Ergenekon judges requested to be tried for espionage

Continuing his defense today in the case where he is being tried by the 8th Criminal Chamber of the Court of Cassation, acting as a court of first instance, on charges of "misconduct in office, deprivation of liberty, and forgery of documents," Hüsnü Çalmuk began explaining that he was not a member of FETÖ, to which the Presiding Judge reminded him, "A decision has already been made regarding your organizational membership. That is not our case." The following dialogue then ensued:

Çalmuk: Then I shall bow my head and go to prison.

Presiding Judge: How could that be? Please substantiate the allegations in this case regarding you.

Çalmuk: Since the prosecutor considers organizational membership as a reason for increasing the sentence, should I not explain these? I was tried on fabricated allegations.

While explaining how he performed his duties as a judge, Çalmuk read the text he had prepared for a composition contest on the theme of "unity and solidarity" held while he was in prison.

In this text, Çalmuk stated that he attended Ankara Anıttepe Primary School, recounted that they went to Anıtkabir every week, and noted that he included Atatürk's 'Address to the Youth,' adding the following:

"I had adopted these principles in the Address to the Youth as my motto. With the duty Atatürk gave there, I prevented the actions of the Ergenekon defendants against the government. But the prison administration said, 'We will get into trouble,' and told me they could not enter this composition of mine into the competition."

Claiming that the Ergenekon terrorist organization existed and stating that he wanted to provide information on this subject, Çalmuk drew the reaction of both the attendees and the Presiding Judge when he began to summarize and read their 16,700-page reasoned decision.

While the Presiding Judge warned him, saying, "Do not waste our time by reading it one by one. I suppose we would need to set aside a few years to finish it. Do not read what we already know," he asked, "Is there a preface in the reasoned decision? Where were you inspired by when writing this?" Çalmuk gave the following response:

"It is a long decision; not everyone could access it. Our addressee was the Court of Cassation. If they read this, they would say, 'Ah, so Ergenekon existed.' Also, the press and others can read it. They might realize they were involved in these things without knowing it, in the name of the homeland and the flag, and say, 'I did wrong.' The entire organization did not emerge. We explained it in 19-20 pages so that they might understand and desist."

HÜSNÜ ÇALMUK CONCLUDED HIS 11-DAY DEFENSE WITH THESE WORDS:

"If a case called a 'conspiracy case' is being sought in the Republic of Turkey, let them look at the AK Party closure case. In summary, what was done is within the scope of judicial discretion. Nothing else should be sought behind it. We neither intentionally harmed anyone nor did we act with negligence."

"I DID NOT KNOW THEY WERE SUCH DEVOTEES"

Following Çalmuk's statement, the floor was opened for the plaintiffs to question the defendants. Retired Lieutenant Colonel Mustafa Dönmez, who took the floor first, provided information about the three pillars of the 11-million-page Ergenekon trial. He stated that Tuncay Güney, the rabbi, was a MOSSAD agent, that those who released Zekeriya Öz were the same ones who released him, and that the so-called Ergenekon document was a cliché text produced by the CIA, before recounting the Zir Valley conspiracy. Dönmez also noted the following:

"Despite the Supreme Court's ruling, he argued that Ergenekon existed, effectively mounting a full FETÖ defense, an organization defense, and continued his slanders. He tried to mislead your court. A decent person speaks the truth in the court where they are being tried. I did not know they were such 'shakirds' (devotees) while objecting to them in court. This was a core court. They carried out an operation to transform the General Staff and the MIT entirely under the instructions of the CIA-MOSSAD. They are an organization, they are committing character assassination. They are such an immoral, monstrous organization. I believe Mehmet Ali Pekgüzel is their imam. They need to be tried for espionage."

While Hüsnü Çalmuk and his lawyer objected to these statements by Dönmez on the grounds that they were insulting, the Presiding Judge replied, "Anyone with a complaint can apply to the Public Prosecutor's Office."

Dönmez, who requested a 5-minute break after becoming emotional while speaking about the late MIT Undersecretary Teoman Koman, asked the defendants in his continued statement who they received the transcripts of the encrypted phone calls from and what they did with the judicial seal. After Hüsnü Çalmuk said, "I request time to work on Mustafa Dönmez," he made certain allegations about Dönmez, leading to tension when Dönmez responded. Upon the Presiding Judge's instruction to remove Dönmez from the courtroom, Dönmez said, "Fine, I will not answer," while Çalmuk was heard saying, "If something happens to me, let it be known that this is the reason."

One of the plaintiffs, İbrahim Özcan, recalled Çalmuk's statement that the then-Minister of Justice Sadullah Ergin had ensured that computers were provided to the Ergenekon court from an open prison, stating that this constituted the crime of military espionage, and that if the Minister of Justice provided them, he also committed a crime.

"I WISH WE HAD NOT HEARD THE ERGENEKON CASE"

To İbrahim Özcan's question, "What did they discuss with the then-Minister of Justice Sadullah Ergin, and what instructions did they receive?", defendant Hüsnü Çalmuk replied, "No one can give us instructions, and we do not take instructions from anyone. We have never been a court so helpless as to take instructions. That is my answer," while Hasan Hüseyin Özese stated the following:

"The 13th High Criminal Court is a court established according to the Constitution and the laws, and it existed before Ergenekon. I wish we had not heard this case. Tuncay Güney told some things. These were sent to the MIT. After examining them for 1-1.5 years, the MIT concluded they were serious and sent them to the Prime Ministry and the General Staff. No action was taken. They sent them again in 2006, and still, nothing was done until the Council of State attack and the bombs found in Ümraniye. Ergenekon is a case that was heard in accordance with the ordinary flow of life. I looked at the case legally. I did not take instructions from anyone. Neither I nor Ergenekon have any connection with FETÖ/PDY."

İbrahim Özcan then posed his second question as follows:

“The defendant says, ‘They were going to shut down the AKP, we prevented it.’ He is casting suspicion on people. Is this the duty of a court? Who gave this duty? The defendant also stated that the government supported them. Who from the government supported you, who gave you this duty? Was it Abdullah Gül, Bülent Arınç, or Mehmet Ali Şahin? In that case, you held us hostage against the AKP.”

After stating that he would answer this question by opening old files, Hüsnü Çalmuk claimed that the statements in question did not belong to him, but were mentioned in the declarations of the then-Head of the 1st Chamber of the HSYK, İbrahim Okur, and that he was merely reading them.

The trial will continue on April 15 with the defenses of the other defendants.

News Source: 12punto