12punto follows minute-by-minute: Prosecutor presents final opinion in Ayhan Bora Kaplan trial

In the Ayhan Bora Kaplan trial, which has lasted approximately 6 months, the prosecutor presented their final opinion, requesting that Bora Kaplan and Fethi Koyuncu be sentenced to aggravated life imprisonment and over 110 years in prison for crimes including "establishing and managing an armed organization, intentional homicide and injury, torture, blackmail, and deprivation of liberty." In the trial with 61 defendants, the prosecutor expressed the opinion that 43 defendants should be sentenced for membership in an organization, while requesting the acquittal of 16 defendants.

Before the prosecutor presented their final opinion at the 20th session of the Bora Kaplan trial, which is being heard at the Ankara 32nd High Criminal Court—the same court handling the Sinan Ateş trial—some defense attorneys requested to speak. However, the presiding judge rejected the requests, stating, "Only the prosecutor will speak today."

Summarizing their 150-page opinion in a half-hour reading, the prosecutor first announced which articles of the Turkish Penal Code (TCK) they wanted the defendants to be sentenced under. Then, regarding 10 separate incidents, they listed the sentences envisioned for some of the defendants individually, as well as the names for whom they requested acquittal for the crimes in question. Due to this situation, which made the opinion difficult to follow, the presiding judge intervened and asked, "You are requesting sentencing for Bora Kaplan, Fethi Koyuncu, and Tansel Aktan in Incident C, is that correct?" Upon the prosecutor's response of "Yes," the judge remarked, "It is understood that way when you read them all together."

In the final opinion, the prosecutor requested one count of aggravated life imprisonment for Bora Kaplan and Fethi Koyuncu for "establishing and managing an organization" along with the murders of Mahfuz Tatar and Semih Arslan, and over 110 years of imprisonment for other crimes, while requesting that the other 43 defendants be sentenced for membership in an organization and that 16 defendants be acquitted.

The prosecutor also expressed the opinion that the files concerning Serdar Sertçelik, who is detained in Hungary, and Muhammet Sağ, who is abroad, should be separated and these cases should be heard under a new case number.

It was also notable that the prosecutor requested the arrest of 4 defendants upon the verdict, whose continued detention had been ordered at the September 16 hearing but who were later ordered to be released by the 33rd High Criminal Court following an appeal. It should be noted that the President of the 33rd High Criminal Court, Hasan Şatır, who ordered the releases in question, was assigned to the Court of Cassation Prosecutor's Office for 4 months as of yesterday by the Council of Judges and Prosecutors (HSK), and the senior member was appointed to another court.

Announcing the interim decision after the final opinion, the presiding judge ordered the continued detention of the incarcerated defendants and adjourned the hearing to November 11-15 for the defendants and their lawyers to present their defenses against the final opinion.

SENTENCES INITIALLY REQUESTED

Following Bora Kaplan's detention at Esenboğa Airport in September 2023, an indictment was completed in early January and accepted by the 32nd High Criminal Court, leading to a trial against 61 defendants, 28 of whom were in custody.

In the indictment, two life sentences, one of which was aggravated, and 169 years in prison were requested for Bora Kaplan, Fethi Koyuncu, Mutlu Ayaş, Yusuf İzzet Savaş, Kanber Keskin, and Serdar Sertçelik, while various prison terms were requested for the other 55 defendants.

During the trial process, which began on April 15 and was completed in 19 sessions, a total of 14 defendants were released.

CASES EMERGED FROM WITHIN THE CASE

Many remarkable events also took place during the Bora Kaplan trial.

First, it was alleged that this case targeted former Interior Minister Süleyman Soylu and his team at the Ankara Police Department.

A lawsuit was filed against some police officers who served in the Ankara Police Department during the Süleyman Soylu era, whom Kaplan accused of demanding bribes from him. The trial of these police officers also began today.

It was alleged that past files regarding Kaplan were closed by the then-Ankara Chief Public Prosecutor, now a member of the Court of Cassation, Yüksel Kocaman.

It was revealed that one of the defendants in the case, Serdar Sertçelik, was also the secret witness codenamed "M7" and that he fled abroad while under house arrest. Another secret witness, codenamed "Ü5," also retracted their testimony, stating it was "taken under duress and pressure."

After the statements made by fugitive defendant Serdar Sertçelik from abroad, such as "The police asked me to give the names of some AKP members," MHP Leader Devlet Bahçeli, a partner in the People's Alliance, compared the Bora Kaplan case to the "December 17-25 police and judiciary-backed coup attempt." Following this, the police officers who conducted the Bora Kaplan operation and investigation were suspended and arrested. As the Bora Kaplan trial nears its end, the trial of the police officers, who were released after 4 months of detention, continues.

Müyesser YILDIZ

October 11, 2024