Bora Kaplan trial – Presiding Judge: If no one shows up, we will close up shop

Müyesser YILDIZ 12punto.com.tr

The hearing of defense statements against the prosecutor's opinion in the Ayhan Bora Kaplan criminal organization trial continued. The Presiding Judge announced that the trial would also proceed over the weekend.

At the start of today's session of the trial, held by the Ankara 32nd High Criminal Court at the Sincan Prison complex, the Presiding Judge entered into the record that Bora Kaplan had read all the reports and testimonies in the file during yesterday's hearing, but then stated he did not wish to present a defense despite the panel's desire to proceed. The judge noted that the hearing began at 09:40 today because Kaplan had gone to the infirmary due to a stiff neck, and announced the decision to continue the trial over the weekend and to revoke the defendants' exemptions from attending hearings.

Before beginning his defense, Bora Kaplan objected to this information entered into the record as follows:

“I did not write in my petition that I did not want to come to court. I had pain in my neck. This is a condition I have had for a long time. It causes headaches and nausea. If I had come like that, I would not have been productive. I wrote a petition to get an injection before coming. It is not a matter of me wanting to prolong the trial. It is also not true that I read all the reports and testimonies. There are 80 folders; it would take 2 months to read them all. I said yesterday that my throat was sore, but you insisted on continuing. Furthermore, you did not record at what time I asked to stop the defense.”

Following these statements, Kaplan began his defense by summarizing where he left off yesterday. The judge immediately intervened, saying, “You explained that yesterday. Why are you repeating it?” The following dialogue then took place:

Bora Kaplan: You are not listening, you do not care.

Judge: If I am not listening, how do I know?

Bora Kaplan: I wanted to provide a one-page summary so the topic does not lose its thread.

Judge: It has been entered into the SEGBİS records. There is no need for repetition.

Bora Kaplan: Then just give me the sentence, execute us and be done with it. I got an injection and came here just so you wouldn't say, 'He wants to prolong the trial.'

IF Sadık Soylu CAME

Beginning his defense against the accusations, Bora Kaplan denied the claim that he shot three of his staff members for beating the son of Sadık Soylu, cousin of former Interior Minister Süleyman Soylu, and stated the following:

"Let Sadık Soylu and his son be heard as witnesses. If they say such an incident never happened, will you still sentence me? Do I shoot someone for every person who gets beaten? If such a thing happened, shouldn't the reason for the beating also be investigated? Furthermore, an investigation was conducted, a lawsuit was filed; I wonder why Sadık Soylu and his son were not included in this case?"

RESTROOM BAN 

After a 15-minute break in the hearing, the Presiding Judge asked, "Is the Gendarmerie Commander here?" and then issued the instruction: "Our attention is being distracted; defendants will not be taken to the restroom while the hearing is in progress." He also warned the defendants, saying, "Don't talk to each other about this and that."

WAS THE COMPLAINANT/DEFENDANT ALSO KIDNAPPED?

Continuing his defense, Bora Kaplan claimed that the Organized Crime Bureau (KOM) tried every possible way to ensure he was convicted, and that eventually, their unlawful actions backfired on them and they are now being tried. He also accused the Presiding Judge of directing all the complainants while listening to them from the beginning and voiced the following allegation:

"The complainant named Murat Yanar is also a defendant in the case. We requested that he be heard as a witness because he testified against me. The police were picking him up in a car and bringing him here on April 19, 2024. From his digital devices, we saw that KOM Branch Deputy Director Şevket Demircan called him and then messaged the police, saying, 'I spoke with the Presiding Judge; write a report saying we couldn't find him and take him away.' In other words, you prevented Murat Yanar from being heard that day and prevented us from asking questions. Later, in the same hearing, you issued an arrest warrant for Murat Yanar and heard him in a session where we were not present."

I KEEP MY WORD 

Bora Kaplan concluded his defense as follows:

"You came in aggressively this morning. However, it was a human situation. I was sick; I might not have come. Everyone knows I keep my word. I came because I said I would finish by noon. I have no intention of delaying the case. There is no benefit to it either. If we talk for 6 months, will your decision change? I exclude the members, but after seeing your correspondence with the police, I do not believe you are impartial. Even in war, women and children are not touched. If these police officers had any honor or integrity, they would not have detained all the women in my family. They are locked onto a target. They mentioned the name of the MHP. The real goal was to disrupt the MHP and the People's Alliance. Honorable members, did you know about these WhatsApp correspondences between the Presiding Judge and the police? Were you aware of them? How could you be aware of the conversations at 02:00 at night? I think I was able to explain my own troubles; I wouldn't have been able to if these correspondences hadn't surfaced. I hope you listen to me not with your ears but with your heart and see the truth. I leave you with your conscience."

After Bora Kaplan, the defense moved on to his lawyers. Oğuzhan Bilgin, one of Kaplan's lawyers, reacted to the Presiding Judge's attitude toward Bora Kaplan and the decisions made, stating, "There is no right you haven't restricted, and now it's the turn of the right to defense. Your decision to work over the weekend is a prejudgment that our requests for further investigation will be rejected."

Attorney Bilgin also made the following striking remarks about the Court Panel:

"Your court has managed to earn the praise of fugitive FETÖ members Cevheri Güven and Erk Acarer. We congratulate your panel in this regard. We saw and experienced these lawless acts in the Ergenekon and Balyoz cases. Those who recklessly slaughtered the law later ended up begging for justice. Our hope is that you do not fall into that position as well."

THE COURT HAS LOST ITS INDEPENDENCE AGAINST KOM

In his defense statement of approximately 200 pages, Attorney Oğuzhan Bilgin described the illegalities committed during the investigation and trial phases, stating, "Pressure was applied to everyone involved in the case—the defendants, witnesses, secret witnesses, and complainants. Witnesses were asked questions aimed at 'taking heads.' The court was misled with incorrect information, and the panel lost its independence to the Organized Crime Bureau (KOM)."

Claiming that Bora Kaplan was subjected to systematic and deliberate mistreatment from the moment of his arrest, Attorney Bilgin also criticized the Presiding Judge's WhatsApp correspondence with KOM Branch police officers by saying, "I wish we could have sent our defense statements to you via WhatsApp as well." After Attorney Bilgin completed half of his defense, the session was adjourned to continue tomorrow.

At the end of the hearing, in response to a lawyer's questions, the Presiding Judge said:

"No matter how much you needle us, we do not hold grudges. If you are going to make statements over the weekend, you must come. If no one shows up, we will make a decision regarding the requests for further investigation, ask for final statements, and move to a verdict. We are not going to wait for you; we will say 'no one is coming' and close up shop."

Following these remarks, he stated that due to the current stage of the trial, he was rejecting the defendants' requests for exemption from attendance and granting the newly appointed lawyers of two defendants until December 6 to prepare their defenses.

Seeing the confusion caused by his desire to finish the trial over the weekend while simultaneously granting this extension, the Judge added, "If no one comes or goes, I may not take this time into account either." he stated.