Prosecutor again seeks convictions in February 28 'Revenge Case'

Following the Court of Cassation 3rd Criminal Chamber's reversal of the verdicts in the February 28 conspiracy case for 16 defendants, the prosecutor, in the retrial ongoing since 2021, submitted their final opinion. The prosecutor requested that 14 defendants, including former Higher Education Council (YÖK) President Prof. Dr. Kemal Gürüz, be convicted of aiding a coup, and that the cases of two defendants who passed away during the trial process be dropped. Defense attorney Ali Fahir Kayacan stated that the February 28 case is a "prestige and revenge" case for some, adding, "It is not mandatory to comply with the Court of Cassation's decision, but unfortunately, we cannot expect this in Turkey's current environment."

In the February 28 case, which involves 103 defendants and was opened shortly after the death of Refah-Yol Government Prime Minister Necmettin Erbakan and openly championed by the AKP, a 6-year trial resulted in life sentences for 21 individuals, including former Chief of General Staff İsmail Hakkı Karadayı, Second Chief Çevik Bir, Çetin Doğan, and former YÖK President Prof. Kemal Gürüz, while the files of 12 defendants were dropped due to the statute of limitations. The Ankara Regional Court of Justice upheld these decisions in their entirety.

However, in July 2021, the Court of Cassation 3rd Criminal Chamber upheld the life sentences for 14 defendants while overturning the sentences given to former Naval Forces Commander Hayri Bülent Alpkaya, former General Staff Legal Advisor Muhittin Erdal Şenel, former YÖK member Erdoğan Öznal, and the case's only civilian defendant, Kemal Gürüz, on the grounds that their actions fell under the scope of "aiding a crime." In addition to these 4 defendants, the Court of Cassation also 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 cases had previously been dropped or resulted in acquittal due to the 10-year statute of limitations—be convicted of aiding a coup.

During the retrial process that began at the Ankara 5th High Criminal Court for the 16 defendants, Şevket Turan and İzzettin İyigün passed away. The defendants and their lawyers requested an expansion of the prosecution, explaining that the judges and prosecutors who conducted the investigation and trial of the February 28 case, as well as Tamer Tatar, who provided the alleged evidence, and the expert witnesses, turned out to be members of "FETÖ."

While these requests were rejected, the prosecutor submitted their final opinion at the hearing on June 20, 2022, requesting compliance with the Court of Cassation's ruling. The hearing was adjourned until November for defense statements against the opinion.

However, at the November hearing, the Court accepted numerous requests from the defense attorneys, primarily for expert examination of the alleged evidence, effectively expanding the prosecution.

'PRETENDING TO HOLD A TRIAL'

In today's hearing of the case, the prosecutor submitted their final opinion for the second time, requesting that the defendants be convicted of "aiding a coup" and that the files of the deceased Şevket Turan and İzzettin İyigün be dropped.

When asked for their statements against the prosecutor's opinion, the defendants requested time for their defense. Attorney Mehmet Sever explained that a photocopy of the minutes regarding a meeting allegedly held at the General Staff on April 7, 1997, was reported to have been found in an executive officer's office in 2013, and that the executive officer, Deniz Ay, and General Staff security officer Gökhan Eski were convicted for "FETÖ" and the July 15 coup attempt. He requested an investigation into whether these two individuals had the authority to enter that office.

Pointing out that the opinion was submitted before a rejection decision was made regarding the requests to expand the prosecution, Attorney Aykanat Kaçmaz stated that he felt a guilty conscience and sadness on behalf of the law due to this opinion, despite them having presented all the evidence regarding the conspiracy. He remarked that it was a trial conducted just for show, as if they were "pretending" to hold a trial.

THEMIS IS WEEPING

Retired military judge and attorney Ali Fahir Kayacan, who served in martial law courts in the past, stated that tears were streaming from the eyes of Themis, the symbol of justice, and said:

"One of the examples of this is this case. A photocopy document that appeared 15 years later is being relied upon. Whatever happened, happened at the Court of Cassation. Because this case is a prestige and revenge case for some. It is not mandatory for you to comply just because the Court of Cassation said so. But unfortunately, we cannot expect this in Turkey's current environment."

Attorney Çağrı Şenel also requested a new opinion that clarifies which defendant committed which crime and on what date.

After a short recess, the Presiding Judge announced that the requests to expand the prosecution were rejected and adjourned the hearing to October 6 for the defendants and their lawyers to present their defenses against the final opinion.

Müyesser YILDIZ

May 5, 2025