The investigation into the coup d'état on 12 September 1980 has been completed. The indictment seeks life sentences for Kenan Evren, then Chief of General Staff, and General Tahsin Şahinkaya, Air Force Commander at the time.
The investigation had been launched by Special Authority Ankara Public Deputy Chief Prosecutor Hüseyin Görüşen and was continued by Prosecutor Kemal Çetin. Görüşen made an announcement on the investigation and the 80-page indictment on Wednesday (4 January).
He announced, "Aggravated life sentences are being demanded for Evren and Şahinkaya according to Articles 146* and 80** of the former Turkish Criminal Law (TCK) as in effect at the time of offence".
According to Article 29 of the Criminal Procedure Law (CMK), it was requested to take Evren and Şahinkaya under judicial control.
Görüşen also noted the decision against an additional prosecution under article 64/1 TCK regarding putchists who have died in the meantime, i.e. Land Forces Commander General Nurettin Ersin, Naval Forces Commander General Nejat Tümer and General Sedat Celasun as Gendarmerie General Commander at the time.
"In our opinion as the prosecutor's office the issue has not reached the statute of limitation. A separate investigation is being conducted under allegations of torture. The present investigation only concerns five people as the masterminds of the coup", the prosecutor said.
Görüşen indicated that the period until 6 December 1983 was assessed as the date of offence. "According to the indictment, an internal memo, a warning letter was given out on 2 January 1980. We also evaluated that. The indictment includes the date of 2 January 1980 and the period of time between 12 September 1980 and 6 August 1983 when the Parliamentary Presidency Council was established".
The indictment is now going to be assessed by the Ankara 12th High Criminal Court which will announce its decision two weeks later.
"They prepared the ground for a coup"
As reported by Milliyet newspaper, the indictment claims that "the suspects waited for the conditions to become suitable for a coup d'état; they waited for an opportunity for the coup and then carried it out". Evren and Şahinkaya allegedly prepared the ground for the coup. They are being held responsible for a number of related actions, for instance:
* The death of 34 people on 1 May 1978 in Taksim (Istanbul).
* The death of three Alevi citizens as the result of riots that started in Malatya on 17 April 1978.
* The so-called Sivas Massacre in 1978 that left 37 Alevi artists and intellectuals dead.
* The Maraş Massacre from 19 to 26 January 1979 that resulted in the death of more than one hundred Alevi and left-wing citizens.
* The killing of Abdi İpekçi, then General Publications Director of Milliyet newspaper, on 1 February 1979.
* The death of 57 people in Çorum after Minister Gün Sazak of the National Movement Party (CHP) was killed on 27 May 1980. (AS/VK)
*Article 146: Anyone who attempts to partly or fully destroy, change or abolish the order established by the Constitution as established by the Grand National Assembly or to prevent the actual implementation of that order by the use of force or violence shall be sentenced to strict life imprisonment.
** Article 80: For the execution of a decision on committing a crime, a multiple violation of the same provision even at various times shall be regarded as a single offence. The incumbent penalty shall be increased by the duration of one sixth up to half of the penalty.
