Turkish Post-1960 Coup Trials: The Legal Pursuit of the Democrat Party

Turkish Post-1960 Coup Trials: The Legal Pursuit of the Democrat Party

Following the military coup of 1960, the Turkish government underwent a period of intense judicial scrutiny. A series of trials were launched against the leadership of the Democrat Party, focusing on allegations of corruption, abuse of power, and constitutional violations. These cases targeted high-ranking officials, most notably former President Celâl Bayar and former Prime Minister Adnan Menderes, aiming to dismantle the previous administration's influence.

The legal proceedings spanned a wide array of accusations, ranging from the misuse of state assets and foreign exchange violations to the orchestration of civil unrest and the suppression of political opposition. These trials served as a mechanism for the military junta to legitimize the coup by documenting the perceived failures and crimes of the ousted government.

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Key Facts

  • Primary Targets: Former President Celâl Bayar and Prime Minister Adnan Menderes were defendants in the majority of the cases.
  • Diverse Charges: Cases ranged from personal corruption (the Dog Case) to mass civil unrest (the Istanbul Pogrom).
  • Constitutional Focus: The Constitutional Violation Case targeted the very act of voting for laws deemed unconstitutional by the military court.
  • Severe Penalties: While some defendants were acquitted, others faced imprisonment, bans from public service, and eventually execution.

Corruption and Abuse of Authority

Several trials focused on the personal conduct and financial dealings of government ministers, alleging that public office was used for private gain.

Financial and Asset Mismanagement

  • The Dog Case: President Celâl Bayar and Minister Nedim Ökmen were convicted of abusing their authority after Bayar sold a valuable Afghan Hound, gifted by the King of Afghanistan, to the Atatürk Forest Farm and Zoo for 20,000 liras to fund a fountain in Mursallı.
  • The Vinyleks Company Case: Former Finance Minister Hasan Polatkan was convicted of receiving a 110,000 lira bribe in exchange for illegal loans from Türkiye Vakıflar Bankası to the Vinyleks company. Polatkan was sentenced to seven years in prison.
  • The Land Case: Agriculture Minister Nedim Ökmen was convicted for forcing the government to purchase his wife's land at inflated prices.
  • The Expropriation Case: Adnan Menderes was convicted for the expropriation of citizen properties without providing full payment.

Foreign Exchange and Budgetary Violations

The courts also scrutinized the handling of foreign currency and state budgets.

  • Ali İpar Case: Adnan Menderes, Fatin Rüştü Zorlu, Hasan Polatkan, Medeni Berk, Hayrettin Erkmen, and shipowner Ali İpar were convicted of violating foreign exchange laws.
  • The Barbara Case: Hasan Polatkan and Refik Koraltan were convicted after Koraltan violated foreign exchange laws to bring a German maid into the country.
  • Concealed Appropriations Case: Adnan Menderes and Undersecretary Ahmet Salih Korur were convicted of using the Prime Ministry's budget for illegal purposes.
  • The Fraud Case: Ministers Hayrettin Erkmen and Zeyyat Mandalinci were acquitted of charges regarding unreturned foreign currency from a USA trip.

Civil Unrest and Political Suppression

Beyond financial crimes, the trials addressed the Democrat Party's role in orchestrating violence and restricting the movement of political rivals.

The Istanbul Pogrom and Public Violence

One of the most serious charges involved the Istanbul Pogrom of September 6–7, 1955. Defendants were accused of planting a bomb at Mustafa Kemal Atatürk's house in Thessaloniki to frame the Greek minority, subsequently organizing the burning of Greek homes. Adnan Menderes, Fatin Rüştü Zorlu, and Governor Kemal Hadımlı were convicted.

Other cases of public unrest included the Democrat Izmir Case, where 16 defendants, including Menderes, were convicted of inciting the destruction of the Demokrat İzmir newspaper printing house, and the University Incidents Case, where 84 defendants were convicted for the unlawful raiding of universities and the killing of student Turan Emeksiz.

Targeting Political Opposition

The courts examined several attempts to hinder the movement of opposition leader İsmet İnönü:

  • Topkapı Events Case: 17 defendants, including Bayar and Menderes, were convicted of provoking a public attack against İnönü on May 4, 1959.
  • Kayseri Incident Case: Five defendants, including Bayar and Menderes, were convicted for preventing İnönü's freedom of movement during a train journey on April 2, 1960.
  • Çanakkale Incident Case: Adnan Menderes and three ministers were convicted of restricting the movement of two CHP deputies.

Systemic and Constitutional Violations

The final phase of the trials moved from individual acts to systemic governance and the legality of the legislative process.

The Fatherland Front Trial

Nineteen defendants, including Bayar and Menderes, were convicted of using the Fatherland Front organization as a tool for class domination.

The Constitutional Violation Case

This case focused on Article 146 of the Turkish Penal Code, targeting the defendants' votes on laws the military junta deemed unconstitutional. This trial was controversial as it conflicted with the principle of parliamentary immunity. The eight primary accusations included:

  1. Confiscation of Republican People's Party properties (1951, 1953).
  2. Downgrading Kırşehir Province to a district in 1954 as political punishment.
  3. Enacting a 1953 law to retire judges after 25 years, violating judicial independence.
  4. Undemocratic amendments to the Election Law (1954, 1957).
  5. Passing laws in 1956 to restrict meetings and demonstrations.
  6. Establishing an Investigation Commission in 1960 with malicious intent.
  7. Granting extraordinary powers to said Investigation Commission.
  8. Attempting to abolish the constitution using those extraordinary powers.

This case resulted in the most severe sentences, including life imprisonment and death penalties.

Summary of Major Cases

Overview of Post-1960 Legal Proceedings
Case Name Primary Defendants Core Accusation Outcome
Istanbul Pogrom Menderes, Zorlu, Hadımlı Orchestrating anti-Greek riots Convicted
Vinyleks Company Hasan Polatkan Illegal loans and bribery Convicted (7 years)
University Incidents DP Ministers, Police/Military Unlawful raids and student death 84 Convicted
Constitutional Violation DP Leadership Passing unconstitutional laws Execution/Life Imprisonment
Baby Case Adnan Menderes Arranging the death of a child Acquitted

Frequently Asked Questions

Who were the primary targets of these trials?

The trials primarily targeted the leadership of the Democrat Party, specifically former President Celâl Bayar and former Prime Minister Adnan Menderes, along with several of their ministers.

What was the 'Dog Case' about?

The Dog Case involved President Celâl Bayar selling a valuable Afghan Hound, which had been a gift from the King of Afghanistan, to a state farm and zoo for 20,000 liras to pay for a fountain in Mursallı.

What happened in the Istanbul Pogrom case?

Defendants were accused of planting a bomb at Atatürk's house in Thessaloniki to blame the Greek minority, which then served as a catalyst for organizing the burning of Greek homes in Istanbul.

Why was the Constitutional Violation Case controversial?

It was controversial because it penalized members of parliament for how they voted on laws, which directly conflicted with the principle of parliamentary immunity established in the 1924 Constitution.

Were all the defendants found guilty?

No. While many were convicted, some were acquitted, such as the defendants in the Baby Case and the Fraud Case involving foreign currency from a USA trip.

References

  1. Head, Jonathan (28 May 2010). "Turkey's first coup still a raw nerve". BBC. Retrieved 8 August 2021.
  2. Mehmet METİN (23 February 2020). Arşiv Belgeleri ve Süreli Yayınlar Işığında Kayseri Olayları (1960). Kimlik Yayınları. pp. 133–9. ISBN 978-605-77853-0-5. Retrieved 9 August 2021.
  3. "Execution of Turkish Ministers". International Commission of Jurists. 18 September 1961. Retrieved 8 August 2021.
  4. "TURKEY: The Shaggy-Dog Case". Time magazine. 24 October 1960. Retrieved 8 August 2021.
  5. Yitzhak Oron (1960). Middle East Record Volume 1, 1960. The Moshe Dayan Center. p. 456. GGKEY:3KXGTYPACX2. Retrieved 8 August 2021.