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Bora Kaplan: July 15 has become a curse for us

In his defense during the criminal organization trial, Ayhan Bora Kaplan stated that the accusations against him were baseless, arguing that the police and the prosecutor acted in collusion to set a trap for him. Highlighting irregularities during the investigation process, Kaplan pointed to the communications between the police and the prosecutor, claiming that the charges were fabricated by individuals linked to FETÖ.

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Bora Kaplan: July 15 has become a curse for us

Müyesser YILDIZ 12punto.com.tr 

The defense statements of the defendants and their lawyers against the prosecutor's final opinion in the Ayhan Bora Kaplan criminal organization trial, which began last week, continued.

Today's session of the trial, held by the Ankara 32nd High Criminal Court at the Sincan Prison complex, began with the defense of Feyzanur Kışlak, the lawyer for Uğur Pekşen, who is alleged to be Bora Kaplan's driver and bodyguard.

Stating that Uğur Pekşen was not Kaplan's bodyguard or driver, but a warehouse worker, Attorney Kışlak said, “There is no evidence other than him being caught in the same vehicle as Bora Kaplan. The reason he was there was to bring the car back to the city because Bora Kaplan was going abroad. If he were a bodyguard, there should have been three people in the vehicle. When this was realized, it was claimed he was the driver. This is also not true; because the person driving the vehicle was Bora Kaplan.” she said.

LONG DEFENSE FROM BORA KAPLAN 

After Attorney Kışlak, the number one defendant, Bora Kaplan, began his defense. Noting that he was not given enough time to work on the 80 case files and that his right to defense was restricted, Kaplan claimed that the accusations against him were prepared through the collusion of the police and the prosecutor.

Reiterating his claim that the police during the interrogation, "demanded that he slander bureaucrats, state officials, and the inner circle of Süleyman Soylu," Kaplan said, "I thought the traps had ended with FETÖ. These are a separate organization, setting up separate traps." he said.

Bora Kaplan reacted to the Prosecutor not listening to his defense by saying, "The Prosecutor is playing with his phone again, he is not looking at me. I wish he had listened to us so he wouldn't have written the opinion like this." and also criticized the Presiding Judge as follows:

"I initially thought the police had deceived you and that you believed them. But after so much has come to light, I cannot understand how you continue to act the same way."

Drawing attention to the WhatsApp correspondence between the investigation prosecutor and the police in his defense, Bora Kaplan said the following:

"If Murat Çelik [former Deputy Ankara Police Chief] hadn't wiped his phone, who knows what else would have been revealed. It would have been understood which organization he was linked to. These are the students of FETÖ members. How can this case proceed with so much forgery? I am aware that I am struggling in vain, swimming on land, and walking on water. Still, let us explain our side so it goes on the record."

THEY ARRANGED SÖZCÜ TV 

After reading some of the WhatsApp messages between the Anti-Smuggling and Organized Crime (KOM) police officers, Bora Kaplan made the following accusations:

"They had whoever they wanted appear on Sözcü TV to conduct propaganda against me. When they were arresting me, they had news stories published on T24. They also had news published by Erk Acarer and Cevheri Güven. Why not Anadolu Agency, İhlas News Agency, or TRT, but specifically opposition media and FETÖ members? Isn't there malicious intent in this?"

Bringing up the WhatsApp correspondence between the presiding judge and the police, Kaplan said, "You have ignored procedures and gone outside the rules," and continued:

"You have become too cozy with the police. A friendship and camaraderie have formed. These people are our enemies. They have produced fake evidence together with the prosecutor. And you have become cozy with them. They gave you a car to pull you to their side, and they succeeded. This has caused us to lose our trust in you. Two plus two equals four; I do not think you are being fair. You have acted as if a trial has already been held and a judgment rendered."

THE ONLY REASON IS JULY 15, BUT WHICH ORGANIZATION?

“The only reason this case was opened is because I went to the TRT building during the July 15 coup attempt. There is no other reason, there cannot be. Well, which organization do these people belong to? We are in no rush; we are already in custody. You should have waited for the trial of these police officers to conclude and for it to be revealed which organization they belong to. What the investigating prosecutor did and who they are will surely come to light one day. Even the FETÖ members did not commit this many illegal acts. They have done ten times more than the FETÖ members.”

ARGUMENT WITH THE PROSECUTOR

When Bora Kaplan remarked that the Prosecutor was repeating the indictment despite the evidence and witness testimonies that had emerged, “Either you do not know the law, or you are knowingly acting unlawfully.” the Prosecutor reacted, and the following dialogue took place:

Prosecutor: Make your defense without overstepping your bounds. I have submitted my opinion; explain your grievances to the Court. I am warning you, consider yourself warned.

Bora Kaplan: You are trampling on the law, and you expect me to turn a blind eye. If you knew the law, you would not write it this way. You are writing it because you do not know it. File a criminal complaint against me.

Presiding Judge: Alright Bora, continue.

Bora Kaplan: If they are acting unlawfully, then they shouldn't be bothered by what I have to say.

PETITION OF SECRET WITNESS Ü5 

Continuing his defense, Bora Kaplan read line by line the petition submitted to the prosecutor's office by the lawyer of Ü5, who withdrew from being a secret witness, detailing how police officers forced his client to accept this role. According to this petition, the Presiding Judge also refused to accept the withdrawal petition and told Ü5: “Don't stir up trouble, mind your own business.” Emphasizing this, he spoke as follows regarding the complainant Erkan Doğan and the other secret witness M7:

“Erkan Doğan is hungry and destitute. You saw his suit when he came here. They gave him money. If they told him, ‘Sell your father,’ he would sell him. If they told him, ‘Say so-and-so raped my mother,’ he would say it. Serdar Sertçelik is the number two defendant in this case. How could you grant him house arrest and let him flee abroad?” 

HE WAS GOING TO REVEAL THE NAME BUT CHANGED HIS MIND 

In the afternoon session of the hearing, Bora Kaplan continued to discuss the secret witness codenamed Ü5, stating the following:

“I was going to reveal his name, but when my lawyer said, ‘If it is to be said, let the Presiding Judge say it,’ I gave up. This person was born in 1996-1997. During the time of the events he describes, he would have been 16-17 years old, and the venues he names did not exist back then. He claims to have been friends with me at that age. If you put 10 people here and say, ‘Find him and we will let you go,’ I could not find him; because I do not know such a person. This secret witness system is a curse upon the country.”

Bora Kaplan alleged that during the special session where Ü5’s testimony was taken, the deputy judge did not remain present with Ü5, but instead provided his identification and left, leaving Ü5 to read a text placed in front of him. He told the Presiding Judge, “I think they deceived you, persuaded you, or you are in on it with them.”

WHICH NAMES IS THE PRESIDING JUDGE NOT MENTIONING?

Claiming that the police forced others to falsely accuse police officers who served in the previous term of bribery, he said, “They threw those police officers who persecuted me into my lap. If I were to say they took bribes from me, their lives would be over.” Bora Kaplan pointed out that although the names of Süleyman Soylu’s cousin, Sadık Soylu, and his son, Fatih Soylu, were mentioned in the testimonies, the Presiding Judge did not bring these names up.

Kaplan also responded to the Prosecutor’s characterization of the allegations regarding the investigating police officers as “speculation” by saying, "If it is speculation, why are they being tried? Bring the digital records from the 13th Criminal Court of First Instance, and let us see whether it is speculation or not. If it is speculation, then convict us for slander." he said.

Stating that the presiding judge was deceived and that he was falsely linked to an organization with ridiculous people, Bora Kaplan continued as follows:

"If we were an organization in 2016, why didn't Murat Çelik, who was the Deputy Director of the Anti-Smuggling and Organized Crime Department (KOM) at the time, arrest us or conduct an investigation? Erkan Doğan gave a statement back then as well. If it was credible, why didn't they take action? Do you know the reason? In 2016, nobody knew or recognized me. When July 15 happened and the opposition media made a fuss about me, they said, 'Oh, so this is Bora Kaplan.' It is the result of July 15, which became a curse for us."

CONVERSATIONS ABOUT YOU ARE NOT A CRIME, BUT

Bora Kaplan responded to the accusations against him based on phone wiretaps of some defendants by citing the example of the conversation between KOM Branch Deputy Director Şevket Demircan and the fugitive secret witness Serdar Sertçelik:

"Şevket Demircan explains that you spoke with the presiding judge, that you would finish me off, that one aggravated life sentence was certain, and that you were considering whether to give a second one. He mentions Bekir (Bozdağ), Mücahit Aslan, and Halkbank. We know your sincerity; perhaps it is true, but Şevket Demircan may have said these things in your absence. Shouldn't one ask this: when things are said against you, it is not a crime, you are not held responsible for it, and you do not see yourselves as responsible. So, with what logic and conscience will you sentence me based on conversations others had in my absence?"

"BORA, DO NOT PROVOKE THE PROSECUTOR"

In the final part of his defense today, Bora Kaplan reacted to the inclusion of drug trafficking and usury charges in the prosecutor's opinion, despite there being no such accusations or ongoing cases against him regarding these matters, and asked, "Mr. Prosecutor, why did you write this?"

The presiding judge warned, "Bora, do not provoke." When Kaplan replied, "Are drugs the subject of this case?", the judge intervened, saying, "Enough." Kaplan then stated:

"It is easy to write, because the lives being ruined are not your own."

 

Bora Kaplan said, "While a simple assault case takes 2 years, this case with 61 defendants is being concluded in 7 months. We have seen 'jet imams' before, but this is the first time we are seeing a 'jet panel.' The reason for this speed is not to protect our rights, but to ensure we are convicted as quickly as possible. I hope I am wrong." After stating that he was very tired and exhausted, today's session was adjourned to continue tomorrow.


News Source: 12punto

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