The Criminal Complaint: (Lavvyer) Serdar ÖZTÜRK TCKN: No: 1 L Type B Block No: 3 SİLİVRİ/

Transcription

1 TUR KIS H REPUBLIC SUPREME COURT OF APPEALS PROSECUTORS OFFICE The Criminal Complaint: (Lavvyer) Serdar ÖZTÜRK TCKN: No: 1 L Type B Block No: 3 SİLİVRİ/ İSTANBUL The people who were complaints: 1) Sadullah Ergin: Minister of Justice 2) Beşir Atalay: Interior Justice (on the date of erime) 3) Binali Yıldırım: Minister of Communication and Transportation Ministries Ankara 4) Metin Özçelik 5) Sedat Sami Haşıloğlu 6) H. Hüseyin Özese 7) Hüsnü Çalmuk 8) Fatih Mehmet Uslu 9) Nihat Topal 10) Ercan Fırat 11) M. Ali Pekgüzel 12) Resul Çakır 13) Turan Çolakkadı 14) Rüstem Eryılmaz 15) Fikret Seçen 16) Nihat Taşkın Judge of İstanbul Judge of İstanbul Judge of İstanbul Judge of İstanbul Judge of İstanbul Judge of İstanbul Judge of İstanbul Public Prosecuter of İstanbul Judge of İstanbul Public Prosecuter of İstanbul Judge of İstanbul Public Prosecuter of İstanbul Public Prosecuter of İstanbul

2 17) Ömer Diken Judge of İstanbul 18) Ali Efenedi Peksak Judge of İstanbul 19) Murat Üründü Judge of İstanbul 20) Hüsetin Kaplan Public Prosecuter of İstanbul 21) Savaş Kırbaş Public Prosecuter of İstanbul 22) Zekeriya Öz Public Prosecuter of İstanbul İstanbul Court ofhouse Beşiktaş / İstanbul 23) Ali Fuat Yılmazer Law enforcement official 24) Mutlu Ekizoğlu Lavj enforcement official 25) Muzaffer SoygüdenLaw enforcement official 26) M. Kılıçarslan Law enforcement official 27) A. Akça Law enforcement official 28) T T T T T T T T T with the number TEM wire - tapping officials and , , with the registration number john doe İEM officials. 29) Mustafa Eren 30) Hasan Yüksek 31) Embiya Kılıçle 32) Ramazan Akkan La w enforcement official Law enforcement official Law enforcement official Law enforcement official 33) Serkan Şimşek 34) Mehmet Yayla 35) Metin Ertem ur 36) A. Özer Dem i re I 37) Ali Yılmaz Law enforcement official Law enforcement official Law enforcement official Law enforcement official Law enforcement official

3 38) Ahmet Kaya Poliçe Department - Ankara 44) Basri Aktepe, (on the date of erime, TİB officer) 45) Fethi Şimşek, (on the date of erime, The president of TİB) Presidency of TİB - İncek - Ankara 46) Altay Tokat 47) Selim Erçelik 48) Müslüm Nalbant 49) Mahmut Hazıroğlu 50) Kemal Gergin 51) Ayşegül Hüma Babuna 52) Aylin Atmaca 53) Adem Arştan Civil Person Civil Person Civil Person Civil Person Civil Person Civil Person Civil Person (The addresses of civil persons a re in the attaehment) 54) Legal entity of Zaman Paper 55) Legal Entity of Taraf Paper 56) Legal Entity ofstv (Television Brand) 57) Mehmet Baransu 58) Emrullah Uslu 59) Önder Aytaç 60) Şamil Tayyar

4 61) Nazlı Ilıcak 62) Rasim Ozan Kütahyalı 63) Faruk Mercan 64) Hüseyin Gülerce 65) Nagehan Alçı 66) Mümtaz'er Türköne 67) The president and the member of supreme board ofjudges and prosecutors who do not give enquiry permission about the offender specially authorizedjudges and prosecutors and protect the criminals (their identities must be determined from the file) 68) C. Halik İnce 69) Haci Mehmet Akın 70) Hüsetin Bülent Üner 71) Lokman Başer 72) Halit Kıvrıl 73) İbrahim Ataman The inspector of Minister of Justice on the date of erime - Court ofappeals Bakanlıklar/ Ankara 74) John Kunstadter Bebek/ İstanbul 75) Jason White TTIC officer 76) Mehmet Eymür Princess Otel Beşiktaş / İstanbul 77) Secret vvitnesses who are known their identities 78) The denunciators who are not known their identities 78) The other suspects who are not knovvn their identities Crimes: 1) Crime against humanity by deprivation ofliberty more than one person with the political and religious inducement. Turkish Criminal Law.md.77 and 78 2) Military spying TCL Md.328

5 3) Deprivatiorı of Liberty more than one person TCL. 109/1-2(d) and 4 4) To complicit in illegal telephone tapping 5) Provide the information about Government security 6) To use the forged official paper 7) Toforge a document 8) To violate the right of privacy 9) To malign 10) To insult Turkish Armed Forces 11) To suppress the evidences 12) Disclosure of the secret mission 13) To violate the confidentiallyofthe investigation 14) To help a criminal organization by knowingly or intentionally 15) To misconduct 16) To violate the constitution many times 17) Torture The Date of Crime : since May 2006 (in course of) Subject: initiation of public prosecution Explanations: 1) I am stili standing trial at İstanbul 13,h High Criminal Court with the file principle no 2010/106 as accused and PRISONER. 2) The suspects Sadullah Ergin was Minister ofjustice, BeşirAtalay was Minister oflnternal Affairs, he was responsible for the polices who forged the documents on the crime date. Binali Yıldırım was Minister of Communication and Transportation responsible for the TİB. Rüstem Eryılmaz, Metin Özçelik, Ömer Diken, Sedat Sami Haşıloğlu, Murat Üründü, Hasan Hüseyin Özese, Hüsnü Çalmuk, Ali Efendi Peksak, Fatih Mehmet Uslu, Nihat Topal and Ercan Fırat Judge of İstanbul, M. Ali Pekgüzel, Nihat Taşkın, Zekeriya Öz and Fikret Seçen are specially authorized prosecutors.

6 3) I am attorney at law who joined the trials at criminal courts. I have to clearly explain that I haven'tseen such an investigation and judgment in my life. The investigation at the special authorized courts does not have any relation about struggling the gangs. I wish it has. But unfortunately, it is understood that, there is not any target about struggling the gangs. The only reason that I was arrested; I reached the tangible proofs that the investigator poliçe officers were military spies in favor of U.S.A Government. Because of myphone calls and s were follovved, some of the poliçe officers sneaked to my law office and put some documents and bullets on and I was arrested on by İstanbul special authorized court ll' h Criminal Court substitute member Metin Özçelik. The names of the officers who sneaked to my law office vvere stated to the relevant official authorities and the court. I regret to inform that, there are some strong facts that show us, the offender poliçe officers are not alone and some of the prosecutors and judges who were complained, are protected clearly by Minister of Justice and the supreme board of judges and prosecutors. Under these circumstances, it is obvious that person's legal security, constitutional law government and prestige ofjudiciary system are threatening. No one in that country can object to struggling of gangs. Hovvever it is understood that ali of these not about struggling of gangs. 4) THE FACTS THAT SHOW US SOME OF THE SPECİAL AUTHORİZED PROSECUTORS, JUDGES AND THE MEMBER OF SUPREME BOARD OF JUDGES AND PROSECUTORS İN BEŞİKTAŞ COURT HOUSE İN CLOSE CONNECTİON WITH COMMITAN İLLEGAL ACT: a) Both in the process of investigation and after starting the prosecution, three hundred criminal complaints had done about the special authorized prosecutors and judges who work in Beşiktaş court house. That such kind of a situation has not seen in any other court houses before. İt is not normal that the investigations about them have not finished for four years. Therefore, there are strong facts that, ali of the complaints about these prosecutors and judges were swept under the carpet by the supreme board of judges and prosecutors. b) Although there were vvritten request about collecting and putting the evidences in the file about the prosecutors and judges, the evidences was not put in the accusation file. Because of that it was made denunciation about relevant prosecutors and judges. Especially the evidences, which shovj the U.S.A citizens were involved the case, does not collected. c) Although I reguested ink analyze to show up the wet signature isfake, it wasn't done.

7 d) We deciphered Aylin Atmaca and Ayşegül Hüma Babuna who were sneaked to my office and vvorkedfor an illegal organization in the poliçe department, were not investigated although our vvritten request. At the current situation, it is shown that the two women were involved these events. There are some tangible proofs like that; aa -Ali the lawyers, who were visited by Ayşegül Hüma Babuna and Aylin Atmaca, were arrested, by putting evidences in their la w offices. This is not normal for natura! flovv of life. The lavvyers who were visited by Aylin Atmaca and Ayşegül Hüma Babuna; Mustafa Levent Göktaş and Hüseyin Buzoğlu (Ankara Bar Association) were involved "Ergenekon Investigation". The two vvomen put CD - DVD orflash disk in their law offices. The other lavvyer Vural Ergül suspicious of vvomen and didn't make any appointment in his law office, after meeting in another place, he thought that something is wrong and because of that he closed his office for a long time. Hüseyin Buzoğlu also suspicious of vvomen and he nearly sent them away from his office. When the vvomen enter the office their first guestion was if there was any hidden camera or audio surveillance at the office. İt is obvious that, it vvasn't an ordinary client - lavvyer meeting. Therevvithal, no one introduces herselfas someone else and demands an appointment from a lavvyer. bb - The vvomen's phone numbers vvhich was vvritten on their cards, were not belong to them. İt is not normal that, a person vvho lives in a legal frame does not use someone else's phone number. The vvomen visited us on and gave us their personal cards, but it is understood that, the phone numbers are not belong to them. The number O was vvritten on Aylin Atmaca's personal card, but it is belong to a name as Ebru Taşan and the other number on the same card O is belong to Hasan Genç. The number O vvas vvritten on Ayşegül Hüma Babuna's personal card actually is belong to Seda Caymaz and the other number O is belong to Fırat Yılmaz. Hovvever, our vvritten and oral requests, there vvas not any investigation or examination about these two vvomen. On the other hand some of the voice recordings deleted, vvhich I sent to Ayşegül Hüma Babuna's phone number O on 02 June That is not normal. cc - The defence that l'd done in the court, took place three times in the media, the suspicious sent explanation for two of them but they couldn't blame me for any reason.

8 My claims about Ayşegül Hüma Babuna and Aylin Atmaca took place in several media organs. Mr. Sebahhatin Önkibar vvrote an article in his column on 06 October 2010 about Adnan Hoca. I sent him a fax through my lawyer to Mr. Önkibar, and according tofax he vvrote in his column 'Alarm vvhich is coming from Silivri' and pressed some information about these two vvomen. The part of these women from my book was published in Yeni Çağ Gazetesi and Oda TV. Ayşegül Hüma Babuna and Aylin Atmaca sent explanations about my claims on October 2010 to Yeni Çağ Gazetesi and on May 2011 to Oda TV. Hovvever they sent their explanations, they did not sue for damages againstme ormade a denunciation on the grounds that calumny. I was obliged to make a denunciation to supreme board of judges and prosecutors, because they lost ali the evidence about these tvvo women. I reported a erime to Chief Public Prosecutor's Office and their file numbers are 2010/825. Before the trial they vvere invited by the Prosecutor, although they vvere at the court house in Ankara, they didn't accepted. They indicated that, they will testify in İstanbul. İt is obvious that, they are aware of the evidences against them. II - The Evidences vvhich vvere found out later Here are thefindings, during the prosecution process, the voice recordings vvere sent by TİB (Telecommunications Administration) was added to the file: aa - İt was found out that, the person who called me on at from the number vvith İD number said me "I am Ceyda Ertüzün, my sister is in Ankara right novj." and demanded an appointmentfrom me. But it is found out that, the person who called me, not "Ceyda Ertüzün", she was in person "Ayşegül Hüma Babuna". bb - İt is understood from the information Telecommunications Administration, the telephone number that Ayşegül Hüma Babuna called me as 'Ceyda Ertüzün' was signaled from Ankara İzmir-1 cad. (Kızılay). cc - İt was the same person that called me as Ayşegül Hüma Babuna on at and the second cali on at introduced herselfas 'Ceyda Ertüzün' Voice frequency is like finger print. No one's voice fregueney is the same, it can be proved.

9 dd-lt is understood that, the voice recording about the conversation betvveen me and my secretary vvhich vvas done on at vvith the registratiorı number in Telecommunications Administration vvas deleted. I vvas talking about, sending sms to Ayşegül Babuna on ; she saw my message too late because of that she could not ansvver me. ee- İt is obvious that, most of the judges and prosecutors signed the empty paper as court decisions. Ali the operations vvere done, according to Poliçe Departments' own targets. Although ali of these evidences, the supreme board of judges and prosecutors did nothing about it. Later on, it isfound out that these poliçe officers gave briefing to the Embassy of U.S.A. f-although I informed the court about, putting the fake documents (ending Fethullah Gülen and AKP) organization to my law office (Ali Fuat Yılmazer, Serkan Şimşek, Metin Ertemur, Abdullah Özer Demirel, Ali Yılmaz, Bilga Murat, Ahmet Kaya, Nurhan Çavuş, Mehmet Avni Şahin the civil persons, Selim Erçelik, Müslüm Nalbant, Mahmut Hazıroğlu, Kemal Gergin and Altay Tokat) the court did nothing about it. İn addition to their names, I also indicated their phone numbers. g - Although our vvritten request Ali Fuat Yılmazer's phone records vvere not found and investigated. He directed the operation of sneaking my law firm and it vvas reported by Prime Ministry Inspection Board that he vvas responsible for Hrant Dink assassination. h -1 explained in detail to Chief Prosecutor of the Republic Şadan Sakınan vvith a document 52 pages about military spying claims. I requested the poliçe officers' identities who put the no:51 DVD - about military spying - to M. Levent Göktaş's law office. I vvas threatened by some of the poliçe officers. One of the poliçe officer who works at İstanbul TEM section, told to my friend Lavvyer Seyhmus Aslan (Mardin Bar Association) "l/ve know that, you are directed by Sedar Öztürk, he will be also our guest here." Although these threats, I continued advocacy. Follovving to these events, Ayşegül Hüma Babuna and Aylin Atmaca who are knovvn as follovvers of Adnan Hoca, came to my lavvfirm under color ofto take legal advice from me. But their aim vvas to discover my office. When I vvas out of the Ankara forfour days betvveen 02/06/ /06/2009, by engaging Kemal Gergin - the doorman, the poliçe officers Serkan Şimşek and Metin Ertemur who vvork for Ankara Tem section entered my la w office and put some top secret documents vvhich vvere stolenfrom General Staff, bullets and documents vvhich is knovvn about 'The plan of ending AKP and Fethullah Gülen'. I -İn thefirst place, I mean during the custody, I gave a petition to the special authorized prosecutor on and I indicated that they are not belong to me, I demanded finger print analyze. Although I insisted on finger print analyze, nothing had done about it.

10 J - After official writterı accusation, I indicated illegal telephone tapping, forging documents, the e- mails vvhich are not actually not belong to me vvere added to myfile. Because of that, I made many criminal complaints about TİM officers and poliçe department officers. K -According to investigation report, vvhich was vvritten by İstanbul Poliçe Department TEM section on 30/12/2009, I met Teoman Alili for two times vvho haven't seen in my life before (later according to HTS reports, it was understood that not correct) again in the same report it claimed that in the 17 th section, I have met my client Dilek Bozkaya 2432 times betvveen the dates 30/01/2007 and 14/06/2009. (Hovvever I didn't know Dilek Bozkaya in 2007) According to fake telephone tapping records betvveen the dates 04/03/2009 and 04/06/2009, it seems that I have done 180 phone calls. But latterly it is understood that, actually I have done 50 phone calls, the other 130 calls are fiction phone calls. L-İn the same file, according to a CD vvhich was confiscated from İlyas Çınar, I a m a mason. The images are used for the two different files, but it can be easily understood that, the two images colors are totally different from each others. According to technical legal experts' reports, it is understood that, after confiscation the No: 51 CD, the context was changed and "4.096 byte" data was loaded. M-İn the same investigation, it vvas decided that, my s would befollovved. But the address vvhich is not belong to me serdarozturk@gmail.com actually belongs to Eyüp Sedar Öztürk's wasfollowed. His s vvere put in the file as evidence. The reason for that situation is; normally the poliçe officers knovv my s because of the telephone tapping. fserdarozturk68@gmail.com, avukatserdarozturk@gmail.comj. My two s vvere vvritten in correct way by a technical officer, but theysavvjust my professional s vvhich I received and sent to my colleagues. Although this situation, they put Eyüp Serdar Öztürk's (his I.D No: ) s to the file as evidence as if my s. N-ln the same court and principle no, İstanbul Poliçe Department officers recorded telephone tapping, vvhich I have made vvith my vvife Merve Öztürk, my big sister Rüya Öztürk Yıldırım, my mother Başak Öztürk and many phone calls vvith the İD number: , , , , , , , , , , , , , , , , , , , , , , , , , , , and These telephone tapping is totally illegal, because client and lawyer phone calls vvere recorded illegally.

11 O - The chiefsupervisor of civil service Ferda İleri and Mustafa Uçkuyu reported the Former President of Intelligence Service Sabri Uzun' testify on 20/09/2010 about the activities of the crime enterprises. İn addition to this, President ofassembly Cemil Çiçek dravv attention to Fethulah Gülen's activities in the interview on Thereby, it is certain that, the poliçe officers did ali these things on purpose. We vvere obliged to make a denunciation about the Chief Prosecutor of the Republic because; the poliçe officers can not actualize ali these things vvith out Chief Prosecutor's knovvledge. The other question that should be asked, if there is really a terror organization, why the poliçe officers forge documents? Of course, the ansvver for that is, there is not such a terror organization. When vve vvere def ender of the Lavvyer Mustafa Levent Göktaş, we submitted a petition and it is said to be 'If the investigation will be done contrary to law, the Judiciary system's prestige will be destroyed in the future. What vve said three years ago about 'Hrant Dink Trial Decision' is became true today. We think that nobody has right to do that. 6 - Even I don't have any gun or bullets the fake documents had been found out, vvhich vvere put by poliçe officers actually. Immediately after, on , Fethullah Gülen sent an explanation from USA and said by crying that 'How can they do it to us? Our children have not even any pin'. Everyone vvho is from different religious or culture can easily understand that, everything is a planning game. Because of that, the trials are making in silence. İt can be said that, ali these things are not about İslam. I am trying to vvarn the people, not to be an instrument of these people. 7-After these expianations, 'Ergenekon Project' should be summarized, to be understood well. The trial is knovvn as 'wet signature'. Hovvever, USA is in an operation also. The USA's aim and target has to be brought into open. İn such a way that; Case of Ergenekon(Project) After the cold vvar, on 1991, USA occupied lraq in order to capture the oil reservoir but they could not reach their aim due to a mistake they made. At the same period, Turkey vvho vvas struggle vvith PKK terrorism, acquired concrete evidences that Americans as part of Provide Comfort/Çekiç Güç had provided virtually support to PKK terror organization. Beginning from that USA vvas seized the control and they used this organization as a pavvn in order to found a Kurdish state in Northern lraq. Presently, PKK and their political continuations are under the control of USA.As vve vvill mention later, the aim of America is to provide the security of Israel by aggregating the Kurdish regions in Northern lraq and around by means offounding a Kurdish state, and by capturing the oil reservoirs, mineral deposits and pasture springs. The most important obstacle is the Turkish Army vvhich is the only povver in the capability ofacting independently. Thusly, on 1995 by "Steel Operation", Turkish Armed Forces prevented the "Puppet Kurdish State Project" vvhich vvas

12 decided to be founded by USA and Israel at that period. This operation is another Vietnam debacle for USA. Some military officers and generals in Turkish army who are Kemalists and anti imperialists, had view of searching for alliance vvith China and Russia vvith in the context ofsecurity projects so that they vvere seen as enemies by USA because this vvould be vveakened the power of USA in the world. Thusly, on 2000, in TBMM, a CİA offiçer John Kunstadler enounced that " Kemalism is the most important obstaclefor USA" vvhen he visited Mehmet Bekaroğlu vvho was deputy of RP.Consequently, although Kemalists and Kemalism is never enemy of İslam, vvere alvvays are leveled off USA and Congregations vvho are the collaborators of USA. From that time, Americans vvere alvvays planned Turkish Army to be collapsed.the ma in reason of Ergenekon Organization Project vvhich is produced virtually vvith forged documents is this.as it is understood by the Wikileaks documents vvhich was published, Political will and Turkish Army could not stop this operation due to an international threat.but this not a right method. İt is understood that USA w ant asymmetrical internal disorder in Turkey in the recent daysjust like before 12 September.The Alevvi citizens' doors vvere marked in some cities, some political murders, creating artificial polarization, Uludere event. On the other hand the things vvhich vvere done today, can not be explained as alteration because at the beginning of2000, Everybody in every political vievvs, ethnic origin and denomination vvere tired of the people vvho gövem the country, despaired them and the regime was discussed. İt is also not an exaggeration to say that the regime of Turkey vvhich Atatürk vvas founded, had changed at the beginning of 2000.Turkish nation alvvays support the positive changes and as from overall tendency they defend that the changes should be done by protecting the spiritual values. Accordingly, today it is not possible to cover the things that vvere done under the mask of ' judicial process' and the crimes that vvere committed as ' settlement of the old state' 'settlement of the defenders ofstatus quo'. Religion is not at the disposal of any political party or congregation, actually Mustafa Kemal Atatürk is the one vvho expressed that Turkish nation should be religious and should protect the spiritual values. Real Kemalist person both let nobody's faith also never have the makings of the faith in politics, shovving and individually has sincere faith. If it needs to explain, Ergenekon documents vvere firstly published by FEHMİ KORU vvho vvas dismissed by the management of Yeni Şafak journal. Then these documents vvere procured by Tuncay Güney vvho vvas taken into custody on March İt is exposed that the source of the said documents vvere Americans because it is revealed that on 2000 JOHN KUNSTADTER vvho is the parliamentary secretary in the Embassy of USA in Ankara and alleged to be an officer in CİA, vvas revealed that TUNCA Y GÜNEY vvho vvas the private secretary of FETHULLAH GÜVEN and send him to USA on July He stayed there for 9 days and then he returned back to Turkey, in continuing period, it is revealed that he gave the Ergenekon documents on March 2001 follovving his internment to the poliçe and although it vvas not asked, specially charged seems like to teli these stories and told Ergenekon story. Undersecretary of MİT Şen kal Atasagun, special authorized attorney general Aykut Cengiz ENGİN, Poliçe intelligence bureau secretary Sabri Uzun vvere not taken any action because it is understood that the documents vvhich vvere caughtfrom Tuncay Güney and hisfriends vvho vvere engaged by Americans, vvere fake. Media director of the organization vvas seen the vvriter of Zaman Journal' HÜSEYİN GÜLERCE'ln the parts of the documents vvhich vvere not opened.merely this knovvledge shows that the documents

13 arefake and produced, tried to be transmitted to the judicial authorities directed towards special aims. On 20 th September 2010, the Intelligence head of that period SABRİ UZUN told in his statement that he gave to the inspectors ofsecurity General Directorate that that documents vvere brought on 2001 and 2006 to him for 2 times but it vvas clear that these documents and the other knovvladges vvere fake for this reason they did not take any action and also told that they did not begin to this operation on 2001 and 2006because the people vvho make this operation today vvere not deceived by themselves. İt is clarified that a course of 'procreation of evidence and creation of quilty" vvas given to sme security officers on 2006, also on policemen vvere given locksmith education by the department of anti-smuggling and organized crime(kom), likevvise the judges and prosecutors vvho will attend to the investigations and prosecutions vvere educated by an American prosecutor' Susanne Hayden' before the investigations, Mehmet Eymür, after he retired from MİT, vvhile he vvas giving courses in ClAfVirginia ), vvas come to Turkey hastily and made negotiations vvith Ali Fuat Yılmazer and Mutlu Ekizoğlu vvho vvere charged vvith Ergenekon project in General Directorate ofsecurity of İstanbul on February 2007 in Princess hotel in order to apply this project. At the period that I vvas the lavvyer of SABRİ UZUN, he said to me "follovving the refusal of the documents on 2006, the vice president of the poliçe intelligence bureau- RECEP GÜVEN- vvho brought those documents to him told that he met vvith the directors of TEM and intelligence officer as staff section chief in General Directorate ofsecurity of İstanbul, he vvas follovved, Recep Güven told these officers they have a project, this project is knovvn by only certain constables therefore they vvill be appointed to the General Directorate ofsecurity of İstanbul in order to apply this project and he vvill appoint the constables vvho vvill carry out this project for this reason they should not be nurtured enmity tovvards him. Follovving this conversation Ali Fuat Yılmazer and Mutlu Ekizoğlu vvas appointed to General Directorate ofsecurity of İstanbul in order to carry out the " Project of Ergenekon" after Sabri Uzun was dismissed and before hand grenades vvere founded in Ümraniye. Novv in present situation, it is revealed that İBRAHİM ŞAHİN vvho vvas alleged that he vvas the leader of the assassination cells and has DEMANS illness (can not move voluntary ), his vvill povver vvas seduced by MİT officers and it is clarified that it vvasfictionalized by the people engaged by MİT officers. The identifications and the photographs of the MİT officers vvere confirmed during the case. İt vvas declared by accused vvho vvas get into the bombing of Cumhuriyet Journal that the polices made him to do this and the polices paid money in to his grandmother for this event and this vvas declared concrete names.the CD vvhich vvas the most important evidence of council of state case vvhich could combine these 2 cases and it got lost in judiciary checkroom in courthouse of Beşiktaş vvhen it is understood that it belongs to MEHMET EYMÜR also the DVD no 51 vvhich is the only reason of the arrestment of Mustafa Levent Göktaş vvho is the accused of this case and the only evidence against him. This DVD vvas broken in judiciary checkroom after the photograph of the policeman vvho put it there, vvas given to the public prosecution office of Ankara. Ali these events shovvs that there is not any judicial process, the people vvho have certain political and religious vievvs vvere chosen as a target by a criminal enterprise consisted of some security and MİT officers vvho vvere engaged by Americans, by putting evidences in to the offices, houses, cars or by not giving the copies of the confiscated devices ofdigital data storage just like CD, DVD,

14 FLASH DISC ete... to the suspicious and their attorneys in defiance ofprocedure law, the people who vvere chosen as target arrested and they were forced to be awayfrom their freedom. Within this period again it vvas denunciated about a broadcasting Corporation (Samanyolu TV) vvithin the intention of creating a perception as if there is an organization by using the technique of "25 th square" and putting this perception in to the public's mind. Broadcastings vvere made and the books vvere vvritten by some journalists and journals vvho vvere presented as suspect, consciously tried to shovv a fake organization if it is real and they aimed at creating a social perception. İt is certain that these organized activities are " commit an illegal act against humanity" vvithin in the context of Turkish Criminal Code article 77 and 78. İt is necessary for everybody vvho helps this criminal enterprise to knovv that there is no preseription on committing an illegal act against humanity, these crimes are beyond the scope of amnesty vvithin the context of international agreements, they have no thing to do vvith the humanity or islam. The Case Knovvn as "Action Plan against the Reactionary Forces" in Public Opinion. There is only one reason vvhy they make up a fake document named " Action Plan Against Reactionary Forces" and vvhy they put it in my house vvhile I vvas out of Ankara is that I reached concrete evidences about the criminal enterprise regarding the military spying that they made and I vvas resorting to do what is necessary. The criminal enterprise in poliçe office knevv that I vvas getting ready for criminal complaint on some officers due to the military spying action because they vvere follovving my telephones and e- mails. Follovving 4 th June 2009 that they found this document in my office, follovving 12 th June 2009 that this document vvas issued in Taraf journal vvhich vvas founded by giving 3.6 trillion incentive to Alkım publishing house vvhich is publishing part of this operation and vvholly founded for this operation, on 26 th June 2009,standing the trial of the civilians on military court vvith a fugitive proposal at midnight by keeping from the other groups and this vvas declared to the public opinion as a civilization. İn fact, the reality is different. A criminal enterprise consisted of a group ofspies and politicians under the mask ofsoldier, Poliçe, Prosecutor, Press member in military spying action vvere rescued from an investigation of military prosecution "from the point of military spying action". As a result of the detail investigation that he made at the beginning of October 2009 about Kemal Gergin, suddenly an original signed document vvas appeared on 15 th Octomber 2009 and the investigation vvas relieved from the Public Prosecutor Abbas Özden vvho carried out a serious investigation about this document, determined Kemal Gergin accurately vvho vvas used by the netvvork in the poliçe by getting in to my office by some polices vvho are in charge in Ankara Tem Branch on in order to put off the fake plan and document. This original signed document vvas personally taken to ATK.on by Public Prosecutor Zekeriya Öz vvho vvas given a Mercedes car by the prime minister, accepted that he had committed an illegal act during the investigations by way of confession by implication by saying that " Whatever I did, I did it for the state" when his authorization vvas taken and he took a report to this fake document. Hacı Mehmet Akın vvas charged in document research branch on when this document vvas brought to ATK.by the prosecutor Öz. Also, this man is a doctor vvho signed

15 under the forensic report vvhich caused closing the murder of Behçet Oktay as i fit is a suicide. Although Hüseyin Bülent Üner is the head of the department of ATK. Physics specialization, he is not an expert of research of document signature (he is an expert of ballistic). The other expert vvho signed the document is Lokman Başer. Although He vvas on leave because his vvife gave birth, he vvas called to come to sign the document. Hovvever there vvere 4 experts vvho have 8-15 years experience there on that date.the first report on vvhich is tike "signature is the production of Dursun Çiçek" and it vvas given by original signature (on that date PKK terrorists vvere entered from Habur. Habur incident vvas suppressed by the outcry of this report.), signed by the 3 aforementioned experts.the aforementioned report is not a scientific report and this contradicts the thousands of reports of ATK. that they gave before because the signature of Dursun Çiçek vvas a 'SIMPLE SKETCHING' signature. ATK. gave the decision of ' NO DETERMINATION'for the simple sketching signatures in the previous reports(approximately %20 of the ATK decisions). The means of the 'SIMPLE SKETCHING' signature is : You can not say that 'this signature is the production of this hand' unless you see the person vvhen he signed because the simple sketching signature vvill be copied easily by somebody else. The first report for the original signature document vvas taken by this way. The committee vvas organized, the personnel vvas called vvhen he vvas on leave although there many experts, the report vvas not signed by the expertsfor this reason it is made a denunciation to the Supreme Board of Judges and Prosecutors on the Public Prosecutor Zekeriya Öz. The second report vvas nonprocedural given by department of physics specialization commission. Hovvever, according to the international regulations of ATK in order to have a commission research, there should be 2 different reports given by 2 different expert commissions and there should be contradictions betvveen these reports but alleged original signed document vvas analyzed only by a commission consist ofthree people. There vvere not second ATK report vvhich vvas given by a different panel of experts and a second ATK report vvhich creates contradiction. On the other hand in the letter vvhich vvas send by the head ofadk to the investigation file carried out registered to number 2009/ by Bakırköy CBS due to a denunciation about himselfand the experts vvho arranged the report, although it is said that the people on duty in document research branch' vve give the signing authority 2 years later and do not give vvithout analyzing certain numbers of facts(6oo),it is understood that after the first report dated , some ATK officers vvere given a course for a vveek on November 2009 and vvere given a title of document research expert, normally they should not have the signing authority but they vvere attended the course and on February 2010 it is provided ballot to be 7 yes/4 no in the commission report. The report vvas taken on the continuing period because everyday Samanyolu TV vvas broadcasting 'They vvill send to Gendarmerie Criminal and take the report. They implied that they vvill be arrested for Ergenekon investigation and this vvas created a psychological fear on the Gendarmerie criminal officers and they took the report but these reports are not scientific. İt is clarified that Ayşegül Hüma Babuna and Aylin Atmaca vvho vvere knovvn in public opinion as Adnan Hodja, vvere charged in order to reconnoiter the lavvyers' houses and offices vvho vvere chosen as target. The reason why vve have suspected is this.almost ali of the lavvyers vvho vvere visited by these vvomen vvere taken into custody or arrested by means of putting CD, FLASH DISC ete... in their offices. This very doubtful situation. Although, from one of the suspect, Ayşegül Hüma Babuna said in her statement no 2011/32 on to the special authorized public prosecutor Mustafa Çavuşoğlu that "We saw the signboard of Serdar ÖZTÜRK in Bestekar street. I vvas

16 together vvith Aylin ATMACA. l/ve vvanted to get help from any lawyer and vve called him with this thought. Aylin ATMACA called him and told in the telephone that she is the niece ofadmiral Hasan KUNDAKÇI then he gave an appointment." The defense of the suspects is not true because I vvas called by Ayşegül Hüma Babuna on , time:15.55 for thefirst time. Ayşegül Hüma Babuna introduced herselfas 'Ceyda Ertüzün' and she took an appointment by this way. This telephone cali vvas presented enclosed as CD sound file. The suspects.ayşegül Hüma Babuna and Aylin Atmaca vvere come my office after 30 minutes later than the mentioned telephone cali becauseit is understood that on the contrary of the suspects' statements, they vvere not in front of my office in Bestekar Street, they vvere Kızılay around İzmir-1 street. There vvas 1.5 km distance betvveen that street and my office. Additionally there vvas not any telephone number on my signboard vvhich vvas hanging on in front of my office there the suspects are absolutely telling lie. Although Ayşegül Hüma Babuna told in her statement on to the public prosecutor Mustafa Çavuşoğlu that "Aylin Atmaca vvas called from Attorney to Law, Serdar ÖZTÜRK's office after afew days later but we did not meet vvith him because vve learned from the television and nevvspapers that action plan against reactionary forces vvas detected in his office", it is not possible. These ladies vvere called by my attorneys due to my demand on , the day that I vvas taken into custody because vve vvere suspected them. But the action plan against reactionary forces vvas become a current issue on in other words after 7 days later from that telephone cali. They vvere not called anymore after because they vvere alvvays escaped. Although Aylin Atmaca told in her statement no 2011/32 on to the public prosecutor Mustafa Çavuşoğlu that " One day vvhile vvere passing in front of the office of Attorney at Lavv Serdar ÖZTÜRK in Bestekar Street, vve vvanted to go to his office, vve called him. He accepted and gave an appointment to us", the defense of this suspect is not true too. İt is clearly seen that they vvere not cali me from Bestekar street, they called mefrom İzmir 1 street in the region of Kızılay, it can be seen in the audio and HTS records enclosed. There vvas 1.5 km distance betvveen that street and my office. İt is understood that my office's porter Kemal Girgin vvas engaged by the criminal enterprise in the security forces and vvas taken the provisions of his services concretely. The mentioned person lives her life by vvorking as a porter and alvvays borrovved moneyfrom the apartment residents. İt is understood that on the day vvhen I vvas out of Ankara at 18:00, the suspect Kemal Girgin vvas met the people vvho entered my office and at that moment he spoke vvith the other suspect Mahmut Hazıroğlu in Bezkoy restraunt in Çankayaf this restraunt is a very expensive and a porter can not go there easily because he alvvays borrovv moneyfrom the apartment residents).on the other hand it is undertood from the base station and HTS records that Kemal Girgin vvas sent his vvife to Çerkeş the day after he met vvith them in other vvords at 14:30, by this way he vvill provide her not to be vvitnessfor entering my office on the night of Tevhide Girgin returned back to Ankara a day later on vvhen the poliçe had finished making search in my office. Although the suspect Kemal Girgin vvas living in a debt, he bought a car and house and gave it to a rent( this house vvas bought on credit and the owner vvas seen his vvife Tevhide Girgin. The land register vvas not seen because it is on credit cooperative house). C. International Dimension of Ergenekon Project and the and Considering the ali present actions vvith in the context of TCC(Turkish Criminal Code)

17 İt is not possible to understand the Ergenekon and related processes vvithout knowing greater middle east initiative and the situation of Turkey in BOPfgreater middle east initiative).first of ali it should be known that this is not related with İslam, humanity,or advanced democracy.there are not any relation vvith the realities. BOP project is an injudicious plan that it is provided to vviden the borders of 24 countries included Turkey in Middle east and Northern Africa and to control the islamic geography through a ne w state vvhich is planning to be a moderate islamic state vvith a caliphate position in Turkey and this state vvill be in control of the vvestern countries. I am not a religious scholar. I a m an extremely ordinary muslim. I am alvvays proud of my Turkishness and my belief but the things that I vvill mention to you belovv must be knovvn in order to evaluate the events vvhich vvere happened novvadays thoroughly in Turkey. İt is not possible to evaluate and understand the event thoroughly vvithout knovving these. The mentioned plan of America named BOP is a nonsense plan because form of state vvas not envisaged in our holy vvrit. İt vvas a plan offounding a Kurdish state. For this reason the people vvho support knovvingly or vvithout knovving the "Project of Ergenekon", participates this betrayal named BOP. The hard core is about 30 people vvho carry out this project vvith Americans. Also some judges and the public prosecutors are participated the actions in the criminal enterprise but The Ministry ofjustice and HSYK protect them. As it is knovvn the article no. 14 of Turkish Constitution 1982 the law no.2709 states that: Article 14 Prohibition ofabuse of Fundamental Rights and Freedoms (1) None of the rights and freedoms embodied in the Constitution shall be exercised vvith the aim of violating the indivisible integrity of the state vvith its territory and nation, and endangering the existence of the democratic and secular order of the Turkish Republic based upon human rights. (2) No provision of this Constitution shall be interpreted in a manner that enables the State or individuals to destroy the fundamental rights and freedoms embodied in the Constitution or to stage an activity vvith the aim of restrieting them more extensively than stated in the Constitution. (3) The sanetions to be applied against those vvho perpetrate these activities in conflict vvith these provisions shall be determined by lavv. Article 20 Privacy of İndividual Life (1) Everyone has the right to demand respect for his or her private and family life. Privacy of an individual or family life cannot be violated. (2) Unless there exists a decision duly passed by a judge on one orseveral of the grounds of national security, public order, prevention of crime commitment, proteetion of public health and public morals, or proteetion of the rights and freedoms of others, or unless there exists a vvritten order of an ageney authorised by lavv in cases vvhere delay is prejudicial, again on the abovementioned grounds, neither the person nor the private papers, nor belongings, of an individual shall be searehed nor shall they be seized. The decision of the authorized ageney shall besubmitted for the approval of the judge having jurisdietion vvithin 24 hours. The judge shall announce his decision vvithin 48 hours from the time ofseizure; othervvise, seizure shall automatically be lifted.

18 ARTICLE 94-(l) Any public officer vvho causes severe bodily or mental pain, or loss ofconscious or ability to act, or dishonors a person, is sentenced to imprisonment from three years to tvvelve years. (2) The punishment may not be reduced in case of commission ofoffense; b) Against an attorney or another public officer by virtue of office, the off ender is sentenced to imprisonment from eight years tofifteen years. (5) The punishment to be imposed may not be reduced even ifthe off ense is committed by negligence. ARTICLE 77- (1) Execution of any one of the follovving acts systematically under a plan against a sector of a community for political, philosophical, racial or religious reasons, creates the legal consequence of an offenses against humanity. c) Torturing, infliction of severe suffering, orforcing a person to live as a slave, d) To restrict freedom ARTICLE 327-flJ Any person vvho discloses confidential, especially about the Public security or domestic and foreign political interest of the State vvith the intention of spying on political and military affairs, is sentenced to life imprisonment. Art i ele 328-(l) Any citizen vvho gets information vvhich is to be kept secret from the view point of national security, or domestic or foreign political relations of a foreign country to serve the interests of another foreign country vvith the intention of spying on political and military affairs, is punished vvith imprisonment from one years to three years. Anyforeigner vvho illegally gets confidential information in Turkey is subject to same punishment. ARTICLE 109-(1) Any person vvho unlavvfully restricts the freedom of a person by preventing him from traveling or living in a place is sentenced to imprisonment from one year tofive years. (2) İfa person uses physical povver or threat or deception to perform an act or during commission ofoffense, then he is sentenced to imprisonment from two years to seven years. (3) İn case of commission of this off ense; a) By use of a vveapon, h) Jointly by a group of persons, c) By virtue of a public office, d) By undue influence based on public office, e) Against antecedents, descendents or spouse,

19 f) Against a child or a person vvho cannot protect himself due to corporal or spiritual disability, the punishment to imposed accordirıg to above subsections is increased by onefold. (4) Ifthis offense results vvith gross economical loss of the victim, the offender additionally is imposed punitive fine up to o ne thousand days. (5) İn case of commission of offense vvith sexual intent, the punishments to be imposed according to above subsections are increased by one half. (6) The provisions relating tofelonious injury are additionally applied in case of commission of aggravated form of this offense vvhich creates the consequences offelonious injury. ARTİCLE 204-(l) Any person vvho issues or uses a false document, or changes an original document to deceive others is punished vvith imprisonment from tvvo years tofive years. (2) İfa public off içer vvho is authorized to issue documents counterfeits a document, or changes the original document to deceive others, or prepares false documents or uses false official documents, then he is punished vvith imprisonment from three years to eight years. (3) İn case of consideration of an official document as valid until it is proved to be false, the punishment to be imposed is increased by one half. ARTİCLE 301-(1) Any person vvho agrees to serve in the army ofacountry vvhich is at war vvith Turkish Republic, or Turkish citizen vvho participates in an armed attack against Turkish Republic, is punished vvith life imprisonment. (2) Any citizen vvho undertakes commanding duty in the army of aforeign country is punished vvith heavy life imprisonment. (3) İn case of commission of another offense along vvith the offenses defined in first and second subsection, the off ender is additionally punished according to the provisions relating to this offense. ARTİCLE 281-(1) Any person vvho takes away the assets acquired as a result of an offense vvhich requires minimum one year or more punishment of imprisonment, or carries the same to af oreign country to be subject to various transactions in order to hide illegal source of these assets and to give the impression that they are acquired in the lavvful manner, is punished vvith imprisonment from tvvo years tofive years, and also imposed punitive fine up to tvventy thousand days. (2) İn case of commission of this offense by a public officer vvhile performing his duty or a person vvith profession, the punishment to be imposed is increased by one half. (3) İn case of commission of this offense vvithin the frame of activities of an organized criminal group, the punishment to be imposed is increased by onefold. ARTİCLE 134- (1) Any person vvho violates secrecy of private life, is punished vvith imprisonment from six months to tvvo years, or imposed punitive fine. İn case of violation of privacy by use of audio-visual recording devices, the minimum limit of punishment to be imposed may not be less than one year.

20 (2) Any person who discloses audio-visual recordings relating to private life of individuals are sentenced to imprisonment from one year to three years. İn case of commission of this offense through press and broadcast, the punishment is increased by one half. ARTICLE 258-(l) Any public officer vvho discloses or publicize the confidential documents, decisions and orders and other notifications delivered to him by virtue of office, or facilitates access to such information and documents by third parties, is punished vvith imprisonment from one year tofour years. (2) The same punishment is applicable also for the person vvho performs the acts mentioned in first subsection upon expiry of office period. Article (1) Anyone vvho publicly breaches the confidentiality of an investigation shall be sentenced to imprisonment of from one to three years. İn the case of breaches of confidentiality vvith respect to decisions taken during investigation that are confidential by law, and for procedures carried out in accordance vvith such decisions, the offence shall be deemed to have occured even vvhere it vvas not committed publicly. (2) Anyone vvho publicly breaches the confidentiality of declarations or images produced in hearings that according to the law had to be held or had been decided to be held in closed session shall be sentenced according to the provision in paragraph 1. Where the protection of a vvitness is an issue, the offence shall be deemed to have occurred even vvhere it vvas not committed publicly. (3) The sentence shall be increased by one halfif the offences are committed by means of the press or publication. (4) İf, during the investigation and prosecution stages, images are published that label persons as guilty, a sentence of imprisonment of from six months to two years shall be imposed. The common characteristic of most of the people in the continuing cases vvho vvere tried to be appeared like gang by mixing the criminal people and the people vvho tried to be GLADIO but GLADIO alvvays set up byabd in ali around the world and the nationalistic young esters are used as gun man. The sources of Ergenekon and Lobi documents are USA officer John Kunstadter as vve mentioned before. The documents are not opened by the court even today due to it is fake because Hüseyin GÜLERCE is seen as the press curator of ERGENEKON structure. As you İt is very tragicomic. The courts judge and decide on behalfof Turkish Nation but ifthe court does not collect evidences that USA officers generate the fake documents, the list of the people vvho vvill be the target constitute by USA, the evidences are not brought, it is possible to say that this kind of court judges on behalf of USA but it is not possible to say it judges on behalf Turkish Nation. The aim of this project is to make the Turkish Army disrespectable, to vveaken and to collapse. l/ve fight vvith PKK in southeastern for many years. PKK is supported by the USA because I saw by myselfthat USA helicopters vvere throvving aid material to the aid camp in Ballıkaya village. Gülen community who is the other tool of USA off er battle to Turkish army under the cover of İslam.