You might think that when the elephants make peace, the world will be your grass, but it won't happen.
I have been writing about the framework law agreed upon by the government and the opposition for days. If you ask me, this dark order needs to change. However, if there is to be a compromise, an agreement, a handshake until that day... It must be in the constitutional order, the state of law and democracy. The Constitutional Court-ECtHR decisions should be implemented, the way should be paved for the use of constitutional rights from freedom of expression to freedom of association, the judiciary should be freed from the command-instruction relationship, political trials should be ended, the laws that accuse everyone of terrorism and those who are not armed with terrorism should be changed, the execution regulation should be fair and equitable instead of "a law specific to the PKK only"... I can continue the list. What I write is not a distant heaven. It is our right that is already written in the constitution, prescribed by law, and that we have earned through history. However, just because someone usurped it, it is declared a "red apple" with the approval of the opposition. The undemocratic, unconstitutional, unequal bargaining law, which came out of Imrali with the promise of "to another spring", comes into force "with the consent of the government and the acceptance of the opposition" and with a number of preconditions.
NATO CRISIS WITH SWEDEN
I have been following the media of other countries since it started. There is another invisible side of the process: Outside world law. Many countries are discussing "So what will we do now?" Because it is technically difficult to put into practice the "unlawful laws" accepted by both the government and the opposition in Turkey.
Let me explain with an example...
Do you remember Mahmut Tat?
The year is 2022. After the Ukraine-Russia war, Sweden applied to join NATO. Approval from all NATO members was required. They all said "ok".
Except for one: Türkiye!
The ruling media broadcast for days. PKK was acting freely in Sweden. Members of the organization were walking with Öcalan posters in their hands and shouting slogans in support of the PKK. Being a PKK member was almost not a crime in Sweden. AKP media made news with its images for days. The "list of dangerous terrorists" whose extradition was requested was announced with photographs.
From the podium, Erdoğan showed Sweden the way: "You will not give up the terrorists, you will ask for NATO membership from us. It is not possible to support the PKK and ask for support from us."
When Türkiye locked NATO, mediators stepped in. Secretary General Stoltenberg engaged in shuttle diplomacy. Sweden backed down. He signed an agreement with Türkiye, including Finland.
Then...
In accordance with the agreement, Sweden adopted a new anti-terrorism law targeting the PKK. Some started to intervene in PKK actions. He tried to prevent those carrying Öcalan posters and those protesting with the PKK flag.
THE MINIBUS DRIVE THEY CALLED DANGEROUS TURNED OUT
In those days, while we were waiting, "Let's see if the 'dangerous terrorists' will also be handed over"...
Swedish courts blocked the expected extradition of two FETO suspects. Before the NATO summit, he extradited Mahmut Tat.
We saw that Tat's photo with two police officers with a handcuff on his wrist was presented as if it were a victory. The ruling media was telling how critical a name Tat was and reporting his being brought to Turkey as a great success story.
In those days, in this column, I reviewed Tat's court file and wrote, "That is not the case."
Mahmut Tat was known as "Minibus Driver Mahmut" in Tunceli. He was carrying passengers half the day and playing chit-chat in the cafe the other half.
When he was detained in 2008, his lawyer was Hüseyin Aygün. Aygün told his story as follows: "Mahmut Tat is a villager of Ovacık. Neither his family nor he himself has anything to do with the organization. In fact, they are a family against the PKK. The PKK killed Tat's uncle Seyfi. Tat's village was in the forest. At that time, all organizations were active in the village. The state turned a blind eye. They even came to weddings. It is impossible for a villager not to do what the organization says, they are afraid."
Mahmut Tat was upset that the PKK was running around freely during the first initiative. The accusation against Tat was based on the confessions of a Syrian organization member. According to the confessor's statement, Mahmut Tat received 500 Euros from PKK members in exchange for 2 bags of fertilizer and 2 car alarms. In short, he sold goods to the PKK in exchange for money. Tat denied the accusations. He was saying that the confessor said this to save himself. In fact, the places mentioned by the confessor were found by his brother, who helped the gendarmerie.
The court accused Mahmut Tat of aiding the organization only once. But since aiding and abetting is punished just like membership, Tat was penalized for membership. On December 16, 2015, the court sentenced him to 6 years and 3 months in prison.
HE WAS RELEASED LAST WEEK
I also talked to Mahmut Tat's older brother Mustafa: "My brother's psychology deteriorated after the accusations. He settled in Istanbul. He served a student service there for 7 years. When he realized that he would be punished, he went to Sweden. He has 2 children, we are taking care of him. He also got cancer in Sweden and had 2 surgeries."
In short...
Even according to the court documents, Mahmut Tat was not a dangerous terrorist. "A Mahmut Tat story" was written just so Sweden could join NATO, just so our government could declare victory. “Poor Minibus Man Mahmut” was sacrificed in the war of elephants.
As I said, Mahmut Tat was brought to Turkey. He was put in jail. The sentence he received was 4 years and 6 months. He waited for 4 years and 6 months, wondering if the process would hit me too. It didn't happen. According to a confessor, "Poor Minibus Man Mahmut", whose life was ruined, escaped to Sweden and built a new life for himself, was sent to Turkey to "let Sweden join NATO" and was described as a "dangerous terrorist", served his sentence. I learned that Tat, who created a world crisis, was released last Thursday when his sentence ended. The process did not affect him.
Mahmut Tat missed the process and was released, but...
With Turkey's insistence, efforts and pressure for years. Today, many countries in the world, especially the European Union, have recognized the PKK as a terrorist organization. He is currently being detained, tried, and even arrested on PKK charges. The 460-page report published by the German Internal Intelligence Organization last month included details of how PKK members were tracked in Germany and how those caught were punished.
WHAT WILL FOREIGN LAW DO?
Here, countries are talking about their own domestic laws about what will happen after the process in Turkey. There is a deadlock here. Because Türkiye made an unconstitutional framework law, but... For example, what will happen to the people who are currently in prison and are tried for PKK in Germany, thanks to Turkey's efforts? There are two possibilities: Either the government, which only yesterday tried to pass PKK laws in countries around the world so that people like Mahmut Tatlı would be imprisoned, will now fight for other countries to take the decision that "PKK is not a terrorist organization". Or he will suggest to these countries, "Give a special amnesty only to the PKK in your own country." It is impossible for an average state of law to do the latter. Secondly, it is a strange thing that the countries of the world will say "Is this your final decision?", and it is debatable whether the old penalties will be reduced in this way.
As I said at the beginning, trampling on the law instead of walking on the line of justice, which has been the achievement of thousands of years of humanity, opens the door to new unlawfulness, not a solution. If we had followed this line from the beginning, Mahmut Tats would not have gone to prison and their lives would have been turned upside down, we would not have been in tension with the countries of the world to make them go to prison, nor would we have been trying today to turn things around!
The grasses underfoot are often unaware of even the elephants' war.
