Bora Kaplan Case: 'Bring Sadık Soylu Here...'

At today's session of the trial, held at the Ankara 32nd High Criminal Court courtroom in the Sincan Prison complex, lawyer Ela Leyla Umur, representing Mahmut Gökhan Çanga, who is accused of murdering Semih Arslan, criticized the lifting of the 2016 Decision of Non-Prosecution (KYOK) regarding this incident without any new evidence being added to the file, using the following expressions:

“The court moved directly to the merits and reached the sentencing stage without discussing or resolving the issue of lifting the KYOK. The lifting of this 2016 decision is either suspicious or was reached without sufficient examination. If it is suspicious, let us summon the prosecutor who made that decision and hear them here, or file a criminal complaint against them. Mistakes are being piled upon mistakes, but we must stop somewhere. Intelligence information is being mentioned. Do we not need to learn the source of this information? This is not a state matter, nor is it an international issue. If it were, I would accept it; but this is how we are being disgraced. Whoever is powerful at the time; let them come to the podium or the government, lift the non-prosecution decisions against their rivals, and crush those people.”

After these remarks, Attorney Umur told the prosecutor, “Prosecutor, you are very young; this might be needed by you tomorrow as well,” and continued as follows:

“Yesterday, you even laughed at a professor who is old enough to be your father. Do not do this. I have seen many judges and prosecutors who have said to me, ‘Save me, Attorney.’”

When Attorney Umur saw the prosecutor laughing again while continuing her statement, she reacted as follows:

“Why are you laughing!.. You are upsetting my nerves. I like humor in my private life, but do not do this here.”

THERE IS NO REPORT, ONLY PERCEPTION

Attorney Umur emphasized that before the investigation prosecutor had Mahmut Gökhan Çanga detained and arrested, they asked the police and the expert witness to prepare a report stating that the “possibility of suicide is low” regarding Semih Arslan’s death. She pointed out that although such a statement absolutely did not exist in the 7-page report, it was presented as if it did, saying, “You did this either intentionally or due to the intensity of your work. If I file a criminal complaint, you will say, ‘It escaped our attention due to the workload.’ I hope that is the case. Otherwise, woe to us. I am saying here that the emperor has no clothes, but no one is listening.”

WHO IS BORA?

Stating that Mahmut Gökhan Çanga does not have a single photograph, meeting, or base station record with Bora Kaplan, Attorney Ela Leyla Umur noted the following:

“Let’s assume he took instructions from Bora Kaplan to kill Semih Arslan. Well, in exchange for what would he take this instruction? The man is so gentle that he would give his pajamas to Semih Arslan. He has no money, no house, no car. Investigate his entire family; is there anyone who has enriched themselves unfairly? Gökhan Çanga is a legal professional. Who is Bora that he would take instructions from him to kill a man and throw him off a balcony? The man has never even slaughtered a chicken in his life!”

Playing the audio recordings for the court of Gökhan Çanga calling 112 from his own phone to request an ambulance after Semih Arslan’s death, Attorney Umur concluded her defense by saying, “You are playing with a person’s life. You are both writing something that did not happen and asking for an aggravated life sentence in one stroke. This is a gross error. I am afraid that you will read the verdict quickly and leave. It would be the greatest trauma of my life.”

ARE THE SECRET WITNESS ALLEGATIONS SPECULATION?

Eşref Öztürk, the lawyer for the detained defendant Yahya Ersoy, pointed out that the prosecutor described the criticisms regarding the secret witness as “speculation” in the final opinion. He explained that all of these were included in the indictment prepared by the Ankara Chief Public Prosecutor's Office against the KOM police officers, and asked whether the Chief Public Prosecutor's Offices that prepared this indictment and the one that provided this final opinion were different offices. Attorney Öztürk said, “Everyone is tense because there is no belief left that you will make a fair decision. A finger cut by justice does not hurt, but a conscience crushed by injustice aches for a lifetime.”

WHAT HAPPENED TO THE RECUSAL REQUEST

As the court took a lunch break, the Presiding Judge asked the defense lawyers whether they would submit a petition regarding the recusal request they had voiced at the beginning of the week, stating, “If you are not going to submit it, we will notify the 33rd High Criminal Court of your request today. If you are going to submit it, let us send them all together tomorrow.”

The afternoon session of the trial began with the defense of Cem Erol, the lawyer for defendant Hasan Can Saraçoğlu. Attorney Erol explained that his client was released following an objection after being detained for 1 year, but that they could not understand why the prosecutor requested Saraçoğlu to be punished and arrested along with the verdict, noting the following:

“Years ago, a professor of mine said, ‘He who carries out the orders of the government is called a civil servant, and he who carries out the orders of the law is called a judge.’”

Barış Kurt, former AKP Ankara Provincial Deputy Chairman and Çankaya Municipal Council Member, also stated in his defense that the indictment requested his punishment as a joint perpetrator for the crimes of torture, deprivation of liberty, and robbery for pulling Erkan Doğan’s teeth with pliers. However, he noted that after it was revealed that he was not at Akman Plaza during the process, the prosecutor provided a final opinion requesting his punishment for incitement rather than joint perpetration, and spoke as follows:

“If it were possible, I am sure that after listening to what I will tell you today, he would request my acquittal. I do not agree with the views that the indictment has become a final opinion and the final opinion has become a verdict through cut-copy-paste.”

WHATEVER ERKAN DOĞAN SAYS IS GOSPEL

Using visuals to explain where Erkan Doğan, as well as the other defendants he accused alongside himself—Bora Kaplan, Muhammet Kaplan, and Adnan Kaplan—were hour by hour on the date of the alleged incident, based on the report the court received from the expert witness regarding HTS and base station records, Barış Kurt said, “Everything is clear; but whatever Erkan Doğan says is gospel. My name is not in the first statements he gave immediately after the incident he alleged. This is proof that the incident was fabricated later.”

When Barış Kurt, who claimed that Erkan Doğan is a person with a criminal record who uses drugs, raised his voice from time to time, the Presiding Judge warned him, “Do not shout so much.” Barış Kurt replied, “I apologize. I have been inside for 1 year. Everyone is laughing and having fun; I wonder what I left behind outside…”

Barış Kurt also noted the following:

“I did not incite anyone regarding Erkan Doğan, I did not give instructions to anyone. What would I do by having Erkan Doğan’s 50-lira phone robbed? The claim that the mobile phone was robbed is also a fabrication. Yes, I said I knew Mr. Bora because I visited his venues. But I have no meetings, messages, social media follows, or posts with anyone, including Bora Kaplan. I have completed three universities and earned a doctorate. How could I take instructions from these people?”

AT LEAST APPLY UNJUST PROVOCATION

Stating that he has revealed that Erkan Doğan’s allegations are lies, Barış Kurt said, “I do not know what you will base a sentence on; but if you are going to give a possible sentence, I absolutely request that unjust provocation be applied. Because it is established in Erkan Doğan’s own statements that he wanted to blackmail and threaten me to collect his debt.”

TO SEIZE MY ASSETS AND PROPERTY?

While responding to the accusation that he managed the organization's political and judicial connections, Barış Kurt cried from time to time and said:

“I resigned from the party I was a member of in 2019. Which political connection did I use, when, and why? Whom did I appoint where? I do not know a single judge or prosecutor. I have never been to the courthouse. I have known Sadık Soylu for 18 years. At no point in my life have we gone to the Ankara Courthouse together. Who is Sadık Soylu? Is he a member of the Court of Cassation, a judge, a prosecutor, or the HSK President? What is his qualification? Bring him, ask him. I am at a loss as to how to prove myself. Did you slander me like this to seize my assets and property?”

Barış Kurt’s final words, through tears, were as follows:

“I do not want to belittle or look down on anyone, but we have nothing in common with 60 people. We have completely different worlds. Even Bora has given up on me. I am making my final defense; he is the organization leader, yet he did not come. Maybe I would say something. Mr. President, you pray, your forehead touches the ground in prostration. How does your conscience not ache? Why am I here? I had two heart attacks in prison. I do not forgive anyone who remains a spectator to this persecution. I do not want to come on the day of the verdict; I cannot stay, I cannot endure it. My only regret is that I did not get married. I will get married as soon as I get out. The girl has been waiting for 5 years.”

Meanwhile, Kurt’s girlfriend, who was watching the trial, was also seen crying.

After Barış Kurt completed his final defense, which lasted approximately 5 hours, at 19.30, today’s session was concluded to continue tomorrow.

News Source: 12punto