Hablemitoğlu assassination trial: A new opinion from the new prosecutor?!

Müyesser Yıldız-12punto.com.tr

The prosecutor did not make anyassessment regarding the finalopinion prepared by Zafer Ergün, in which he requested aggravatedlife imprisonment for 6 defendants,while Ergün's previous stance remained unclear.The defense attorneys, who accused Ergün of being a "FETÖ" member and "tampering with evidence,"requested that the new prosecutor prepare a newopinion. The courtthen decided to submit the fileto the prosecutorto determine whether they would make any changes to the final opinion,while also addressing the status of Nuri G., the only detained defendant in the case.Gökhan Bozkır's detention status, and the judicial control measures for the other defendants, consisting of a ban on leaving the province, were ordered to continue.

In the case, which has been heard at the Ankara 28th High Criminal Court for approximately 3 years,the prosecutor presented thefinal opinion on the merits during the June 27 session,requesting sentencing.to submit hisrequest for the fileto be referred to the Prosecutor's Office, and 21 days later, on July 18, he submitted hisopinion and requested that defendants Levent Göktaş, Tarkan Mumcuoğlu, Nuri Gökhan Bozkr, Fikret Emek, Enver Altaylı and Aydın Köstem toaggravated life imprisonment, and Mehmet Narin for membership in an organizationhad requested that they be punished.

At the hearing on October 20, it was decided that the defendants would present their defense against this opinion. However, former Prosecutor Zafer ErgünErgün's decision of "non-prosecution" regarding the identification of the individuals who followed Hablemitoğlu during his conference in Eskişehir and on the day of the murder at Migroshas not yet been resolveddue to the objections filed by both the Hablemitoğlu family's lawyers and Levent Göktaş's lawyer.The processis ongoing.to take the defensescould not be completed and for the result of the objection to be awaitedfor the hearing was postponed to today.

IS LEVENT GÖKTAŞ A SUSPECT IN THE GAFFAR OKKAN ASSASSINATION?

The hearWith the exception of Mehmet Narin, who was excused from the hearings, Levent Göktaş, Tarkan Mumcuoğlu, Fikret Emek, and Aydın Köstem were present in the courtroom,while the only detained defendant in the case, Nuri Gökhan Bozkır, and Enver Altaylı, who is convicted of another crime, were also present.At today's session, where [the defendant] also connected via SEGBİS from Sincan Prison,the following interestingdevelopment occurredat thebeginning of the hearing:

The Presiding Judge stated that the Diyarbakır Chief Public Prosecutor's Office TerrorCrimesInvestigation BHe announced that he requestedthe statements,the indictment,and witness testimonies of Levent Göktaş in this case, as part of an investigation into the 2001assassinationof Gaffar Okkan.Hestated this.

Regarding this investigation, which has been ongoing since 2014 and kept confidential, a letter sent from Diyarbakırdid not mentionGaffar Okkan at all,yet the fact that the Presiding Judge pointed this outdrew attention, while the letter mentioned LeventGöktaş. was referred to as a“suspect”, but it waslearned that no informationhad been sought from them untiltoday.

TGöktaş's lawyer, Ali Soykan, also limited his defense at the hearing regarding this article to the observation that, "It was written two days before Prosecutor Zafer Ergün was reassigned to Aksaray by decree."Enver Altaylı: "MAY THE CURSE OF GOD BE UPON ME"

Since the result of the objection filed against the "decision of non-prosecution" regarding the investigation of the individuals who followed Hablemito

ğlu has not yet arrived,the final opinion on the meritscould not be presented today.the opinionagainst thedefense arguments were notproceeded to, and requests and statements weretaken.

The Hablemitoğlu family's lawyer, İlknur Kodaz, stated thatthe investigation inquestion regarding this assassinationin a way that leaves no room fordoubt, it is importantinterms of clarifying it,and that this investigationshould be concluded properly and by usingall technical resourcesshould be clarified, stating that otherwise, any conviction or acquittal decisions rendered would be questioned,and subsequently requested the continuation of Nuri Gökhan Bozkır's detention and the judicial control measures for the other defendants.The prosecutor also provided an opinionin favor of waiting for the decision of the 9th Criminal Judgeship of Peace, as well as the continuation of Nuri Gökhan Bozkır's detention and the judicial control measures for the other defendants.

The prosecutor also provided an opinionin favor of waiting for the decision of the 9th Criminal Judgeship of Peace, as well as the continuation of Nuri Gökhan Bozkır's detention and the judicial control measures for the other defendants.The prosecutor also provided an opinionin favor of waiting for the decision of the 9th Criminal Judgeship of Peace, as well as the continuation of Nuri Gökhan Bozkır's detention and the judicial control measures for the other defendants.

Defendants Levent Göktaşand Fikret Emek also requested that the decision of the 9th Criminal Judgeship of Peace be awaited, while Tarkan Mumcuoğlu, speaking for almost the first time since his initial defense, reminded the Hablemitoğlu family's lawyer, İlknur Kodaz, that she was not present at the hearing where their release was ordered, stating, "I would have liked to hear the reason why she requested the continuation of judicial control measures. For 1279 days, we have fulfilledthe requirements of patience. From now on, the decision is yours."

Aydın Köstem also noted that he was the only one among them wearing an electronic monitoring tag.stating that he was the most aggrieved person, he asked, "Who had this done and why, why is it still not brought to light, who is making me suffer this punishment?"Heposed these questions.

Enver Altaylı,on the other hand,spoke asfollows:

“I am 82 years old. What I have to say may not have legal weight, but I am appealing to your conscience. If I have any connection to this murder, may God’s curse be upon me and my three daughters. This conspiracyI leave those who set this up to God. This is a verygreatoath for someone who hasrendered extraordinaryservices to their country. In my life,I have neverknown Necip HablemitoI did not see Hablemitoğlu.Before or after the murder,I had no conversationswith anyone regarding him.I was convicted of espionage.What they call evidence is Russia'saction plandirected at Turkey.was. These documents reached me, and I in turn delivered them to our state officials. I asked the prosecutor who accused me of thiswhetherthey were a Russian prosecutor or a Turkish prosecutor. It is a sin."

ALLEGATION THAT "THE PROSECUTOR WAS FETÖ'S KAYSERİ IMAM"

When one of the defendants, Nuri Gökhan Bozkır began his remarks by saying, “Let the new lawyer listen too,”the Presiding Judge asked, “Who is the new lawyer?” Bozkır indicated that he was referring to thelawyer for the Hablemitoğlu family and made the following claims:“It has been revealed through witness testimonies and HTS records that I did notfollow Hablemitoğlu.”

The defendant continued his defense by challenging the evidence presented. emerged.The indictment and theopinion were based entirely on Zihni Çakır.Would a person involved in an incident tell these things to a journalist 13 years later? Even if they did, wouldn't they say, 'Keep my name hidden'? Yet, I supposedly said, 'You can easily give my name.' Despite the prosecutor, theimages werematched, and it was understood that we did not follow Hablemitoğlu at the Eskişehir conference or at Migros. With such concrete evidence available, why am Istill being accused of stalking?The lawyers' rrejected all requestsfor thisreason, in this case, not a single stepcould be taken in 3 years. If the people in thefootage that the prosecutorconcealed were investigated, the realperpetrators would have beenrevealed. Let the public know that, to the file as emphasized by Attorney Ali Soykan, who is veryfamiliar with the case, if the HTS recordsin the crime scene areahad been investigated, it would have revealedthe truth. The investigation prosecutor hid these, ignored them, and lied to thecourt. The investigationprosecutor was a ByLock user, as Zihni himself stated here He said. They mistakenly put me in the ward with FETÖ members, they all poured out. Prosecutor Zafer Ergthey explained that he was the FETÖ Kayseri imamand that he used ByLock for communicationpurposes.K.Ç., who explained this,was arrestedby Zafer Ergünwithintwo weeks.released in the process,and laterarrested along with the verdict.Another incident; the police officer whom Zafer Ergün personally requestedand said, 'This will be my bodyguard,' turns out to be a FETÖ member.This investigation is Zihni It is an investigationconducted with two false witnesses like Çakır and Abdurrahman Şimşek. Levent Göktaş is thegreatest person to comeafter Atatürk.a great hero.Under his command, I wasproud to work. He saved my life twice. He saved manyothers as well.Becauseit became currentevents,for let me also saythis; in 1995, he saved Masoud Barzani and his family during the PUK attack. I am not engaging in demagoguery, your honor, FETÖ is still among you and is still very powerful. Because I do not want to belittlemyself by asking for something you will notdo, I am not requestingmy release.”

"THE ONLY SUSPECT WAS THE PROSECUTOR"

After the defendants, the floor was given to the lawyers for their statements.Tarkan Mumcuoğlu's lawyer, Enes Taner, addressed the prosecutor'sarguments regarding the "nature andcharacter of the alleged crime,the risk of flight, and thedestruction of evidence" claims.with the suspicion of” the continuation of the judicial control measureto the request, heresponded as follows:

“After we proved that Tarkan Mumcuoğlu was in Kazakhstan on the date of the murder, even Prosecutor Zafer Ergün, who preparedthe indictment and the opinion,could not sustain the allegationsabandoned theclaim. He only saidit mighthavecome about in a way to 'arouse suspicion.' Regarding Tarkan Mumcuoğlu'sflight risk and tampering with evidence There is no doubt about it. Because the evidence in this file was obscured long ago,and the indictment prosecutor continued that obscuration. The only person in this filesuspected of concealing evidencewas the indictment prosecutor. Now that obstacle has also been removed.”Mumcuoğlu's other lawyer, Eren Turan, also stated that they agreed with the statements of the Hablemitoğlu family's lawyer regarding waiting for the decision of the 9th Criminal Judgeship of Peace, and emphasized the following:

“The reason for the judicial control decision is the connection between the current defendants and the

actual perpetrators who followed Hablemitoğlu in Eskişehir and at Migros.There is a link between them.was to investigate whether there was a connection. Expert examinations revealed that there was no connection. The indictment prosecutor also abandoned manyof his requests, and the indictment became groundless. At the stage reached,there is nodoubt left.Our expectation is that the police officerswho served during the period of the murderbe investigated andall evidence be re-evaluated.evaluated and a new opinionbe submitted on behalf of the public.”

The lawyer for Mehmet Narin,who is facing charges of membership in an organization, Hülya Elmadağalso stated thatthere is no concrete evidencethat her client is a member of the organization,and requested that his file be separated as the trial would be prolonged.

THE PROSECUTOR'S REASSIGNMENT TO AKSARAY

Levent Göktaş's lawyer, Ali Soykan, stated that Nuri Gökhan Bozkır had only recently arrived at the Special Forces Command in June 2002, when he was alleged to have been following Hablemitoğlu, and that Göktaşthat he was also appointed to the MAK Command on the samedays,and therefore,such an organization and chain of commandcould not have existed, he continued as follows:follows:

“ProsecutorZafer Ergday, Göktaş's transfer from MAK to EDOKwas suspicious,hestated.It seems that one does not die without experiencing what they condemn. is not dying; he himself was reassigned to Aksaray by the HSK decree. Prosecutor Ergün, who during the indictment phase called this incident an 'ordinary murder' and personalized the file by making requests on his own behalf,in his finalopinionargued that this was a political assassination.He asserted this. With the indictment Let the opinionof the new trialprosecutor be takenregarding thiscontroversialopinion.The murderis evidence to solve it is present in the file. I believe the real perpetrators have been identified. The MIT Undersecretary of the periodMIT UndersecretaryUndersecretaryŞenkal Atasagun clearly called and warned Hablemitoğlu. Let Şenkal Atasagun be heard and let these questions be asked.”

Finally, Nuri Gökhan Bozkır's lawyer Emrah Yücel also, the Prosecutoraccusing Zafer Ergün and statingthe following:

“The indictment was full of oddities. The finalopinion was not an opinion, buta second indictment. But the current prosecutor, this opdid not make any assessment regarding the opinion.I am now ashamed to defend myself or explain things. In the midst of such lawlessness,Nuri Gökhan Bozkır was arrested for the second timeon the grounds that he violatedjudicial controlmeasures. Even if it were a stone,it would crack. cracks. It has been 2 years. He is the one being tried with the lightest sentence. Isn't there a contradiction in this? Nuri Gökhan Bozkır was manipulated; he believed he would be a secret witness and that the file on the onion trucks in Urfa would be closed. Fine, myclient is guilty, but ProsecutorZafer Ergdoes Ergün have no faultat all in the case reachingthis state?”

Following the 1-hourbreak, the Presiding Judge ruled for the continuation of Nuri Gökhan Bozkır's detention and the judicial control measures for the other defendants, along with the final opinion to beto notify whether any changes will be made to the fileit was decided to submit the case to the prosecutorannounced.

The hearing was adjourned to January 30 - February 2, 2026.

News Source: 12punto