The Bora Kaplan trial ended before it even began!..

Müyesser YILDIZ      12punto.com.tr 

The hearing in which the defendants of the Ayhan Bora Kaplan criminal organization case were set to present their defense against the prosecutor's final opinion ended before it could begin due to a motion for the recusal of the judge. The hearing was adjourned until November 18.

In the hearing held last month at the Ankara 32nd High Criminal Court, the prosecutor, who presented the final opinion, had requested a life sentence and up to 150 years in prison for Bora Kaplan, who is alleged to be the leader of the organization.

Today's session of the case began with procedural debates. When the Presiding Judge reminded the court that a defendant could have a maximum of three attorneys present in the courtroom, the attorneys for Bora Kaplan and Barış Kurt requested that this be recorded in the SEGBİS (Audio and Video Information System) record and that the justification for this be explained.

The following dialogue then took place:

Atty. Umut Köroğlu: We have been present as three attorneys until today. We are three attorneys today as well. The presence of another attorney today or the request for one of us to withdraw is contrary to the Criminal Procedure Code (CMK). It is in accordance with the law for a defendant to have more than three attorneys and for three of them to be present in the courtroom.

YOU ARE NOT ABOVE THE LAW

Atty. Oğuzhan Bilgin: I have also served as a presiding judge of a high criminal court. This is the first time I have seen such a procedure. You are not above the law. I want you to explain the reason why you are not applying the law.

Atty. Muhammet Hardalaç: Because it is behind you, you cannot see the sign that says, "Justice is the foundation of the state." Say something regarding the decision you will make.

Presiding Judge: What will we do if another attorney comes the next day?

Atty. Muhammet Hardalaç: They will come. How do I know I won't die tomorrow? Otherwise, the law would say, "Once an attorney dies, no other attorney may enter until the end of the case."

Presiding Judge: So, you have no intention of dragging out the case by constantly changing attorneys. Very well, we understand.

I DO NOT BELIEVE IN YOUR JUSTICE

After these debates, the Presiding Judge stated that the motion for recusal filed by Bora Kaplan's attorneys had been rejected by the 33rd High Criminal Court, asked whether they would appeal this decision, and said, "We cannot proceed until that becomes final. If you are not going to appeal, let us continue." The attorneys stated that they would appeal and that the panel should withdraw from the case.

The judge also asked Bora Kaplan, "Will you appeal as well?" Kaplan replied, "I will too. I do not believe in your justice."

Following the prosecutor's opinion that "the trial should be stayed until the decision regarding the motion for recusal becomes final," the Presiding Judge adjourned the hearing to November 18, while ordering the continued detention of the defendants.

News Source: Müyesser Yıldız