Police officers who apprehended Ayhan Bora Kaplan appear in court: Trial adjourned following a release order

The first hearing of the case regarding the smuggling of Serdar Sertçelik,the secret witness codenamed M7 in the Ayhan Bora Kaplan Case,abroad has been held.

Journalist and 12punto columnist Müyesser Yıldız reported the highlights from the hearing moment by moment.

15:50 It was understood that the judge mistakenly ordered the release of Kopuk, who was not in detention. The hearing was adjourned until September 3.

15:44 The court ordered the release of detained defendants Metehan İlkyaz and Nurullah Özgür Kopuk.

15:34 Before the ruling, the judge addressed the lawyers before taking their final statements:

"I thank you all; you have presented good defenses. As you have stated, the indictment is insufficient, but it has reached this stage. We will try to find the truth as much as possible and reach a fair decision."

15:30 The prosecutor requested the continuation of the defendants' detention.

15:29 The final defendant, Serdar Sertçelik's father, Erdoğan Sertçelik, also reiterated his previous statements.

When the judge asked, "Has he been caught? That is what is being said," Erdoğan Sertçelik replied, "We understand he is currently detained in Hungary." he replied.

Erdoğan Sertçelik requested his acquittal, while his lawyer requested that his file be separated.

15:23 Defendant Adem Kaçan stated that Serdar Sertçelik has been his friend for 10 years and someone with whom he has had commercial dealings, adding that he does not know the other defendants.

Adem Kaçan explained that he has been in prison for two months simply for dropping Sertçelik off in Eryaman.

15:22 Mustafa Çotuk, who took Serdar Sertçelik to Istanbul, Mustafa Çotuk, noted that he was a friend of Sertçelik and reiterated his previous statements, while his lawyer argued that the main point regarding the escape He stated that the Istanbul-Greece route should be examined.

15:18 His lawyer also argued that due to Ramazan Kubat'spolitical identity, there was a need for such a file.

The lawyer complained that they were not heard by the Prosecutor's Office or the Criminal Judgeship of Peace, and "There was a decision that came from the heavens; he was going to be arrested." Upon this, the Judge said, "Do not turn it into poetry." he warned.

The lawyer also provided this interesting example:

"The brother of the terrorist leader was brought onto TRT. His surname is Öcalan; even I knew that, but the authorities said, 'We did not know he was wanted with a red notice.' How was my client supposed to know that Serdar Sertçelik was a criminal and was wanted?"

"Were any proceedings initiated against TRT executives for harboring a criminal? I want to know."

14:55 Defendant Ramazan Kubat stated that, other than Mustafa Çotuk, he did not know the other defendants or Sertçelik.

Stating that he saw Sertçelik with Çotuk, Kubat noted that they dropped him off in Istanbul, where he was vacationing with his girlfriend, and asked, "Was his girlfriend's statement taken?" When asked, the Judge stated that that file was being handled separately.

14:50 One of the civilian defendants who mediated Serdar Sertçelik's arrival from the TRNC, Nurullah Özgür Kopuk, "I believe I have performed my civic duty. I thought, 'Can I be of any service to the country and the nation?'" he said.

14:49 Gökhan Karaca's lawyers, on the other hand, claimed that the indictment was prepared in haste to dilute and derail the Ayhan Bora Kaplan case, and made the following allegation regarding Serdar Sertçelik's escape:

"This individual was not smuggled abroad for no reason. It is intended for all defendants in the Ayhan Bora Kaplan case to use him as material and to dilute the case."

14:16 The last of the police defendants to present his defense, Commissioner Gökhan Karaca, explained the process of obtaining a medical report for Serdar Sertçelik, stating,"There is an objection to his detention."He stated that the second report containing this phrase was obtained upon the instructions of Prosecutor Mustafa Kaya.

The judge asked this defendant who the police officer was that spoke with the doctor. 

Gökhan Karaca replied as follows:

"The person who called was not someone saved in my contacts. It could be external personnel; there are 55 teams. A team that was available likely went."

"It could also be a team from the Public Order Branch, not our department. If I had that kind of power, I would get a report and have myself detained."could not have known."

13:53 Metehan İlkyaz's lawyer also noted the following:

"What did he do to help Serdar Sertçelik escape? Did he provide a car? Did he grab him by the arm and take him to Istanbul? That is what the newspapers wrote. Is there any such thing? Is the indictment being prepared based on newspaper reports?"

İlkyaz, who is accused of cooperating with civilian defendants to facilitate Sertçelik's escape, stated that it has emerged that he and the civilians do not know each other.

İlkyaz's lawyer also explained that the only concrete fact in the indictment is a doctor's report, and that Metehan İlkyaz's name does not appear anywhere in that report, asking, "Has the statement of the prosecutor who had the report changed been taken? Has any action been taken regarding the doctor who changed the report?"

13:49 Commissioner İlkyaz explained that he started his duty at the Anti-Smuggling and Organized Crime Department (KOM) after last July, that he had previously served in Diyarbakır, and that he had no contact with Sertçelik other than his duties as a team leader during his transfer from the airport to the branch and the courthouse, and added, "I do not know why I am here." he said.

İlkyaz, who is accused of collaborating with civilian defendants to facilitate Sertçelik's escape, stated that it has emerged that he and the civilians do not know each other.

İlkyaz's lawyer also explained that the only concrete fact in the indictment is a doctor's report, and that Metehan İlkyaz is not mentioned anywhere in that report, asking, "Has the statement of the prosecutor who had the report changed been taken? Has any action been taken regarding the doctor who changed the report?" he asked.

13:20 As of 13:20, the hearing is continuing. Detained commissioner Metehan İlkyaz is presenting his defense.

12:49 PM Known as the commissioner who tackled Bora Kaplan to the ground at Esenboğa Airport, Gültekin concluded his defense as follows:

"I have a life safety order due to the Bora Kaplan case. Protection has not yet been provided. During the investigation of this case, my weapons were confiscated. I request the return of my weapons and my acquittal."

Ufuk Gültekin's lawyer claimed that the doctor who gave that report to Serdar Sertçelik said out of fear, "The police pressured me." and made the following request for release:

"If you do not release these police officers who conducted the operation against Ayhan Bora Kaplan, you will never find officers who will show the same courage again."

12:41 When Gültekin stated that the phrase "There is an objection to his detention" in the medical report obtained after Sertçelik was shot was written at the request of the Prosecutor, the Judge said, "The police officer with you who dealt with the doctor is important. Who was that? Let us know when you remember."

12:40 Regarding his dialogues with Serdar Sertçelik, Gültekin said, "We do not approach citizens like a prosecutor or a judge. You could call it telling people what they want to hear; you cannot get information without gaining the other party's trust."

When Gültekin stated that the phrase "There is an objection to his detention" in the medical report obtained after Sertçelik was shot was written at the request of the Prosecutor, the Judge said, "The police officer with you who dealt with the doctor is important. Who was that? Let us know when you remember."

12:17 Commissioner Gültekin, while reminding that they are accused of attempting a coup against the government, explained that during their meeting in November, when Serdar Sertçelik said, "Cevheri Güven wanted to meet with me," he warned him, saying, "Do not meet with him. They are FETÖ members; they will use you against the government."

12:04 Detained Commissioner Ufuk Gültekin explained that after the prosecutor said, "I will decide whether he will be a secret witness or not," they took Serdar Sertçelik's statement and sent it to the prosecutor, and later took Sertçelik to the prosecutor, who then took his statement as well, stating the following:

"Serdar Sertçelik is a very sharp, very intelligent guy. Erk Acarer also says the same."

11:50 Demircan said, "What interest could the police have in Serdar Sertçelik's escape? We are investigating the information in the 17-page statement provided by the secret witness. His escape has put us in a difficult position."

Stating that he does not know why Kerem Gökay Öner gave such a statement despite having knowledge of everything, Demircan claimed that an operation was carried out against them by the Ayhan Bora Kaplan criminal organization, which he described as an international organization, and its affiliates, and requested his release and acquittal.

Stating that he does not know why Kerem Gökay Öner gave such a statement despite having knowledge of everything, Demircan claimed that an operation was carried out against them by the Ayhan Bora Kaplan criminal organization, which he described as an international organization, and its affiliates, and requested his release and acquittal.

11:40 Regarding the statements he used in his conversations with Serdar Sertçelik, Şevket Demircan said the following:

"Let's not call it deception; these were conversations I had to appear cooperative. I had no other intentions."

11:27 Demircan stated that the claim by the then-KOM (Anti-Smuggling and Organized Crime) Director Kerem Gökay Öner that he "conducted his meetings in a private room" was absolutely false, and also noted that Öner was aware that Serdar Sertçelik would be coming from Cyprus and was a secret witness.

11:26 Detained defendant and former Deputy KOM Director Şevket Demircan, in response to the charge of misconduct, defended himself by saying, "I carried out all my duties with the knowledge of my superiors and judicial authorities."

11:08 Kerem Gökay Öner stated that he had no involvement in the escape/abduction process of secret witness Serdar Sertçelik, saying, "I was not informed that he had fled. I did not speak with Sertçelik by phone, in person, or via the internet. I do not know him; I only see him as a suspect in the file."

11:07 Reiterating his previous statements and blaming his deputy Şevket Demircan, Öner explained that he wanted to resign after the events occurred and that he had approached not only the Ankara Police Chief but also various levels of the state to do so.

10:55 The second defendant to present a defense, former Anti-Smuggling and Organized Crime (KOM) Branch Manager Kerim Gökay Öner, while providing information about the operation conducted against Bora Kaplan, stated regarding Serdar Sertçelik that "he had no knowledge of it until he arrived from the country of Cyprus." he said.

Upon this, a defense attorney, reacted by saying, "There is no country called Cyprus, there is the TRNC," prompting Öner to correct his statement to "TRNC." he corrected.

10:48 Çelik's lawyer, Cengiz Varol, also stated that the indictment prepared as a result of the investigation launched over allegations of a coup attempt against the People's Alliance was a case of 'the mountain bringing forth a mouse,' noting that this operation had damaged the morale and motivation of the police force and dealt a blow to the fight against criminal organizations.

10:47 Çelik stated that he did not hide his phones and, "What could I possibly hide from the state?" he said, adding that his home was searched and his door was opened by a locksmith.

10:36 Describing his background, Çelik stated, "I reject all the accusations because I did not commit them nor did I have them committed. If the ranking officers who fight against criminal organizations are arrested, it creates a vulnerability in the state. I believe we are being subjected to a counter-operation by the organization." he said.

While Murat Çelik requested his release and acquittal, "We have our reputation." used the expression.

10.27 The judge, Attorney Sidar Yurtçiçek's request to join the case, and then began taking the defendants' statements. The first defendant to present a defense was the then-DeputyAnkara Police Chief Murat Çelik .

10.23 Sidar Yurtçiçek, one of the lawyers in the Bora Kaplan case, requested to join the proceedings. While the request was being evaluated, one of the lawyers who remained standing told the presiding judge, "I am 11 weeks pregnant, I don't know how I will endure this."

The presiding judge replied, "We asked if there was a larger courtroom, but there are other hearings scheduled."

10:17 It remains a point of concern how the large number of participants will fit into the tiny courtroom for the trial at the Ankara 13th Criminal Court of First Instance.

The first non-detained defendant to be admitted to the courtroom, former Anti-Smuggling and Organized Crime (KOM) Director Kerim Gökay Öner,drew attention by arriving with three bodyguards.

The admission of defense attorneys into the courtroom has begun.

One relative of each defendant was permitted to enter the courtroom.

Finally, members of the press were also able to enter the courtroom, albeit at the cost of having to stand.

WHO IS BEING TRIED FOR WHAT?

The first hearing of the case concerning the smuggling of Serdar Sertçelik, a defendant and secret witness in the case involving alleged crime syndicate leader Ayhan Bora Kaplan, will begin on Thursday, July 18, at the Ankara 13th Criminal Court of First Instance. 

The indictment names the following defendants: former Ankara Deputy Police Chief Murat Çelik, former Organized Crime Branch Director Kerem Gökay Öner, former Branch Deputy Director Şevket Demircan, former Branch Commissioners Ufuk Gültekin, Gökhan Karaca, and Metehan İlkyaz, as well as civilian defendants Nurullah Özgür Kopuk, Ramazan Kubat, Adem Kaçan, Mustafa Çotuk, and Erdoğan Sertçelik. 

For the detained defendants Murat Çelik, Şevket Demircan, Ufuk Gültekin, Metehan İlkyaz, and Gökhan Karaca, prosecutors are seeking prison sentences ranging from 4 to 15 years on charges of misconduct in office, disclosure of confidential information related to their duties, shielding a criminal, and attempting to influence a witness. Kerem Gökay Öner faces similar charges, excluding the charge of 'attempting to influence a witness'.

FROM THE INDICTMENT

The indictment prepared against the 11 suspects, including the police officers, alleges that the police suspects adopted a protective attitude toward Serdar Sertçelik throughout the entire investigation process, even before a secret witness decision had been issued, despite having no such duty or authority. Recalling that a second detention order was issued for Sertçelik on November 24 after he violated his house arrest, the indictment notes that six police officers, including Murat Çelik, directed a doctor to issue an irregular medical report stating that Sertçelik could not be taken into custody due to his injuries from a gunshot wound to the foot, in order to prevent the execution of the detention order. 

The indictment states that thanks to this medical report, the decision to take Serdar Sertçelik into custody was not executed, and subsequently, Sertçelik left his residence and fled. However, it is noted that in a phone conversation on November 26, Sertçelik declared to Ufuk Gültekin and Gökhan Karaca that he would go abroad. The indictment argues that although the police officers knew Sertçelik had gone to Istanbul, they misled judicial authorities by filing a report claiming the suspect could not be found, acting with the intent to protect and shield Sertçelik. 

The indictment alleges that after Sertçelik fled abroad through illegal means on December 4, 2023, these accused police officers continued to maintain contact with him, providing guidance in their phone conversations on how he should testify in the case, what changes he should make to his statement, and whom he should include in his testimony.

WHAT HAD HAPPENED?

Serdar Sertçelik was among the 61 defendants in the Ayhan Bora Kaplan criminal organization case opened by the Ankara Chief Public Prosecutor's Office. Sertçelik was also a secret witness in the case, codenamed M7. Sertçelik, who was placed under house arrest as part of the case, violated his house arrest and was shot in the foot at a soup restaurant in Ankara on November 21, 2023. However, following a report from a doctor stating he "could not be taken into custody," he was returned to his home. Sertçelik left his home on November 27, 2023, and went abroad. After the trial began, Sertçelik started publishing some of his phone conversations with Şevket Demircan on May 13, 2024. In these conversations, Sertçelik spoke about potentially testifying against Mücahit Aslan, one of Erdoğan's advisors, and former Minister of Justice Bekir Bozdağ.

While Sertçelik told Demircan, "Mücahit Aslan is on the other side. Bekir Bozdağ is on this side. If I say this now, I don't want to make things worse for myself, chief," the police chief replied, "I am speaking regarding these two topics; I will discuss them. There is no need, I can tell you if you want. I will tell you what not to say. Let me be clear and concise. I am not saying anything about Bekir Bozdağ. They will likely tell you to say it. That is a separate issue. But regarding this other topic, we need to look into it." Demircan, who was trying to persuade the secret witness to return to Turkey, specifically asked if he had any information regarding former Ankara Chief Public Prosecutor Yüksel Kocaman and Deputy Chief Public Prosecutor Ahmet Yıkılmaz. In the recorded conversation, Demircan said, "They gave us the news that we started the clean hands operation with your hands." 

Later, Serdar Sertçelik, broadcasting via his YouTube account, claimed that the "Ankara Police Department attempted a coup against the AK Party" and that the police officers had directed his testimony. Following the audio recording, MHP Chairman Devlet Bahçeli made a statement claiming that a conspiracy had been set up against the People's Alliance. Consequently, the prosecutor's office launched an investigation into the police officers on charges of conspiring to commit a coup against the government. However, this charge was not included in the indictment prepared at the end of the investigation. These police officers were also suspended by the Ministry of Interior.