Prosecutor's letter to the court stirs controversy... Presiding Judge says, 'If Hablemitoğlu were alive, he would have written Mole 2 and 3'

Müyesser YILDIZ 12punto.com.tr

In the trial of Serkan Dinçer, a police officer serving in the Ankara Narcotics Branch, and police chiefs Murat Çelik, Kerem Gökay Öner, and Şevket Demircan—who conducted the Bora Kaplan operation—accused of leaking the police interrogation statements of Bora Kaplan, who was sentenced to 68 years in prison on charges of being a crime syndicate leader, to fugitive Cevheri Güven, who is part of the "FETÖ" media structure; a letter sent to the court by Mustafa Kaya, the Smuggling and Organized Crime Prosecutor who prepared the Bora Kaplan crime syndicate indictment, stating that "Bora Kaplan sent his own testimony to Cevheri Güven upon his own instructions," has literally stirred up controversy. Emphasizing that the letter in question was published before it even reached his desk, the Presiding Judge said, "If the late Necip Hablemitoğlu were alive, he would have rightfully written Mole 2 and 3, I suppose."

While the court decided to continue the detention of former police officer Serkan Dinçer, who has been imprisoned for approximately 2.5 years, it also decided to ask the Smuggling and Organized Crime Prosecutor's Office how, where, and by whom the phone containing the WhatsApp messages mentioned in that letter was seized, whether fingerprint analysis was conducted on this phone, whether the actual user of the line was identified, and what the claim that the phone mentioned in the messages belongs to Cevheri Güven is based on.

In the hearing on July 11 at the Ankara 17th High Criminal Court, the prosecutor, who presented his opinion on the merits, had requested that the detained defendant Serkan Dinçer be sentenced to 10 years for membership in an organization, and that former Ankara Deputy Police Chief Murat Çelik, former KOM Branch Manager Kerem Gökay Öner, and KOM Branch Deputy Manager Şevket Demircan be sentenced to up to 5 years in prison for "breach of confidentiality and misconduct in office." It was expected that the defendants would present their defenses against this opinion and a verdict would be reached at the hearing on September 10. However, after the Presiding Judge changed and the new President stated that there were other issues to investigate, the defenses were not taken and the trial continued.

LETTER SUBJECT TO ACCESS BLOCK READ IN COURT

Before today's hearing, journalist Alican Uludağ recently shared the letter sent by the Smuggling and Organized Crime Prosecutor's Office to the 17th High Criminal Court on January 12.

In this letter, which relates to another investigation also conducted by Prosecutor Mustafa Kaya in which Bora Kaplan's lawyers, Tarık Teoman, and some other individuals were arrested, but which is under a confidentiality order; it was reported that the phone belonging to fugitive lawyer Cengiz Haliç was seized, that WhatsApp messages with fugitive secret witness Serdar Sertçelik were found on this phone, and that the messages contained findings that Bora Kaplan himself requested the leaking of his statements to Erk Acarer and Cevheri Güven, but that the technical examination report regarding the phone was not sent in full due to the confidentiality order on the file.

However, an access block was immediately placed on this article by Alican Uludağ.

At today's hearing, while the Presiding Judge was providing information about the information and documents that had arrived in the file, he also read this letter from the Prosecutor's Office, which had been subject to an access block, and entered it into the records. Then, the statements of the detained defendant Serkan Dinçer and the lawyers were taken.

"WHO LEAKED MY PHOTO FROM THE POLICE DEPARTMENT?"

Serkan Dinçer explained that the letter sent by the Prosecutor's Office showed that the Ayhan Bora Kaplan crime syndicate acted in unity of action and intent, that he was in prison for lies and slander at the time the messages in question were written, that Cevheri Güven himself said, "These statements came to me from Bora Kaplan's men," and that expert reports revealed he had no communication with "FETÖ" members, and said the following:

"In the later stages, it was revealed that a journalist named S.K. sent the statements to Cevheri Güven, but I am still unlawfully detained. Downloading a file circulating on social media is not a crime. 180 thousand people downloaded it in 3 days. I haven't even drunk a glass of water from FETÖ. Who are the ones who published my photos everywhere after the slanders? I don't have a photo anywhere; the published photo is my photo from the Police Department. Who leaked this?"

His lawyer also stated that with the documents and evidence received, it was clearly revealed that Serkan Dinçer had no connection with Cevheri Güven and who leaked information to the "FETÖ remnant," saying, "We learned who the informant about Serkan Dinçer was 1 year later. This person is a dismissed police chief named K.A., with whom Dinçer is hostile, due to bitcoin fraud. A lawsuit was filed based on the word of such a person, and we have been struggling for 3 years. We filed for release last week after that letter from the Smuggling and Organized Crime Prosecutor, but he was not released again. Under these conditions, justice needs to be reconsidered."

Meanwhile, Sidar Yurtçiçek, one of Bora Kaplan's lawyers, who came to the courtroom, requested to join the case. When the Presiding Judge stated that they would evaluate it if they submitted a petition, Lawyer Yurtçiçek thanked him and left the hearing.

"CHILDREN ARE BEING KILLED BECAUSE THE WILL TO FIGHT IS BEING BROKEN"

Suna Öztaşdönderen, the lawyer for the non-detained defendant and former Ankara KOM Branch Manager Kerem Gökay Öner, also noted that the letter sent by Prosecutor Mustafa Kaya proved that the police chiefs were innocent, and then spoke as follows:

"My client is a 3rd-grade police chief and is waiting, saying 'What else will happen to us?' When the will of those fighting against the mafia and crime syndicates is broken, we will not be able to find anyone to fight. Children are being killed, and slogans are being chanted in courthouses in favor of those killed. The biggest reason for this is that the will to fight the mafia is not supported by the law. An access block was placed on the letter sent by the prosecutor, which stated that the defendants had no connection with the FETÖ organization. However, our clients were called 'FETÖ members.' Therefore, the year lost is 4 years. We demand the restoration of our clients' reputations. The table where the image of the statement sent to Cevheri Güven was taken is a gilded table. The table of Lawyer Tarık Teoman, who was arrested on charges of being a member of the Bora Kaplan crime syndicate, is gilded. That statement was taken there. There is no gilded table in the police department. Bora Kaplan's lawyer came here and requested to join. There are three important cases against Bora Kaplan. When our clients are convicted here, they will create evidence for their own files."

"MOLE" HINT FROM THE PRESIDING JUDGE

Deniz Dilşad Güldenoğlu, the lawyer for former Ankara Deputy Police Chief Murat Çelik, one of the names who conducted the Bora Kaplan operation, stated that the defendant chiefs were chosen as victims through a complete fabrication and that the letter sent by Prosecutor Mustafa Kaya revealed her client's innocence, saying, "Actually, we are the complainants in this case. Let the chiefs be acquitted, or if the case is to be prolonged for Serkan Dinçer, let the files be separated."

Murat Çelik's other lawyer, Ahmet Ulukanlıgil, claimed that the police officers fighting against the mafia, drug barons, and "FETÖ" were victimized by this lawsuit, which was opened with the pressure of the extensions of the Bora Kaplan crime syndicate within the state, and emphasized that the letter sent by Prosecutor Mustafa Kaya was the final point of what they had been saying for 2 years and that it was clarified that the crime syndicate leaked the statements.

Recep Öksüz, the lawyer for former KOM Branch Deputy Manager Şevket Demircan, also claimed that the indictment of the case was prepared with the pressure of the Bora Kaplan prosecutors and said, "People have proven their innocence. The letter sent by Prosecutor Mustafa Kaya was the proof of this. The letter shows how intricate the Bora Kaplan crime syndicate is, and even that they cooperated with FETÖ. The decision you make will be an indication that this setup will not hold."

When Murat Çelik's lawyer Deniz Dilşad Güldenoğlu asked for the floor again, the following dialogue took place:

Lawyer Güldenoğlu: "We did not want to show what a FETÖ member said as evidence, but Cevheri Güven said in a broadcast, mocking, 'I didn't get these from them, I got them from Bora Kaplan's men.' In the end, what a FETÖ member said turned out to be true. Fortunately, he turned out to be right."

Judge: "The state's judiciary does not act according to broadcasts made abroad. An ironic situation or something else; again, the Prosecutor's letter is the subject of broadcasts before it reaches my desk. This shows how they still work. But such broadcasts are not to be taken seriously by the judiciary. We will already file a criminal complaint about this. If the late Necip Hablemitoğlu were alive, he would have rightfully published Mole 2 and 3, I suppose."

Meanwhile, defendant Serkan Dinçer pointed out that the expert who prepared the report about him was not an expert in this field, and that an investigation had been opened against him by the Regional Board of Expert Witnesses.

After the statements were completed, the newly appointed prosecutor, following the retirement of the court's former prosecutor, stated that he reiterated the opinion on the merits given in previous hearings and requested that Serkan Dinçer's detention be continued.

Against this opinion, Serkan Dinçer said, "I have been detained for 3 years, I want my release," while his lawyer said that there was nothing requiring detention and that he did not accept the opinion.

Announcing the decisions after the break, the Presiding Judge announced that it was decided to continue Serkan Dinçer's detention, and to ask the Smuggling and Organized Crime Prosecutor's Office how, where, and by whom the phone containing the WhatsApp messages mentioned in that letter was seized, whether there were any images related to this if it was seized during an operation, whether fingerprint analysis was conducted on the phone in question, whether the actual user of the line was identified considering the large number of fake users, and what the claim that the phone mentioned in the messages belongs to Cevheri Güven is based on, and also to request the technical report prepared after the phone examination. The hearing was adjourned to April 6.

News Source: Müyesser Yıldız