February 28 Case: A defense to the 'death'!..

As a nation, we are discussing and experiencing lawlessness and injustices, and we are stunned by a new decision every single day.

Here is what has happened in the last week: The re-arrest of the critically ill Ayşe Barım in her hospital room following an objection after she had been released... The continued detention of journalists Furkan Karabay and Fatih Altaylı... The arrest of retired Colonel Orkun Özeller, who opposed the 'opening' (solution process), and not only his arrest but his transfer from the Army Prison to Silivri without notifying anyone.

Of course, all these lawless acts are not just today's issues; their foundations were laid years ago. Now, just like cutting corners on construction materials, even the most fundamental rights are being disregarded as illegal floors are added on top of those foundations.

One of the cases where the book of lawlessness was written is the infamous February 28 case.

In the case opened 15 years after February 28—and by sheer coincidence, immediately after the passing of Necmettin Erbakan, the Prime Minister of the Refah-Yol Government—the General Staff of that era was brought before judges in the twilight of their lives on charges of staging a coup against the government.

The problem was not that they were being tried, but how, with what, and by whom they were being tried. It turned out that the informant, those who conducted the investigation and prosecution, and those who prepared the expert reports were all "FETÖ" members, and that a large portion of what was called "evidence" was fake; yet, the AKP continued to stubbornly claim ownership of the case. The opposition, meanwhile, stayed away as if it were "taboo."

Let us first recall what happened and what is happening in this case, where 103 names are being tried and which has been going on for exactly 13 years.

As a result of a 6-year trial, in April 2018, 21 individuals—including the Chief of General Staff of the era, İsmail Hakkı Karadayı, Second Chief Çevik Bir, Çetin Doğan, and the only civilian defendant in the case, former YÖK President Prof. Kemal Gürüz—were sentenced to life imprisonment. It was decided that the files of 12 defendants would be dropped due to the statute of limitations, and others were acquitted.

These decisions, which were upheld by the appellate court, were overturned by the 3rd Criminal Chamber of the Court of Cassation in June 2021.

While the Court of Cassation upheld the convictions of 14 of the 21 defendants sentenced to life imprisonment (in the meantime, İsmail Hakkı Karadayı, Vural Avar, and Çetin Dizdar passed away), it concluded that other defendants, such as former Naval Forces Commander Hayri Bülent Alpkaya, the General Staff Legal Advisor of the era Muhittin Erdal Şenel, and former YÖK member Erdoğan Öznal, as well as Kemal Gürüz, should be tried not for the coup itself, but for aiding the coup.

Similarly, it requested that Orhan Yöney, Şükrü Sarıışık, İzzettin İyigün, Kamuran Orhon, Köksal Karabay, Altaç Atılan, Ersin Yılmaz, Şevket Turan, Yücel Özsır, Metin Yaşar Yükselen, Refik Zeytinci, and İbrahim Selman Yazıcı, whose files were dropped and who were acquitted due to the 10-year statute of limitations, also be punished for aiding the coup.

Following this reversal decision by the Court of Cassation, the retrial of 16 defendants began at the Ankara 5th High Criminal Court on November 22, 2021.

However, in the meantime, retired Major General Şevket Turan passed away on August 24, 2022, retired Lieutenant General İzzettin İyigün on October 8, 2022, and retired Lieutenant General Kamuran Orhon on November 13, 2023.

To date, 12 hearings have been held in the case. In the last hearing on May 5, the Prosecutor, presenting his final opinion on the merits, requested that the Court of Cassation's ruling be complied with, meaning the defendants should be punished for "aiding the coup."

In the 13th hearing to be held today, the defenses of the defendants and their lawyers against this opinion will be heard.

DESPITE HEALTH PROBLEMS, DUE TO THE OBJECTION OF A "FETÖ" PROSECUTOR

Before drawing attention to the prosecutor's final opinion and a significant absurdity in the Court's decision, let us remember retired Lieutenant General Kamuran Orhon, who was the Head of Logistics for the General Staff during the February 28 period.

Retired Colonel Alican Türk, one of the names who remained in prison for a long time in the February 28 case but was ultimately acquitted, recounted the following in an article he wrote about him:

"Kamuran Pasha was detained on May 28, 2012, in the 5th wave of detentions that continued in waves... While all other commanders were arrested at the end of the interrogation, Teoman Koman and Kamuran Orhon Pashas were initially released due to 'serious health problems,' but when the 'FETÖ' prosecutor Mustafa BİLGİLİ, who initiated and conducted the investigation, objected to their release, an arrest warrant was issued for them again. Learning of the arrest warrant upon returning home, the two commanders went to the prosecutor's office voluntarily on June 3, 2012, surrendered, and were placed in Sincan No. 1 F-Type Prison. Kamuran Pasha, who stayed in the same ward as Teoman Koman and Kenan Deniz Pashas in Sincan, was a kidney patient and needed to undergo dialysis frequently. When he was referred to the hospital, an intracath (vascular cannula) had been inserted into his wrist so that there would be no need to open a vein every time. Despite this, he was kept in prison for 15 months in that condition. The situation of Teoman Koman Pasha in the same ward was much worse; he could barely walk... In fact, since he could not climb to his bed on the upper floor, a bed had been prepared for him on the lower floor of the ward. With the situation like this, both commanders were imprisoned on 'suspicion of flight,' can you believe it?"

One of those who visited Kamuran Orhon while he was in Sincan Prison, before he was released on September 5, 2013, to be tried without arrest, was the then-Mayor of Seferihisar, Tunç Soyer, who is currently in prison himself. In a letter he sent to the people of Seferihisar through Soyer following this visit, Kamuran Orhon said, "I served my country honestly for 50 years at the expense of my health, complying with laws and regulations. But in return, I was sent to prison for a matter I had no connection to or knowledge of, and I have been here for 11 months. I want you and all the people of Seferihisar to know that I have been subjected to a great injustice. I am waiting with great patience for this injustice to be remedied."

After Orhon's release, Tunç Soyer also made the following statement:

"We had a deep wound that had been bothering us for a long time. How happy it is that he regained his freedom today. I hope we are never forced to experience such events again," he said.

CAN THE DEAD PRESENT A DEFENSE?

We mentioned above that defendants Şevket Turan and İzzettin İyigün passed away in 2022, and Kamuran Orhon on November 13, 2023.

Now let us come to the absurdity. The prosecutor said in his final opinion on the merits, which he submitted last May 5;

"Although it is seen that a public lawsuit was filed for the punishment of defendants Şevket Turan and İzzettin İyigün regarding the alleged crimes and their trials continued in our court, according to the content of the population registration records in the file, it is seen that defendant İzzettin İyigün died on 08.10.2022 and defendant Şevket Turan died on 24.08.2022, therefore the case filed against the defendants should be dropped separately due to death..."

What about Kamuran Orhon, who passed away 1.5 years ago?..

He must not have checked the records at all, as he requested that he be punished for "aiding the coup" in accordance with the Court of Cassation's ruling!..

The court also unanimously, saying "it has been decided accordingly," gave time until today's hearing for "the defendants and their lawyers to present their defenses against the final opinion on the merits."

IF HIS FAMILY HAD ALLOWED IT

After that opinion, his lawyer Aykanat Kaçmaz was going to present the defense of the late Kamuran Orhon, as well as his other clients Metin Yaşar Yükselen and Hayri Bülent Alpkaya, at today's hearing, just to strikingly reveal the state of the judiciary, and after his defense was finished, he was going to emphasize that he had presented the defense of someone who had passed away.

However, the late Orhon's family did not want this. Therefore, Attorney Kaçmaz will only state today that his client has passed away and will request that the case against him be dropped.

Let us end with another section from retired Colonel Alican Türk's article about Kamuran Orhon.

In one of their conversations in prison, the late Orhon, rebelling against what was done to both himself and Teoman Koman, said, "They have no conscience, no fear of God in them. They will kill us here," and said that he would never forgive those responsible.

After the Court of Cassation's reversal decision, he left a will to his relatives, saying, "I will not be able to see the end of this case, but do not give up on the injustices that I and my friends have been subjected to.”

Indeed, he could not see the end of the case. If he had, he would most likely have gone back to prison after the age of 85.

We are in such a bottomless pit!..

Müyesser YILDIZ

October 6, 2025