Police chief files criminal complaint, claims report is 'fake': 'We caught him at Olcay Kılavuz’s house'

A development that could change the course of the Sinan Ateş investigation has occurred. Kerem Gökay Öner, who served as Deputy Branch Manager of the Public Security Bureau at the time of the assassination, has filed a criminal complaint with the prosecutor's office.

Kerem Gökay Öner, the former Deputy Branch Manager of the Public Security Bureau who was involved in the Sinan Ateş investigation, has filed a criminal complaint with the prosecutor's office.

According to a report by Alican Uludağ from DW Turkish, Öner stated, "We detained Tolgahan Demirbaş at the house of the then-MHP Mersin MP Olcay Kılavuz."

On the other hand, it was noted that the 'apprehension report stating that Demirbaş was detained on the street is fake.'

Kerem Gökay Öner, the former Deputy Branch Manager of the Ankara Police Department's Public Security Bureau, filed a criminal complaint with the Ankara Chief Public Prosecutor's Office on the grounds that the police report stating that Tolgahan Demirbaş, a former Ülkü Ocakları executive who fled after the murder of Sinan Ateş, was detained on the street in Bağlıca, is fake.

Police chief Kerem Öner, who was involved in the Sinan Ateş murder investigation, stated that Tolgahan Demirbaş was detained by the police team he led at the house of the then-MHP Mersin MP Olcay Kılavuz, and requested that the four police officers present during the detention be heard as witnesses and that the police officers who prepared the fake report be prosecuted.

Tolgahan Demirbaş, who was alleged to have taken the hitman Eray Özyağcı to Istanbul with Ülkü Ocakları Deputy Chairman Emre Yüksel following the murder of Sinan Ateş on December 30, 2022, was detained in the Bağlıca neighborhood of Ankara on the night of December 31, 2022. News reports from that time claimed that Demirbaş was detained at Olcay Kılavuz's house. However, in the "apprehension report" prepared by the Ankara Police Department on December 31, 2022, at 23:45, it was claimed that Demirbaş was caught in a vehicle on Selahattin Eyyübi Street in the Bağlıca neighborhood. The then-Chief of the Murder Bureau, Mustafa Ensar Aykal, also argued in his defense in court that Demirbaş was detained on the street, not in a house.

CRIMINAL COMPLAINT TO THE PROSECUTOR'S OFFICE FROM KEREM GÖKAY ÖNER

Kerem Gökay Öner, who served as the Deputy Branch Manager of the Ankara Police Department's Public Security Bureau at the time and was involved in the Sinan Ateş murder investigation, stated in the criminal complaint petition submitted to the Ankara Chief Public Prosecutor's Office on July 3 through his lawyer Suna Öztaşdönderen that the police report stating Tolgahan Demirbaş was caught on the street is "fake" and that this report was prepared and signed by police officers who did not actually detain Demirbaş.

In the criminal complaint petition, which details the entire process of Tolgahan Demirbaş's detention, it was first explained that the then-Deputy Branch Manager of the Public Security Bureau, Kerem Gökay Öner, was following a domestic violence incident in the Akdere district of Ankara's Mamak district on the night of December 31, where four people were killed. The petition states that during this time, Public Security Branch Manager Oben Özay called Öner on his cell phone toward midnight and asked where he was. The petition, which notes that Oben Özay asked him to send a location and requested that he arrive at the location immediately, detailed the instructions given to Öner as follows:

"Oben Özay, referring to the Sinan Ateş murder, gave a verbal order to catch a person who was wanted, stating that the person's status in the investigation phase was not yet clear, and to bring the person to the Public Security Branch Directorate after carrying out the apprehension. Although our client explained the possible effects of leaving the process he was involved in, he reiterated the order to drop whatever he was doing and arrive at the location immediately. Location information was sent to the phone number our client was using via the WhatsApp application from a number not currently registered. He set off for the address, which was approximately 40 minutes away from where he was, together with police officer Raşit Buğra Şener, who was acting as his driver during the process."

HOW WAS TOLGAHAN DEMİRBAŞ TRACKED?

It was stated that Öner later called Murder Bureau Chief Mustafa Ensar Aykal and asked for the details of the incident to be reported. However, the petition states that Aykal replied that he was also on his way to the location in question, that the situation was sensitive, and that he would provide all necessary information upon arriving at the scene. It was noted that upon this, Öner gave a verbal order for reinforcement elements from the Extortion Bureau to arrive at the scene due to the sensitivity of the situation, the darkness, and the fact that he could not determine what he would encounter at the location he was going to. The petition states that Öner, who went to the scene, encountered a civilian police vehicle and two plainclothes officers from the Intelligence Branch.

The petition, which states that these police officers "said they were performing a tracking duty," notes that as a result of Öner's insistence, it was seen that the person being tracked entered one of the detached houses on the road with the vehicle, but they stated they were not sure which house he entered and did not conduct a detailed search to avoid being noticed. The information regarding the person who entered the house in question being Tolgahan Demirbaş was included in the petition with the statement: "In response to our client, who asked for detailed information about the incident from Commissioner Mustafa Ensar Aykal, who arrived at the scene shortly after, he stated that the person's statement regarding the murder needed to be taken, that the verbal order was given by Manager Oben, that the location was subsequently forwarded, and that the person's name was Tolgahan Demirbaş."

"MUSTAFA ENSAR AYKAL LEFT QUESTIONS UNANSWERED"

In the petition, it was argued that Öner asked what the potential threats were, whether the person resided in this area, whose house it could be, whether the person was a murder suspect, and how many people were inside, but Aykal left the questions unanswered on the grounds that he did not have detailed information. It was emphasized that as the reinforcement teams arrived at the scene, Öner began to conduct a search in front of the detached houses, and the police officers who arrived at the scene at that time were Murder Bureau Chief Mustafa Ensar Aykal, Extortion Bureau Chief İbrahim Tüzel, and police officers Raşit Buğra Şener, Bekir Kaya, and İsmail Yıldırım.

It was noted that during the search, police officer İsmail Yıldırım provided information that the vehicle was running in the garden of a house located in the area where the vehicle was determined to have entered. The petition continues as follows:

"Considering the landscaping of the house, the presence of security measures, and the location and nature of the walls, which limited the ability to see inside from the outside, our client rang the doorbell after taking the necessary security precautions to identify the suspect. After the doorbell was rung, the door camera, which is an extension of the security measures, and the equipment that illuminates the angle seen by the camera were activated, but the door was not opened. Upon this, our client, who rang the doorbell again, informed them that he was a police officer and that the door should be opened and they should come to the door after the lighting was activated again, but the door was not opened."

"The two people inside were invited outside"

The petition states that during the observation made in the garden of the house due to the possibility of the suspect escaping, a white vehicle matching the description subject to the tracking was found running, but it was reported that it was impossible to determine who the person or persons in the vehicle were or how many people there were due to the darkness of the area. Upon this, Öner asked police officer İsmail Yıldırım to shout "police" in a loud voice and inform them that they were invited outside.

The petition states that after this warning, Kerem Öner gave the order to the other police officers to take the necessary precautions, considering the possibility of the vehicle escaping and any potential aggressive behavior, and that the police then drew their weapons and made the necessary arrangements against the possibility of the vehicle escaping.

"OLCAY KILAVUZ OPENED THE DOOR"

The petition states that the officer observing the house reported that the vehicle door was opened and two people got out of the vehicle, and describes the process of Olcay Kılavuz opening the door as follows:

"The outer door of the house began to open. Two men, whose identities were unknown up to this stage, came out of the door. The person standing in front of the people who came out addressed all the officers and said, 'I am MP Olcay Kılavuz, what is happening?' Our client stood in front of the person, presented his ID, and then declared that he was the Deputy Branch Manager of the Public Security Bureau and asked for the identity information of the person with him. Olcay Kılavuz stated that the person with him was Tolgahan Demirbaş and asked our client for what purpose they were there. Our client stated that he could not provide information or documents to persons who were not parties or lawyers, considering the principle of confidentiality of the investigation. Olcay Kılavuz informed our client that it was mandatory to provide information and that this information should be shared in order to carry out work and transactions in the place where a member of parliament is present."

"TOLGAHAN DEMİRBAŞ CAME OUT, WAS DETAINED"

The petition states that Kerem Öner then called Public Security Branch Manager Oben Özay and explained the situation in question, and summarized the events as follows:

"The Branch Manager gave a verbal instruction that the MP had immunity, that it was not possible to take action against him, that the address where the person was located was not important at this stage, and that the person should be brought to the Police Department to have his statement taken. At the same time, Intelligence Branch Deputy Manager Cemalettin Arslan was also called and informed, and he replied that it was understood. In line with the verbal order of the superior, Tolgahan Demirbaş was invited outside with his vehicle, and after he came out, he was taken out of the vehicle, and instructions were given for the vehicle to be taken to the Ankara Provincial Police Department campus by the authorized personnel, while Tolgahan Demirbaş was put into the vehicle our client arrived at the scene in, and his transfer to the police department was ensured together with Commissioner İbrahim Tüzel and police officers Raşit Buğra Şener and İsmail Yıldırım."

"TOLGAHAN DEMİRBAŞ WAS TAKEN TO OBEN ÖZAY'S OFFICE ALONE"

According to the petition, after arriving at the Police Department, Tolgahan Demirbaş was taken to the office of Public Security Branch Manager Oben Özay upon the verbal order given. The petition states that Oben Özay, who was alone in the office, ordered Öner to go out and wait, and said, "Upon this, our client left the office. At this stage, our client has no knowledge of what was discussed in the office."

The petition notes that during this time, Öner called Murder Bureau Chief Mustafa Ensar Aykal and asked what Demirbaş's legal position was, and Aykal stated that his status was not yet fully clear, that the vehicle might be linked to the murder, that camera work in Gölbaşı was continuing, and that they were working on resolving a large number of images.

"DEMİRBAŞ'S STATEMENT WAS TAKEN BY BRANCH MANAGER OBEN ÖZAY"

The petition stated, "The fact that the status of the person who was ordered to be caught as a result of tracking with the participation of more than one branch personnel was not clear created a question mark in our client's mind, and our client went to the floor where the Murder Bureau is located." The petition continues as follows, stating that Öner, who noticed the crowd while heading toward the Bureau Chief's office, saw Tolgahan Demirbaş sitting:

"He saw that there was a woman next to him whom he considered might be a lawyer, that questions were being asked by Branch Manager Oben Özay, and that the officer in charge at the computer was recording the statement. Our client, who went to the Murder Bureau Chief's office, tried to understand how the process was progressing, and was informed that Demirbaş's information was being sought, that there was no detention decision, and that he would be released after his statement."

OBEN ÖZAY TOLD HIS DEPUTY "GO FOLLOW IT IN YOUR OFFICE"

The petition, which states that Kerem Öner, who "could not comprehend the process," continued to be on the floor to follow the process, used the following expressions: "During this process, he could not make sense of why such an instruction was given to him despite there being no detention decision, and why the statement was taken by a branch manager if the person was to be released after his statement. Oben Özay left the office upon receiving a call and saw that our client was on the floor. He asked our client why he was there, our client stated that he was following the process, and he was removed from the floor by Oben Özay by being told, 'If you are going to follow it, go follow it in your office.'"

The petition notes that after his shift ended, while Öner was going home, he was called by the Branch Manager and informed that he was assigned to Istanbul to "quickly" prepare and conduct research regarding the murder. It was stated that before leaving the Police Department, Öner explained the details of the detention process of Tolgahan Demirbaş face-to-face to Arzum Nazman, the Ankara Provincial Police Deputy Chief responsible for Public Security. The petition notes that while Öner was on his way, he was informed that Demirbaş had been released.

"THAT REPORT WAS PREPARED BY POLICE OFFICERS WHO DID NOT CATCH DEMİRBAŞ"

At the end of the petition, it was stated, "A criminal complaint became necessary considering that the report served via journalists on social media does not reflect the day of the incident correctly, that the report was kept by people other than those who carried out the apprehension procedures on the day of the incident, and that it would negatively affect the integrity of the trial in the event that the resulting report is submitted to the ongoing criminal trial."

The petition requested that the public officials who prepared the report contrary to the truth be identified and prosecuted, and that the police officers who were on duty during the detention of Demirbaş at Kılavuz's house be heard as witnesses.

Kerem Gökay Öner, who was the Deputy Branch Manager of the Public Security Bureau during the Sinan Ateş murder process, later became the Deputy Branch Manager of the Organized Crime Bureau and was involved in the Ayhan Bora Kaplan investigation. Öner was suspended following the incident of the secret witness Serdar Sertçelik in the Kaplan investigation being smuggled abroad, and a lawsuit was filed against him along with other police officers.