DEFENSE IN RELATİON TO THE ESSENCE OF THE LAWSUİT

1 [ENGLISH TRANSLATION OF THE TABLE OF CONTENTS AND SECTIONS 5 AND 6 OF THE TRIAL BRIEF SUBMITTED BY FETHULLAH GÜLEN S ATTORNEYS] DEFENSE IN RELATİON TO THE ESSENCE OF THE LAWSUİT TABLE OF CONTENTS 1. CRIME ALLEGED AGAINST OUR CLIENT 2. CHARACTERISTICS OF FETHULLAH GÜLEN S WORKS AND ACTIVITIES I. Fethullah Gülen as religious worker II. Fethullah Gülen as a thinker 3. ACTIVITY BEFORE THE LAWSUIT 4. ACTIVITY DURING THE INVESTIGATION 5. OUR RESPONSE TO THE INDICTMENT I) Content of the indictment and how it was prepared. II) Our response to the claims in the indictment 1- Our response to the Nurculuk section 2- Evaluation of the decision of Penal Plenary Assembly about Nurculuk 3- Our response to the Fethullah Gülen Group section 4- Evaluation of the decision of Military Appeal Court about Fethullah Gülen 5- Our response to the Fethullahism according to a Nur student section 6- Our response to the Fethullahism according to his books section 7- Our response to the claims about the video cassettes 8- Our response to the Schools in Middle Asia section 9- Our response to the Works to infiltrate Maltepe Military High School section 10- Our response to the claims about the Abant Meetings 11- Our response to the indictment s Evaluation and legal status section 6. EVALUATION OF THE EVIDENCE I) TESTIMONY FROM THE WITNESSES 1) Eyup Kayar 2) Huseyin Ekiz 3) Serhat Ozkan 4) Yalcin Eseni 5) Metin Sariarslan WITNESSES RELATED TO MERTER-FATIH ELEMENTARY SCHOOL 6) Huseyin Dovmeci 7) Memduh Akkus 8) Hasan Tuncel 9) Sadettin Ozcan 10) Mithat Isbilir 11) Yilmaz Yigit 12) Sezai Tepecik 13) Rafet Yilmaz

14) Cevdet Saral 15) Osman Ak TESTIMONY FROM POLICE CAPTAINS AND COMMISSIONERS WHO WORKED ON THE REPORT PREPARED BY ANKARA POLICE DEPARTMENT 16) Selat Ozturk 17) Ayhan Ozturk 18) Aydin Batu 19) Zeki Guven 20) Ersan Dalman 21) Zafer Aktas 22) Lutfullah Ugur Pekcan 23) Tamer S. Yerlikaya 24) Cavit Cevik WITNESSES RELATED TO MALTEPE MILITARY HIGH SCHOOL 25) Murat Yanik 26) Mustafa Soysal 27) Hasan Yakup Kemertas 28) Yemen Acikgoz NOLLE PROS DECISION OF IZMIR OFFICE OF THE STATE PROSECUTOR 29) WıTNESS OF MEETıNG WıTH POPE: Monsignor George Marovitch 30) Serpil Genc 31) Ergun Poyraz OUR CLIENT WAS SUBJECTED TO THE PLOT OF AN ORGANIZATION, FABRICATING CRIME AND EVIDENCE II) VIDEO AND AUDIO CASETTES ATTACHED TO THE FILE 1- Our response to the cassettes at the evidence list (J, K,L M, N) 2- Our response to the cassettes at the evidence list (O) i. Our response to the video and audio cassettes presented at the July 16, 2001 hearing ii. Legal expert evaluation by Prof. Dr. Cetin Ozek about the cassettes. III) OUR RESPONSE TO THE BOOKS, COMPUTER PRINT OUTS, AND CDs IN THE FILE 1- Our response to the Yeni Hayat Magazine s claims in the indictment evidence list Z-Ac 2- Our response to the newspaper excerpts, at Attachment 4, presented at the December 4, 2000 hearing 3- Our response to the newspaper excerpts, at Attachment 6, presented at the December 4, 2000 hearing 4- Our response to the newspaper excerpts presented at the July 16, 2001 hearing IV) OUR RESPONSE TO REPORTS, NOTES, AND DOCUMENTS IN THE FILE 1- Indictment evidence P Report prepared by Ankara police headquarter dated April 21, 1999 about Fethullah Gülen and his organization 2- Indictment evidence S Report by Police Headquarters 3- Indictment evidence Sh Investigation file about the works of infiltrating to Maltepe Military High School 4- Indictment evidence T Report and Documents from the General Military Staff 5- Indictment evidence U Report and Documents from the Gendarmerie Headquarters 2

3 6- Indictment evidence Y Findings by Police Headquarter related to Fethullah Gülen s companies, schools, preparatory courses and foundations 7- Indictment evidence Z Writings and attached documents from the Police Headquarters related to Nurculuk activities abroad 8- Information from the Police Headquarter, dated October 13, 2000 9- Information from the Police Headquarters, dated August 21, 2001 10- Information from the Police Headquarters, dated September 21, 2000, entitled Activities of Fethullah Gulen group in whole country presented at the hearing on December 4, 2001 11- Information from the Police Headquarters, dated October 7, 2000, entitled Activities of Fethullah Gulen group in whole country presented at the hearing on December 4, 2001 12- Document entitled Fethullah Gülen s past-present-targets 13- Document entitled Information about Fethullah at file 11(lines 776-812) 14- Document entitled schema of organization conducting Nur education and attached copy document at file 11 (lines 743-775) 15- Document entitled Terrorism, PKK, DHKP/C and religious organization s activities in Europe 7. NOLLE PROS AND ACQUITTAL DECISIONS. I. Nolle pros decision by Konya State Security Court chief prosecutor office (No. 1987-60 E; No. 1987-21 D, June 15, 1987) II. Nolle pros decision by Izmir State Security Court chief prosecutor office (No. 1986-51 E, dated May 20, 1987) III. Nolle pros decision by Ankara State Security Court chief prosecutor office (No. 1992-256 E; No. 1992-137 D, dated October 14, 1992) IV. Nolle pros decision by Ankara State Security Court chief prosecutor office (No. 1995-334 E; No. 1995-232 D, dated November 20, 1995) V. Nolle pros decision by Ankara State Security Court chief prosecutor office (No. 1997-18 E; No. 1998-24 D, dated March 20, 1998) VI. Nolle pros decision by Istanbul State Security Court chief prosecutor office 1998-1283 E, No. 1998-209 D, dated June 25, 1998) VII. Acquittal decision by Ankara 2. State Security Court (No. 1999/146 E; No. 1999/191 D) VIII. Acquittal decision by Ankara 2. State Security Court (No. 2000/36 E; No. 2000/140 D) IX. Acquittal decision by Ankara 2. State Security Court (No. 2000/106 E, No. 2001/106 D) X. Nolle pros decision by Ankara State Security Court chief prosecutor office (No. 2000-283 E; No. 2000-112 D) XI. Acquittal decision by Adana 1. State Security Court (No. 2001/263 E; No. 2001/281 D) XII. Nolle pros decision by Malatya State Security Court chief prosecutor office 2001-229 E; No. 2001-79 D, dated October 8, 2001) XIII. Nolle pros decision by Canakkale Chief prosecutor office (No. 2002-2441 E; No. 2002-916 D, dated July 9, 2002) (No. (No. 8. LEGAL EVALUATION

4 I. Legal evaluation based on European Convention on Human Rights II. Legal evaluation based on international documents and conferences III. Legal evaluation based on 1982 Constitution IV. Legal evaluation based on the Anti-Terror Law 9. GENERAL EVALUATION ABOUT OPINIONS ABOUT ESSENCE OF THE LAWSUIT 10. CONCLUSION AND DEMAND [ENGLISH TRANSLATION OF SECTIONS 5 AND 6 OF THE TRIAL BRIEF SUBMITTED BY FETHULLAH GÜLEN S ATTORNEYS] 5. SECTION OUR RESPONSE TO THE INDICTMENT III) Content of the indictment and how it was prepared. Ankara State Security Court Prosecutor Nuh Mete Yüksel prepared the indictment (1999/420 Pr). Before responding to claims in this indictment, I would like to identify elements required to be in the indictment based on CMUK (Penal Procedural Law). As it is known that CMUK s 163. article explains the elements required to be in the indictment. Based on this, in the indictment how the alleged crime was committed, with legal bases and its evidence required to be presented. But the claims against our clients are just subjective evaluations. In the indictment, no legal base was presented for the obtained judgments. As it is known, criminal investigations are essentially established on concrete actions resulting crimes. But in this investigation instead of concrete actions, individual was taken as an essential element. In the indictment there is no mentioning of existence of execution motion related to concrete actions resulting crimes. In the indictment, without making connection with concrete actions resulting crimes, our clients social activities and his aims (all in legal framework) were investigated. The legal expert opinion, prepared by Prof. Dr. Cetin Ozek, states related to our client, if there is a crime involved, the indictment does not state what type of crime was committed, which methods were used, or which purposes were targeted. I also would like to express that, related to the crime alleged against our client, the indictment does not allege clearly when and where the crime was committed. The beginning of the indictment gives the crime date as Since 1989. But in the indictment, activities during 1960s were taken as essential element also. This also shows that even in the method of determination of the crime date, no concrete data was taken as essential. Essentially, this indictment lacks the legal elements of a crime. It just claims that our client s opinions are not correct and are dangerous. This indictment is a document devoid of legal justifications.

5 As it was written in the Legal expert opinion prepared by Prof. Dr. Cetin Ozek, in the indictment, the characteristics of the following statements and similar sentences and statements contains elements not suppose to be in the indictment It is concluded that it is condoned (p.17), it is thought (p.18), possibility must not be forgotten (p.18) this public opinion (image) was given (p.23), people supporting Fethullah Gülen was first conscious of economic opportunities in Turkish republics (p-27), I believe there will be separations (p.28) my observation is this (p. 28), my personal opinion (ps.29), Turkish people and Turkish bourgeoisie who are lacking of capacity of investigation and analysis (p.29), I believe it will be counteracted (p. 29), programs must be prepared in the state televisions and secular press (p.29), it can be reflected to press (p. 30), deception for religious purposes was applied (p.42). Prosecutor Nuh Mete Yüksel printed many copy of this indictment as a book, and, before presenting it to the court, delivered it to the press. Therefore, he violated Press Law s 30. article and worked to create a public opinion against our client. Although our client s arrest warrant was abolished by Istanbul 2. SSC (2000/560) on 08/28/2000, this was not presented in the indictment dated 08/31/2000 and our client was presented as arrested in absentee and as a fugitive in front of public opinion. Prosecutor Yüksel s effort to create public opinion against our client continued after the lawsuit was started. As it was written in our petition dated 5/15/2001, at Star Newspaper dated April 24, 2001 in page 1 and page 4 there was an article attributed to Prosecutor Yüksel titled Fethullah Gülen is listening my phones ; this article was one of the products of his efforts. The Istanbul Police Anti-Terror Unit executed a search warrant of the Istanbul State Security Court on the Contemporary Education Foundation on June 3, 2002. The media reported that the search yielded a blackmail video cassette, showing Prosecutor Nuh Mete Yüksel having sex with a woman. Related to cassette Yüksel was taken a decision of stopping to broadcast. After the investigation initiated by Ministry of Justice, the Supreme Council of Judges and Public Prosecutors issued a disapproval (condemnation) penalty to Yüksel. Related to this video cassette, prosecutor Yüksel organized press release and continued his efforts with claiming relation with this cassette and our client even this cassette was found at the Contemporary Education Foundation. As we wrote in our many petitions, Prosecutor Yüksel carried many fake evidence created by this foundation. This question comes to our mind that Yüksel interestingly collected evidence created by this foundation and this video cassette was found in this foundation Whether this prosecutor was blackmail by this foundation? Many rules in the constitution and penal codes related to criminal investigation and prosecution was prepared to protect individuals from unfair procedures. One of the most important rules is the presumption of innocence. Based on this nobody can be declared as criminal without confirmed decision of authorized courts. If there is a suspicion about the crime, individual can be investigated in accordance with judicial

6 rules. Authorized prosecutor offices officials required to perform their duties independently, objectively and in accordance with judicial rules. In this process, any accusing broadcasting, attitude against the suspect is the violation of personal rights and it is against the law. All the activities described above show that that the prosecution s methods were not objective and independent. II) Our response to the claims in the indictment All the claims in the indictment are groundless and false; and, since Prosecutor Hamza Keles repeats the same claims in his opinion to the court, we will explain those and respond to the indictment and the opinion together. 1. Our response to the Nurculuk section (pages 3-5 in the indictment) At the beginning of the indictment (pp. 3-13), there is an analysis of Nurculuk and claims that: Nurculuk wants to govern Turkish Republic with the Islamic principles, bring back the Sultanate and Caliphate, and not have any constitution but the Qur an (p.5); Nurculuk is a movement against Atatürk and the Secular State (p.4); and, Fethullah Gülen is a Nurcu (p.3). But the indictment does not explain how it arrives at this judgment or how our client is identified as a Nurcu. In the indictment, related to our clients works and activities in every chance he expresses himself as a disciple of Nursî and it is claimed that the organization alleged to be founded by him based on Nurculuk teachings (p.40). But there is no statement about where or in which books Fethullah Gülen says about this teachings. Our client never said or wrote in his books and statements about being disciple of Said-I Nursî or being a Nurcu. He never had a statement that he is establishing organization based on Nurculuk thoughts. This clearly shows that claims in the indictment bases on abstract assumptions. Our client in his deposition on 11/6/2001 indicated that he is not a Nurcu and he is against to this type of separatist evaluations (naming); I am not involved or member of any trend including Nurculuk, I am just a regular Muslim, expressions like... ci,..cu means separatist statements, he repeatedly expressed he is not Nurcu and repeatedly has emphasized this opinion in public. For example, on June 6, 1998, in an interview with Aksiyon weekly magazine, he clearly repeated this statement; and, on June 11, 1998, Yeni Asya newspaper printed an article under the title of Fethullah Hoca: I am not Nurcu. The indictment (p. 40) claims that Fethullah Gülen is the continuation of Said Nursî, Fethullah Gülen on every occasion has said that he is the disciple of Nursî, and, throughout this lawsuit, Fethullah Gülen is the caliphate of the Said Nursî. Prosecutor Hamza Keles also said in his opinion (p. 16) that Fethullah Gülen is one of the caliphates of the Said Nursî and Gülen hides it in his books and works that he is Nurcu. As evidence to his claims, he

7 only shows that Fethullah Gülen praises Nursî. To prove this, he cites Gülen s book Fasildan Fasila 2 (p. 200). He claims it is a crime since Gülen uses the Bediuzzaman nickname for the Said Nursî. But in the sentence following the one Keles quoted, our client writes that the most important reason he appreciates Said Nursî is because of his extraordinary effort to solve anarchy problem. Our client never has said he is a continuation, caliphate, or disciple of Said Nursî. This claim is totally false. Our client in his deposition on November 6, 2001, clearly indicated he is not the caliphate of Said Nursî. Our client wrote this statement in his deposition: In the indictment, given information about Said Nursî and interpretations from Nursî s books are all false. Those are not even belongs to Said Nursî s books. All these quotes are false, as it was done to my books; they are twisted, distorted from the real meaning and falsely interpreted. If the honorable court consults to an expert, this false can easily be identified. I am not caliphate of anybody. To appreciate Said Nursî as a religious scholar does not mean that I am caliphate of him. Our client s frame of mind, attitude, and behavior show that he does not seek to be caliphate or disciple of anybody. In his many works, he expresses his aim as servitude to God (Fasildan Fasila-1, Izmir 1996, p.71; Fasildan Fasila-2, Izmir 1996, p.101; Prizma-3, Izmir 1999, p.129). He writes that people should decide to believe or not believe any faith with their own free will. As a free person, he believes he needs to improve himself; and he always emphasizes that he is just a regular Muslim. He says that the claim of being a caliph is false and groundless. With this conjecture that our client is Nurcu, many crimes were attributed to him in the indictment. However, the subject of the trial is not being Nurculuk. The indictment and the opinion raises the subject of Nurculuk. Even though this subject is not related to the case, we briefly will respond to each claim because our findings show that the indictment is based on false information. In the indictment, accusations about the Nurculuk base on the books Risalei Nur written by Said Nursî. But Risale-i Nur books are not banned books. There are many acquittal and nol-pros decisions by courts and prosecutor offices about these books. For instance, Istanbul chief prosecutor office with investigating 35 Risale-i Nur books and based on experts report prepared by Prof Dr. Kayihan Icel, Prof. Dr. Erol Cihan, Prof. Dr. Koksal Bayraktar gave nol-pros decision. (this nol-pros decision was presented at the attachment 9, 1984/173 K, 11/20/1984). These books were also bought to State libraries by Fikri Saglar, Minister of Culture, and announced via press. I would like to emphasize that our aim in this section is not to discuss the opinions mentioned in Nursî s books. But in the indictment and in the opinions, these books were referred and our client was accused with having the same opinions. According to our determinations, almost all quotes taken from these

8 books to the indictment are false. Although we explained above that our client is not Nurcu, but to display these false quotes will also show that all the accusations to our client are groundless. We will briefly touch upon them. First, I would like to express that Prosecutor Yüksel did not directly quote these books himself; he just excerpted books written about the Risale-i Nur books. Therefore, false information was arranged in the indictment, the statements and topics which do not exist in Said Nursî s book were shown as it is in the Said Nursî s books. Prosecutor Keles did not do any investigation about this matter either; he just repeated the quotes in the indictment. Initially last name of the author of these books was written as Okur, in the 3. page of the indictment it was changes to Nursî. The prosecutor s mistake with even the last name of the author is also an indicator of the false accusations in the indictment. At the 3rd page of the indictment, it is claimed that Said Nursî Conducted sheikhdom activities and he has a cult. Based on our determination, Said Nursî never conducted sheikhdom activities; on the contrary, he was always against to this. Said Nursî in his books informed people about the danger of these types of people. In his book he says: O you whose view is restricted to this world! Why do you struggle against me? Why do you not leave me to myself? If you say: The shaykhs sometimes interfere in our business, and they sometimes call you a shaykh. Good sirs! I am not a shaykh, I am a hoja (teacher). The evidence is this: I have been here four years and if I had taught a single person the sufi way, you would have had the right to be suspicious. But I have told everyone who has come to me: Belief is necessary, Islam is necessary; this is not the age of sufism. (Mektubat page 66) (attachment 10) In the same page of indictment and in page 11, it is claimed that Said Nursî is not a Turk, he does not have any relation with Turks, and Nursî claims that there is a Kurdish nation in Turkey ; he does not accept Turkishness and Turkish nation, he is proud of being Kurdish. Based on our investigations and determinations, Said Nursî with his belief is against to any racial segregation, in the book named Bediuzzaman Said Nursî (tarihce), this is explained in a way that totally opposite with the indictment. In Tarihce page 135, (Attachment 11) In the 4 th page of the indictment, Said Nursî claimed to say With meaning Atatürk, one eyed Deggial, either believe or you will be laughing stock of the world and in page 12 s 3rd paragraph claiming that Nursî said with behaving Ataturk like an enemy, resembling him to Ebu Sufyan and Deggial, one eyed Deggial, either believe or you will be laughing stock of the world. But when we look at the Barla Letters page 53, we don t see such a statement or similar statement about Ataturk. (Attachment 12)

9 In the indictment s page 5, it is written that in the Tiryak Risale page 65 Turkish political regime is working to extinguish the felicity of Nur, Kemalist are characterless and anarchist people. But in that page and in whole book there is no statement like this one. (Attachment 13) Again in the indictment s page 5, it is written that in the book named Mucize-i Kuraniye (page 191-192) for Muslims no need to have any constitution but Quran and it is claimed that this statement is also in the Tiryak Risale page 65 But in both books there is no statement like this one. (Attachment 13) In the indictment page 6, it is written that Secular Republican system was born with 20 years long revolutions and it caused great damage to the religion Munazarat page 135-141) But in this book there is no statement like this one. (Attachment 14) In the indictments page 7 s 14 th article, it is written that at the book named Munazarat page 90-100, Islamic nation is only nation for Islamic State, Islamic state will eventually rule over whole world and convert it to Islam. This world nation will be based on spiritual values. So, such an Islamic State would be founded under the auspice of the Islam and its nation and thanks to Nur tract of the Sheikh, who is struggling for the purpose of İttihat-ı Muhammedi (Union of the followers of the Prophet Mohammed) But in this book there is no statement like this one. (Attachment 14) In the indictment s page 8 s 17 th article, it is written that at the book named Munazarat page 109-131 According to Said Nursî, Makka of the Islamic State will be peninsula of Arabia, and the fact of Ottomanship would be transformed in Medine-i Münevvere (enlightened civilization). in this book there is no statement like this one. (Attachment 14) In the indictment s page 10, it was referred to a book titled Nurculuk according to Islamic religion claimed to be written by Ministry of Religion and it is also referred to a book titled About Nurculuk without giving the name of the author. But Ministry of Religion does not have such a book. Prosecutor Hamza Keles in his opinion page 10-11, as if there is such a book by Ministry of Religion, without investigating, repeated the same claims. In the indictment s page 11, without giving the name of the book, claiming that Said Nursî proposed and presented to establish an Islamic State which will be only governed with Sharia rules including Turkey with the center of Makka in his Nur books, None of the Nursî s books contains such an proposal, his claim is totally false. In this condition, Prosecutor Hamza Keles repeated the same false claims in his opinions related to the essence of the lawsuit, in the page 1-4 with the sections titled History of the Nurculuk movement and Statements of Nurculuk Movement against Ataturk and Secular Republic As it is known, during the opinions related to essence of the lawsuit, with the new evidences given during the trials, the claims in the indictment need to be confirmed or denied. But in the opinion, there is no

10 evidence proving these claims about Nurculuk is true. On the contrary, at the response of our client, all the information in the indictment was proved false. Nevertheless, in the opinions about the essence of the lawsuit, all these facts were disregarded. Even if defendant has not presented any prove during all hearings, the same claims in the indictment were repeated. Both Prosecutor Yüksel and Keles have not brought any document to prove these claims. All documents showing these claims are false are presented at the attachments of this response. 2- Evaluation of the decision of Penal Plenary Assembly about Nurculuk (p-5-13) In the indictment page 5, there is a decision dated 9/20/2005 with the title of the decision of Penal Plenary Assembly about Nurculuk. In the indictment, this decision and the book (By Prof. Dr. Cetin Ozek) referring to this decision were presented as evidences against my client. Mentioned decision of Penal Plenary Assembly was based on abolished Turkish Penal Code s Article 163 and today this article is not valid and this decision cannot be presented as binding and as a precedent. Related to this section, at the expert legal opinion by Prof. Dr. Cetin Ozek, he expresses his opinion: Now at the indictment related to the lawsuit opened against Fethullah Gülen, with attributing to that decision and to my work, it was assumed that defendant is representative of Said Nursî and Nurculuk, with this assumption it was concluded that defendant established a terrorist organization to change secular state. This conclusion in the indictment is false in many aspects and it is not compatible with basic judicial principles of the criminal law Firstly, in my referred researches and examinations, Nurculuk was not stated as one of the terrorist organizations using methods of violence or force, in my works, it was clearly indicated that any movement or initiations which is not favoring secularism cannot be described as terror organization. To establish the crime of terrorist organization, using methods of violence and force is pre-conditioned and existence of issues mentioned below is also required. Secondly, in my mentioned investigation, my topic was related to possibility of the violation of Turkish Penal Code 163 th article. Today this article is abolished. Today propagation against secularism is not crime, therefore my statement in my book is not related the essence of this lawsuit. On the other hand, principle of lawfulness in crimes and penalties is one of the principles in the constitution. Using old court decision based on abolished code in ongoing lawsuit conflicts with the principle of individuality of punishment defined in our constitution s 38 th article. Because years after the acts related to the mentioned decision, for ongoing lawsuit, Fethullah Gülen wanted to be responsible. This means being responsible for somebody else s act that this is not compatible with the principle of individuality of punishment.

11 In front of Law, without discriminating individuals and their choices; if there is a crime, how Fethullah Gülen committed this crime in the definitions of which law, which methods he adopted and which aims he targeted; not with some other peoples books or works, with his own works, acts, attitudes, behaviors; with solid and acceptable manners, required to be presented. In the criminal law, determination of responsibility based on assumptions is contrary to fair trail principles Section 5 (3) 3- Our response to the section of Fethullah Gülen Group in the indictment (pp.13-20) In the indictment (pages 13-20), under the title of Fethullah Gülen Group 1. Aims, 2. Strategies, 3. Organization, 4. Activities in Turkey, 5. Activities abroad, 6. Financial sources, 7. Fethullah Gülen s political targets, 8. large establishments of Fethullah Gülen Group were written and accusations about our client were presented. Aims, Strategies In the indictment page 13, the aim of the Fethullah Gülen Group was stated as establishing theocratic Islamic dictatorship via having control over states all systems with Islamic rules. To claim someone is aiming this goal, can only be accomplished with solid evidence or based on his statements, attitudes, or behaviors. In the indictment no ground (evidence) was presented to prove this claim. On the contrary, our client in his works and activities displays that he is against the idea of an Islamic dictatorship. Deposition of our client also rejects all these false claims. We can give examples of our client s thoughts in his books and statements in the file. Our client stated that a theocratic system is not Islamic; it is a big mistake to own this governing system on behalf of Islam (Fasildan Fasila-1, Izmir 1997, p. 223) There is no coercion in the spirit and in the core of the religion, In Islam willpower and free choice are taken as essential principles in belief and in rituals, all conducts with coercion are not accepted in Islam (Asrin Getirdigi tereddutler-4, Izmir 1998, p. 164) Religion cannot be made an instrument to reach worldly goal, even religion should not be made an instrument to enter the heaven, therefore when religion is politicized, faith as a holy source will be taken as a reference to reach to the political opinions, then political opinions will be seen from this perspective, it will lead to see our own interpretations, our own governing opinions sacred, this will damage the religion, political opinions should not be based upon religion (Osman Ozsoy, Fethullah Gülen le Cani Yayinda Gundem, pages 30-32; 4.16.1997, Channel D, an interview with Yalcin Dogan at Guncel Programi)

12 Religion is a relation between person and God with the foundation based on sincerity, aiming to work God s sake, more than people s relation with world, it is related to our innermost part, it is wrong to use religion as a vehicle to show up like a ceremony. (4.16.1997, Channel D, an interview with Yalcin Dogan at Guncel Programi). In secular state Turkey to politicize Islam will be betrayal to the spirit of Islam, religion cannot be used as instrument of politics. People claiming to govern the State on behalf of religion betrays (1.25.1997, Hulusi Turgut, Sabah Newspaper) Our client s above statements show that, accusation of establishing a theocratic Islam with abolishing secular system is false and groundless. Prof Dr. Cetin Ozek in his legal expert opinion, related to the book Fasilsan Fasila which was displayed in the indictment as evidence for accusation, determined totally opposite understanding with the indictment: author presents his personal opinions, statements and evaluations related to the historical, sociological, cultural topics. Themes he underlined; national unity and solidarity; the importance of education in the subjects of historical, religious and philological conscious; very interesting note in his book is that theocratic system cannot be claimed with Islam. Social and individual moral advices and warnings; the importance of belief and faith; nobody can be forced related to his individual choices and wills related to faith; Islam does not accept the belief which was gain by force; all member of Islamic faith must be very moderate (careful) in their all actions; he advises to have good dialogs and to be tolerant to other people Indeed, in the indictments 13 th page, under his Strategy title, with the sentence of with maintaining his legal path, prosecutor who prepared the indictment declares that our client does not have any illegal acts. Again Prosecutor Keles in his opinion about the essence of the lawsuit, page 4 under the title of his method, writes that our client acts with using democratic rules, in this sentences we clearly see that Prosecutor Keles is in contradiction with his claims. Because in one side, prosecutor is claming about a terrorist organization trying to change constitutional system with violence and claiming our client is the founder of this organization, on the other hand he claims that our client wants to use democratic rules to reach this goal. As it is known, for a political movement which is adopting democratic methods, the crime cannot be mentioned. Moreover our client does not pursue any political aims and acts; these were proved with the documents in the file. Again in the same section, it is claimed without showing any evidence that Fethullah Gülen is an enemy of democracy, and have thoughts and activities against democratic republican regime, it is claimed that he said republic system is unbelievers system (indictment p.14). But our client never said republic system is unbelievers system. In his books and in his statements at press, he repeated his opinion related to the democracy and republic:

13 A true republic is a form of ruling by elevated spirits and is the most suitable for humanity's honor. The republic can be the mother or governess of freedom. The republic provides a foundation that elevates us with uplifting values. That republican rule is not contrary to the Islam (Olcu ve Yoldaki Isiklar-3 (Pearls of wisdom), Izmir 1997, pages 26-29; 4.16.1997, Channel D, an interview with Mr. Yalcin Dogan at Guncel Programi) In this explanation, it is understood that our client does not involve in any thought and act against republic regime. Therefore all the claims in the indictment under the title of Fethullah Gülen group s aims and strategies are false and groundless. Our client wrote several books, articles, spoke at conferences, explained his opinions through sermons, but he never mentioned about destroying regime and establishing sharia state. Organization In the indictment, it is claimed without supporting with any evidence that there is an organization, at the top Fethullah Gülen and succeeding advisor cadre, city imams, imams organizing business people, imams responsible form districts, imam responsible from the house s order, imams controlling individuals (p. 14). Our client is not in any such kind of organizations and he does not manage any organization as claimed in the indictment. As other claims, this claim also does not based on any concrete evidence. During whole lawsuit, no evidence about this claim was submitted or presented. Although it was all based on assumptions (intangible claims), and no evidence was presented, in the opinion about the essence of the lawsuit, with fabricating phrases like city imams, imams for businessmen, imams for courses, district imams, an hierarchical structure was mentioned. This also shows that this opinion was prepared without being aware of the content of the file. This imaginary structure and the claim of advisory committee were based on Aydinlik magazine. The characteristics of this magazine were explained in details in the section of progress during the investigation. At the opinion about the essence of the lawsuit, (page 11), it is said that organization was made up with 12 advisory committee members. At the pages 9 and 13, advisory committee consists of 7 members. And the names claimed as these 12 advisory committee members are different from the names claimed as these 7 advisory committee members. This condition shows that claims are unserious, legally speaking it cannot be accepted and the opinion was prepared carelessly. The activities that our client for years as a public worker and as an author carried out openly in front of public opinion were intellectual works which were given to everybody by the constitution as rights and

14 freedom. To show these activities as illegal organization, society or initiation is not legally possible. Our client does not also accept and adopt naming any society with his name. Prosecutor Hamza Keles at the 16 th page of his opinion, under cemaat (community) title mentions about the advocate group consisting of people adopted organization s philosophy, with the same methods of cutting pieces form our client s books with ignoring beginning and ending of the same paragraphs, he made up accusations about our client. At the dictionary prepared by Ministry of Education (Vol.1 pages 440-441), cemaat defined as Community, people; people gathered to listen sermon, religious ceremony or pray together; community consist of people of same religion or same ancestor and examples of Islamic cemaat or :Christian cemaat were given. (Attachment 15) At the Islamic encyclopedia printed by Department of religious affairs (vol 7. page 228) cemaat is defined as unity and solidarity based on Islamic brotherhood; people following imam for prayer. (Attachment 16) In this case, prosecutor Hamza Keles with quoting form our client s book Fasildan Fasila-1 the cemaat is an unity of individuals sharing the same feeling, thoughts, ideals, aims and ideas and adjusting their life along this line of unity, at the 17 th page of his opinion, he claims that cemaat term means an illegal organization, this is totally false and groundless. Because cemaat term is commonly used in Turkish daily life such as Armanian cemaat, Turkish-Orthodox cemaat, Friday cemaat, Prayer cemaat and all society knows that cemaat does not mean illegal organization. In ordinary daily life, it is very normal that people carrying out similar thoughts or believing same religion can be involved together in some activities within the legal framework. Our client uses the term cemaat as religious terms such as Islamic cemaat, Muslim cemaat especially about people gathering for Islamic rituals or prayers, not as certain type structuring or organization. For instance, people during the Friday or Holy day prayers, come together and form cemaat in mosque to pray, similarly people became cemaat to go together to the pilgrimage. At the 21 th page of the opinion, a sentence was taken from the interview printed by Sabah newspaper dated 6/25/1995, and our client was accused, Fethullah Gülen from his statements above, is not in individual movement, it is understood that he is organizing like cemaat. Mentioned interview s related part is exactly like this: Nuriye Akman: Before you went to pilgrimage (Hajj), you were writing your love to Muhammad to the letters and giving them to the pilgrims to throw these to tomb of Muhammad. Did you receive any respond from prophet?

15 Fethullah Gülen: Estagfirullah (May God forgive my faults). Related to this question where I am and where the respond is. This was a petition from servant to his master. I was fulfilling my longing to him in this way until God destined me to go. Nuriye Akman: When you were given sermon, Muhammad was coming there, because you were saying to cemaat that How can I talk when you are present, O messenger of God. You even mentioned one of your dream to cemaat I was waiting in front of hell s door with my arms are open. I was trying to stop people flooding to the hell. At the end I could not hold on anymore and stood aside. But there was no body from this cemaat in those people. Of course it was not possible that cemaat will not gush with this saying. Why do you think Prophet Muhammad was coming to your sermons? Fethullah Gülen: I might have mentioned about some other people s observations. This was a dream. Some people may say yakaza (Islamic term to see while you are awake). I may articulate some other people s feelings. As seen in this interview, the term of cemaat was used by Nuriye Akman. It is very clear that she meant congregation-people gathered in mosque. There is no way that she means organization. This interview was presented at the attachment of our petition dated 1.26.2001. In the same section of the opinion, two quotes were taken from our clients poems (from the book Kirik Mizrap) with cutting beginning and end of the poems. These were presented as evidences for organization. First quote (Kirik Mizrap (Broken Plectrum) -page 38) Friends, friends, Sefk mezhebi is path to us (Our path is path of Light) First, this poem has 7 quatrains (attachment 17), Prosecutor Keles took just 2 lines with taking out of context. But even in these two line, where does it mention about organization? In addition to this, as it was put in parentheses by Prosecutor Keles, sefk yolu does not mean path of light. In the dictionary prepared by Ministry of Education, Sevk defined as desire, wish, cheer, joy, excitement, excitement for the sake of God. In this dictionary, poem by Yahya Kemal Beyatli was given as an example Bell, scarf and rose, in this garden all speeds of dance, at the night of Sevk, Andalusia is red three times (attachment 18). The meaning of sevk mezhebi in our client s poem is an excitement for the sake of God. When we read the poem as a whole, it is all about love of God and it ends with We learned Him, we found Him, we escaped from sadness of desperation; we were blurred, and became clear, His mercy is an ocean for us. Second quote (Kirik Mizrap (Broken Plectrum) -page 171)

16 Run get on for take part in, to the army of light and saved There is only one way get on for immortality caravan In this poem, there is very clear distortion. Last two couplets of this poem is; Run get on for, to the army of light and saved Unbound from slavehood, be slave only to God Everything is going to deadly looking and everything is perishing, There is only one way: get on for immortality caravan As it is seen above (attachment 19), at the opinion, sentences of Unbound from slavehood, be slave only to God and Everything is going to deadly looking and everything is perishing were professionally removed from the poem and our client s sentence advising people to be a servant to God is depicted as organizing. In addition to this, the word Take part in was also added by prosecutor to the poem. It is very normal that people can read or listen our client s works, it is very normal also that people having enough financial power from these people can serve to their countries in different areas in legal frameworks. Therefore exchanging of views, helping one another, and all activities in legal framework based on mutual love and respect cannot be shown as an terrorist organization or hierarchical cemaat established to commit crime. In addition to this, in the indictment, it is mentioned about a terrorist organization with the name of imams. This is totally false and groundless. Our client uses this term with the meaning of guide and mentor for the religious rituals done with congregation (cemaat). This is a religious term used by every Muslim and it does not have hierarchy meaning. Activities in Turkey and Abroad At the 15 th page of the indictment, it is claimed that to settle in military service, students in military high schools were targeted by Fethullah Gülen, a system was established to arrange meetings and marriages between sympathizer, devoted, intellectual (highly educated) ladies who are not using hijab (headscarf) and military student, So that in 10 years, Fethullah Gülen will have a voice in Turkish Military Forces. This claim is totally false and tragicomic. Whether, as it was written in the indictment, is there a single military student who is married with a woman who is sympathizer of Fethullah Gülen and is not using hijab? If there is, why there is no example presented in the indictment and throughout all lawsuit? Do prosecutor not know that military students cannot marry legally, if they marry, they will be fired?

17 At the 16 th page of the indictment, under the title of activities abroad it is said that Fethullah Gülen deliberately organizes abroad, in this plan these purposes were targeted: to create a political base in socioeconomically most needy Turkic countries, to diminish influence of Iranian Shi a propagations, to create economic opportunities for the companies which will provide their financial needs, to raise bureaucratic cadres in these countries, to establish Turk Islam Union and it is added that to establish World Islam Union, Fethullah Gülen organized activities in non Muslim countries also. The aims of these activities are; to create loyal bureaucratic channels, as consequences of globalization to use information transferring for his targets, to increase welfare of people who are loyal to him, to extend his area of influence. Prosecutor Hamza Keles repeats the same claims in 19 th - 20 th pages of the opinions with the title of activities abroad. All these claims are intangible, all based on assumptions, on the other hand it is full of contradictions. For example, it is claimed that our client is targeting to form Turk Islam Union, on the other hand it is also claimed that he is targeting to establish World Islam Union. Moreover, there is no explanation about what these Unions mean. Does mentioned union mean to unite all Islamic countries in One country, or does it mean cultural union, or to establish international organizations as it is happing today, these are not clear in the indictment. Today, to establish political, economic, cultural unions with Turkic countries is Turkey s official government policy. Turkey is one of the members of Organization of Islamic Conference as other Islamic countries. While official authorities, other individuals and organizations are carrying out this governmental policy; our client as a thinker advises close relations with these countries and nations which are connected to our country historically and culturally. Why this advises was presented as felonious elements? Why does desiring to prevail dialog, reconciliation, peace between countries and nations criminal subject of the indictment? Although this desire is compatible with Ataturk s principle of peace at home, peace in the world, does the idea of strengthening peace and brotherhood became criminal subject when it was expressed by our client? At the 16 th and 17 th page of the indictment, after saying Fethullah Gülen group which started international opening in 1992 organized in 32 countries with 279 educational institutions, with the title of aims of schools abroad, aims are claimed to raise qualified cadres who will govern these countries, to provide with these cadres sympathy to Islamic State which will be established in Turkey, in long term to gain political support to political Islam which will be founded in Turkey. These claims are totally false, they don t base on any evidence. Our client in every occasion addresses importance of science, he sees scientific work as one of the essential principles to solve problems, and he points out that the cure for ongoing educational and teaching problems in our country is a system based on science and modern curriculum essentials. As a matter of fact, since 1971, when he has been emphasizing on the importance of this subject, he has described teaching and learning as two holy duties and advocated not only giving scientific knowledge but also knowledge of goodness and loveliness to youth

18 this will protect them from corruption and vices. (Cag ve Nesil-1, Izmir 1997, pages 101-108, articles published in Sizinti magazine, 1970, volumes 9, 10, 11, with the titles of Our Education and Teachers in Our Education ) It is very clear that these opinions, education according to contemporary scientific and educational essentials, to educate youth with positive (hard) science and to protect youth from corruption and vises are not contradicting with the constitutional provisions. Any responsible citizen caring about national problems has right by constitution to express their thoughts. But in the indictment, these thoughts were presented as establishing terror organization, legally speaking this cannot be explained. Moreover, our client several times, in his statements to public opinion, expressed that he is not owner of any school or foundation, he does not have any organic and physical relation with these mentioned schools, as a citizen caring about national problems, he advocated citizens who have financial opportunities to support educational-teaching activities, he advocated that citizens should help government in this subject. About this topic, we would like to give below correction-tekzip decision as an example. At the Nokta magazine dated 21-27 September 1997, at the article written by Nese Saridogan, false accusations about our client were claimed. First of all, I would like to express that our client in every occasion, emphases the needs for searching solutions in the framework of dialog, tolerance based on mutual respect to different believes and thoughts to the problems of our country. It is clear that this thought which is being one of the main principles of democratic state of law based on human rights oppose to any desire of totalitarian regime or violence and terror acts. As a responsible citizen, our client s statement never aimed to pursue political purposes, never aimed to support any political party or to damage any political party. Therefore, as Fethullah Gülen repeatedly express to public opinion, he does not pursue any worldly or political expectation or desire. But because of the current difficult situation of our nation, as a person feeling concern and affliction, as every citizen, he expresses his opinion about these subjects as his right and duty. So our client advocates everybody who has opportunities to contribute to the solution of problems of education. As a matter of fact, people from all walks of the life who think these advises as reason, in Turkey and abroad established schools using modern education technologies. At these schools which are totally under inspection and supervision of Ministry of Education and other official institutions, there is no possibility of imposing any political, ideological, religious opinions.

19 Scientific successes of students in these schools in Turkey and international competitions are the clearest evidence of this. Fethullah Gülen does not owe or manage any of these schools, except his mentioned advises, he does not have any relations with these schools. As it was understood in this explanation, our client does not have any relation with these schools which were attributed to him, except his advises to all citizens to contribute education. In Turkey, information about the owners of private schools can be obtained from the records of official institutions inspecting and giving permit to these schools and from their registration numbers. In these records, it is certain that our client does not own any school or educational institutions. There is no possibility to prove the claim of being owner of schools with showing our client s intellectual encouragements. Some individuals and organizations have established educational institutions in Turkey and abroad with intellectual encouragement of our client s thoughts and advices. These institutions continue their educational activities under inspection and supervision of Ministry of Education. Our client does not have any role in management of these schools and at the determination of their curriculums. Schools in other countries are inspected based on the procedures of the countries they were established. Therefore with speaking of law, there is no way to claim that these schools are legal structure of a terrorist organization. On the other hand, foremost our president, government officials call private persons for investments to the field of education, Congress passes law for this purpose, official intuitions give incentive schemes. At constitution law no 42 and its reasoned explanation, opening private school was accepted by constitution, these schools required to be compatible with educational quality of public school, government is obliged to take measures to maintain these standards. At Private Education Institutions law and its regulations; who can establish private education institution and opening conditions are determined. According to this, private education institutions are under inspection and supervision of Ministry of education and it can only be opened with the permit of this Ministry. Also according to this law, private education institutions can conduct educational activities with a curriculum accepted by Ministry of Education, this curriculum has to be compatible with Ministry of Education goals. In the legal regulations, all procedures such as how these schools will be inspected, who can be teacher in these schools, how their fees will be arranged, were determined in details. Since the records of Ministry of Education and all other official institutions are open and fixed, there is no illegal activity in mentioned schools. On the other hand, after visiting these schools state officers, authors, businessman, and artists expressed in their statements that there is no illegal or religious activities in these schools. These statements are published by press. In this condition, to encourage, advice people to

20 work on educational activities which were permitted by constitution and endorsed by State as a duty cannot be considered as a matter of discussion. When the statements of our presidents, prime ministers and meetings at the congress were paid attention, it will be seen that, these schools are carrying out secular, democratic, state of law principles and Turkish national and cultural values to all over the world. (taken from Prime minister press center Statements of Prime minister Bulent Ecevit, Statements of State Minister Abdulhaluk Mehmet Cay (commissioner responsible from Turkic Republics) on 05.02.2001 at general council, statement of Congressman Necati Cetinkaya from recording of congress were presented at the attachment of our petition on 5.17.2001.) Because of these reasons, as it was written at Milliyet Newspaper on May 3, 2001 and Turkish daily news on May 12, 2001, Taliban government in Afghanistan which was in office during that time closed these school since they resisted holding above mentioned principles. (Copies of these newspapers were presented at the attachment of our petition on 5.17.2001) Again about this subject, at the program 32 th day prepared by Mehmet Ali Brant at CNN Turk, the closing of Turkish schools in Afghanistan by Talibans, since they were raising secular people who are sympathizer of Turkey, and teaching Turkish language and Turkish national values, were investigated in details. (attachment 21) The minutes of the international meetings related to these education institutions (which continue their operations under supervision and inspection of Ministry of Education) organized by State Ministerium were collected at the book, and officially published. In these books, It is expressed that the education given in these institutions are compatible with the standards determined by Ministry of Education, these institution introduce Turkish culture to all over the word. (The books of report of meeting with representatives of private education institutions established at Turkic republics by Turkish citizens and second meeting with representatives of private education institutions established abroad were presented at the attachment of our petition on 5.17.2001) These books clearly show that the claim of these schools will have activities to assure sympathy to shari state which will established in Turkey at the future is false. Again, it can be clearly seen at the report of Ministry of Education s Middle Schools Head Office about the list of students ranked in international science fairs in 1998 and 1999 which was presented at the attachment of our petition on 5.17.2001, most of these students are from private education institutions established by individuals or foundations. Moreover, at the summary charter of education commission of 9 th collaboration convention of Turkic nations and societies stated that the schools operating with the principle of secular Turkish republic, opened