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"