Since Istanbul Heavy Penal Court 13 accepted the 2.455 page strong indictment against 86 defendants in the first case against alleged members of the clandestine organization Ergenekon on 28 July 2008 another 14 indictments have been prepared in this context until February 2011.[1] Until the fourth indictment the number of defendants had increased to 531 and more than 8,000 pages of indictments had been written.[1] Most trials are held in Silivri Prison. At the beginning the courtroom could accommodate about 280 people.[2] In June 2009, the prison's sport hall was converted for the term of the trial into a maxi courtroom with a capacity for 753 people.[3]
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The first hearing at Istanbul Heavy Penal Court 13 was held on 20 October 2008.[4] The main charges are: establishing, directing, and being a member of an armed terrorist organization, aiding and abetting the terrorist organization, attempting to overthrow the government through the use of force and coercion and acquiring, stocking, and using explosives and urging others to commit crimes using explosives.[5]
The reading of the 2,455 page strong indictment lasted until 13 November 2008.[4] In the 26th hearing on 15 December 2008 defendant one, retired General Veli Küçük spoke for the first time and pleaded not guilty.[4] In January and February 2009 four defendants were released including retired General Hurşit Tolon.[6] One defendant, lawyer Kemal Kerinçsiz testified from hearing 66 to hearing 78 on 20 April 2009.[6]
On 30 January 2010 the defendants Dr. Emin Gürses, Dr. Ümit Sayın and Muhammet Yüce were released pending trial. The hearing was adjourned to 22 February 2010. During the hearing of 7 December 2009 Dr. Ümit Sayın had said that he was "secret witness" by the code name of "Anadolu". Subsequently his lawyer declined to defend him any further.[7] During the hearing of 2 December 2010 (hearing 165) the defendant Alparslan Aslan, charged for having shot at the judges of the Council of State demanded to benefit from the law of repentance. Despite repeated demands of the presiding judge he did not reveal any details.[8]
On 9 December 2010 prime defendant, retired General Veli Küçük took the floor to complain that allegedly a diagram existed showing people in the organization above and below him. He claimed that persons such as former Chief of Staff Hüseyin Kıvrıkoğlu, former Prime Minister Tansu Çiller and Mehmet Ağar were among his "superiors". He asked that they be heard as witnesses.[9]
The cases merged with the first case against Ergenekon include:
In May 2011 a trial of a man accused of plotting to assassinate Greek Patriarch Bartholomew was merged with the first Ergenekon case. The case was taken from Istanbul Heavy Penal Court 9 and will continue at Istanbul Heavy Penal Court 13. The man accused in the assassination plot, Ismet Rençber, is facing a prison sentence of between 7.5 and 15 years on charges of “being a member of armed organization.”[10]
As of early 2011 there were 119 defendants overall charged in the first case against Ergenekon.[1]
With the 1,909 page strong second indictment another 56 defendants were charged at Istanbul Heavy Penal Court 13. The main defendant was General Şener Eruygur. This case was later merged with a case against 52 defendants named in an indictment of 1,454 pages. The main charges include plotting a coup by forming a terrorist organization, plotting to restructure the civil administration and planning to wiretap illegally.[5] The defendants include Ali Balkız, Mehmet Haberal. Tuncay Özkan and journalist Mustafa Balbay.[1] The trial of Yusuf Erikel was merged with this trial on 4 February 2011. There are eight defendants including the lawyer Yusuf Erikel. The indictment has 150 pages[1]
The first hearing was held on 20 July 2009. The court merged the cases of indictments 2 and 3. Of the 52 defendants from indictment 3 37 were in pre-trial detention.[6] In June 2010 defendant retired General Levent Ersöz read out his 350 page testimony via a video conference from the hospital of the medical faculty Cerrahpaşa. He pleaded not guilty.[11]
Poyrazköy is the name of a village (village Poyraz, tr: Poyrazköy) in Beykoz district, Istanbul Province. It has become the name of one of several trials against alleged members of the clandestine organization Ergenekon, allegedly planning to overthrow the government of the Justice and Development Party. Three court cases (indictments) were merged to form the "Poyrazköy case": a) the planned assassination of admirals, b) the cage action plan and c) the initial Poyrazköy trial.[12] All three cases were initiated after the discovery in Poyrazköy of illegal arms.[13] A coup plan, referred to as the ‘cage plan’, dated March 2009, was seized by investigators from Ergenekon suspects. The 'cage plan' allegedly aimed at destabilising the country by killing members of non-Muslim minorities.[14]
In January 2010 Istanbul Heavy Penal Court 12 accepted the indictment against 17 people who are accused of storing munitions in Poyrazköy.[15] The indictment consists of 300 pages and 24 additional files.[15] The first hearing was scheduled for 9 April 2010.[16] The defendants were Tayfun Duman, Ergin Geldikaya, Levent Bektaş, Mustafa Turhan Ecevit, Ercan Kireçtepe, Eren Günay, Erme Onat, İbrahim Koray Özyurt, Şafak Yürekli, Muharrem Nuri Alacalı, Levent Görgeç, Mert Yanık, Dora Sungunay, Halil Cura, Sadettin Doğan, Ferudun Arslan and Ali Türkşen.[16] The charges relate to possession of arms without permission, membership in an armed organization and the attempt to overthrow the Grand National Assembly of Turkey.[16]
In February the same court accepted an indictment on allegations that 19 Navy personnel planned to assassinate Navy admirals.[17] The targeted admirals were named as current top Navy commander Admiral Metin Ataç and former top Navy commander Admiral Eşef Uğur.[17] The charges include being members of an armed terrorist organization, keeping explosive materials and bullets and illegally recording personal information. The assassination case’s first trial was scheduled for 7 May 2010.[17] The 166 page indictment listed as defendants: Faruk Akın, Sinan Efe Noyan, Alperen Erdoğan, Burak Düzalan, Yakut Aksoy, Tarık Ayabakan, Ülkü Öztürk, Ali Seyhur Güçlü ve Sezgin Demirel, Fatih Göktaş, Burak Amaç, Burak Özkan, Yiğithan Göksu, Oğuz Dağnık, Koray Kemiksiz, Levent Çakın and Mehmet Orhan Yücel.[18]
The trial of 33 serving and retired Turkish military officers opened on 16 June 2010, with a first hearing at the Istanbul Heavy Penal Court 12. The Armenian newspaper Agos, one of the targets identified in the alleged plan, was accepted as an intervenor.[19][20][21] The 65 page indictment presented the imprisoned defendants Ahmet Feyyaz Öğütçü, Kadir Sağdıç and Mehmet Fatih İlgar as prime suspects in direct contact to the armed organization Ergenekon. The other defendants (not on pre-trial detention), Mücahit Erakyol, Deniz Erki, Tanju Veli Aydın, Emre Sezenler, Hüseyin Doğancı, İsmail Bak, Metin Samancı, Levent Gülmen, Aydın Ayhan Saraçoğlu, Bülent Aydın, Bora Coşkun, Süleyman Erharat, Murat Aslan, Emre Tepeli, İbrahim Öztürk, Halil Özsaraç, Gürol Yurdunal, Ümit Özbek, Bülent Karaoğlu, Daylan Muslu, Hüseyin Erol, Mehmet İnce, Alpay Belleyici, İsmail Zühtü Tümer, Levent Olcaner, Özgür Erken, Metin Fidan, Türker Doğanca, Mesut Adanur and Metin Keskin were accused of membership in an armed organization.[22]
The conspiracy plan entitled Operation Cage Action Plan (Turkish: Kafes Operasyonu Eylem Planı) was found on a CD seized in the office of retired Major Levent Bektaş, who was arrested in April 2010. The document was published by Taraf newspaper in May 2010.[23] An English translation of it exists.[24] The plan allegedly calls for political terrorism and assassinations to be enacted against various groups of Eastern Orthodox, Armenians, Kurds, Jews and Alevis.[25] The plan apparently originates from secret societies within the Turkish military.
The European Union declared that it was closely following developments related to the Naval Forces Command plan.[26]
On 9 April 2010 the first trial in the Porazköy case started. The judge at Istanbul Heavy Penal Court 12 rejected applications from defense lawyers that the case be transferred to a military court.[27] The prosecution is seeking life sentences for five defendants, up to 39 years for another, and up to 15 years for the other 11.[27]
In May 2010 the case relating to the arms found in Poyrazköy and the attempted assassination of two admirals were merged. The defendants Ülkü Öztürk, Ali Seyhur Güçlü and Sezgin Demirel were released.[28]
During the first hearing on the so called "cage action plan" on 15 June 2010 the court rejected the demand to transfer the case to a military court. The case has a total of 33 suspects who are being charged with membership in an armed terrorist organization and could face prison sentences of between 7.5 years and 15 years if found guilty.[29]
In June 2010 the cases dealing with the “Cage” plan and the munitions found in Poyrazköy were merged.[30]
On 5 July 2010 the final three suspects under arrest in connection to the “Kafes” (Cage) Plan were released pending trial.[31]
On 11 April 2011 the 6th hearing was held in the Poyrazköy case that involves 69 defendants, seven of them in pre-trial detention.[32] Defendant Faruk Akın stated that the admirals Metin Ataç and Uğur Yiğit (the potential victims of the planned assassination) had visited him in Hasdal Prison and expressed their sorrow on the case.[33] At the end of the hearing defendant Levent Bektaş was released pending trial.[33]
The name "wet signature" (tr: "Islak İmza") is known as indictment seven. Among the seven defendants are Bedrettin Dalan and Major Dursun Çiçek. The indictment has 165 pages.[1] The 9-page document carrying the hand written signature (wet signature) of Major Dursun Çiçek on each page was found in the office of lawyer Serdar Öztürk. It also is mentioned under the title "plan to intervene in democracy" (tr: Demokrasiye Müdahale Planı) .[34] In a letter to Prime Minister Recep Tayyip Erdoğan lawyer Öztürk alleged that the signatures had been faked by using technical methods.[35]
The trial of people from Erzincan involves 23 defendants including General Saldıray Berk, once commander of the 3rd Army and Erzincan Chief Prosecutor İlhan Cihaner. The indictment consists of 61 pages. The indictment for the Erzincan group[36] was presented to Erzurum Heavy Penal Court 2 on 26 February 2010. Excluding the attachments of 6 pages the 55 page strong indictment presents statements of 12 secret witnesses on 20 pages of it.[37] The defendants allegedly tried to put the "action plan against fundamentalism" (tr: İrtica ile Mücadele Eylem Planı) into effect.[38]
This plan found in an office of a lawyer pretended that reactionary (fundamentalist) groups accused members of the Turkish Armed Forces to belong to Ergenekon and, therefore, had to be presented as criminal elements. The investigations had started after hand grenades and munition had been found close to Erzincan. Afterwards the defendants had tried to "hire" witnesses to testify that the police had place the arms there. They had tried to find people to place arms in the home of a religious officer and a school of the Gülen movement. Chief prosecutor İlhan Cihaner had threatened to kill the father of the person, if he did not as demanded.[38]
The first hearing at Erzurum Heavy Penal Court 2 was held in 4 May 2010. At the time 10 of the 16 defendants were in pre-trial detention. Since another case against prosecutor Cihaner was pending at the Court of Cassation for misuse of authority the files were sent there to decide which court should hear the case. On 18 May 2010 Penal Chamber 11 at the Court of Cassation heard the case and decided to release all 10 defendants. Since Istanbul Heavy Penal Court 13 also had demanded to take over the case the Assembly of Chamber at the Court of Cassation had to deal with the case. On 24 December 2010 the Assembly decided that the case related to misuse of authority should continue at Penal Chamber 11 at the Court of Cassation, but the Erzincan file should be send back to the prosecutor in Erzurum, because he had initiated a case against a first degree prosecutor without permission of the Ministry of Justice.[38]
On 23 and 24 May 2011 Istanbul Heavy Penal Court 13 heard the testimony of a secret witness code named "Efe" in the trial entitled "Wet Signature". The witness told the judges that high-profile but illegal meetings were held in Erzincan during which members of the military, businessmen and members of political parties discussed ongoing developments in Turkey. "The meetings were chaired by Cihaner. Cihaner gave orders for acts (of violence) that sought to foment chaos in society," the witness claimed. Efe, however, did not specify when the meetings took place.[39] The hearing was adjourned to 26 May 2011.[40]
In August 2011 Istanbul Heavy Penal Court 13 accepted another 92-page indictment against 22 defendants in a case entitled "Internet Memorandum" (tr: "İnternet Andıcı"). The Court issued orders to apprehend 14 defendants including the generals Nusret Taşdeler and Hıfzı Çubuklu and combined the case with the trial on the "action plan for fighting fundamentalism". The first hearing was scheduled for 12 September.[41]
On 22 July 2011 the investigations into the so called "Internet Memorandum" (tr: "İnternet Andıcı") resulted in an indictment of prosecutor Cihan Kansız that he sent to Istanbul Heavy Penal Court 13. He demanded to combine this case with the "action plan to fight reaction". The 19 defendants include 14 officers on active duty, four retired officers and a civil servant. They were charged with the attempt to overthrow the government.[42] On 8 August 2011 Istanbul Heavy Penal Court issued arrest warrants against 14 defendants and decided to combine the "Internet Memorandum" case with the "action plan to fight reaction". The first hearing was scheduled for 12 September 2011.[43]
On that day the 32nd hearing was held in the "action plan to fight reaction" case. The number of defendants in the "Internet Memorandum" case had risen to 22. A secret witness with a disguised voice sitting in a separate room was heard. The defence pointed at various discrepancies of the testimony to the initial statements of this witness. The defendant Colonel Ziya İlker Göktaş had appeared in court and was arrested.[44]
The case against board members of the Foundation for Contemporary Education (tr: Çağdaş Eğitim Vakfı, ÇEV) and the Association... started on 18 March 2011. The 342 page strong indictment lists eight defendants.[1] Among the defendants are the former chair of ÇEV, Gülseven Yaşer and Ayşe Yüksel from the university in Van and chair of the Van Association for Support of Contemporary Life (tr: Çağdaş Yaşamı Destekleme Derneği ÇYDD).[45] According to the indictment the premises of ÇEV und ÇYDD in Istanbul were searched on 13 April 2009. Several people were detained and material (mainly CDs and hard disks) were confiscated. Documents found allegedly prove the intention of the defendants to recruit new member for Ergenekon to oppose fundamentalist students.
Chief defendant Gülseven Yaşer is accused to have forced students to participate in demonstration for Ergenekon and to have threatened to cancel their scholarship.[46] The indictment alleges that 30 students supported by the foundation are members of terrorist organizations. Details on these 30 students can be found on pages 35 to 40 of the indictment. In the Turkish press the full names and the allegation that they set cars on fire can be found in many papers in Turkey.[38] Such an allegation is made for three people. Two of them were charged with "acting in the name of an organization without being a member of it" and only one person was charged as offender and is imprisoned since 2006.[38]
On 17 December 2010 ÇEV released a press statement on these allegations.[47] The new chair of ÇEV, Prof. Dr. Ahmet Altınel stated that since 1994 the foundation had provided scholarships fof more than 20,000 students. Istanbul State Security Court 3 had dealt with the allegation that the foundation supported members of illegal organizations. In 2003 the Court had acquitted them and in 2004 the Court of Cassation had confirmed the acquittal. Relating to the accusation in the press that the gendarmerie was in possession of a report on the subject the foundation had opened a case for compensation and on 16 March 2010 Ankara Civil Court of First Instance 17 had ruled in favour of the demand. The gendarmerie had informed the court that no such report (or knowledge) existed.
At the beginning of March 2011 Istanbul Heavy Penal Court 12 accepted a 34-page indictment of prosecutor Cihan Kansız charging four defendants with membership of Ergenekon.[48] The investigation related to the discovery of arms in August 2010. At places that the defendant Ulaş Özel had named arms such as a Kalashnikov rifle, several hand grenades and two Glock pistols had been found.[48] According to the indictment Ulaş Özel had been a member of TİKKO, the armed wing of the Communist Party of Turkey/Marxist–Leninist. He had become a repentant and become active for JİTEM. The defendants allegedly were in contact to leading members of Ergenekon.[48] The defendant Hüseyin Yanç reportedly was a member of Kongra-Gel, before he joined JİTEM. Defendant Okan İşgör is said to have been active for the radical Islamic organization İBDA-C.[48]
On 20 July 2011 Istanbul Heavy Penal Court 12 held the first hearing in this case. Defendant Ulaş Özel stated that he had been active for the Command of JİTEM in Elazığ region after he became a repentant. For three to four months he had been taken from prison to operations and they had received money for each person they killed. During the operations he had participated in 35 members of TİKKO and 90 members of the PKK had been killed. Following the testimony of Ulaş Özel the court issued arrest warrants for Okan İşgör and repentant PKK militant Hüseyin Yanç. Suspended police officer Yusuf Ethem Akbulut is the only defendant not in pre-trial detention.[49]
Okan İşgör stated that he had stayed in Metris Prison with members of İBDA-C for 18 months before 1999. Intelligence officers had visited him and he had provided a testimony of 400 pages. Repentant PKK member Hüseyin Yanç told the court that he had been visited by generals. One of them, Osman Eker was like a father to him.[49]
At the beginning of September 2011 Istanbul Heavy Penal Court 16 accepted the 134-page indictment relating to 14 suspects, 12 of them in pre-trial detention.[50] Most of the defendants are journalists, who were detained in February and March 2011. The charges concentrate on the Internet Portal OdaTV. owned by Soner Yalçın. The indictment accuses the defendants to be either founders, leaders, members or supporters of the "armed terror organization Ergenekon", to have incited to hatred and enmity, to have obtained secret documents etc. Ahmet Şık and Nedim Şener are charged with supporting Ergenekon.[50] The first hearing was scheduled for 22 November 2011 to be held at Istanbul Heavy Penal Court 16 in Çağlayan (Istanbul).[51]
Related to the investigations into the clandestine organization Ergenekon the Ministry of Justice announced that until November 2009 court cases had been opened against 15 journalists on the grounds of "violating the confidentiality of the investigation". The Ministry furthermore declared that since 31 July 2009 3,845 investigations had been launched against journalists. 358 trials were pending and 15 cases resulted in convictions.[52] In its 2010 report on progress for the accession of Turkey to the European Union the European Commission stated inter alias: "The high number of cases initiated against journalists who have reported on the Ergenekon case is a cause for concern. They face prosecutions and trials for violating the principle of confidentiality of an ongoing judicial process. This could result in self-censorship."[53] The footnote 17 stated: "4,091 investigations have been initiated against journalists for breaches of the confidentiality of investigations or attempts to influence a fair trial (Articles 285 and 288 of the Turkish Criminal Code), following their reporting on the Ergenekon case."[53]
In December 2009 Şamil Tayyar, author and journalist with the daily "Star" was sentenced to 20 months' imprisonment for his book "Operation Ergenekon" (tr: Operasyon Ergenekon) on the grounds that he had violated the duty to observe secrecy of an investigation and tried to influence a fair trial. Istanbul Penal Court 2 ruled that the defendant might not commit another crime and the announcement of the sentence could be suspended under the condition that the defendant is put under five years of supervision.[54]
In April 2010 it was reported that over 180 cases had been opened against the daily Vakit for reporting on the Ergenekon investigations.[55] Of these cases, 120 are related to not observing the secrecy of investigation (Article 285/1-3 of the Turkish Penal Code). In 17 cases the charges are influencing fair trial; in 30 cases the charges are insulting institutions (Article 125/3 of the Turkish Penal Code). In connection with an article on the killing of Üzeyir Garih that was allegedly committed by Ergenekon the editor-in-chief Ahmet Can Karahasanoğlu was sentenced to 15 months' imprisonment according to Article 285/1 of the Turkish Penal Code for having violated the duty to observe secrecy. The article had been published on 1 October 2008.[55] Relating to the attack of PKK militants on the gendarmerie station Dağlıca in Yüksekova district, Hakkâri Province on 21 October 2007 Bakırköy Penal Code 2 once again sentenced Ahmet Can Karahasanoğlu to 15 months' imprisonment for having violated the duty to observe secrecy.[55]
The news coordinator of the daily Radikal, Ertuğrul Mavioğlu and journalist Ahmet Şık were put on trial for a book entitled "Forty mules, forty line" (tr: Kırk Katır, Kırk Satır) on allegations of having violated the duty to observe secrecy.[56] Kadıköy Penal Court acquitted the defendants on 13 May 2011 stating that the crime had not materialized.[57]
Another reporter of Radikal, İsmail Saymaz was charged for an article of 8 June 2010 entitled "Love games at Ergenekon" (tr: Ergenekon’da Aşk Oyunu). He was accused with insult, influence of a fair trial and violating the duty to observe secrecy. The hearing was to start on 28 January 2011 at Bakırköy Penal Court 2.[58] In a separate case Erzurum Penal Court 2 decided in April 2011 not to be responsible to hear the complaint of Prosecutor Osman Şanal (who indicted the Ergenekon defendants in Erzincan) that the journalists Ali Dağlar (Hürriyet), İsmail Saymaz (Radikal) and İlhan Taşçı (Cumhuriyet) had insulted him and sent the case to Istanbul, where they should be tried for insulting a civil servant and influencing a fair trial.[59]
Radikal reporter İsmail Saymaz is charged in at least seven cases. Case 7 was launched for "violating the secrecy of an investigation" because of an article published in Radikal on 19 March 2008 entitled "The generals in their summer residences agree that Balbay is the left-wing leader". Saymaz was facing imprisonment of up to 60 years in total.[60] The first hearing of this trial was held on 3 June 2010 at Bakırköy Penal Court 2 according to Article 285 of the Turkish Criminal Code (TCK) (Violations of Communications).[60] Previously, a further six trials were filed against Saymaz for his article about the interrogations of İlhan Cihaner, detained Chief Public Prosecutor of Erzincan and İbrahim Şahin, former Deputy Head of the Special Operations Department.[60] Another reason for the prosecution of Saymaz was the article entitled "The most reckless state of Ergenekon is in Erzincan" related to the defence of former İliç Public Prosecutor Bayram Bozkurt which was sent to the Ministry of Justice. Bozkurt is tried at the Erzincan High Criminal Court under allegations of "misconduct in office".[60]
Editor-in-chief of the daily Akşam, Mustafa Dolu and former editor Semra Pelek were indicted, because they had published the testimony of Ergenekon defendant, retired General İbrahim Fırtına on 5 January 2010. Bakırköy Penal Court held hearings on 1 November 2010 and 29 March 2011. The next hearing was scheduled for 11 August 2011.[61] After previous trials against İsmail Saymaz, Serkan Ocak and Ertan Kılıç on the grounds of reporting about the Ergenekon investigation and related hearings, now Pelek and Dolu are facing heavy prison sentences as well.[62]
Kadıköy Penal Court 2 is hearing the case of Burhan Ekinci from the daily Taraf, because he published a report of Istanbul Police HQ of 13 November 2009 on the connection of defendants to the killings of Christians in Malatya. There was one hearing on 11 November 2010.[63] Among the 43 cases heard at Kadıköy Penal Court 2, 39 are directed at staff of the daily.[64]
On 1 February 2011 Bakırköy Penal Court 2 started to hear the case of Rıdvan Kaya, chair of the Association for Thought and Education Rights (short in Turkish: Özgür-Der) and the editors-in-chief of the daily Vakit, Ahmet Can Karahasanoğlu and Kenan Kıran charged with insulting civil servants, showing them as target and influencing fair trial. The case is related to their comments on the rejection to release Mehmet Haberal, but the releases of İlhan Cihaner and 14 defendants in the sledgehammer (balyoz) case. The next hearing was scheduled for 23 May 2911.[65]