Serdar Sertçelik objects to reading of messages in Bora Kaplan case

In the Bora Kaplan case, secret witness M7, Serdar Sertçelik, opposed the reading of messages from a found phone in court, which he claims are "fake," arguing that the content is intended to target politicians and bureaucrats and stir up the state.

Müyesser Yıldız

Müyesser Yıldız - 12punto.com.tr

The trial of Bora Kaplan, who is accused of being a criminal organization leader, alongside the police officers who conducted the Kaplan operation, continued. Serdar Sertçelik, the secret witness codenamed M7 and the second defendant in the case, claimed that the messages on the found phone, which he called "fake," were created to smear politicians and bureaucrats and stir up the state, and requested that these messages not be read in court.

It was decided that Serdar Sertçelik's defense regarding the found phone would be heard during today's third session of the trial, which is being held at the Sincan Prison complex by the Ankara 32nd High Criminal Court.

However, when Sertçelik stated that it was impossible for him to read 70 folders in two days, the following dialogue took place:

Sertçelik: I want to make my defense, but I cannot do it right now. I only learned yesterday that messages were being sent to various people from a Twitter account opened in my name in the file.

Presiding Judge: Make your defense regarding the other issues in the file. You can respond to those when their turn comes, if they are entered into the file.

Sertçelik: I have no information about the others either.

Presiding Judge: Then you can choose to answer my questions or not.

Sertçelik: The purpose of this file is to exonerate the police. If the police are to be exonerated, let's not make a defense; just deliver the verdict. Artificial intelligence cannot read 70 folders in two days. My life is at stake.

Presiding Judge: It is not about exonerating the police or anything like that. We will hear from them after you.

Sertçelik: Reading 70 folders in two days is contrary to the natural flow of life.

Presiding Judge: Let me read the messages and ask my questions.

Sertçelik: I am not ready to make my defense. The messages found on the fake phone definitely do not belong to me. The press is here; they will write about it. When those messages are read, these people will be slandered. That is the goal. Do not read them even when I am making my defense.

Presiding Judge: Whether they report it or not is a separate matter. Your request for them not to be read is not a valid point. Nothing is hidden or secret.

Sertçelik: These messages are fake, and that is the character of the dishonorable people who did this.

Presiding Judge: Were these not read to you at the prosecutor's office?

Sertçelik: No. The prosecutor only negotiated with me for 9 hours, saying, 'Benefit from the effective remorse law, and I will not refer you for arrest.' In these messages, politicians and bureaucrats are being accused to stir things up... If they are read here, they will be exposed. This will also cause turmoil for the state. That is the goal anyway. If they are read, we will be supporting this turmoil.

MHP AND BAHÇELİ CRISIS

Despite these arguments, the presiding judge summarized and read the messages allegedly exchanged between fugitive lawyer Cengiz Haliç and Sertçelik, and asked questions.

When it came to the message regarding MHP member Ulvi İzzet Yönter, who was dismissed from his post last week, Sertçelik's lawyer reacted when the judge read the names, saying, "You did not read the names of the other politicians or even the journalists in the other messages. Why are you mentioning these?"

The judge replied, "We will mention those too, it's nothing." Upon Bora Kaplan's reaction to the situation, the judge said, "Bora, this has nothing to do with you. Your messages are not being read."

Serdar Sertçelik reiterated that the fabricated messages belonged to characterless people and requested, "You are careful not to read other profanities. At least do not read the profanities that are said to belong to me." The judge replied, "We will try."

After the judge announced that he had finished his questions, Sertçelik stated, "The restriction of my right to defense is contrary to the decisions of the Constitutional Court and the ECHR. For God's sake, I mean, this is too much. There is nothing I cannot answer. I just want to make my defense."

When asked by Cengiz Varol, the lawyer for police chief Murat Çelik, "There is a report kept by the prosecutor's office stating, 'I and my family are under threat.' Will he answer this?" Serdar Sertçelik replied, "I will explain the prosecutor's office phase in my defense anyway."

When asked a question by Şevket Demircan's lawyer, Recep Öksüz, Sertçelik refused to answer, accusing him of being an "accomplice in the fake phone business."

Sertçelik's lawyers also stated that they could not provide a defense for their client, who was unable to present his own, and requested time to prepare their defense after being provided with the 70 case files, leading the court to call a lunch break.

KAPLAN: I HAVE A WITNESS WHO WILL PROVE THE PHONE IS FAKE

The afternoon session of the hearing began with the Presiding Judge saying, "Yes, Bora, let's continue with you." Meanwhile, Kaplan's lawyer, Umut Köroğlu, took the floor and reiterated that they could not examine the files because they were uploaded to the system only 5 days before the hearing, requesting an extension and stating, "I do not understand what is being attempted or what we are being dragged into."

The Presiding Judge reminded him that this request had been denied, read the charges from the main file that were overturned by the Court of Appeals, and asked Bora Kaplan for his statement. Kaplan said the following:

"I have nothing in my hand other than the indictment where Prosecutor Mustafa Kaya has manipulated everything again. How am I supposed to refute this garbage of an indictment without the folders and digital evidence? I have both a witness and evidence to refute the fake phone. As far as I can see, you have already made your decision, just like the previous Presiding Judge. Even if I tear myself apart here, the result will not change. Both the power and the pen are in your hands. I am not presenting a defense. I have nothing to defend myself with. The other day, I had a slight argument with Mr. Murat Çelik. Take this to Prosecutor Mustafa Kaya, and he will open a case against us for attempted murder. Neither you nor we should tire ourselves out. I have nothing else to say."

When the Presiding Judge noted that he had just mentioned a witness and evidence and asked him to notify the court of them, Kaplan replied, "No, I will not notify you without presenting a defense. Otherwise, they will walk out the door and interfere."

When the Judge asked, "Will you bring them yourself?" Kaplan replied, "Of course I will bring them," and then emphasized three times that he was "never using his right to remain silent." The Judge reacted by saying, "Sit down. There is no need to make a show by saying it three times."

Oğuzhan Bilgin, one of Kaplan's lawyers, accused the court, stating, "You are not conducting a trial, you are persecuting. You are trying to force a defense. Every decision you make is flawed."

Following these arguments, the presiding judge adjourned the hearing and announced that they would proceed with the defense of police chief Murat Çelik.

Duran Göçer, the lawyer for retired police officer and defendant Önder Polat, requested that the found phone be handed over to them for expert examination or that it be sent by the court for an expert review.

Before the defenses were heard, the police officers were seated at the very front of the section where the detained defendants were held, while Bora Kaplan was seated at the back. The presiding judge warned, "There must be no provocation; otherwise, I will have you removed from the courtroom. I want calm, not provocation."

''THIS ORGANIZATION IS VERY DIFFERENT''  

Murat Çelik, one of the police officers being tried for misconduct and influencing a witness due to the escape of secret witness Serdar Sertçelik, stated that they were subjected to slander by the Bora Kaplan criminal organization and explained the following:

"We saw that this criminal organization is different from others. We obtained strong evidence that they were in cooperation with chief prosecutors, prosecutors, and even judges. We carried out the orders of the public prosecutor. It was a correct order he gave. If it were wrong, we certainly would not have carried it out. As law enforcement, we performed our duties completely and in accordance with the law. They provoked us, but since we represent the state, we have to keep our temper. This organization has a lawyer manager. I think the leader is not Bora Kaplan; there are bigger ones. Unfortunately, they have also infiltrated politics. Whoever sent that phone, I thank them, may God be pleased with them. They have a mastermind. Alp Aslan manages the perception and can use journalists. Abdurrahman Şimşek, Nedim Şener... They bought a car for the chief prosecutor; the document was published yesterday. How are we going to fight such an organization? Thank God there are judges in Ankara. He can call a judge 'my dear.' Is the state a candy apple? I am glad we are being tried together. I want them to be punished in the most severe way. When Bora Kaplan was in custody, he came to meet me. He said how honest I was and tried to kiss my hand. He wanted to pray. May God accept his repentance."

Upon questions from the presiding judge, Murat Çelik stated that it was impossible for either him or Şevket Demircan to have told Serdar Sertçelik to "run away," adding, "This allegation has put us in a difficult position before our superiors."

The presiding judge and the prosecutor also asked Murat Çelik numerous questions regarding the found phone. When asked by the prosecutor how the footage of the Bora Kaplan operation was leaked to the press, he replied, "We did not give it to T24. T24 is the newspaper that published my photo taken at the Counter-Terrorism Department when I was arrested, Tolga Şardan... Its release to the press sabotaged our operation. The former chief public prosecutor made statements against us."

The presiding judge also asked the following: "Did you examine the account transactions of members of the judiciary?"

Murat Çelik, stating, "Whatever instructions the prosecutor gave, my colleagues fulfilled them regarding Yüksel Kocaman," added, "I believe Serdar Sertçelik is being threatened. I am reporting this to you." he said.

Accused Three Prosecutors

In response to another question, Murat Çelik stated that the organization knew about the search of his home and his detention before he did, and that the organization and Zihni Çakır knew what he would be accused of regarding the leaking of Bora Kaplan's statements to Cevheri Güven, while accusing three prosecutors as follows:

"I filed a complaint against Veysel Kaçmaz, Yüksel Kocaman, and Ahmet Yıkılmaz. I am convinced that they collaborated in the operation against me. I also believe that Cengiz Haliç was notified before he fled."

"It Is an Effective Organization, Not a Bad One..."

While noting that they did not mistreat organization members for the sake of God, Çelik said, "It is an effective organization, not a bad one, even if I am praising a criminal. They made us go through these things, that is."

Suna Öztaşdönderen, the lawyer for former Anti-Smuggling and Organized Crime (KOM) Branch Manager Kerem Gökay Öner, stated that Öner stands firmly behind the operation he conducted but considers being tried here an insult, though they would still contribute to the trial. She then asked Murat Çelik whether they had provided information to Öner regarding the found phone.

Upon Çelik's response, "No. There are matters I am currently keeping confidential," the Presiding Judge asked, "Why, what are those matters?"

Murat Çelik replied as follows:

"For instance, I reserve my right to file a complaint against Kerem Gökay Öner. The reason we did not provide information about the found phone is the statement he gave at the gendarmerie on the day we were taken into custody. Everything changed after May 15. I don't think it was right for him to work at KOM. Because his reporting officer was also dismissed from this organization."

Murat Çelik, who stated that he would not answer many of the questions from Bora Kaplan's lawyer Rıdvan Şahin, said the following in response to the question, "Did you conduct any work at the circumcision wedding while there was no investigation decision against him?"

"It was not an investigation, but an intelligence operation; who came... There were a bunch of criminal organization members who came from abroad."

Bora Kaplan's other lawyer, Umut Köroğlu, asked why they wanted to investigate the relationships of Süleyman Soylu and Sadık Soylu with Kaplan, even though it was not within the scope of the file, based on the correspondence reflected in the media, since the digital materials were not provided to them. Murat Çelik said this was not true. Attorney Köroğlu said, "I think all of this is in the digital materials. These questions are important enough to affect the nature of the defendant's crime."

Murat Çelik also did not answer the question from Kaplan's lawyer, Oğuzhan Bilgin, "Do you have any hostility towards the police chief and his team before you, and if so, what is the reason?"

A Plastic Bottle Was Thrown

While a 15-minute break was given in the hearing, Murat Çelik's lawyer, Deniz Dilşad Güldenoğlu, reacted to a defendant constantly heckling her. When one of the spectators said "jackal," the defendant threw a plastic bottle at the spectators' side. Bora Kaplan shouted, "Don't do it, friends."

After the break, Murat Çelik requested that future questions be submitted in writing. The presiding judge replied, "I will not apply such a procedure," and continued to take questions from the lawyers.

Murat Çelik stated that he would not answer any questions regarding his 22-year friend M.Ö., whose fingerprints were found on the bag of the found phone.

In response to a question about the reason for the different accounts in his statements and those of former KOM Branch Manager Kerem Gökay Öner, Çelik said, "My statements are more accurate."

Who is the leader of the organization?

Upon Bora Kaplan's questioning, Murat Çelik, who said, "If you allow me, I do not want to answer the questions of the person I conducted an operation on," answered the question, "He said there is another leader of the organization. Who is he referring to?" and spoke as follows:

"He gives orders in terms of capability, but there is a mastermind. I was referring to the leadership on the public side."

The following dialogue took place upon Bora Kaplan's question, "Did you give the instruction for my weapons on July 15 to be asked about during my interrogation?":

Çelik: Let me say this because I have a sensitivity regarding July 15; let it be checked whether he went there 3-5 hours after the TRT was secured. Let him explain what he did so we can learn.

Kaplan: I will explain, I will explain.

Presiding Judge: Don't jump in saying "Let me explain" right away.

Kaplan: Why did you have them ask about the July 15 weapons, even though it was a statutory decree (KHK) matter and they had no authority to ask this question?

Çelik: I will not answer, because it will be manipulated.

The "My dear Serdar, my dear Murat" tension

Serdar Sertçelik also directed 10 questions to Murat Çelik. One of the questions concerned the criminal complaint he filed against Yüksel Kocaman and Ahmet Yıkılmaz. When Murat Çelik replied, "My dear Serdar, I am also filing a complaint against you," Sertçelik addressed him as "My dear Murat."

When Murat Çelik's relatives reacted to this address, the presiding judge had these individuals removed from the courtroom.

Today's session was adjourned at 19:35 to continue tomorrow.

Müyesser YILDIZ

April 9, 2026