Journalist and 12punto columnist Müyesser Yıldız reports from the General Staff 'Main Case': 'If the Minister of Justice were Japanese, he would have committed suicide'

Members of the so-called Peace at Home Council, who are being tried on charges of being responsible for those martyred during the July 15 coup attempt, have requested a retrial, claiming that the coup case has collapsed following the decision by the United Nations Human Rights Council Working Group on Arbitrary Detention for the immediate release of Akın Öztürk—who is identified as the number 1 of the coup—and the Supreme Court of Appeals' finding that the "Peace at Home Council does not exist." Former Brigadier General Hakan Evrim, the Akıncı Air Base Commander at the time, also stated that the UN's decision on Akın Öztürk told the Republic of Turkey that "the trial you conducted is not fair and is unlawful," adding, "After this report, if the Minister of Justice were Japanese, he would have committed suicide."

The trial regarding the file separated from the General Staff Main Case concerning 108 witnesses continued. In today's 7th session of the case, heard by the Ankara 17th High Criminal Court at the Sincan Prison Campus, the Presiding Judge announced that the Supreme Court of Appeals process for the General Staff Main Case, which was treated as a preliminary issue, had resulted in partial approval and partial reversal, that the file had arrived, and that the General Directorate of Security had requested to join the case, before asking the Prosecutor for their opinion. The Prosecutor requested that the outcome of the cases where the primary perpetrators of the July 15 martyrs are being tried be awaited.

The Presiding Judge stated that this was the first hearing for the new panel and that therefore only requests would be taken, and gave the floor to the defendants.

Defendants Ahmet Özçetin, Ali Osman Gürcan, and Sinan Sürer pointed out that their trials are ongoing, but that they cannot benefit from detention rights because they have been convicted in the General Staff Main Case.

''I COULD NOT EXPLAIN MY TROUBLE TO TURKISH COURTS''

Former Air Force Commander and Supreme Military Council (YAŞ) member Akın Öztürk, who was sentenced to 141 aggravated life sentences on the allegation of being the number 1 of the coup, but for whom the United Nations Human Rights Council Working Group on Arbitrary Detention requested immediate release in recent months on the grounds that he was "detained arbitrarily and without reasonable suspicion, was not tried fairly, and was subjected to torture and ill-treatment," spoke as follows:

“It has been 8.5 years. Since my statement to the prosecutor's office, I have always told the same things. On July 15, I went to Akıncı Air Base at the phone call and request of the then Air Force Commander Abidin Ünal. He himself also stated that he made the request. When I called Akıncı before going, I was told that Chief of General Staff Hulusi Akar was there and waiting for me. That night, I only followed the orders of Hulusi Akar. Hulusi Akar also stated in his press release that he had assigned me. But then these were retracted, and this matter was left to me. My name was not on the first Peace at Home Council list that came out; it was added later. By virtue of my rank, I became the council president. Throughout the trials, no one asked me, 'What is the Peace at Home Council, what does it do?' In fact, the previous Presiding Judge also said that there was no Peace at Home Council. For 8.5 years, I could not explain my trouble to Turkish courts, but the UN Working Group on Arbitrary Detention made a decision about me. I know the state of law in our country, but some fears have passed. Please, in order to save yourselves in the supreme court, make a decision in accordance with your knowledge and justice.”

Muhsin Kutsi Barış, the then Commander of the Presidential Guard Regiment, also drew attention to the UN's Akın Öztürk decision and said, "Although this decision is very important, the 'three monkeys' are being played; it is being ignored, unheard, and unknown. This is a decision taken at the highest level regarding these coup cases. If Akın Öztürk is not the number 1 of the coup, what kind of coup is this? Isn't there a state of disorder?"

IF IT WERE LIKE THE FOREIGN REFEREE PRACTICE IN FOOTBALL

Another defendant who pointed to the UN's Akın Öztürk decision was the then Akıncı Air Base Commander, former Brigadier General Hakan Evrim. Evrim said the following:

“Actually, before that decision, we had already debunked this indictment. God willing, those who did these things will come here and be tried. In football, it is said, 'Let an independent and impartial referee manage it'; if the same practice were in this trial, it means it would have produced such a result. After this decision of the UN, if the Minister of Justice or Oğuz Dik (the former president of the court) were Japanese, they would have committed suicide. With this decision of the UN, it was said to the Republic of Turkey, 'The trial you conducted is not fair and is unlawful.' After the conviction decision, Oğuz Dik was made a member of the Supreme Court of Appeals. For now, his business is good in this world, tomorrow God is merciful. Torture, inhuman treatment, the trial; it will return as both imprisonment and compensation. I hope those who judge us have a lot of money or are saving money.”

Explaining that during the trials 2-3 years ago, a retired non-commissioned officer who was a member of SADAT said, "Before July 15, we were taken to the Mamak Mechanized Brigade and received tank training. On July 15, we took tanks from there and committed acts we did not want to, I apologize," and that he requested that this person be brought to the hearing and heard before being executed, but the Presiding Judge did not find it necessary, Evrim said, "The ball is in your court. Please take that person's statement before he is killed."

Reminding that the statement of the then Chief of General Staff Hulusi Akar was taken in a session where they were not present, Hakan Evrim noted the following:

“In the file for the extradition request regarding Fetullah Gülen, Hulusi Akar's statement, 'Hakan Evrim said, 'Let us have you meet with our opinion leader Fetullah Gülen,'' was included. Why was I not questioned in an environment where I and my lawyer were present? I am innocent, I am not a terrorist. I was tried in both the General Staff Main Case and the Akıncı case. I am here because of the fabrication of the Peace at Home Council, even though I had no business at the General Staff and had no communication with anyone here. The Supreme Court of Appeals also decided that there is no such council. I was not tried fairly, judge us properly.”

''THERE IS NO 'SAYIN' (RESPECTED) FOR HULUSI AKAR''

One of the defendants, the then Commander of the Çiğli Main Jet Base, former Major General Kubilay Selçuk, stated that he did not accept fabricated words like "FETÖ member" and that they were subjected to a political coup trap on July 15, and continued as follows:

“On July 15, I was with Hulusi Akar, there is no 'sayin' (respected) for him, all night long. I invited Akar as a witness, he did not come. Even though I carried out the orders he gave, I was not taken to his statement in the special session. He was not asked, 'What do you say about this man?' As long as you do not bring him here as a witness, you are not in a position to make a decision about me. After July 15, the children of this country were taken from their institutions. Since that day, excuse me, the country has been collapsing on its backside. You look at where the country is going, who you are serving, and please pull yourselves together.”

Osman Kılıç, a former staff colonel who was on duty at the General Staff Private Secretariat during the coup attempt, also argued that the Peace at Home Council turned out to be imaginary and asked, "Since the indictment has collapsed with this, and Akın Öztürk being number 1 has collapsed with the UN's decision, what are you still trying?"

THE ÖCALAN EXAMPLE

After the defendants, the requests of their lawyers were taken.

Ayşe Nesibe Yazar, the lawyer for former staff colonel Fırat Alakuş, the commander of the Special Forces Command (ÖKK) team alleged to have seized the commanders at the General Staff Headquarters, and Kemal Çetinkaya, the lawyer for Muhsin Kutsi Barış, reported that they had difficulty meeting with their clients because they were convicts, and requested that Alakuş and Barış be arrested.

Lawyer Kemal Çetinkaya also reminded that the defendants were sentenced to aggravated life imprisonment hundreds of times on the grounds that they were executives and that compensation lawsuits were filed against them, and said the following:

“I wonder if the leaders of other armed terrorist organizations also received additional punishment because they were executives? For example, it is said that the PKK leader is responsible for the deaths of 50 thousand people; but he was sentenced to a single aggravated life imprisonment. I request that it be checked in how many cases aggravated life imprisonment was given for all organizations and whether compensation lawsuits were filed against them.”

Akın Öztürk's lawyer Dilara Yılmaz explained the UN's decision and requested an immediate acquittal for Öztürk. Lawyer Yılmaz also noted that they requested a retrial in the General Staff Main Case and that this case cannot be heard until the violations identified by the UN are remedied.

Ayten İzmirli, the lawyer for former brigadier general Mehmet Partigöç, whose name was on the so-called coup declaration, also requested that the decision made by the UN for Akın Öztürk be extended to all defendants and that they first be released and then acquitted.

After the break, the Presiding Judge announced that the General Directorate of Security's request to join was rejected because it was not directly harmed, and that it was decided to ask about the fate of the cases where the primary perpetrators of the July 15 martyrs are being tried. The Judge also announced that the retrial request would be evaluated in the General Staff Main Case, which will begin to be heard again next week, and that the defendants' arrest requests were rejected and the hearing was adjourned to September 10.

Müyesser YILDIZ

April 14, 2025