A historic reminder from Attorney Ersan Barkın: Erdoğan once said, 'This state is the state that covered up the Hablemitoğlu assassination'

Attorney Barkın stated, "This incident brings to mind the definition once used by the then-Prime Minister and current President, Mr. Erdoğan, who said, 'This state is the state that covered up the Hablemitoğlu assassination.'"

In the case heard at the Ankara 28th High Criminal Court, after an expert witness identified three individuals suspected of tailing Assoc. Prof. Dr. Necip Hablemitoğlu while he was shopping at a Migros store on the day of the assassination, and matched these individuals with those who attended Hablemitoğlu's conference in Eskişehir on December 14, 2002, the Court wrote to the Chief Public Prosecutor's Office twice requesting the identification of these persons.

The first request resulted as follows:

Zafer Ergün, who prepared the indictment and also served as the prosecutor for the trial, issued a "Decision of Non-Prosecution," stating that "the trial must be conducted in accordance with the evidence identified in the indictment regarding the defendants and the evidence to be identified during the trial," while also claiming that this criminal complaint was an attempt to "drag out the case."

Following an objection by the Hablemitoğlu family's lawyer, Ersan Barkın, the Ankara 9th Criminal Judgeship of Peace overturned this decision on the grounds that it was "based on an incomplete investigation," leading the Court to request for a second time that the Ankara Chief Public Prosecutor's Office identify the suspects "urgently."

However, Prosecutor Zafer Ergün once again issued a "Decision of Non-Prosecution."

An Ultimatum-Like Objection

The matter was discussed extensively in today's hearing, as we reported, but we would like to draw attention to another important development.

Attorney Ersan Barkın did not stop at voicing his reaction in court; he filed an objection to the Ankara Chief Public Prosecutor's Office with an ultimatum-like petition, demanding that the decision of non-prosecution be overturned and the investigation be reopened.

In his petition, Attorney Barkın noted that the decision of non-prosecution was taken in such a short time that it did not allow for the possibility of attempting to use all technical and intelligence resources, and stated the following:

"The decision states that there was no concrete evidence to identify the identities of those who made card payments at the Migros market where the victim was shopping on the day of the incident, that no similarity could be found between these individuals and those in the conference recordings, and that there were no security measures planned by the General Directorate of Security at the conference. However, it is noteworthy that the identities of those who did not pay by card at the Migros market could not be determined, and that the matching of individuals in the market and conference recordings could not be performed due to low resolution, and that necessary intelligence support was not obtained. It is not legally appropriate to issue a decision of non-prosecution in the investigation file without addressing these deficiencies."

Stating that for these reasons the decision of non-prosecution should be overturned and the investigation should continue, Attorney Barkın continued as follows:

"The investigation was conducted solely based on those who made purchases with credit cards. However, when the camera recordings are examined, it is seen that the 3 individuals identified as suspects pass through the checkout quickly. This shows that the suspects did not use credit cards for their purchases and made cash payments. Furthermore, it is not consistent with logic to expect individuals involved in an assassination that would take place shortly after to use credit cards in a shopping center full of security cameras in a way that would lead to their identification. For this reason, it is clear that no matter how serious an examination is conducted on those who used credit cards, it will not contribute to the resolution of the assassination, and it is unacceptable for the investigation to be limited to this research. Moreover, although it was reported that security forces did not take preventive measures in the conference hall, considering that the conference camera frequently framed the audience, almost never turned to the speaker Necip Hablemitoğlu, that individuals were recorded by focusing from far to near, and that the people the expert identified as potential suspects were the very people the camera focused on at the very beginning of the video recording, it is clear that the existing recordings in the file were made by the Security Directorate or another public institution. On the other hand, the letter from the Counter-Terrorism Department stating that the individuals could not be identified also demonstrates a neglect of public duty regarding the will to solve the Hablemitoğlu assassination."

To Keep Faith Alive

Emphasizing that, considering the statements of the most authorized representatives of the Ministry of Interior, it is unacceptable to conclude that the Turkish state lacks the means to identify the suspects determined by the expert, Attorney Barkın concluded his petition with these striking messages:

"This incident brings to mind the definition once used by the then-Prime Minister and current President, Mr. Erdoğan, who said, 'This state is the state that covered up the Hablemitoğlu assassination.' The Turkish state is not a state devoid of the power to find 3 people whose images are clearly visible. On the contrary, the technical capabilities and state memory possessed by the state could easily ensure the identification of the people present in the conference hall. At the very least, this is what we expect from the Republic of Turkey in a file investigating the murder of a Republican intellectual who dedicated his life to the state ideal and whose life was taken for this reason. Closing the investigation in this state will cause this faith to fade."

Müyesser YILDIZ

June 27, 2025