Very interesting developments in the Bora Kaplan case!

Müyesser Yıldız - 12punto.com.tr

In the “Bora Kaplan criminal organization” case involving 61 defendants, which was heard at the Ankara 32nd High Criminal Court and concluded on December 3, 2024, Kaplan was sentenced to a total of 68 years in prison for the crimes of “establishing and managing an armed criminal organization, intentional injury against 8 people, deprivation of liberty of 2 people, inciting aggravated injury, and inciting the harboring of a criminal,” while the majority of the defendants were given various sentences and some were acquitted. These decisions were upheld by the 1st Criminal Chamber of the Ankara Regional Court of Justice on July 7.

However, on July 11, three prosecutors from the Regional Court of Justice appealed to the Board of Presidents of the Criminal Chambers, requesting that the decision be overturned for all defendants on the grounds that it was contrary to the law in terms of both procedure and substance.

In its meeting on October 21, the Board of Presidents of the Criminal Chambers decided by majority vote to accept part of the prosecutors' appeals, despite the dissenting opinion of the President of the 1st Criminal Chamber, who argued that the appeal should be rejected.

The Board of Presidents first ruled that the status of the case opened regarding some individuals who were both defendants and complainants—including the fugitive secret witness Serdar Sertçelik, whose files were separated from the verdict—and all related cases should be investigated; if no decision had been reached, they should be examined, and if a decision had been reached, the documents should be added to the file.

THE SECRET WITNESS CASE WILL AFFECT THE OUTCOME

The most remarkable decision made by the Board of Presidents concerned the trial of the police officers who conducted the Bora Kaplan operation, who are being prosecuted on charges of negligence in the escape of the case's secret witness and defendant, codenamed M7, Serdar Sertçelik.

Let us first recall the subject of this trial.

After Serdar Sertçelik fled, he claimed in statements made from abroad that the police had directed him. After Devlet Bahçeli, leader of the People's Alliance partner MHP, described this as a “coup against the government,” the police officers who conducted the Bora Kaplan operation—then-Ankara Deputy Police Chief Murat Çelik, Organized Crime Bureau Chief Kerem Gökay Öner, Deputy Chief Şevket Demircan, and commissioners Ufuk Gültekin, Metehan İlkyaz, and Gökhan Karaca—were first suspended, and then all except Kerem Gökay Öner were arrested.

A lawsuit was filed against these police officers, who were released after three to four months of detention, at the Ankara 13th Criminal Court of First Instance on charges of “misconduct in office, harboring a criminal, and attempting to influence a witness.” In that case, the prosecutor requested a decision of “lack of jurisdiction,” but the judge refused. Following a change of judge, at the fourth hearing held on September 17, the prosecutor once again requested a decision of “lack of jurisdiction,” stating that the court authorized for the crimes in question was the high criminal court. Although the defendants and their lawyers stated that this would prolong the trial and reminded the court that the previous judge had rejected the request, the judge issued a “lack of jurisdiction” decision and sent the file to the high criminal court.

The Board of Presidents of the Criminal Chambers made the following decision on this matter:

“Since it is understood that the investigation into the public officials being tried regarding the manner in which the witnesses—who were shown as the basis for the verdict and who later recanted their statements given as secret witnesses after being exposed—were obtained, whether these witnesses were heard in accordance with the procedure, whether they were directed, and whether the release of the witnesses who were also perpetrators of the crime was in accordance with the law, will affect the outcome in terms of whether the statements of those taken as secret witnesses should be used as the basis for the verdict, it is deemed necessary to investigate the status of the file at the Ankara 13th Criminal Court of First Instance; if that file has reached a verdict, the documents in said file should be added to the current file, and if it has not, it should be evaluated whether it should be merged; in this context, the Chief Public Prosecutor's appeal is accepted...”

Finally, the Board of Presidents decided that there was “no need to issue a decision” regarding the Chief Public Prosecutor's request for the sentencing of former AKP Ankara Provincial Vice President and Çankaya Municipal Council Member Barış Kurt, as well as Cemil Kumaşçıoğlu and Mümen Ali Beldek, for organization membership as well, on the grounds that “the appeal made in favor of and against the perpetrators and their actions has been accepted,” and sent the file to the 1st Criminal Chamber to carry out the procedures related to the accepted appeals.

The President of the 1st Criminal Chamber, who did not join the majority decision at the board meeting, stated in his dissenting opinion that the Ankara 32nd High Criminal Court, which conducted the trial, did not see a need for a merger because the events were different after detailed discussions.

Müyesser YILDIZ

November 8, 2025

News Source: Müyesser Yıldız