Money laundering case: No release for Bora Kaplan… House arrests lifted…

The trial of Bora Kaplan, who was sentenced to 68 years in prison on charges of being a criminal organization leader, continued regarding the case of “laundering assets derived from crime in a chain manner within the scope of organizational activities.” Bora Kaplan, who connected to the hearing via SEGBİS from İzmir Prison, stated that he had applied multiple times to be present in person at the hearing but received no response, declaring, “I believe my right to a fair trial has been violated. For this reason, I wish to leave.” He then left the hearing.

The hearing for the case, which involves 38 defendants—three of whom are in custody and six of whom are fugitives—was held at the Sincan Prison complex by the Ankara 77th Criminal Court of First Instance, with a substitute judge presiding.

At the beginning of the hearing, Bora Kaplan, who connected via SEGBİS, left the proceedings because he was not brought to the courtroom in person. Meanwhile, his lawyers criticized the MASAK report, explaining that an expert report had been requested due to deficiencies and errors in the MASAK report, but that this report had not yet arrived. They requested that Kaplan be released from this file and that the decision to appoint trustees to his companies be lifted.

Recalling that the police officers involved in the Bora Kaplan investigation are themselves on trial, the lawyers stated, “We believe this investigation was initiated with malicious intent and for the purpose of seizing his companies.”

Noting that Bora Kaplan was acquitted of the charge of plunder in the case at the 32nd High Criminal Court, the lawyers argued that the court was committing a crime by continuing the detention and trustee measures despite this.

Uğur Ulutaş, the lawyer for detained defendant Fethi Koyuncu, who did not attend the hearing, also noted that his client was tried for being an organization leader at the 32nd High Criminal Court but was sentenced for being an organization member, and that he had no connection to Bora Kaplan's companies, requesting an end to his detention.

Mehmet Cebeci, the lawyer for detained defendant Saruhan Yıldız, pointed out that even payments made to an auto mechanic were being presented as money transfers.

''I HAVE BEEN REDUCED TO BEGGING FOR BREAD''

Barış Kurt, one of the defendants subject to house arrest as a judicial control measure, stated that he had been under house arrest for 3 months after 9 months of detention, saying, “They say the organization was established in 2016. I was acquitted of organization membership. But even my father's inheritance was seized. I have been reduced to begging for bread. I cannot work. I am very overwhelmed by house arrest.”

When Kurt's lawyer, Muhammet Hardalaç, asked the substitute judge, “Since you are not just going through the motions, you must have a desire to do something. But what will we do if you cannot lift the judicial control?” the Judge replied, “What we are doing is not a favor. We will not restrict the right to defense; we will make a decision based on the file.”

When the lawyers criticized the fact that requests were being taken before the prosecutor's opinion was asked, the Judge said:

“I am entering this file for the first time. I am listening in summary form because I do not know it. I will take the opinion after that.”

''I HAVE STARTED TO MISS PRISON''

Other defendants under house arrest, Cemil Kumaşçıoğlu, Ersoy Yahya, and Hasan Çalış, along with their lawyers, requested that the house arrest and the measures placed on their assets be lifted, while Hıncal Alper Tansu said:

“I was in detention for 9 months, now I am under house arrest. Believe me, I have started to miss prison. In prison, they gave me my food. Now I am staying at my father-in-law's house like a live-in son-in-law. Change the house arrest to a signature requirement.”

Upon this, the Judge asked, “How will you work with a signature requirement?” Tansu replied, “I will sign and work until the evening.”

Tansu's lawyer, Eren Turan, recalled that the court's request for consolidation was rejected by the 32nd High Criminal Court, which oversees the organization case, on the grounds that “no predicate offense was detected,” and that it was ultimately decided that the predicate offense had not been committed, stating, “After this decision, both the measures and the judicial controls should have been lifted without waiting for this hearing.”

''I CANNOT GIVE MY CHILD MONEY FOR A SIMIT''

Defendant Ozan Can Yıldız explained that he is an engineer with 400 employees, 82 of whom are engineers, but that he has not been able to pay his insurance for 20 months, cannot pay his internet bill, and has been abandoned to civil death, while Tansel Aktan said, “I am not in a position to give my child money for a simit. I have to work. Let the house arrest be changed to a signature requirement.”

After the statements were completed, the Prosecutor requested that the detention and judicial controls of the defendants and the measures on the companies continue due to the fact that the expert report had not yet been prepared, and also requested that the measures placed on the pensions of Erhan Aslan and Murat Abaz be lifted.

After a 1-hour break, the Judge announced that the detention of Bora Kaplan and Fethi Koyuncu would continue, that Saruhan Yıldız would be released with 3 months of house arrest, that other house arrests would be lifted with judicial control involving signatures and a travel ban, and that the measures on the pensions of Erhan Aslan and Murat Abaz would be lifted while other measures would continue.

The hearing was adjourned to May 20.

Müyesser YILDIZ

February 25, 2025