBU) In its ruling, the court claimed to have carefully
examined the recently published Constitutional Court decision
overturning a law extending civilian jurisdiction over
military personnel (ref a). The 12th Heavy Penal Court,
according to media reports, determined that the military
personnel are charged with violating civilian laws (the
anti-terrorism law) rather than military law and that, as a
result, civilian courts could exercise jurisdiction over
these cases. A request by military prosecutors to transfer
the case to the military judiciary has apparently been turned
down by the civilian court. The initial court hearing has
been set for April 9.

Comment
--------------


4. (C) The military is likely to appeal the civilian court's
ruling and it is not clear whether the civilian court will,
in the end, hear the case. The move to charge an active-duty
flag officer comes at a time of already heightened
civilian-military tensions (ref b, c, d). It could also add
pressure on Turkish General Staff Chief Gen. Basbug, which we
understand is building in the military, to take steps to
protect his troops from the seemingly ever-expanding
Ergenekon case, which many -- within the military and beyond
-- perceive as an assault against the armed forces by the
Islamist-leaning AKP government.
Jeffrey

"Visit Ankara's Classified Web Site at http://www.intelink.s
gov.gov/wiki/Portal:Turkey"