The Legal Consequences of the Military Coup in Turkey and how to Tackle Terrorism.

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    Dr. lawyer Tarek Chindeb                                      

Umayya Center for Research & strategic Studies

There is country that has laws or a constitution that gives legitimacy to a coup. On the contrary, the laws and constitutions of every country criminalise coups and punish violations and offences committed during a coup.

The recent Turkish coup to overthrow an elected president and parliamentary government demonstrates conclusively that the putschists did not respect the Turkish Constitution, the law, public freedoms and democracy.

The big question the state faces is the concept of constitution, law and the consequences of the coup? How can governance institutions, courts, justice and police deal with the results of this military action that led to the deaths of hundreds of people and an attempt to murder the president as well as a number of politicians and an attempt to demolish the infrastructure of the constitution?!

The current Turkish government must work to retrieve each escapee charged with the coup attempt. This attempt, is considered by Turkish law to be a terrorist act as weapons, explosives and  warplanes were used  in the attempt to eliminate not only the constitution and the law, but to take down the Turkish Justice and Development Party who possess a parliamentary majority. These offences attempted to remove a political group as a political objective. Therefore, the failed coup attempt is classified as a crime against humanity, which is regarded as one of the most serious crimes by the international community and particularly condemned by the Turkish people.

  1. First, regarding the arrest of all those involved.

The Turkish Government has to demand from every country concerned the extradition of those involved in this act of terrorism, especially the officers who fled to Greece as well as Fethullah Gulen who is located in the United States. The countries concerned must accept the request of extradition, considering that Interpol’s international laws require the hand over any citizen if required for trial. As international conventions on combating terrorism and international laws require the United States to extradite Fethullah Gulen who is accused of organising a group which the Turkish Parliament and Government classified as terrorist in addition to his alleged involvement in planning the terrorist coup. Here, it is the duty of the United States of America, if it is serious about fighting terrorism, to cooperate with the government in Ankara for extradition in order to complete the investigation and trial of terrorists. Terrorism is a concept based on murder, kidnapping and bombing. Hence, we cannot tolerate terrorism in one country and fight terrorism in another.

  1. Secondly, the arrests made by the Turkish government for engaging in acts of attempted coup must be made to on all criminals, violators and supporters of terrorism, within the legal framework which is obligatory to punish all criminals and prosecute regardless of their number, because these criminals if they stay fugitives, they will form terrorist cells continue committing terrorism in Turkey.

Some States and organisations disagree with the high numbers of detainees, but this is a legal and not political objection to the Turkish Government. Those States and organisations have their own agendas that are designed to block the strong Turkish State that builds on freedom, equality and democracy. Moreover, they see no objection to thousands of detainees in Syria, Iraq and Egypt. The United States arrested thousands after the September 11 attacks without evidence and many were imprisoned without fair trials and have died in prisons, some of them are still in Guantanamo and other secret prisons. In addition, France after the bombings declared a state of emergency and disrupted the constitution and law with unduly legal arrest to put an end to terrorism! Why do these states not accept Turkey’s actions, though the Turkish officials say the trials will be according to law?

All of the people arrested by Turkish Government have not exceeded 8000.  The Turkish General of Canaan in 1980 arrested more than eight hundred and eighty thousand people, denied thirty thousand and had five hundred and seventeen people executed.

  1. The toll left by the coup and the dangerous results that hit Turkey and its economy and its security, political, military and civil structure and planned by putschists would crush Turkish citizens and be a return to a military rule based on humiliation, beatings and torture. The Turkish economy was shrinking in a way in which the Turkish citizen to destitution, poverty, humiliation and need.
  2. The Turkish coup was participated in by several international intelligences and supported by states. So, the putschists penalty must be doubled because they pledged themselves to outside interests and not to the people of Turkey.
  3. The coup is a major terrorist action. So, the United Nations and countries of the world are invited to help the Turkish Government to eradicate terrorism and commitment to international law and the resolutions of the Security Council and the United Nations General Assembly calling for the fight against terrorism and its causes.

The dangerous results of the coup if it passed would have been catastrophic for all components of the Turkish people and would have affected all countries in the region. Thus it is on the Turkish government to expose the intentions of the putschists and their infernal plans which will end the hopes and dreams of the Turks and their children and grandchildren to live in freedom, peace, affluence and democracy.

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This article expresses the opinion of the writer and not necessarily, the opinion of the site.

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