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Following the FETÖ state coup attempt of July 15, 2016, the 9th Criminal Division of the Supreme Court of the Supreme Court continued the prosecution of senior magistrates who were expelled and arrested.
Prosecutor Ferhat Sarıkaya, who had prepared the indictment as part of the investigation emdinli, opened during the trial of the court of assizes of Van at the hearing in front of the hall of the Assembly of the Court of Cassation, added "Yaşar Büyükanıt to the project". İlhan Kaya, a former member of the Supreme Court, was reported to have ordered the judge.
The audience, Rock and his relatives and his lawyer were present. At the hearing, the defendant Kaya, Kemdinli's indictment, prepared by the former prosecutor of Van, Ferhat Sarikaya, was nurtured 39, a feeling of personal revenge, he said.
Kaya claimed that Sarıkaya wanted to benefit from the feeling of revenge as well as confessions, and he refused the indictment to add two paragraphs that would force the Turkish Armed Forces to enter into force.
Defendant Kaya stated in his defense:
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In Ferhat, the sections he wrote himself had strong claims and his statements were contradictory. We decided not to read certain sections of the TSK, contrary to his requests and requests.
In addition to the indictment of both parafla related to the investigation and investigation of the period of the commander of the Turkish land forces, General Yasar Buyukanit, to consider issues that will place an expert for the examination of the rock, the case Şemdinli before his own court on the UYAP, claiming that the court, the expert also asked the examination of this matter . .
About ESAS
At the hearing, the Supreme Court Prosecutor, Müslüm Canpolat, explained his opinion on the merits.
During the interrogation, the ex-prosecutor Ferhat Sarikaya, special attorney authorized to Van during the defendant's period, Mustafa Uçkan, director of the COM branch of the FETO period, the director of the branch during the period, although the commander of the army, the district commander, ahin Yalçınkaya, has nothing to do with the period. Büyükanıt intended to ensure its destruction.
Thus, in order to prevent the appointment of Sarikaya to the post of chief of staff, members of the parallel structure prepared by the lawyers of Ankara on the copy-paste of digital media by adding the questions to add to the accused, Ali Kaya, Ozcan Ildeniz and Veysel Ateş, "Acting on the unit of unity and integrity of the state to kill, to kill the "man" on March 3, 2006 was opened to public opinion.
In this case, the High Criminal Court Van 3 opened its doors, the defendant "president" as a court tried by the court decided to punish the accused was recalled.
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ANKESÖRLÜ TELEPHONE
In the lock correspondence of members of the organization, the name of the accused, the suspect has been forwarded, the organization used by the organization as a method of telephony at the source has been taken into account in the detection method.
Ilhan Kaya participated in the live discussions, the vehicle was seized during the search of 2 CDs, said the leader of the terrorist organization Fetullah Gulen.
During the presidency of the Assize Court of Van, it was said that the acteemdinli indictment had been brought before his own court and that he had provided assistance in Sarıkaya as part of the dismantling and expulsion process.
The accused Kaya, in the process, "Ali Rock is a good boy, I know you know" for Yaşar Buyukanit "tried to influence the trial of the right to conduct an investigation into documents separate investigation, "he said.
In this context, including the testimony of witnesses related to the accused, the accused Ilhan Kaya, member of the organization by order of the members of the Court of Appeal, continued the prosecution. of the organization during the performance of the profession during the period of composition of the Supreme Court.
During the review, the survey on Şemdinli was highlighted as "the first actions within the framework of the activities carried out by the judicial organization to achieve the ultimate goals of the organization".
In order to eliminate General Yasar Buyukanit, who should be the chief of the staff in assigning the special prosecutor, Ferhat Sarikaya, and considered an obstacle to the organization of the organization within the army. recorded the case was trying to associate the incident with the incident.
Although the accused Kaya, the case "the dinemdinli case" is known as the case of certain paragraphs of the indictment written by the person himself even, because of his orientation as a member of the organization that served as coordinator of the KOM, Mustafa Uçkan was added to the addition.
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Ilhan Kaya, due to the investigation led by Ferhat Sarikaya & # 39; nin after the sacking of the organization leader, according to the instructions of Fetullah Gulen, travel, accommodation, special interest for all types of needs, a regular cash payment is provided to guarantee that the expression, the defendant also said, Sarikaya 'nın It is understood that HSYK is an obstacle to explain the developments.
PENALTIES REQUESTED
In his opinion on the essence, it was stated that Kaya was involved in the hierarchical structure of the organization and that it strictly adhered to the strategy, structure, activities and objectives of the organization and had committed the crime of being an armed terrorist organization ik, Esas.
It is pointed out that the accused, who belongs to the hierarchy of the organization, knows his level of education because of his position in the organization because of his socio-cultural background, his knowledge and his his professional experiences, is an armed terrorist organization. (TCK), the inevitable error can not be punished the person under the title of "error" Article 30 highlighted can not be applied.
In the opinion on the merits, the accused was asked to be sentenced to a term of imprisonment of 7.5 years to 15 years, in accordance with the provisions of Article 5 § 1 of Anti-Terror Law No. 3713 which provides for the increase of sentences punishable by 314/2 and terrorist offenses.
The appointment of the accused to the Supreme Court, the level of power and loyalty conferred on the organization and its position in the High Judiciary equivalent to the status it has obtained, and taking into account situations in which the FETÖ is located in the private structure, the manner in which the crime is committed, the caste's intensity and the determination of the fundamental sentence by the distance of the lower limit in relation to the severity of the danger, to decide the continued detention.
Kaya and his lawyer asked for time to prepare his defense on the merits.
After the break-in, the court decided to allow the accused to continue his detention and to give the accused and his lawyer the opportunity to prepare their defense on the merits.
The hearing was made public on February 12th.
FERHAT SARIKAYA RELATING TO WITNESS
The trial of Kaya in the lawsuit before the former prosecutor, Ferhat Sarikaya, "President Kaya, me", Buyukanit, the chief of the General Staff, will explode and appear in the act d & # 39; accusation. " he said ". had expressed in the form.
After the indictment was taken, Kaya told him that he had paid her a regular salary. "Let me tell you that there is honor." For Allah, some fear Allah, tell me if you have a conscience. I have nothing to do with this congregation. "I'm still a judge, a prosecutor." he said.
Two people were killed after the bomb attack on Umut Kitabevin in the Dinemdinli district in Hakkari on November 9, 2005. The Sarıkaya Attorney of the time, had prepared the bombing of the village. indictment "Şemdinli" concerning the incident of the same year.
The indictment, which was accepted as "the first organization of the Turkish Armed Forces", was accused of having "formed a gang to commit a crime during the period when he was commander of the 7th." body of Diyarbakır ".
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