Mustafa Ünal (50), a jailed veteran journalist and former Ankara bureau chief for the now-shuttered Zaman daily, stated in his last defence before the court, “Remember me as the man who advocated a verse of the Quran.”
Ünal, who was arrested after a controversial military coup attempt on July 15, 2016 and has been held in Silivri Prison in İstanbul for over 22 months, started to present his last defence before the court on May 11, part of a trial of 31 defendants from Zaman.
Ünal faces a life sentence in a decision to be handed down by the court June 7-8, 2018. Among the evidence for the accusations directed at Ünal is a verse from the Quran that he tweeted every Friday morning.
“I am grateful that the verse of the Quran, ‘Verily, God commands justice…’ came to me in this turmoil. I’m pleased to have this honour. Happy to advocate a verse like that. This is the most meaningful heritage I will leave my children, grandchildren and loved ones. They will remember me as the man advocating that verse without blinking an eye, without softening his tongue, without minding any penalty he may face. Also, my millions of readers, wherever they are, will remember me like that,” he said.
Ünal added: “Advocating the verse came to me, just as ‘criminal evidence’ came to the prosecutor, how I assume it came to the court and how setting the stage for this came to the ruling AKP [Justice and Development Party]. I would like to remind you judges… If you sentence me for even one day, this will mean that you convicted God’s verse. You cannot conceal this reality with your trivial objections. I’m not saying that history will record this picture in this way; it has already recorded it.”
Turkey is ranked 157th among 180 countries in the 2018 World Press Freedom Index recently released by Reporters Without Borders (RSF). If Turkey falls two more places, it will make it to the list of countries on the blacklist, which have the poorest record in press freedom.
Turkey is the biggest jailer of journalists in the world. The most recent figures documented by SCF show that 253 journalists and media workers were in jail as of May 11, 2018, most in pretrial detention. Of those in prison 192 were under arrest pending trial while only 61 journalists have been convicted and are serving their time. Detention warrants are outstanding for 142 journalists who are living in exile or remain at large in Turkey.
Detaining tens of thousands of people over alleged links to the Gülen movement, the government also closed down some 200 media outlets, including Kurdish news agencies and newspapers, after the coup attempt in Turkey on July 15, 2016.
The Stockholm Center for Freedom (SCF) presents the full text of Ünal’s last defence before the court:
I am not the one being judged here.
In the person of myself, a (Quran’s) verse is being tried.
Freedom of thought and opinion is being tried.
Journalism and freedom of expression are being tried.
Innocence is being tried.
‘State of Law’ and the ‘Constitution’ of the Republic of Turkey is being tried.
Here, the Justice and Development Party (AKP) is actually being tried.
I’m not complaining about being on the defendant’s desk.
I did not commit a crime. I did not do anything to be ashamed of.
I stand tall, my hands are clean…
When a bear wants to eat its cub, first it covers it with mud… Those, who wanted to cover me with mud, also appeared. Black propaganda was poured over me. But this mud doesn’t go with me.
This trial has not weakened me, on the contrary, strengthened.
Yes, I thought… I used my mind that God has bestowed on me. I am not a man without thought… I have thoughts.
I expressed my thoughts… I wrote them down. I wrote articles on the newspaper. I do not regret it. I am accused of writing my thoughts.
I will continue to express my thoughts and feelings. I will not be thoughtless… I will not live without a pen. Even though it costs a life sentence…
God created me as a man of understanding and endowed me an ability to think freely. I have never hired my mind to anyone or sold my pen!
I am not afraid of being judged, but this picture touches me deeply. I am so sorry on behalf of my country. We, journalists who do not have any act but writing, face with accusation of being terrorist!
This is not a picture that can be defended.
I look at those people who stand in the dock, but I am not able to see anyone who looks like terrorist! The stain of feloniousness reflects on a person’s face. There is no stain on any face here!
I or we are very well known by the conservative people and in the streets of AKP. We are not terrorists! We have nothing to do with arm or armed terrorist organisation. We are journalists who think and express our thoughts via pen!
My concern is all about my country! This picture falls as a black spot on democratic system.
We are white-collar workers who live on by writing. I would never expect that such a picture would be reflected in the courtrooms under the rule AKP. I was wrong!
This was not the dream of AKP. This was not Turkey that AKP promised to establish! They would promote freedom of thought. All obstacles to freedom of thought would be removed! The prohibitions would be prohibited!
Look at the people standing in the dock carefully!
This picture will not be forgotten for ever and ever! It will be remembered as a shame of AKP that came to the power with freedom songs.
I have to ask…
Oh, Numan Kurtulmuş! Under your rule, Ali Bulaç is being judged as a terrorist! Are you aware of that?!
Oh, Naci Bostancı! Under your rule, Ahmet Turan Alkan is being judged as a terrorist! Are you aware of that?!
Oh, Mustafa Şentop! Under your rule, Mümtazer Türköne is being judged as a terrorist! Are you aware of that?!
Oh, Nabi Avcı! Under your rule, Şahin Alpay is being judged as a terrorist.! Are you aware of that?!
Oh, Recep Tayyip Erdoğan! Dear Mr. President! The one who visited you at the Pınarhisar Prison was me!…
The one who stand with you while all media treated you like a leprous was me!…
The one who took a stand in favour of democracy during the closure case of AKP, a-memorandum of April 27, on April 15, even on July 15 was me!…
The one who made your voice to be heard at the days of foundation, at your most difficult times, while nobody cared you was me!…
Under your rule, I am being judged as a terrorist and a coup plotter with the punishment of life sentence! Are you aware of that?!
I am asking to the people of understanding and conscience: We, journalists whose only act is to write, are being judged with the accusation of being terrorist and coup plotter… Are you aware of that?!
Don’t you assume yourself as an addressee to the message of “those who remain silent in the face of injustice become a satan without tongue”?
This is a shame for Turkey, a disgrace to AKP.
This is a picture which Turkey, especially AKP, does not want to remember and face to…
Those who have experienced us this unlawfulness will not be able to save themselves from the wrath of the history and God. A verse of Quran is being judged!
First of all, I would like to start my defence with an assessment of “an evidence” that wounded me deeply and made me so upset on behalf of my country, Turkey.
The evidence first took place in the legal opinion. It was not in the indictment and the documents in the file. We did not discussed this evidence during the trial. This is evidently unlawful pursuant to the Code of Criminal Procedure of Turkey (CMK).
I could not understand why the prosecutor put it into the opinion as to accusations although he knew this unlawfulness.
Of course, the prosecutor cannot be ignorant of CMK.
There is a procedural error…
I remind you: procedure comes before substance.
I would like to present to your attention the most striking evidence went down in the world history of law.
The prosecutor was reading his opinion as to accusations and when he started reading the section related to me I paid attention to it, held my breath and, started to listen.
I was shocked when the sentences of “Verily, God commands justice…” and “jummah mubarak…” came out of his mouth. I could not believe in what I heard. I reacted unwillingly, “But that is a verse (of Quran)” I said. The prosecutor did not care! He kept reading!
I could not recover from the shock for a long time. I was under the influence of it the whole day. I felt as if my blood was pulled from veins.
I supposed that I heard incorrectly. I started to wait the record of proceedings. I sincerely wished the prosecutor who heard my first reaction to correct his mistake and somehow withdrew the evidence. Unfortunately he didn’t!
When my lawyer brought the opinion as to accusations, at first I looked at aforementioned message! What I heard was true! The word and the transcript overlapped!
Yes, I confess…
This Twitter message belongs to me.
I plead guilty.
I did not tweet this message once… I repeated it every Friday over the years.
I mean my guilt is accumulated. I committed this crime every single Friday. I am not regretful! I will resume doing the same thing as soon as being released.
I am declaring here the crime which I will commit perhaps after months or years!
All the world shall hear it, not only you, the judges.
I am not taking steps backward, on the contrary, I am taking step forward. That’s why you can give me an aggravated verdict. It does not matter for me!
It is my honour and glory of my life.
The content of this tweet message does not belong to me!
Because of that, I wrote it in quotation marks. This is a quotation…
It is not necessary to have education of Turkish language to know something in quotation marks is a quotation!
Anyone joined to any school knows that!
This message (which I repeatedly tweeted) is a verse from Holy Quran (surah: Nahl, verse:90). Every Friday, it is read with original (Arabic) version as well as its Turkish translation in mosques.
This verse comes to everybody’s ears.
I am afraid of the prosecutor to regard my statements also as a report of crime. No, I am not an informant. I am not reporting a crime.
I just state a reality. I defend myself.
Having shared this information, I actually worry that the prosecutor will launch an investigation against the imams who recite the verse which I shared in my twitter account every Friday.
Isn’t it a crime for the imams who repeatedly recite it on Fridays before congregation, while it is an evidence of a crime for a journalist?
According to the prosecutor’s logic of crime, it is…! It is even a heinous crime…! However, the guilt of those people who repeat and constantly recite the verse before congregations cannot be less unimportant than mine!
Seeing as “everyone is equal before the law,” it is out of question that the imams do not have any privilege compared to journalists!
If the mentality of “the inquisition” continue to effect Turkish judiciary, it is about to launch a collective investigation to the imams just because of reciting this verse.
Why did the prosecutor write this verse as a criminal evidence? I have been thinking for 35 days…I could not find an answer!
I cannot think he does not know that the verse is a holy scripture! It is not necessary to be a muslim who is a regular visitor of mosque or of Friday prayer to know that! In order to know that, it is enough to be aware of the culture of this territory and breath in this geography!
Today is May 10, 2018 a.d.
AKP, which defines itself conservative-democrat and consists of religious people, is the ruling party. Here, I burn ears the members of AKP! I am giving the alarm! Hear my voice…!
Under your rule, a verse from Holy Quran has been recorded as a criminal evidence! I am having a difficulty finding a word or statement to define it! The words fall short! The term of scandal is too simple or meaningless!
Writing a verse as a criminal evidence in the opinion as to accusations is the summary of this case! It gives an idea for the similar cases!
If a question like “how are things going in Turkey?” is asked, just say: We are being judged with a verse which is considered as a criminal evidence! It is enough!
There will be no need to any other question or word! It is worse situation than the humorous story called “Bekri Mustafa became the imam of Hagia Sophia Mosque!”
Burn AKP’s ears!
I wrote a petition to Mr. President Erdoğan and said to him: “Under your rule, a verse from Holy Quran is being considered as a criminal evidence, be aware of that!” My understanding of state and our relationship necessitates to inform him!
Lately, I have been very much familiar to the law scandals and murders of law but I would not expect that much!
I would not think that Turkish judiciary would fall on such evil days!
I got hurt…The prosecutor stroke at the heart of me!
My heart is injured! My tongue is burnt!
I speak as man who has not been able to recover from shock yet, although 35 days over the event have elapsed. Please understand me!
I am openly saying…This is “Karbala of Law”…I stand right beside Hossein (slained grandson of Prophet Mohammad).
I salute those who have chosen the true side in this “Karbala”.
I refer those, who stand in the wrong side, to God and the history.
Which crime did I commit by writing the verse of “Verily, God commands justice” as a message or saying, “jummah mubarek” in my Twitter account?
Being a member of armed terrorist organisation and offence against the constitution.
The prosecutor wants me to be punished with aggravated life sentence!
The concrete evidence… a verse from Holy Quran!
REMEMBER ME AS THE MAN ADVOCATING THE VERSE
I am grateful that advocating a verse came to me in this turmoil. I’m pleased to have this honour. Happy to advocate a verse like that.
This is the most meaningful heritage I will leave for my children, grandchildren, and lovers.
They shall remember me as the man advocating the verse without blinking an eye, without softening his tongue, without minding any penalty he may face.
Also my millions of readers whom I don’t know where they are shall remember me like that.
Advocating the verse came to me, writing it as a “criminal evidence” came to the prosecutor, judging it came to the court, and setting the stage for these came to the AKP.
I would like to remind you, judges… If you sentence me even for 1 day, this will mean that you convicted the God’s verse. You cannot conceal this reality with your quibbles.
I don’t say that history will record this picture like that, it has already recorded…How happy to those advocating the verse and taking my side… I pity the hapless.
This is not only the “defendant’s chair”… This is also the history’s chair.. From here, from this courtroom, from this chair, I am sending a petition to the history to do something when the day comes.
I will also send other petitions during my defence. This is my first petition.
I am complaining of the prosecutor, you the judges and the AKP, which set this stage. Quoting from Nazım, I am sticking my conscience as a stamp and sending it to the history.
History will absolutely rule. Until today no one has escaped from giving account to the history. Armour, immunity, privileges did not work in face of history. Nor will it work in the future.
Those who think of themselves as indispensable and unaccountable have always obeyed the rule of history and fate. From now on, this truth will not change.
This trial is a part of history… It’s a historic case… While you judge me here, history also judges you…
Do you know why I emphasised the ‘AD’ while giving today’s date? Not to give a message, owing to a concern…
This trial does not match with zeitgeist.
Lest the historians tomorrow think that this case that judges freedom of thought and expression, which includes Twitter posts bearing a verse, newspaper articles was seen “B.C.” I have made a special note by saying “A.D.”
This case matches neither with the Turkey negotiating for full membership to European Union (EU), nor with the facts of the current world.
We are like actors from medieval Inquisition courts belong to centuries ago, here. It can be a nightmare, but it can never be reality. We are in a nightmare… But we will wake up…
Exactly 22 months ago, on July 27, 2016, when I heard the detention warrant about me in the morning, I was so confident about my innocence so I surrendered to the police who came home in the evening without hesitation. I do not regret it.
However, I was wrong to trust law system and Turkish judiciary. I thought that Republic of Turkey is a rule of law and I also thought that however much effort you may make, guilty and innocent ones will be distinguished from each other within weeks if not within days. What made me think this way was the history of Turkish democracy and Law.
The unlawfulness, torture and cruelty of the military coup of September 12 (1980) were until someone appeared in court. Those who experienced those days in which law could be seen somehow, tells in their remembrances.
During the hearing on April 5, I quoted the words of Temel Karamollaoğlu, the leader of Felicity Party…I reminded his sentence “Today we face more unlawful cases than September 12,” to reflect yourself in the mirror.
Today, there is a heavier picture than in the coup period.
On July 27, 2016, when I was taken into custody, my whole life, what I wrote in newspapers, and what I talked to on television passed in front of my eyes. No question of doubt was inside my mind, let the crime aside. I was a journalist who wrote thousands of articles and spoke on screens for hours and did not commit even an insult. My criminal record was clear. Not clear, very clear.
In the rule, there was a party whose name bear the word of ‘Justice.’ I also knew its administrators closely. I knew the Constitution and laws more or less. Between the two police officers, I confidently entered the Ankara Police Department with a heartfelt comfort and self-confidence.
I even did not think that I would be arrested for 22 months. Unexpected happened to me. I could not imagine that I would be arrested under the rule of the AKP and would be imprisoned for years. I believed that state’s reason or Anatolian common sense would come into play…But…
I laughed out of the other side of my mouth…Their hearts and tongues became ice.
Today, people with whom I got wet on the roads of Ankara are all got mute and turned into members of the “Mute Demons Club.”
I could not witness the law at any stage of my investigation and the proceedings of my prosecution. My rights coming from international conventions, constitution and legislations were violated.
I was tortured on the sly. During the transfer from Ankara to İstanbul, I was rear-handcuffed. My journey was full of smoke, and the policemen did not let me to perform my morning prayer.
I wish these ring in the AKP’s ears…
I was questioned only in the Police Office. I never saw the prosecutor’s face. The questions were of a questionnaire rather than those to be asked to a criminal. I was asked nothing about my articles, Twitter posts or speeches.
It was obvious that the law had been abandoned, the judgment had already been given.
They were ordinary questions to be asked to any of the 80 million population…No judicial system – including a primitive, a tribe or a clan ─ can arrest anyone with these questions lawfully.
When a magistrate, in a project court, said “we are arresting all of you” in the midnight, within the novelist Anna Sepherg’s words; “the night that put the mornings an end” started for me.
From that on both mornings and nights were dark for me, my family and my lovers.
In a small concrete cell in Silivri Prison, which resembles a camp with a dungeon and wire mesh, I waited patiently for days when the rule of law character of Turkish Republic would show itself. Alas!
THE WHOOPING OF CRANE
My screams for justice reached high up to heaven…but it did not touch to your hearts, the judges. Your court automatically decides “continuation of detention” with the same words and sentences every month. I do not believe that you read at least three petitions every month asking for my release that I wrote like the whooping of crane and that you look at the file before the detention assessments. If you had read them, it would touch to your conscience and hearts and it would have something. You are also humans of flesh and bone with feelings. You cannot remain indifferent to justice screams.
YOU “HABİBİ NECCAR” WHERE ARE YOU?
For 22 months, I have been dreaming, in my concrete cell, of a man who would come from the other side of the city. A man who would say “STOP” this injustice, unfairness by opening his arms like a scissors. I waited a man who would scream like Habib-i Neccar and say “Ooo my tribe! Turn to law and turn to justice!”.
That strong voice did not come up despite the productiveness of Anatolia. This great country remained as silent as a dead body, sprinkled soil on it.
I will not be unfair here… I cannot say there were no beautiful voices. There were very few. But very weak and insufficient… It did not work out.
The mission of Habib-i Neccar, his flag was abandoned. This is what I am worried about. Hail to brave Habib-i Neccar.
I want to remind you the recent history of the braveness of a Serbian soldier. When this soldier saw that innocent people were massacred, he left the Serbian army and changed his side to fight for Muslim people. He did not change his religion or name. His conscience reacted against the genocide. He fought on Muslim side against genocide and was killed. He was buried in the Sarajevo’s Muslim cemetery. I could not even see this braveness. I did not expect that Anatolia would be this infertile.
Your honourable judges.
I don’t believe I am getting a fair justice. You could not see my innocence. You could not distinguish the criminal from the innocent. My case proceeding is full of law scandals…You made me lose trust to Turkish Judiciary. You finished my confidence with your verdicts. That’s to say that I am in the 85 perecnt. The mistrust to the justice is at the top level since 1071. It has risen as high as 90 percent. You are competing against inquisition.
The lawlessness I experienced is countless. I was restricted to see my lawyer. I was restricted to see and call my family. In every stage of my imprisonment I faced lawlessness.
While in the very next cell DHKP-C and PKK prisoners were free to benefit the facilities, we were deliberately deprived of any sportive, social and cultural activities. My applications to the prison administration and the judge of execution did not work.
I was restricted to read the newspaper I wanted. While it was possible to read newspapers of all kinds of left-wing fractions, it was forbidden to read Yeni Asya newspaper even though it was my constitutional right. I am not bothered with the left-wing newspapers. They shall be allowed but Yeni Asya newspaper shall also be allowed.
I sent a petition to the Parliament. Their answer was ‘Security threat and obscene publication’…if you buy it. I just smiled at the pitiful situation of Ankara. I sent a petition to the ombudsman…Their answer was “dealer did not have it.” The relevant unit at the Justice Ministry gave different information to them. It is obvious that they are forcing themselves to produce excuses and justification for the ban.
MY SKY IS BEHIND THE WIRE FENCES
The small garden to where my cell’s door opens was also caged. A handful of sky is curtained with wires… As Ülkü Tamer who we lost him a month ago says in his poem, “What I inhaled is not air, it is the sky…”
I do not have any clean and bright sky which I am able to inhale in Silivri Prison. As Sabahattin Ali who lived behind bars for many years says in his poem, “If you want to see the sea / turn your face up / like the sea, the sky.” My sky is not like the sea, behind the wires…
The state or the rulers of today, as Çetin Altan’s words, does not want to give us even a handful of sky. I will make them pay for it…
Months have elapsed without knowing my guilt and the reason to be arrested!
I learned that the prosecutor asked for aggravated life sentence for three times about me before officially receiving the indictment!
Actually, the indictment is a document of my innocence not my guilt! The prosecutor officially stated that the detection or in other words the confess of the fact that there is no apparent element of crime in my articles in his indictment.
In the first hearing, I explained all of them in details. I removed suspicions in the minds. I remind you again Dostoyevski’s sentence from “Crime and Punishment”: “You can never produce an evidence from 100 suspicions like you can never produce a horse from 100 rabbits! ”
On the other hand, you judges, produced an assumption of “concrete evidence” from my aforementioned articles and justified to be kept in jail.
This is a scandal of law…
I am going to explain the details later.
A COLLAPSED CASE
I have another question in my mind…What kind of case it is… Up to now, you conducted three hearings… You evaluated the status of arrest in every month. However, you have not released any journalist!
Even some of the coup plotter soldiers have been released in the case of Akıncı (airbase) which is known as epicenter of the July 15 coup attempt, why did not any release occur among journalists who have nothing to do with the coup and terrorism?
You unwillingly released 74-year-old Şahin Alpay after two decisions of the Constitutional Court and a decision of the European Court of Human Rights (ECtHR)! Indeed, you did not release him exactly, just ruled house arrest.
What is the reason of such a fear from journalists, writers, thought and idea?
Why are we arrested? Is that why we are heinous criminals? Why am I not being released? Is that because of existing hard evidence against me? Was I caught red-handed while committing a murder?
You know it as everyone. There is no crime! The case file is quite empty! The indictment is too flimsy! The opinion as to accusations is worse than that!.. There is no element of crime in the any articles submitted as an evidence. If so, I would be prosecuted on that time.
Pursuant to Press Code Article 26, if there is an element of crime in a writing, it should be prosecuted within 4 months. Seeing as there was no prosecution on it, there is no crime!.
None of the writings submitted to your court can be accepted as a criminal evidence for any kind of crime! More importantly, the statute of limitations also expired in terms of the procedural law.
Why is the statute of limitations not taken into consideration?
Does this court consider itself in a different legal system?
Two of previously presiding judges quitted the case because the file was empty and the decisions were legally groundless. Everyone knows that. You have been left a collapsed case!
THE CASE IS CRIPPLED BY INJUSTICE
Let’s name it… This is not a legal case. There is no law in any phase of this case, neither law and order nor conscious and mercy…
This case spoils the law and kills off justice… It will make Turkey pay huge price… It darkens the country’s horizon… It makes the statue of Themis standing in front of the courts cry…
That’s why I called it as the “Karbala of law.” I said, I am thirsty for justice like Hossein’s thirst. You did not give a drop of justice. This case is crippled by injustice.
You may not believe in me… At the foundation anniversary of The Court of Cassation, President Erdoğan said that “There is a problem in judiciary! Prosecutors and judges are cruel! The public is fed up with injustice, begs for justice from God!” At the foundation anniversary of The Constitutional Court, he stated similar messages and continued: “If yearning to justice is expressed too much in a place, this means there is an oppression there… The name of this system is called ‘the system of oppression’ not “the system of justice.”
THE TOP OF THE GOVERNMENT THINKS LIKE ME
I wish this message does not remain as a word only.
This is a direct warning for you…
This case is not political either. Political cases have somehow seriousness. At least, they reflect the law more or less. Although their content is political, seemingly they look legal. This does not look like even a political one.
Actually this is not a case… it is “Karbala”…
Neither did this case start with the dynamics and principles of the law nor progressed by the law to this point.
It was crippled by law scandals and legal absurdities ever since the first day! It was groundless. As I said in the first hearing, the indictment was completely flimsy.
It was obvious that such a loose soil would not be able to carry this burden! Asking for punishment for the reason of offences against the constitution and being a member of terrorist organisation would not be built on it. So it collapsed loudly.
The two decisions of the Constitutional Court and one decision of ECtHR about Şahin Alpay collapsed this case. This case is dead… Sorry for your lost… I am speaking behind the cadaver, among the debris.
The judiciary does not have any power to resurrect. We are all walking in the dead end. There is a wall in front of us. Both you and us are aware of this… Why to walk stubbornly till the end of road? Is it not a pity to us? Is it not a pity to the country?
The fate of the case is predictable from today… However you resist, the justice will luminously appear one day! If the court of appeals overturns, the court of cassation will say “justice”… This road goes till ECtHR. Eventually, I will be acquitted.
There is a hand over this case.
I am a journalist of Ankara. I can easily see this hand. The arrest warrant was issued by you, this is correct! The sin of that hand is on your shoulders. I assure you that everyone is aware of that! Even ordinary citizens on the streets.
I wonder why did the court suddenly speed up, while it used to keep four-month-time gap between two hearings? You handed the file over to the prosecutor to be written the opinion as to accusations without waiting the response of the official writing issued by the court to Bank Asya. Why is the rush? The opinion as to accusations was put in front of us without discussing the evidence. I requested expert examining for my articles. You rejected.
We read from the newspapers that these cases were demanded to be finished by June. Yes, that hand is highly effective over the schedule of jurisdiction too…
FLIMSY OPINION AS TO ACCUSATIONS
The opinion as to accusation was written hastily. It was full of corrections and incoherency. It was not written in legal jargon. It was fit on 2,5 pages, the prosecution requests a heavy life sentence with “so-called evidences” and “opinions.”
The base of this request is weak in the indictment and accusations. Evidences are not real evidences. There is no relation between the code and evidences. This cannot be an opinion as to accusation for a life sentence request. This opinion is ridiculous. Unserious, disorderly, reckless… Really absurd. The prosecutor, with his indictment, almost says that the ice is hot and it heats as if it were a fire. He sequenced the posts and texts that bear no crime element, and he concluded that I am guilty of being a member of a terrorist organisation and violating the Constitution.
What a logic of law and reasoning?.. Hard to understand.
In the introduction part of the legal opinion there is no information about the armed terrorist organisation of which I am accused of being a member. Is it normal? Of course not.
And then an additional opinion as to accusation come up… About some of the friends…Did the prosecutor get a divine inspiration? After 20 days he changed his claims. There should be a persuasive justification for that. Is there? No..
Now, I am going to prove that the ice is not hot. This is both simple and hard for me. Everyone knows that ice is not hot but the prosecutor thinks the other way. And he is trying to persuade the judges to believe his thesis. Esteemed Court… Do not believe in the prosecutor. Both his claims and thesis are flimsy.
THIS OPINION AS TO ACCUSATIONS PRODUCES A NEW TYPE OF CRIME
My Twitter posts including a verse that I explained in the introduction take place as “criminal evidence” in the opinion as to accusations. We did not talk about these during the proceeding. Nor did we negotiate. They do not even exist in the indictment. They are not in the additional file, either. We do not have them on the CD that we were given on April 11. Is it legal? Does it comply with Turkish Code of Criminal Procedure? Does it comply with criminal procedure? Is it possible that the prosecutor does not know this reality? You! Esteemed Court! Don’t you have to rule on in compliance with the Turkish Code of Criminal Procedure?
What kind of an opinion as to accusations is this? What kind of a proceeding is this?
Doesn’t this court belong to Turkish Law System?
The prosecutor says about my Twitter posts “he made some comments” about ‘Ankara joint case’, which was then on the agenda.
Is ‘making comment’ a crime?
Is there a crime in the law saying “making comment” is a crime?
This opinion as to accusation is inventing a new type of crime?
This is obviously “to produce a crime.”
Insult, blasphemy, humiliation are crimes… Do my posts include these? No!
Commenting is my constitutional right. Thought is within the scope of freedom of thought. The prosecution considers the right to explain and disseminate the idea as a crime, although it is guaranteed in Article 26 of the Constitution. This is an open attack on my freedom of thought and expression.
Advocating the comment is a waste of time but still I will advocate my tweets explaining their contents.
ARE THE INDICTMENTS UNQUESTIONABLE?
I tweeted “The language of the indictment is certainly not legal jargon.”
The prosecutor, heaven knows why, wrote half of my message. The full message is as follows: “The language of the indictment is certainly not legal jargon… It is not even political… Eggy peggy… Language of Doğu Perinçek.”
Why did the rest of the message disturb the prosecutor that he did not even include in his opinion as to accusations? Did the name “Doğu Perinçek” bother him? I could not understand.
As for the content of the message… Yes I think so. As you see, it is an indictment… Is it an unquestionable and uncommentable text? Are the indictments unquestionable? Ok, I critisized its language and content. So what? Is it something to be considered a crime? Prosecutor says “ice is hot and very burning.”
This is not the only indictment that I criticised. I critisized hundreds of indictments.
It is saddening to have to advocate such an ordinary message here. It a shame for Turkish judiciary.
I made a comment on a news article on Al Jazeera Turk “Parallel Structure Indictment: The structure within the Turkish Armed Force is of a worrisome dimension.”
I said: “The target of the indictment is the Supreme Council of Military (YAŞ) plot, to pave the way for an operation to Turkish Armed Forces, the AKP showed its plot talent at Balyoz.”
Yes this was my comment. Is it a crime? I thought like that. It was meaningful for me that the indictment showed up before the Supreme Council of Military meeting. You agree or disagree… But why should it be a crime? Since when making comments on an indictment has been a crime?
Another evidence… I wrote “A prosecutor is not a hunter. He cannot witch hunt. He follows the trace of the crime and finds the criminal. He is not script writer. Scripts are writers’ job, not judiciary’s job.”
How can he know that I meant the joint case by this tweet? Can it not be a general message? Aren’t my comments correct? Does the prosecutor think the other way?
Does he think that the prosecutor might be a hunter, a witch hunt, a script writer, and he wrote this message as ‘criminal evidence’? This message is very clean… There is no criminal element. The prosecutor says “ice is hot.”
I commented on a news report of Anadolu news agency (AA) about joint case indictment. It was: “It looks like a YAŞ plot rather than an indictment.” This is just a comment… A thought… So what? You might think the other way. This is my comment on this news.
Is it a crime? If yes, according to which legislation?
IS THE AKP UNQUESTIONABLE?
The prosecutor was so desperate that it was difficult to find evidence to form the basis for his legal evaluation… This is the only thing he could find. Comment on news. It is a shame… A sin… A cruelty.
The prosecutor considers the message of “If the justice scale of a country is broken, wait for disaster,” as a crime.
What is crime in this sentence for heavens sake? What’s wrong with it? If the justice balance is broken, will the property remain grounded? And won’t people face disasters, lawlessness, cruelty? Does the prosecutor think differently? Does it seem normal that the justice scale is broken?
The prosecutor wrote this message in the opinion as to accusations and it disrupted the setting of the justice scale… and I say… wait the disasters… a justice whose scale is broken cannot provide fairness. An unjust state can not survive. A society without justice can not live in peace.
The prosecutor included my message in his evaluation saying: “AK Party was hope. It turned into AKP and became a flop. It became a disaster with the gang.” There are similarities in the texts. I am a journalist in Ankara. Writing politics is my job. I can praise or critisize AKP depending on its policies. It is none’s business.
I am criticizing a political party not the government and not the state. Their policies are not the same. I am making this explanation as if criticizing the government and state is crime. This is the situation where we are now.
I do not understand that the critique of party politics is a matter of justice. Can someone explain me? Why was the prosecutor uncomfortable with party criticism even though the AKP did not even bother, why is he offended? Is the prosecutor more royalist than the king? In Ankara, in the politics royalists are not liked. I shall remind this.
Does the prosecutor attribute holiness to AKP? Is the prosecutor in charge of protecting AKP?
I would not have imagined that criticizing AKP would be in the scope of crime, even I thought it for 40 years. The AK Party has been hopeful with its reform philosophy and reformist identity. Then it became AKP. And gang were formed in the Party. Everyone knows this in Ankara and so does the AKP administration.
Before the Ahmet Davutoğlu incident, I got attention to the groupings in the AK Party. President Erdogan mentioned about those “who leave the train, who are ambitious, who are dismissed from the train,” in a meeting to his parliamentarians a month ago. I got what politics is. I congratulate myself. The prosecutor cannot get anything with this. There isn’t even a bit of crime here. Ice is not hot…
Don’t believe in the prosecutor. Ice is cold… It does not burn, it makes you feel cold.
These are the comments I posted on the day of coup… The prosecutor says “on the day of the coup” on the purpose of a perception operation. He is trying to say that there is a link between the messages and the coup. As I told you before that they were my comments on the news. On the very hours of my posts there was no trace of the coup. They are messages posted in the morning…
In the evening when there was a rush I posted my messages. The prosecutor passed them over. I would expect the prosecutor to see them and express in the opinion as to accusation. The prosecutor did not work well. I will read my messages I posted since the very minutes of the coup… So you see how I am against the coup…
“No to coup…”
I am going on… Because the situation became serious:
“Damn to militia targeting the civilians and bombing the parliament.”
Isn’t my attitude, reaction, posture, objection clear?
Not finished: ‘Democracy is our remedy… No to coup…’
Another post: ‘No turning back from democracy… Even the worst democracy is better than the coup.’.
And I am going on: ‘I condemn any soldier targeting the civilians and democracy… This is who I am.
“…and pity on this country.”
BETRAYAL OF UNTRIED JULY 15
I am never disturbed of the plotters of July 15 coup attempt to be called to account by politics and judiciary. Whoever is by the side or behind or in front of July 15 must be accounted for; all those people who is responsible must be imposed the maximum penalty. That’s what I think… However, I have an objection to making clandestine plans and misusing law by using July 15 as an excuse. This is a betrayal of the martyrs of July 15. The trial of journalists by the excuse of July 15 coup is neither lawful nor humanist. These trials serve nothing but to dilute of the cases of July 15.
My approach towards coups (notably July 15 bloody coup attempt) is so clear. I shared my messages that I tweeted on the rush hours! I want you to put them into the file. I would expect that the prosecutor took them into account in my favour. If you the judges, take them into account, it is fine. If you don’t, the history will…
I am coming to the other evidence in the opinion as to accusations. I am going to present to your attention my speeches and writings which are considered as “corpus delicti” even though they do not have any element of crime.
On the date of January 9, 2014, appearing as a guest on Beyaz TV, a sentence which I allegedly said is being presented as a proof of crime. The statement in the opinion as to accusations is following: I allegedly said “AKP has been deceived and ensnared” by referring the operations which conducted against the senior police chiefs after December 17/25, 2013.
Look at the crime!… It is impossible to remember the details of the TV program made 4,5 years ago. Whose program was it? Who attended? What did I say before and after the sentence? There is no information about them!
Just a sentence… It has most probably been taken from “Google.” All evidence is similar… As remembered, at the closure case of AKP, the prosecutor had written his indictment by quoting from “Google” too. Therefore, AKP supporters had named it “The Case of Google!”
This case is not different. All documents are from “Google”… I wish these ring in the AKP supporters’ ears…
Actually, I need to know the details of the program to defend myself in an effective way. Neither are they in the indictment nor its appendixes. Is this legal? Not at all!
Do you know who the owner of Beyaz TV? It belongs to Melih Gökçek who is a member of AKP… One of the most vigorous advocating media organ for AKP is Beyaz TV. It is the truth that the public knows well.
After December 17/25, I appeared as a guest in Beyaz TV which can be counted as the screen of AKP. This is the certification of my mild tone accepted by AKP! It is an evidence of my innocence, not my guilt! Indeed, I am grateful (but just for myself) as the prosecutor stated this in his opinion as to accusations and thus vindicated me! On the other hand, I fell sorrowful on behalf of the law and Turkish judiciary.
What is wrong with saying “AKP was deceived and intrigued”? This is a simple and ordinary criticism… Moreover, it is an idea that is defended by some AKP members.
Or the prosecutor thinks that AKP can never be deceived and intrigued?
Where does the prosecutor live? In which world…
Has he ever heard the AKP members from the bottom to the top say that they were deceived and intrigued?
NEITHER I AM A ZAMAN ADORER NOR AKP ADORER, I ADORE THE RIGHT
I repeated what they said… I said some people deceived the AKP and intrigued against them. I still think like that. I know there is a majority in the AKP who thinks in this way. I am one of the journalists who have their finger on the pulse of politics. There is not any journalist who knows the AKP as much as me!
I might be misunderstood for saying those. I supported the principled and reformist policies of the AKP. However, I am not AKP adorer, I am righteous. The world shall know this and remember me this way. I wrote in Zaman daily, but I am not also Zaman adorer who supports its editorial policy unconditionally.
I am righteous. I call a spade a spade.
Zaman daily which I worked for 26 years was a legal media organ. It was a daily newspaper which was published in accordance with the law of the Republic of Turkey and inspected by the state. Throughout this time, I never witnessed terrorism, violence or any illegal act. The state did not either… So it did not take action… I worked with perfect people. Giving credit to Zaman daily is a matter of my being righteous.
If I were not righteous, I would not be before you…
I learned by experience that there would be a price of being righteous. The process we have been getting through is a process that condems the righteous. I wish this ring in the AKP’s ears.
I consent to decay in a dungeon as a righteous instead of wallowing in wealth by putting up with all injustices and unlawfulness as an adorer of the AKP. I cannot be a sword of the oppression. I can be an armour of the oppressed. This is my way of life.
In the year 2018 in Turkey, saying that the AKP was deceived and intrigued has been a crime. Turkey, hear of that!…
The article dated February 22, 2015…
The title is “The warning of Gül.” Is it necessary to say that the warning belongs to the then President Abdullah Gül?
I analyzed the statement of Gül who had said “I am against the Turkish-style presidency” by implying Erdoğan’s style. In this context, I criticized President Erdoğan’s relationship with the AKP and stated that there is a constitutional problem. Mr. Erdoğan who was the founder and leader of the AKP did not break his connection with the AKP. I just stated that the relevant article of the constitution which stipulates impartiality to political parties has been suspended and Mr. Erdogan behaved pro-AKP more than the prime minister Ahmet Davutoğlu.
What’s the big deal? Did all of these not take place in the glare of publicity? Even the AKP members could not say Mr. Erdogan was impartial. I do not deem necessary to remind the sayings of oppositions parties (Republican People’s Party – CHP- and Nationalist Movement Party – MHP-).
Both Mr. Erdoğan and the AKP were aware of that there is a constitutional problem. That’s why, after two years, on April 16, 2017, he took a constitutional amendment package to a referendum. After the constitutional amendment, “party member president” was to be possible and legal.
The April 16, 2017 referendum is as a proof of Gül’s warning and the rightness of my article. This is not a criminal evidence rather it is a clear manifestation of the fact that everyone sees.
Ironically, reminding Mr. President Erdoğan of the constitution is deemed as an offence against constitution instead of being appreciated. What can be said to this?
I completed my article as follows: “Erdoğan is secretive to Abdullah Gğl about not only the issue of presidency but also every single issue, whereas open to the other Abdullah namely (PKK leader) Öcalan. It is not vain for him to look with favour on the PKK compared to the Cemaat (Gülen movement).”
These statement should be assessed within the agenda of that day.
My opinion on Abdullah Gül came true. It is also valid today. The paradigm of other section has changed. The Kurdish settlement process was over. But remember that date… The Öcalan’s letter was read in company with PKK flags and Öcalan posters in the square of Diyarbakır. The PKK started to control the traffic. Remember those pictures.
I reflected my concern about the settlement process, which I deemed an opportunity and hope at the beginning, in my speeches and writings due to the scenes seen in its upcoming phases. During those days, the AKP was approaching to the PKK more sympathetically than the Gülen movement. The words relating to the PKK and Öcalan of AKP members are in the archives…
IS HUMANISTIC BEHAVIOUR A CRIME?
The two of articles I wrote on the Dec. 17 and Dec. 19 in 2014 entered the prosecutor’s radar. I have discussed the operation that Ekrem Dumanlı was taken into custody. Who is Ekrem Dumanlı… Editor-in-chief of the newspaper I work for. There is something called humanity. The accusations were deprived of law and now the opinion as to accusations is also deprived of humanity.
My interest in the editor-in-chief Ekrem Dumanlı’s custody is a humanitarian attitude before anything else. What sort of crime can be produced from this? I went to Çağlayan Courthouse… I went there because I am a human being and if I have not been there I would lose my human feeling. This attitude has been considered as evidence of which crime by the prosecutor.
In those articles, I have supported Ekrem Dumanlı and Hidayet Karaca which I worked together in Ankara, with humanitarian reasons and I wrote that ‘Justice is over, there is no mercy and conscience’ and added that ‘these are not the ones that can be frightened with threat because they do not have any account that they can not explain…’
Is it a crime to say these things? Have I protected or praised any crime? I have shown my human side. However, the prosecutor considers humanity as the evidence of a crime. What should I say?..
And now I see that I have told the truth… Justice is over, there is no mercy and conscience… I have not been able to meet justice nor conscience and mercy for 22 months.
My article dated December 31, 2014 is also among the criminal evidence… I make political evaluations at the end of every year. Not specifically for 2014 as can be seen by checking previous years… I evaluate the developments in Ankara during the past year and make political interpretations which turn out to be the reminders of the political events that took place during the year. The article I wrote titled ‘Good bye to 2014’ ends as follows: ‘Today is the end of 2014. It was stormy and pained and extended to 2015. However, labor pain means giving birth. 2015, hope…’
Prosecutor has sticked around the last sentence… And has caught the offence against the constitution. Which legal system or which primitive regime considers wishing ‘hope’ for new year and positive developments in politics as a crime.
It looks like the prosecutor has evaded the opinion as to accusations… Otherwise these cannot be considered as the evidence of offences against the constitution and membership to a terrorist organisation.
So, I do not see any point of defence for these sentences. I just want to express my condolence with the Turkish judiciary for current state.
On December 28, 2014, I wrote that, “The state lost its compassion with losing the rule of law.” The prosecutor considered this as the evidence of the offence against the Constitution and stated it in the opinion as to accusations.
Would these court rooms witness such days… Expressing the idea that if ‘the state loses the rule of law then it loses its compassion’ is a crime that necessitates execution in Turkey of 2018. Do you know upon which event have I written that sentences?
Let me to tell you. So you decide if I am right or wrong
LOOK AT THE CRIME!
High school student named M.E.A. at the age of 16 in Konya was raided by police at the school, was taken into custody and arrested later with the conviction of insulting the President. A 16-year-old boy and a raid to classroom… If there is a crime, of course, he should be prosecuted… I criticized the form of the operation, not the prosecution, and I wrote, ‘A State Fearful of the Child.’
I still think the same… The state should not be afraid of a 16 years old child… Police should not raid the school… and should not handcuff a student in front of his friends
I will read you a sentence… I want the prosecutor to listen carefully…
‘If a State gets absolute power and loses her mercy and compassion, it becomes tyranny and extortionist…’
This sentence does not belong to me…That article begins with this sentence. He who said this was Konya Deputy Ahmet Davutoğlu, who was the Prime Minister of the period…
A heavier sentence than I wrote…
Will the prosecutor sue Ahmet Davutoğlu for offence against the Constitution? The mindset of the prosecutor requires this. I am on trial for a life sentence for saying a much lighter of these words. I expect a trial for Ahmet Davutoğlu too.
I had written budget talks on December 12, 2014. I am a journalist in Ankara. My area of interest and my articles are all about the activities of the Parliament. I watch closely the annual debate on the budget. I write on atmosphere during the budget debate as the pulse of politics as my readers expect me to write. I may be counted a correspondent instead of columnist.
I also gave great importance as it was Davutoğlu’s first budget as the ‘Prime Minister’ and the last budget of the legislative period. I evaluated Davutoğlu’s performance. Opposition leaders were not concerned with the budget, but with the hot topics of politics. Davutoğlu also responded. I reflected the political atmosphere of the Parliament like telling the weather forecast. There was not much comment, no criticism.
After listening to the discussions, I wrote that, ‘2014 budget negotiations also showed that the AKP, has remained under heavy allegations of the Palace, December 17 corruption and VIP nepotism.’ I have written my opinion. Why is this crime? Furthermore, Davutoğlu was inadequate to respond to opposition’s salvos. Moreover, he dropped a hint by saying that ‘My children are clean’ and mixed the AKP
I would never expect that taking a picture of the budget talks at the Parliament will be considered as the offence against the constitution. I wonder if the prosecutor playing up to AKP.
There is no doubt that there is not any crime or any smell of crime in this article.
One more farcical evidence… On April 5, 2015, I have assessed the Parliament’s 4-year legislative period. The periods of the Parliament are explained in numbers. That’s why the title of the article was ‘How would you know the 24th period?’
A critique of a period that ended and closed its doors… This is a traditional attitude for all journalists in Ankara. One period is criticized for better or worse with critical junctures. I also commented on the 24th period and stated that AKP did not fulfil the promise for a new Constitution, forgotten the reformist identity, could not have a good exam on December 17 (corruption scandal) and I also criticized omnibus bills.
And the article concluded: ‘Even if there is not a Supreme Court in this world, there is the council of God on the other world. The deputies of 24th period who gave way to omnibus bills will soon return among us.
This is a parliamentary assessment… A political comment. Some reminders to the AKP who holds the majority… That’s all.
For God’s sake where is the crime?
Is thinking differently than the AKP being considered as an offence by the prosecutor?
The Parliament did not approve to open way for the Supreme Court. I draw attention and stated that thereafter is the council of God. Believe it or not its someone’s own business.
I believe and there is the Council of God… This case will be seen there again and I will be a complainant there.
Well, I remind the Council of God to the politicians. Am I committing a crime? Telling the people that AKP deputies will soon return… Of course, they will as there will be an election soon.
Do you see the difference between perception and phenomenon? The prosecutor is perceiving… But how different is the phenomenon.
I really wonder with which motivation have these articles been considered as the evidence of the crime. It is probably because of the desperation…
I even thought that the prosecutor did me a favour. Each evidence of the crime stand as an assist for goal… Like a curving cross. And all goals as screamer ones. I appreciate if it is like that.
I AM ACCUSED OF WHAT MRS. GÜL SPEAKS
Here’s one more goal pass… On February 27, 2015 I have titled my article “We have not faced these even in February 28 process.” As you can easily understand from the quotation marks this sentence does not belong to me. Who could have said that? The 11th President Abdullah Gül’s wife Hayrunnisa Gül. A sentence of revolt.
In the final days of their Çankaya Palace she almost burst out and said with an angry voice that “We have been made many disrespectful things and many mistakes. We did not face these things in February 28 period (known as post-modern coup process in 1997) even in the days when my headscarf was discussed; we did not see much of this.”
As it is understood from the title, the aim of the article was to draw attention to the bursting of Mrs. Hayrünnisa Gül. I was not the only one who wrote these words but all of the Ankara correspondents did.
Mrs. Gül, expressed those words at the end of an important meeting and it fell like a bomb on the agenda.
What have been lived on that period reminded not only to Mrs Gül, but also everyone including the AKP supporters, the Feb. 28 period. The Felicity Party made statements many times that “what we experience is worse than February 28 period.”
How would it be a crime to say that some operations remind you of February 28 period? How does it constitute a constitutional offense? Where’s the code? Where is the law
Let’s see if the prosecutor could run the same rule of law for Mrs. Hayrunnisa Gül .Moreover, Mrs. Gul’s explanation was much more effective in Ankara and created a big storm. Will the prosecutor have the same courage to sue Mrs. Gul?
It is easy to file a lawsuit with baseless accusations and demand life sentence to Mustafa Ünal who is in the wordings of the master poet “poor in the fatherland, pariah in the homeland.” Now, I look forward to a consistent behaviour from the prosecutor to apply the same process to Mr. Davutoğlu and to Mrs. Gül.
Considering these articles as the evidence of a crime is a matter of black humour…. I am laughing. But Turkish judiciary is in a lamentable situation, so please cry!
While this is the case, unfortunately I have to answer seriously and have to defend myself. It is because I want to leave my mark in history and illustrate what kind of legal scandal is the scene of the court.
Speaking of February 28… The generals (PASHA) of February 28 were sentenced to life imprisonment. But none of them were arrested. The court has determined that they were the actors of the post-modern coup d’état but did not arrest them. But, I am arrested for 22 months without any interest in coup, terror, crime. When it comes to February 28’s actors it is “PASHA LAW,” but when it comes to me it turns out to the ‘INQUISITION LAW…’
I refer that to history…
The text of the article which is told in K subparagraph of the opinion as to accusations does not exist in my file. It did not reach to me. The lawyer brought it lacking. In this article dated December 17, 2015, I have also committed a crime against constitution by saying that ‘The innocent philanthropists do not have any relationship with the parallel state.’ Is the sentence not so clear? It is about innocent philanthropists not the criminals… Does the prosecutor think that innocent philanthropists have a relationship with the parallel state? Even defending this is waste of time but according to prosecutor it is an evidence of crime.
This is neither a guilt nor an evidence. I claim that none of the judicial system of the world can find any crime in this sentence.
Here we come to the funniest part. The L chapter of the opinion as to accusations which tells the evidences of membership to terrorist organisation and offence against the constitution. This part repeats the titles of the articles in the indictment. Now, I open a parenthesis. The text of one article exists as a copy of a different website. This is not a clear evidence. The texts of two articles have been copied from ulkucugorus.com and ulkucudunya.com websites. Those may easily be changed on websites. I have never written on these websites. I have written in Zaman daily newspaper. If they bring a true copy, I will accept it. Even this carelessness reveals how disordered the case is.
The prosecutor says ‘In the article in chapter L…’ Which article? There are only the titles of 8 articles there. Nothing more. What kind of a sentence is this? What kind of a Turkish language?
Did he think the titles were in the articles? If he was talking about the articles, then where are the texts of them? I have been on this platform for one year and in all my applications, I requested the texts of the articles of which titles were mentioned in the indictment should be added to the case file.
On the hearing on April 5, 2018, the presiding judge said that ‘the text of the articles had arrived the day before.” By the way he confessed that they were evaluating detention continuation only on the basis of the titles of the articles.
This fleeting sentence is crucial and vital as it can show how the dire situation of the judiciary… A confession of lawlessness and a scandal.
But there is a problem. It’s also a huge problem. The CD that arrived at the court does not include the texts of my articles. What will happen now?
That only can dismiss the case.
Now, I am asking both to the prosecutor… and to you judges…
Because you have detained me for 22 months with these articles’ titles. The only evidence in the indictment was that. Just the title…
Now, I ask one by one…
How could you produce a crime out of these titles?
‘Where to?’… The title of article dated December 22, 2013…
Where is the crime? On which letter? How did you know what is written under this title? Did you guess? Did you work a miracle? Did you become a soothsayer?
How did you adjudicate to concrete evidence or to strong doubt of crime?
I expect your answers your justified decision.
Other title… ‘While we say goodbye to 2013’… I wrote it on December 29, (2013 )… Where is the crime in these letters? Is there a crime in the numbers? Do you think it is a password? I’ve been arrested for 22 months because of these titles. I am aggrieved with those judges who signed my decisions for imprisonment. What crime could this title be an evidence of?
It is time to look another one, dated January 10, 2014, title is ‘Coming to Plot.’
Who has fallen to plot, who has been plotted against, who has plotted, to whom someone has plotted against?
Are we able to extract the answers of these questions from this title? Is it crime to use the word “plot” which AKP supporters frequently repeat.
On the anniversary of the “February 28”, I have issued the following title: ‘2014 version of February 28.’
There is nothing about which events made me to write this? There is only a title. The prosecutor had reasoned and assumed that I have established criminal sentences under this title. And brought it to you as the evidence of the crime. You agreed with the prosecutor and arrested me. Don’t you have mercy on me or on Turkey?
Have these courtrooms witnessed such a scandal?
It is a judicial scandal that the history has not recorded a similar one to date… It is a murder of justice. It’s complete lawlessness..
Let the entire world hear that.
‘A New Party?’… An article dated February 7, 2014… Which crime does this title reminds you? What kind of text could be a crime under this title that makes me to violate the constitution? Did the prosecutor think that I will found a party that may rival AKP? You arrested me with this title. The prosecutor wants three times of life sentence for this title? Where is justice, conscience, compassion?
Let me tell you… The one who said a new party can be established was Recep Tayyyip Erdoğan, the Prime Minister of that date, you are judging his word here.
I have written on March 2, 2014, entitled ‘December 17, The National Security Issue ‘. This title may have disturbed the prosecutor. Because it contained December 17. But where does he know what comes after the title? Did he think that I committed a crime if I had interpreted the December 17 operation? Does the judiciary act in case of assumptions? If not why did you arrest me with these titles? Why are you judging me with these titles with an accusation of the offence against the constitution? But the Chief Prosecutor in İstanbul used the same title 4 years after me.
The Chief Prosecutor started an investigation about the Iranian gold trader Reza Zarrab, whom I said was a ‘national security issue.’ Look at the situation of judiciary. Another prosecutor judges me for that title. I am really sorry for the situation of Turkish judiciary.
A headline dated March 7… ‘AK Party is in trouble’… Yes, Turkish judiciary members, what kind of crime did you make from this title? With which talent did you consider this title within the scope of a crime? Why does the prosecutor interest in AKP’s trouble? Did I slander? Can’t the AKP have troubles? Can’t they have difficulties?
You judges have called this title “concrete evidence” and arrested me. Did not you disgrace yourself? How will you digest this lawlessness? Is not this a law scandal; is not this a murder of law?
Let me give you a hint of the text… I wrote that the AKP would have difficulty in the local elections in İstanbul and Ankara. And they did. It’s a waste of words to say that, as if it’s a crime. But I am obliged to say in these damn conditions. It is like I am telling you that the ice is cold…
‘Beware’… a title on March 14, 2014. Caught by the prosecutor’s radar and he considered this is an offense. Which part is a crime? Did he see the letters like guns? Did he imagine the letters forming a line of terrorists? At the indictment and in the opinion as to accusations this title is considered as evidence of the violation of the constitution.
Where are you justice?
Look at the situation where the Turkish judiciary has fallen…
What law system is there to be such a freak? Perhaps in the medieval Spanish inquisition courts such a title can be considered evidence of crime
Now look at the sentence of the prosecutor’s judgment upon these titles…
Let the world hear
WHERE ARE YOU JUSTICE?
‘… named article…’ he says. He tries to say articles but probably the prosecutor considers all the titles comprises one text.
The prosecutor continues: ‘The defendant, that would be me, even knowing that operations are started police officers and so-called judiciary members with the orders of the ringleader of the organisation, Fethullah Gülen, in the guise of so-called corruption case in order to overthrow the government, the defendant try to create the impression that it is an appropriate investigation…’
Do you see the sentence of the prosecutor who just looks at the titles only? How can he build such a judgment by looking on the titles of articles that I have counted one by one above? What is the relevance this sentence with those titles? There is the term of “December 17” in only one of the titles. But the prosecutor’s imagination is so wide that… But he did not write a Yeşilçam script, but the opinion as to accusations… The prosecutor made his imagination speak. It is clear that he lives in the world of images. How does the court take this seriously? That is what I do not understand. Prosecutor has written outright lies.
But the prosecutor’s imagination is so wide… He looked at the titles… He fictionalised… He wrote a script… Made a judgment that is not even remotely close to reality. He wants to share his script with the judges. Being a partner to him or not is totally up to you.
See the courage of the prosecutor. Referring to me, he could say, “Even though he knew the December 17/25 investigations were done in order to overthrow the government.” He’s taking his imagination or his prophesy so far that, he knows that I knew December 17/25 investigations were made to overthrow the government. He does not even feel that he has to rely this ambitious lie and slander on a basis. Is he reading my mind and my heart? Is he reading my intentions? I want him to answer. See the accusation from the editorial title. Does the prosecutor lie? He has to base his claim on evidence, doesn’t he? Can he say that it is so, because I tell you so?
I’m making a complaint about the prosecutor. I’m complaining because he uttered heavy statements blaming me without any evidence and using only the headlines.
Ten days ago, I sent a complaint to the Board of Judges and Prosecutors (HSK). I’m complaining of the prosecutor because he made heavy claims only looking at the titles without the texts of the articles… And for writing a holy verse from Quran to opinion as to the accusations as crime evidence… I filed a criminal complaint. This is my constitutional right and my civic duty…
Some may say, who do you think you’re complaining to? Today, maybe this complaint will be swept under the rug. It is enough to get recorded. I am referring my complaint to the history.
And there’s a car issue. Not in the indictment… It is in the opinion as to accusations… I purchased a 2010 model car by complying with all the rules of law. There were no trustees, no news about the future trustees. I bought it on the value. Private vehicles are rented to the institution when used for the newspaper. It is not just my own practice. This is a commercial issue… I do not understand why it is in this file. All transactions were held in the presence of public notary. It is not related to smuggling. It is all about the application of newspaper management… Everyone knows me. I am never involved in businesses about money. My position offers many opportunities. I pushed them all away with the back of my hand. Let everyone know that.
Now I will respond to the legal qualification that the prosecutor has built on the ‘evidence’ that I have evaluated one by one. First, via Turkish Penal Code (TCK 314/2)… Namely, my respond to accusations of membership to an armed terrorist organisation…
According to the Court of Cassastion, the membership of the organisation has certain criteria. Like the code name, like organic bond, deliberation…
After all, the Constitutional Court has a decision that the news and articles cannot be the evidence of the terror crime. The ECtHR has decisions, too. The prosecutor did not consider any criteria. He made an assessment for himself. He tried to put a crime on the writing and the tweets. I wonder if the prosecutor does not see himself in the Turkish legal system. Is he making the rules himself? Don’t the constitution and the law bound him?
We read the legal qualification: ‘He participated in television programs and wrote columns for many publications especially Zaman daily which all of them were under the terror organisations guidance.”
In the indictment and in the opinion as to accusations, no concrete evidence and data is included about when I have requested to participate in this organisation, with what concrete behaviours I participated in, when the organisation’s leaders or managers accepted me, and since when, I have shown continuity in activities of diversity and intensity, whom I am in contact with, who communicates with the organisation’s leader or its managers, by whom and when I’m instructed, who is hierarchical superior to me, or which members I have been contacted.
Instead of these, the prosecutor has written a screenplay out of his fiction and his dreams.
Which newspapers does he mean by “many publications”? Why doesn’t he name them? He says“many.” So it is more than two. I have been wondering which newspapers I wrote for. Or did someone else wrote in other newspapers in my name?
That is also a lie…
I have participated in the TV programs. Which ones? Is there a national television channel that I did not go? Is it a crime? Do I have to take the prosecutors’ permission to go on the screens? I participated in all television programs, especially TRT. When I am free, I will be on the screens and criticize the prosecutor who wrote them.
PRAISE ON ZAMAN DAILY
He says, “I have written in the Zaman daily.” Is it a crime to work for the Zaman daily. Recep Tayyip Erdoğan, who was then the ‘Prime Minister’, came to the program of the Zaman daily on the anniversary of the foundation of the newspaper in 2012 and said that ‘While the heavy air of intervention in 1980 on Turkey, as a flower blooming in the heat of Ankara. It has brought colour to Turkey’s thought and media world. It was not just a newspaper. With the accumulation of a thousand years, being the sound and breath of this land, it has witnessed Turkey’s 25 years. I greet all the writers who defend the law, democracy and rights in difficult times, who do not headline in the chain of command, and do not salute to psychological operations.”
I accept the greetings; I wish health to your tongue and hearth…
And Mr. Erdogan continued: ‘From Austria to Azerbaijan, from Spain to the United States in 35 different countries in 10 different languages, 2 different alphabets in a Turkish newspaper. I was very proud to see that. I felt a great thrill. Thanks to the Zaman community, the administrators of Zaman newspaper, for spreading our breath to the world and for giving this pride to us, to our nation, to our country, I congratulate each and every one of them.”
I wrote in this Zaman newspaper. The good thoughts about the Zaman daily are not limited to Mr. Erdoğan, of course. All politicians gave a credit to Zaman daily where it is due.. Deniz Baykal, former CHP leader, said that ‘the newspaper which writes the truth.’ There is no point in repeating them all. It is recorded in the archives.
It cannot be a crime to work in Zaman daily.
An organisation called ‘FETÖ-PYD’, which I was accused of being a member of, was not mentioned in any official document of the state, during the period I wrote my articles. No organisational connection has been expressed in relation to Zaman daily. There is no judicial decision about the Zaman daily.
The judgements of today are not retroactive. The prosecutor plays to perceptions and insinuate that I wrote those writings during the judicial decisions that came out in the last year.
There is also a decision of the Court of Cassation. An irrefutable one… Working for the institutions closed with the governmental decree cannot be evidence of organisation membership. Point. Including the bank, the prep schools, and the newspaper. Last week, someone who worked 14 years in Bank Asya was appointed as a senior bureaucrat.
The decision of the Court of Cassation binds your court. The prosecutor’s sentences like “worked in Zaman daily, participated in television programmes,” which does not contain any criminal element in the law, cannot be a subject to judiciary. My condition is not different from Fatih College graduate Energy Minister Berat Albayrak. He studied at this school. I worked in the paper. If it is not a crime for him, not a crime for me either.
I responded to the accusations of working for the Zaman daily and participating in the TV programs. Now the other accusations…
THE PROSECUTOR HAS GONE MAD
Keeping loyal to the organisation’s leader… Not compromising loyalty…
Not writing criticism…
Approaching events with a Fethullahist perspective…
Writing from a single source i.e. in accordance with the orders and instructions of the organisation’s leader…
Make all comments over Fethullahist perspective…
Not giving up the organisational attitude…
What am I? Is that me that he is talking about? I wrote them all one under the other but they can all be summarised in one sentence. Writing with orders and instructions… What a grave accusation! A journalist enjoys his freedom. I don’t understand how the prosecutor could make such grave provisions.
If only the legal ground he was building the accusations seem like something, would not matter….
Could these tweets and articles, which I have explained one by one and word by word, be evidence of these accusations? What kind of reasoning is that? What kind of legal logic is that?
All these ideas consisting of the prosecutors opinions are forced to make evidence for the accusations. The legal ground, which is attempted to be constructed, collapses repeatedly with each “so-called evidence” that is revealed.
Now I ask… What is the basis for your belief that I took orders and instructions and I wrote accordingly? Are you looking at the hand or the heart? What evidence made you suspicious that I wrote by taking orders and instructions?
Why do not you write it openly? If you are sincere in your claim, you must certify it. You may be a prosecutor, but you have no right to blame me without basis. You are lying.
If the prosecution is accusing someone with a crime, they must prove it in accordance with the rules of mind and law. In the face of the prosecution who cannot prove it, it is imperative that you judge me to acquit of these crimes without evidence. My defence is your conscience. This evidence is inadmissible to these accusations. There is the mind, consideration, the conscience… You have to talk and judge with evidence, not dreams, not opinions.
Which article, which sentence, which word have I written by taking order and instruction?.. Please tell me! Bring your evidence!.. The law considers the evidence, not the imagination…
None of my articles or tweets, one of which consists of a holy verse from the Quran, comply with the criteria for the armed terror organisation that the law seeks. You cannot do that even if you force the law. The prosecutor’s legal qualification is full of slander and insults to me…
IS THAT LAW?
Nobody has the right to give me orders and instructions. I reject insults and slander. Please do not abuse me… Do your duty within the boundaries stipulated by law and legislation. I am exposed to a great slander and insult.
Is that law?
I am going to reverse the prosecutor’s legal logic now. See how rotten and flimsy it is.
In the short entrance of the indictment and the opinion as to accusations, prosecutors say… Since 2010s the publication organs began to change its publication policy in order to achieve the main purpose of the organisation… He means they have taken a stance against the AKP.
It is repeated in many parts of the indictment, but I will refer to a phrase from the page 25: ‘The Gülen and FETÖ-PDY media, which supported the September 12th military coup, also gave the same support to the post-modern coup of February 28, 1997.’
I must have written in this direction as a writer, right. If the prosecutor brings out an article of mine in favour of February 28, which I wrote with orders and instructions, and I shall accept all charges. If he brings out even a single sentence. He cannot bring… Because there is not any. If the prosecutor’s thesis is correct, then I am not writing by orders and instructions.
I will now give you examples of the articles I wrote during the February 28 operations. I am going to present eight articles to be added to the file.
I wrote the headline “The first wave of February 28” and I supported the responsible people to be judged.
In another article with the title ‘Wave by wave February 28’, I said, ‘A reality that the great part of the society has brought about the sense of justice… This is not a revenge, but the manifestation of justice…’
In the article ‘The most important stroke to February 28, I praised the arrangement of the Quran as an elective course. I applauded the The AKP and the MHP. I said that ‘This Parliament has made history.’
In the article titled ‘February 28, March 12, April 27’ I evaluated the coups… This is an article against the coups. ‘The coup plotters are in the defendant’s chair today… I said the judgment of the plotters is “hope for democracy.”
Another title… ‘New February 28s possible?’ I have pointed out that many progresses were made to democracy, and I have summoned democratic forces to be awake.
“From February 28 to the settlement process,” I interpreted our trip to Austria with Mr. Erdoğan, who was prime minister at that time. Mr. Erdoğan said “They called me bat” and I wrote an article criticizing February 28.
In my article titled ‘Coup regret of the media’, I interpreted the descriptions of the representatives of the visual media from the parliamentary coup commission. I have stated that the media is no longer supporting February 28.
In the article I wrote with the title ‘Unarmed forces of February 28’, I noted the civilian elements of February 28 and I said that “if there were no unarmed forces, such a successful psychological warfare could not be executed, it could not reach the conclusion of February 28. February 28 cannot be judged by ignoring the psychological warfare’s unarmed forces.’
Do you see any sympathy or the support on these lines for the February 28? My journalism life has been in a fight with February 28ers. I had a stance on the hottest days of the post-modern coup.
I will also present seven of my articles, which denies the prosecutor, about the AKP dates 2013 to 2014…
In the article with the title ‘Good things are also happening’, I appreciated the change of Art. 35 and I praised the AKP.
I wrote about a one-day trip to Turkmenistan with Mr. Erdoğan. I emphasized the importance of trip.
‘April 28 Memorandum…’ I wrote the article on the anniversary of the AKP government’s statement on April 27 e-memorandum in 2007, describing the statement as the real memorandum. Furthermore, I shared the assessments of Erdogan on Gezi events; with the title, “Events are planned and organized” during Mr. Erdoğan’s trip to Morocco, Algeria and Tunisia…
In the article titled ‘ Revolution in public’, I praised the AKP, which made the headscarf free in public. And I said that ‘ The AKP threw the historic step. Erdoğan; the architect of the revolution…’
I wrote about Mr. Erdoğan’s trip to Africa. I analysed Mr. Erdogan’s words saying; ‘We don’t see diamonds when we look at Africa.’
I interpreted the trial of September 12 (coup) as the action of the AKP with the title ‘Time to payback.’ And ‘We’re all intervening. It is the time of reckoning for the coup plotters.’
The seven articles, which are in the introduction of the opinion as to accusations that I wrote after 2010-2011 denies the prosecutor. They refute the accusations. Of course, they are not limited to seven articles. But, I think that is enough.
I’m asking the prosecution who suggested that I write with orders and instructions…
Can they show one single article of me about “Salam-Tevhid, Tahşiyeciler, MİT trucks or December 25 operations”? They cannot. Because there is not any. So, I have not written on orders or instructions. Now I am going to present other evidence that will refute the indictment and legal opinions.
SEE THE TERRORIST
First, the booklets with the itinerary… The number is many… I picked 10 of them. As the invitee of the Prime Minister Recep Tayyip Erdoğan and President Abdullah Gül, we have travelled to various countries of the world… When you look at the delegation list, you will find my name in the press members section… Dates 2013 and 2014….
There is a trip to Pakistan. I attended over the invitation of Mr. Erdoğan after December 17, 2013. You possibly do not think Mr. Erdoğan and Mr. Gül should take a terrorist to the delegation list.
I am being accused of the articles I wrote in those times. These 10 travel booklets refute the prosecutor’s allegations. If your court does not think that Erdoğan and Gül take a terrorist under their auspices, of course… We will see about that in your judgment.
After the travel booklets, I also present visual documents to the court… Photos of international travels with the top officials of the state namely; Mr. Erdoğan and Mr. Gül. So many of them… I picked out seven of them. Five with Mr. Erdoğan and two with Mr. Gül… This is the president of the country you see, this is me, the prosecutor wants me to get a life sentence calling me ‘a terrorist.’ I mean, Mustafa Ünal.
Here is another photograph, you see the Prime Minister of the country; this is me, you blame to be a terrorist… I mean Mustafa Ünal. The place of the photos is the aircraft of the State… These photos are also proof of my innocence. The allegations are refuted by the state itself.
If the prosecutor and your court do not think that Mr. Gül and Mr. Erdoğan have been protecting a terrorist… If you condemn me, tomorrow someone will come, use these photos as evidence, and sue someone else… I believe you will not keep that door open.
Dates 2013, 2014… The dates I wrote on the articles which I am being judged as the evidence of crime.
DEFAMATION BY PROSECUTOR ON TCK 309
Now I will mention about the legal assessment of the prosecutor about the crime in violation of the Constitution… The prosecutor does not satisfied with accusing me of being a member of the armed terrorist organisation by articles and tweet messages, he also invented the crime of violating the constitution. Yes, he’s inventing a crime.
He is assessing the articles as the violation of the constitution and those articles have no word of criminal elements. The prosecutor is literally high in the clouds… He is chasing the rainbows.
Prosecutor says: ‘The defendant, in chapters D, G, H, I, İ, and in the ongoing chapters, with the articles describing the government as a criminal machine that exceeds its constitutional authorities and implying that there is no longer any other remedy thus he tried to prepare the community for a possible coup attempt.’ It’s the sentence. Language mistakes belong to the prosecutor. He is also responsible for the incoherency.
“Showing the government as a crime machine,” “Implying that there is no other remedy,” “Preparing the community for a possible coup attempt…” These are the concepts that the prosecutor uses for other authors too… He obviously has pattern statements of accusation, but he is using them to everyone even if they do not match. How do all writers’ situation relate to each other?
Is it possible that the prosecutor did not understand what he read? Or, did he interpret different meanings? Is he esoteric? Does he have the ability to derive unseen meanings apart from the obvious ones?
The prosecutor may be esoteric, but I am not. I write my thoughts short and clear. I express my intent in short sentences. I am talented in this I can tell. My writings are easy to read and easily understood. There are not many irony or implications.
Where did I describe the government as a “crime machine”? In which article? Where did I say the government committed a crime? What I am doing is criticizing some of the AKP’s policies not the government.
I had implied that there was no other choice… Look at the claim. So, where is the evidence? On what basis, the prosecutor has such a ruling.
“I had prepared the community for a coup.” A great lie. Heavy slander. If the prosecutor shows an article of me or just a single sentence with “coup” or “non-political intervention” in it, I will admit the guilt. The prosecutor is high over the clouds. I reject his claim with all my cells. I am a transparent person. What I wrote and talked about are all obvious.
I have been against interventions that have been done from outside to legitimate politics. This is my way of life. A prosecutor is writing a script. He is trying to pin on me what I have not thought or written. He is throwing mud on me. The mud will not stick to me. Brave effort.
The other sentence is more absurd… He starts the sentence with “in his article in chapter L.” I told you before. There is not a single article at chapter L. There are 8 titles only in the indictment, but no articles. The prosecutor really does not understand what he reads. See the misery of Turkish judiciary.
In chapter L, there are only the headlines. I do not ask the prosecutor if he read the articles. He did not. Because the articles do not exist in the file. He is making prophesies by looking at the headlines. The prosecutor went down in law history by making out violation of constitution with the headlines only. But that going in history is not in a very good way.
The prosecutor was caught red handed in full lawlessness. This is complete lawlessness. And it proves the misery of the case. I repeat. The texts of the titles given are not in the file. I demanded it. The court has ruled that. I do not have my articles on the CD that came on April 4.
Do you know what the prosecutor’s conclusion is based on the headlines? He made it out of his head. I have tried to persuade society that the objective condition of the coup d’état has occurred, by showing the government as having been taken hostage by an inquiry concerning the December 17-25, by supposing that the government as a state power that cannot function.
How does such a result come from those headings? Somebody tell me. Where did I say the government was taken hostage? In which article? There is no written text… I did not say that the government was taken hostage or anything like that. I mainly criticized the AKP. I have approached with government policies more carefully. I criticized if necessary. An expression like ‘taken hostage’ did not come out of me. This is a slander to me.
According to the opinion as to accusations… I have shown the government as a state power that can not fulfill its functions… Where? In which writing? Which program? There is nothing like that… I always write in a moderate style even in criticism? Where is the evidence of this sentence? Is it in chapter L? No it is not there? What will happen now? It is an injustice on me, is not it? Is it so easy to blame a person for violating the constitution?
There is no connection between legal qualifications and evidences in the opinion as to accusations.. Those heavy sentences are hanging in the air. Unstable, unfounded… There can be no judgment based on these arguments and the opinion as to accusations. There can be no punishment. There is no crime. No criminal elements.
The Art. 309 is very clear. It is written in the simplicity that even an illiterate person can understand when he hears it. No ambiguity, no flexibility. Lean and clear… The article begins with the words of ‘force and violence.’
Can “force and violence” be committed by writing articles or Twitter messages? If yes, how? There was a word (in the past) ‘threat’ instead of the word ‘violence’ in the law. Since the scope of the “threat” is broad and flexible, the legislator has introduced the concept of ‘violence’.
The reason for the amendment was reflected in the decision of the 16th Criminal Office of the Supreme Court of Appeals. I am quoting directly from it: ‘The rights under the guarantee of freedom of expression and association guaranteed in our constitution are emphasized more clearly that can not be judged within the scope of this crime, and it has been deemed necessary to make such a change in order to overcome the hesitations that may arise.’
The fact that the articles, which yields from a journalist’s freedom of expression, cannot be assessed under TCK 309, is revealed by the decisions of both the legislators, the Parliament and the Supreme Court of Appeals without doubt.
The decision of the Supreme Court of Appeals expresses ‘clearly and precisely’ the attempt to change the constitutional order by means of force and violence… It is clear that the law is unsuspiciously seeking “physical-material force.” And the existence of enforcement action is sought in material actions.
I would also like to remind you that the spiritual force, which once appeared in fascist Italy, has no place in the Turkish legal system. The Supreme Court of Appeals stipulates that the result of crime must be ‘the offender’s work’ in order to be attributed to a person when applying TCK’s Art. 309 to anyone. Do I have that? No…
EVIDENCES ARE NULL AND VOID
I beg your attention to the decisions taken by the Constitutional Court dated January 11 and March 16, 2018 for Şahin Alpay, who is in trial with me in same case and we have exactly the same position. The Constitutional Court adjudicated that the arrest of a journalist by using his or her column as an evidence is a “violation of right.” As this court did not comply this decision. Than the Constitutional Court decided second time for the “violation of right.” Both decisions are not personal, but exemplary decisions which have precedent position.
The chief justice of the Constitutional Court, Zühtü Arslan, has personally and publicly announced this situation. He stated that it is impossible for them to evaluate each application separately rather they will deliver precedent decisions for professional groups. This was a clear message for you.
Şahin Alpay decision that is related to the journalists and writers is a precedent decision that directly concerns me. I should be acquitted and released immediately. I remind you the article 153 of the Constitution.
On March 20, ECtHR ruled to condemn Turkey over the arrest of Şahin Alpay. This decision was one step further than Turkish Constitutional Court’s decision as it did not only considering detention as a violation of right but also ruled that his ‘freedom of expression’ has also been violated. Additionally, it declared that the state of emergency regime would not be a reason to limit the freedom of expression. You can not be unaware of that ECtHR rulings are not idiosyncratic rather they constitute judicial standards criterion.
According to the rulings of the Constitutional Court and ECtHR, the articles in a newspaper can not be considered as evidence neither for arrest nor for conviction as long as they are within the scope of freedom of expression.
Regarding the rulings of the Constitutional Court and ECtHR you can not adjudicate on the basis of articles and Twitter messages which are within the scope of freedom of expression. An article, can not be the evidence of both arrest and detention
Regarding the constitution, laws, the decisions of Constitutional Court and ECtHR, the evidences in the indictment and in the opinion as to accusations are null and void. You do not have any evidence. You can not adjudicate verdict with zero evidence and zero proof. I remind you the 90th article of the constitution.
The final point that this case will reach is ECtHR. And it has already decided. Taking this decision into account will be good for both Turkey and for your judiciary career.
The whole trial process, this indictment, this case, this opinion as to accusations is an open attack to my freedom of thought and opinion, and freedom of press and expression which are guaranteed by the constitution. During the trial process my fundamental rights and freedoms, using my brain which is granted by the God to think and speak has been told as an offence. I complain you to God and history.
This case took its place in world and media history. This case will be the subject of at least 10 books. Movies, documentaries will be made… It will be taught as a lecture at law schools. It will be an example for ‘How an indictment should not be written.” Law professors will tell the students that ‘they can not write an indictment like this.’
This opinion as to accusations will also be the example of ‘how an opinion as to accusations should not be written’ again. The professors of law will warn the students that they should never write an opinion as to accusations like this. New legal arrangements will be made by looking at this case. It will be arranged on the law that there will not be 3 different court panel in 4 hearings. It will be told that changing the presiding judge of the court this much will violate the fair trial principle. These are not prophecies. Living ones will see.
There will be legal arrangements which will say that the judges who give knowingly their decisions will be reversed from ECtHR and who decide against universal principles even they know the decisions of the Constitutional Court and ECtHR should pay the compensation in case of reversal of decision from ECtHR.
THE KARBALA OF JUSTICE
The accusations of the membership to terror organization and violation of the constitution lack legal basis, and they are all rambling, baseless and unserious.
There is no law in this case… There is no politics…. I am a journalist which follows politics closely. I know the mood of the politician. No politician is so rude will own such a case full of irregularities and scandals even if it ends in his own good. They prefer wiser tactics and smarter manoeuvres. No one will own a case in which lawlessness is seen by everyone. Yes, there is a hand over this case but that hand will not own such a hollow and rotten indictment and the opinion as to accusations. That hand expects more subtle tactics and demands more elegant manoeuvres. That hand wants something in the form of law or some smell of law at least. This case will not please politics. This case is a freak of nature… And it has taken its place in the history as the Karbala of Law.
WHY AM I TRIED?
Let’s be honest… I am not arrested because I have written that articles and tweeted that messages. You may be judging me for the articles and the tweets in sight, but I really do not believe that I am in trial for that writings.
Is it December 17 articles? Is there a journalist who did not write December 17 as corruption? The archives are evident… Other journalists have written much heavier articles than mine. If you turn on the TV on evening for political debate programs you will see that heavier expressions take place about the AKP and President Erdogan.
Why am I being tried?
No one can be judged for life imprisonment using his writings and messages as the evidence. You also know that. I was not arrested for legal ground. I am not being judged for the rule of law
You are committing a crime by arresting me and judging me illegally. It is not the crime of deprivation of liberty… It is much heavier… “Genocide” and “Crimes Against Humanity…”
I am being tried illegally just because I have written in a legitimate media outlet, Zaman daily, whose name is associated with a religious group. Neither my writings nor my Twitter messages has anything that is against law.
I remind you of Articles 76 and 77 of the Turkish Criminal Code. And accusing you of committing genocide. I am reading article 76: “Execution of any one of the following acts under a plan against members of national, racial or religious groups with the intention of destroying the complete or part of the group, creates the legal consequence of an offence defined as genocide.
Paragraph B fits me: ‘To act with the intention of giving severe corporal or spiritual injury’ is a crime of genocide…
You have damaged my corporal and spiritual integrity by arresting me for 22 months. I am accusing you.
Turkish Criminal Code Article 77: ‘Offences Against Humanity… Execution of any one of the following acts systematically under a plan against a sector of a community for political, philosophical, racial or religious reasons, creates the legal consequence of an offence against humanity.
Paragraph D fits me one to one: ‘To restrict freedom’ is an offence against humanity. You restrict my freedom for 22 months. There is no lapse of time for these crimes.
I am sending my complaining application to history for now. Transferring it to the history and sticking my hope as an envelope on it to act when the justice returns to this country.
NO SHAME FOR THE CHAINED LION
The situation in the country is temporary… This case has come to life in an extraordinary climate. But this is a provisional situation… The life of your decisions last as the life of the current conjuncture. The weather will change… Stiff breezes, storms and the winds will cease finally. This process will not last for a thousand years… No state can afford this much unlawfulness.
The state is about to be drowned out of injustice. Propaganda will not beat the truth. The bright will not be defeated by darkness. Light will beat the gloom.
History flows towards democracy, liberties and the justice. It is not possible to stand against this flow. No one can stop the flow of history and fate. I expect you not to decide under the influence of the conjuncture but with the dynamics of the justice.
You have a very tough job when you make decisions about me. I would not want put myself in your shoes…
The articles that are placed in the opinion as to accusations as an evidence cannot be classified as an offence. According to Turkish Criminal Code, an evidence must be obtained in accordance with the law and must be convenient to commit a crime in order to be valid. Neither my writings nor my words are convenient to change constitutional order or to become a terrorist. Accepting what is in the opinion as to accusations as an evidence means kidding around with Turkish judiciary and Turkish justice. You can not make a judgment upon them. There is nothing under the titles of the articles, that is blank. There are not any texts. You cannot adjudicate with only titles. You are without evidence… You are lacking of the ground. Your hand is empty.
There are so many legal grounds to acquit me. They are countless. On the other hand, you do not have any legal ground to sentence or convict me. You may lean on to conjuncture… But its life is too short and the conjuncture is about to be reversed…
Are not you aware?
If the Turkey has the rule of law… If the constitution is still in force… If the laws are not abrogated… If you are getting your legitimacy from the constitution and the laws… And still consider yourself within the Turkish Legal System… You have no choice other than to acquit and release me.
In fact, you are giving a verdict about yourselves.
The crane’s whooping comes from its pain… My discordant and uncomfortable words are because of my resentment to the State and the Turkish judiciary and expression of anger. No shame for the chained lion. Please do not condemn…
Silivri / A4-3”