Evidence of the Coup (!): Staying Overtime
A Strange 15 July Trial
We are so used to the absurdities of the July 15 trials that we encounter a new one every day. As is known, administrative investigation reports constitute a basis for indictments and indictments constitute a basis for court decisions in trials. The will that planned July 15 adopted such a method in order not to lose control over the arguments it put forward.
The points determined by the defendant A.A., who made a statement in the General Staff Roof Case trials, based on the Administrative Investigation Report, reveal this. According to the report, staying overtime at the General Staff headquarters is a reason to be identified as a putschist!
In the indictment and in the General Staff Administrative Investigation Report, which has served as a basis for the indictment, the main criterion for determining whether the people who were at the headquarters that night were guilty or not, was to stay overtime. There are two statements in the report. In the first one, it was stated that “Personnel who did not leave the General Staff Headquarters even though their work ended during the coup attempt that started on July 15, 2016, and who is considered to have been or may have been involved in the incidents that took place.” In the second statement, it was indicated that “it has been determined that the personnel other than the arrested or detained personnel did not stay at the headquarters and did not come back to the headquarters later.” According to this report, it is obvious that you are definitely a putschist if you were at work that night.
Such preconceived approaches are absolutely incompatible with the general principles of law. This approach is also diametrically opposed to the customs of Turkish Armed Forces. Because the authors of the report know very well that the personnel who were on work that evening were usually the people who leave late every evening and that there is no concept of "the working hours" for the military personnel in the General Staff. There is a concept referred to as "working regardless of the working hours", which is frequently used by managers/superiors in speeches and orders/directives in order to encourage the selfless work of the personnel not only in the Turkish Armed Forces, but also in all public institutions.
To create an atmosphere in the Headquarters of General Staff and Force Commands as if anyone who wants to leave the work can leave in normal time, is kind of a joke for those who know or have worked in the headquarters.
In Article 33 of the Internal Service Law, it is stated that "the daily duty period in headquarters, departments and institutions is at least 6 hours" for the concept of overtime, and there is no limitation for more. In the same article, it is stated that "No soldier can leave day and night without permission from the place where the duty is required" and that the subordinate cannot leave the work without the permission of his supervisor without completing the task assigned to him. Considering the chain of command that takes place in a strict hierarchical order as a requirement of the military profession, asking "why you worked overtime" is incompatible with good intentions.
Comparing the General Staff headquarters with a state office where daily affairs are carried out and ignoring the practice of "workplace should not be left before the commander leaves", which can be a criterion for the staff of the headquarters, does not mean anything other than making up evidence for the people who were blacklisted and then declared putschists.