PROCLAMATION OF “GÜLEN MOVEMENT” BY THE GOVERNMENT AS A TERROR ORGANISATION UNDER THE NAME OF “FETÖ/PDY” AND SOME INFORMATION ABOUT THE COUP ATTEMPT OF 15 JULY 2016 TABLE OF CONTENTS

A. The origins of facts (§§ 1-7) B. The process of declaration of Gülen movement as a terror organisation by naming it as “FETÖ/PDY” 1. Some assessments in terms of the moment of transformation of a non- governmental organisation to a terrorist organisation and the principle of “no punishment without law” (§§ 8-12) 2. Process of Declaration of Gülen Movement as a Terror Organization by the National Security Council and the Council of Ministers (§§ 13-21) 3. Do the National Security Council and the Council of Ministers have any authority to announce an NGO as terror organization without judicial decision? (§§ 22-25) 4. First violent act attributed to Gülen Movement: Coup attempt of 15 July 2016 and problem of who organized and orchestrated it (§§ 26-77) 5. Gülen Movement followers who did not commit any violent act until 15 July 2016 may only be legally accused of the acts after 15 July 2016 for being member of terror organization (§§ 78-89) 6. Why does the majority of the Turkish Society believe that the Gülenists have made the coup attempt? (§ 90) a) Closing or seizing of the media outlets controlled by the Gülenists or made critical broadcasts and publications (§§ 91-103) b) More than 95% of Turkish media is under the control of the political power (§§ 104-105) c) Arrest of those who make explanations contrary to the theses of the government and auto-censorship (§§ 106-114) d) The Repetitions of Government Theses by Some Congregation Adversaries and Neo-nationalist Groups (§§ 115-116) e) Trials Based on Statements Signed under Torture and Black Propaganda (§§ 117-120) 7. Is it possible to elucidate who organized and orchestrated the coup attempt in ? (§§ 121-126) 8. Were the Trials such as “”, “Balyoz” an “Military Spying” (Askeri Casusluk) the Conspiracy of the Gülenists? (§§ 127-163) 9. Why do public officials in Turkey hide their political thoughts, ethnic identities and religious belief and life? (§§ 164-174) 10. What was the 15 July 2016 coup attempt? What happened after? a) What Was the 15 July 2016 coup attempt? (§ 175) b) What happened after the 15 July 2016 coup attempt? aa) What Happened in international relations of Turkey? (§§ 176-177) bb) What Happened in Turkish Domestic Policy? (§§ 178-184) 11. Why did the Gülenists support the AKP government in the past? (§§ 185- 188) Conclusion (§ 189-191)

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A. The Origins of Facts

1. “Gülen Movement” has been active in the fields of humanitarian aid, education, trade, finance, Medias and many social branches in the Republic of Turkey and around the world for approximately fifty years. Fethullah Gülen, the leader of the Movement which has opened educational institutions in more than 150 countries, was indicted on charges of “establishing and managing a terrorist organization and seizing the state” (recruitment of its members to the state departments; forming a “Parallel Structure” as it is recently (2014) named) following the military intervention of 28 February 1997. In the official indictment dated 31 August 2000, all the activities undertaken by “Gülen Movement” were examined and it was alleged that, among others, the “recruitment of its members to the state departments and seizing the state” constitute a crime. The Ankara 11th High Criminal Court heard the case and acquitted with the opinion that the charges in the indictment do not constitute a crime on 5 May 2006. The acquittal decision was appealed by Ankara Chief Public Prosecutor’s Office. The 9th Criminal Chamber of the Court of Cassation approved the decision on 5 March 2008 unanimously. The Chief Public Prosecutor’s Office of the Court of Cassation objected to the approval decision. The Plenary of the Criminal Chambers (ACC) approved the judgment with a final decision by rejecting the objection on 24 June 2008 (ACC Decision No: 2008/9-82E - 2008/181K). With this decision of the ACC being a final one in the domestic law, the claims for “Gülen Movement” of being a terrorist organization and attempting to seize the state, were refuted with a “res judicata” (final decision) in the Turkish legal order. 2. Justice and Development Party (Adalet ve Kalkınma Partisi - AKP) won the general elections held on 3 November 2002 and has been governing the country by itself alone for the last 17 years. Since the early days of its governance, AKP has regarded Gülen Movement as a non-governmental organization (NGO)1 and supported its activities. The AKP’s support to the Gülen Movement is publicly announced and known widely. The President of Republic, the Prime Minister, the Deputies of Prime Minister, the Foreign Affairs Minister, the President of Turkish Parliament, including many Ministers, members of Parliament, and mayors from AKP, have made statements indicating their support and encouragement for the Movement in public. For instance, in the event of International Language and Culture Festival organized by Gülen Movement with the students from more than 150 countries in June of 2013, Mr. Erdoğan, the then Prime Minister, said that “I thank again and again to our seniors who pave the way for us, to brothers who set our mind at rest and have it said that good things happen in Turkey, to brothers who are lovers.”2 In the closing remarks of the same organization in 2012, by inviting Fethullah Gülen living in USA to Turkey; he said that “Let finish this longing.”3 Ahmet Davutoğlu, who was the Prime Minister between September 2014 and May 2016, when he was the Minister

1 Ahmet Davutoğlu, who was the Prime Minister between September 2014 and May 2016, highlighted that these activities are part of “the NGOs’ most powerful activities” in his assessment related to the event of International Language and Culture Festival organized by Gülen Movement with 2000 students from more than 150 countries when he was the Minister of Foreign Affairs (https://m.haberler.com/turkce-olimpiyatlari-kadar-turkiye-yi-tanitmada-4723303-haberi/). 2 https://m.sabah.com.tr/gundem/2013/06/16/basbakan-erdogan-konusuyor/amp 3 https://m.haber7.com/amphtml/siyaset/haber/891422-erdogan-gulene-artik-don-cagrisi 2 / 68 of Foreign Affairs in 2012, in the opening ceremony of a school built by the members of Gülen Movement in Yemen, said that “We owe you a debt of gratitude. Because of your teachers’ contribution to the Yemen’s new generation, both Yemen and Turkey will always grateful to you.” Binali Yıldırım, who was the Prime Minister between May 2016 and June 2018, when he was the Transportation Minister, said that “You contribute to global peace” at the school of Toronto Nil Akademy in his Canada visit in 2009.4 The Deputy Prime Minister Bekir Bozdağ, who was the Justice Minister between 2013 and 2017, said that “As Turkish Government, wherever they are,… we have always supported Turkish Schools, and we will continue to support them. From here, I salute honorable Fethullah Gülen who has firstly come up with this beautiful opinion.”5 As understood from all these statements, the members of the executive branch have not regarded Gülen Movement as a terrorist organization and announced their support and encouragement to the Movement publicly. 3. On 17 December 2013, Chief Prosecutor’s Office initiated a “bribery and corruption operation” against some senior executives and businessman. In this regard, some ministers’ sons, general director of a bank and businessmen were taken into custody. At the house of a state bank’s general director, 4.500.000 US $ in cash was seized in shoe boxes in this operation.6 After searches conducted in houses of some Ministers’ sons, money counter machines, steel safe-deposit boxes and great amount of money in Turkish Lira, Euro and US Dollar were seized.7 It was expressed in the media that evidences8 obtained from the wiretaps with a court warrant of Reza Zerrab, a gold-trader businessman, an Iranian/Turkish citizen, middle school graduate and at the age of 28 on the date of the operation, revealed that he bribed some Ministers, including Economy Minister and the general director of a state bank in order to evade US sanctions against Iran.9 One week after the incident, four ministers resigned and some suspects were arrested.10 4. Just after the operation, the then Undersecretary of the Prime Ministry Efkan Ala said that “Some public officials tried to attempt a “coup d’Etat” against the government by abusing their power”.11 Efkan Ala was appointed as the Minister of Interior one week after the operation on 25 December 2017.

4 https://m.haberler.com/bakan-yildirim-dan-turk-okuluna-ovgu-kuresel-haberi/ 5 https://www.oncevatan.com.tr/haber/amp/27672 6 http://www.hurriyet.com.tr/suleyman-aslanin-evinde-4-5-milyon-dolar-bulundu-25388816 7 https://www.youtube.com/watch?v=KPvm2oPqDXs. 8 http://www.cumhuriyet.com.tr/haber/turkiye/20419/iste_Reza_Zarrab_in_rusvet_agi.html 9 U.S. Attorney’s Office for the Southern District of New York has launched an investigation and some criminal cases have been brought on violation of U.S. sanctions against Iran based on United Nations Security Council Resolution 1929 (2010). In one of these cases, the then Economy Minister, General Director of Bank and Deputy General Director of Bank (Hakan Atilla), who violated U.S. sanctions, and Reza Zarrap, who bribed to some high-ranking officials, have been on trial in federal court of New York by 1 November 2017. U.S. authorities issued an International Arrest Warrant about the Economy Minister and the General Director of the Bank. Hakan Atilla was convicted by a federal jury in Southern District Court of New York for five accusations and acquitted for one accusation on 3 January 2018. 10 http://www.aljazeera.com.tr/kronoloji/kronoloji-yolsuzluk-ve-rusvet-operasyonu 11 http://www.ntv.com.tr/turkiye/efkan-ala-neredeyse-bir-hukumet- darbesi,1uC8jfenaEyQRRMhnfQxlA 3 / 68

5. Istanbul Chief Prosecutor’s Office ordered a second operation on 25 December 2013. However, this order and search warrants for suspects’ houses and workplaces issued by courts were not executed by the police. The operation remained incomplete as a result of political interventions. 6. In his many remarks, the then Prime Minister labeled these operations as “a coup attempt against his government.”12 He indicated that this attempt was made by a structure that he mentioned about as of this date firstly and named it as “Parallel Structure.”13 He also said in his many public speeches that Gülen Movement formed a structure in the judiciary and the police and these operations were made by this structure and that they will take revenge from them. For example, in one of his public speeches on 20 March 2014 in Sakarya Province, he said that “We will call them to account for their doings, we will not leave them unpunished; we will go in their burrows, their burrows.” In another speech given on 11 May 2014 in Afyon Province, by referring to 17-25 December 2013 corruption operations, he said that “A villainous, uncoverable, unforgettable and unforgiveable attack took place to our country, our unity and our independence… I will not forget these villainous attacks and forgive in rest of my life. (By referring to the Gülen Movement sympathizers working in state departments) If it is a witch hunt, we will do this witch hunt.”14 meanwhile 7. Even though the then Prime Minister considered the 17-25 December 2013 corruption operations as a “coup attempt”,15 this allegation does not reflect the truth. Reza Zarrab, who was arrested on 17 December 2013 and later released and went to the United States in 2016, was arrested in the United States on 20 March 2016 on the grounds that he violated economic embargo against Iran.16 In the hearing about the criminal case The United States v. Hakan Atilla held in the Southern District Court of New York during November and December 2017, Zarrab stated, as an alleged co- conspirator that, he gave bribes of more than 50 million Euros to the then Minister of Economy, 5.8 Million USD to the then the Interior Minister, and he also said that he bribed the then General Director of the Halk Bank many times.17 The lawyers of the Deputy General Director of Halk Bank Hakan Atilla, especially Attorney Victor Rocco explicitly accepted during the hearing that, without Mr. Atilla, some ministers and officials shamefully received bribes from Zarrab before the 17-25 December 2013 corruption operations.18

12 http://www.hurriyet.com.tr/basbakan-erdogan-en-ahlaksiz-darbe-girisimi-25566536 13 In this way, “Gülen Movement” started to be called “Parallel Structure” or “Parallel State Structure” after the 17-25 December 2013 corruption operations. 14http://www.aljazeera.com.tr/haber/erdogan-bu-cadi-avini-yapacagiz https://www.youtube.com/watch?v=dOZvu91KxVM 15 http://www.aljazeera.com.tr/kronoloji/kronoloji-yolsuzluk-ve-rusvet-operasyonu 16 UN Security Council took some measures with the Resolution No. 1929(2010) dated 9 June 2010 (http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/1929(2010)), which is based on Article 41 of the UN Charter, that would mean an economic embargo against Iran. As it was acted under Chapter VII of the UN Charter, Article 41, the UN Security Council Resolution No. 1929(2010) is binding for all states. The European Union and the US authorities have also decided to impose sanctions against the individuals and organizations those who violates the sections imposed by the Security Council. 17 See the indictment at https://www.justice.gov/usao-sdny/press-release/file/994976/download. 18 See for “the United States v. Hakan Atilla case”, https://en.wikipedia.org/wiki/U.S._v_Atilla 4 / 68

B. The Process of Declaration of Gülen Movement as a “Terror Organization” by naming it as “FETÖ/PDY”

1. Some assessments in terms of the moment of transformation of a non- governmental organization to a terrorist organization and the principle of “no punishment without law”

8. According to Article 15 § 1 of the International Covenant on Civil and Political Rights (ICCPR), “No one shall be held guilty or punished on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed.” Article 7 of the European Convention on Human Rights (ECHR) to which the Republic of Turkey is a contracting party, has a similar provision. 9. In order to be accused of being a member of a terrorist organization, first of all, there have to be a terrorist organization. The crime of membership of a terrorist organization may only be committed deliberately. In other words, he or she must act willingly and intentionally that the organization he or she is a member of is a terrorist organization. According to the Turkish Criminal Code, “In order to consider an act as an offense, a crime has to be intended by the offender,” (Article 21). In order to consider the past actions of a person as a ground for the crime of membership to a terrorist organization, first of all, the organization have to be known and be announced as a terrorist organization prior to the time of the actions committed or at least at the time of the actions committed (non-retroactive application of criminal laws). There is no membership of a terrorist organization without a terrorist organization. 10. As known, the organizations other than states and international organizations are divided into two parts: criminal organizations and non-governmental organizations. These organizations may be considered as legal and illegal ones. Terrorist organizations are regard as a special group under criminal organizations and “use of violence in order to cause atrocity in society” is among the sine qua non components of such organizations.19 It is possible to be transformed to a terrorist organization or an illegal organization over time from an initial NGO or legal organization. However, the criminal accountability of the members of an association or a political party, who are unaware of violent actions of these organizations, may only be possible after the involvement of association in these unlawful activities have become known by the society. An organization is deemed to be a legal organization (NGO) until being announced as a terrorist organization in the countries where the presumption of innocence and the principle of rule of law prevail and the past legal activities of its members (before violent conducts) cannot be made a ground for the accusation of the crime of membership of a terrorist organization. Because, the past activities of the members were not done with the aim of aiding or supporting a terrorist organization. There is no doubt that a person, who donated 500 € to an association involving humanitarian aid activities in Africa in 2011, did not aim to support a terrorist organization, but provided humanitarian aid to needy people. Consequently,

19 Violence or threat of use violence are essential components of a terrorist organization, (See the Recommendation 1426 (1999) of the Parliamentary Assembly of the Council of Europe, ‘European democracies facing up to terrorism’, 23 September 1999, § 5 - http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=16752&lang=en) 5 / 68 even if the association transformed into a terrorist organization in 2016, the donor would not be held criminally accountable for the reason that it was not a terrorist organization at the time of the activity in 2011. Otherwise, this would be a breach of Art 15 § 1 of ICCPR and Art 7 § 1 of the ECHR. 11. By force of the principle of no punishment without law, individuals may only be criminally held accountable due to their actions which may be regarded as membership of a terrorist organization after demonstrating the existence of this terror organization. The existence of a terrorist organization maybe shown in two ways. Firstly, it may be decided by an independent and impartial court. Conscious acts of individuals may be proof of membership of a terrorist organization after the court decision. Secondly, deliberate actions which may be regarded as membership of a terrorist organization may be considered as a basis for criminal liability without a court decision, after initial violent terror acts of this organization have become known by the society.20 Otherwise, it would violate the principles of the prohibition of retroactive application of criminal laws and no punishment without law. 12. In sum, an NGO or an association established as a legal organization is accepted as a legal organization until the moment it is demonstrated as a terrorist organization; the past activities of its members cannot give rise to any criminal liability. Because the organization was a legal structure when the acts were committed and the said activities were lawful activities which were not designated as crimes at the time they were conducted. An association’s legal actions and its’ members legal activities are under the coverage and protection of freedom of association until the date in which the association is decided as a terror organization. The activities may only be made a ground for membership of a terrorist organization after the association in question is decided to be a terrorist organization. Members’ past legal activities cannot be made a ground for this accusation. It is not possible to infer any other conclusion from the principle that nobody can be held responsible for an act that is not a crime at the time it is committed under national and international law (the principle of no punishment without law). 2. The process of declaration of Gülen Movement as a terror organization by the National Security Council and the Council of Ministers 13. The followers of Gülen Movement, which has been active in Turkey and many countries since 1968, was not founded as a terrorist organization and see themselves as a NGO. The criminal case on allegation of being a terrorist organization was dropped by the judgment of ACC of the Court of Cassation on 24 June 2008 (ACC

20 Council of Europe’s Commissioner for Human Rights Nils Muiznieks highlighted in the Memorandum on the human rights implications of the measures taken under the state of emergency in Turkey (CommDH(2016)35) on 7 October 2016 like that: § 20- “…, the Commissioner must also take note of the fact that this organization’s readiness to use violence, a sine qua non component of the definition of terrorism, had not become apparent to Turkish society at large until the coup attempt (on 15 July 2016). Furthermore, it has not yet been recognized as a terrorist organization in a final judgment of the Turkish Court of Cassation which, according to the Turkish authorities, is a crucial legal act in the Turkish legal system when it comes to the designation of an organization as terrorist.” (See, https://www.coe.int/et/web/commissioner/-/the-commissioner-publishes-a-memorandum-on-the- human-rights-implications-of-the-emergency-measures-in-turkey). 6 / 68

No. 2008/9-82E - 2008/181K) and it was determined by a judicial decision that constitutes a “res judicata” (final decision) that Gülen Movement is not a terrorist organization. Considering the decision, there is no doubt that Gülen Movement was established and operated as a legal organization. Therefore, Gülen Movement cannot be deemed to be a terrorist organization until a new judgment contrary to the above- mentioned decision is delivered or first violent actions that may be considered as terrorist acts take place; thus, Gülen Movement’s followers cannot be held criminally accountable for their past legal activities. 14. The first violent action attributed to Gülen Movement was the coup attempt of 15 July 2016. There had been no final judgment delivered to suggest that the said Movement was a terrorist organization until this date. As the Movement was not founded as a terrorist organization at the outset and there was not any court judgment delivered in this direction, the question of from which date the Movement may be qualified as a terrorist organization and its members may be accused of “membership of a terrorist organization” arises. This is a question of law and not a political one; it is a very significant question that must be resolved in terms of application of the principle of no punishment without law as well. Thus, it must be clarified on the basis of objective facts and evidences in the lights of the Rule of Law and constitutive elements of the crime of terrorist organization.21 15. There is no doubt that Gülen Movement, which was determined by a court decision that it was not a terrorist organization and that it was a legal organization, will be considered as a legal organization until the moment it is determined as a criminal organization with a new judicial decision. As a consequence, its civil society activities within the period in which it was considered as a legal organization cannot be made a basis for membership of a terrorist organization and they are within the scope of the freedom of association. No one shall be held guilty or punished on account of any act or omission which did not constitute a criminal offence at the time it was committed (Art. 15 § 1 of the ICCPR and Art 7 of the ECHR). Only the deliberate acts, which are conducted after it was ascertained as a terrorist organization or first violent attacks were attempted, can be taken as a ground for the membership of a terrorist organization. 16. Until the date of 15 July 2016, there had not been any final decision delivered by an independent and impartial court that Gülen Movement was a terrorist organization (Turkish Constitution Article 38 § 4). There had not been any action of the Movement that may horrify the society until the same date.22 Nevertheless, after

21 See, Venice Commission, Opinion on Emergency Decree Laws Nos. 667-676 Adopted Following the Failed Coup of 15 July 2016, CDL-AD(2016)037, § 127. http://www.venice.coe.int/webforms/documentpdffile=CDL-AD(2016)037-e 22 As expressed above, the Council of Europe’s Commissioner for Human Rights Nils Muiznieks emphasized this fact in the Memorandum on 7 October 2016 by making an assessment that follows: “… the Commissioner must also take note of the fact that this organization’s readiness to use violence, a sine qua non component of the definition of terrorism, had not become apparent to Turkish society at large until the coup attempt (§ 20). Karar Daily, which is a daily newspaper under the control of the ruling party, claimed the first murder accusation in Parallel Structure on the first page of its issue on 27 June 2016, 18 days before the coup attempt of 15 July 2016. Even though, it became apparent that 7 / 68 the 17-25 December 2013 bribery and corruption operations, the Movement was declared as a terrorist organization by a political decision (not a judicial decision). Gülen Movement was declared as a terrorist organization for the first time on 30 May 2016 by the Council of Ministers, under the name of “FETÖ/PDY” based on a National Security Council Resolution of 26 May 2016 following a process just described below. 17. Allegations that the structure, formerly known as "Congregation", “Service” (Hizmet) or “Gülen Movement", was an organization or a terrorist organization was brought up again after a period of 17-25 December 2013 corruption operations. The structure was firstly called as an organization by the Prime Minister Erdoğan on 12 March 2014. Upon the fact that a journalist used the term of the congregation in his expression in a live broadcast on 24TV, Erdoğan, who participated in the broadcast, named this structure as an "organization" by responding to him with these statements "You must say an "organization" not a congregation when you are talking about this structure; what are you afraid of?"23 In many press releases after that date, the Prime Minister has made it clear that he would proclaim the Parallel Structure -he calls so- as a "terrorist organization" by the decision of the National Security Council (NSC - MGK in Turkish acronym). 18. After the 17-25 December 2013 bribery and corruption operations, the members of the ruling party initially designated Gülen Movement as the “Parallel State Structure” (PDY).24 In the press releases issued after the National Security Council (NSC) meetings held in every two months, by using the concept of “Parallel State Structure, it was expressed that this structure would be fought against.”25 Nevertheless, since the concept of “Parallel State Structure” does not fall within the scope of any crime and not have any meaning from the viewpoint of criminal law, this designation was not seen sufficient and therefore it was declared that Gülen Movement will be announced as a terrorist organization. 19. Both meetings and decisions of NSC which comprises of some ministers and high-ranking soldiers and presided over by the President are confidential. However, after each meeting, a short press statement is released and brief information about the topics covered in the meeting is provided. Gülen Movement was not mentioned as a terrorist organization in any of the press releases issued after the meetings which took

this news had no basis in a short time, it was accepted by a pro-government newspaper with this news that the first violent act attributed to the Movement was 18 days before the coup attempt. 23 http://www.mynet.com/haber/politika/erdogan-cemaat-degil-orgut-diyeceksin-neden-korkuyorsun- 1114856-1 24 It is understood that the term “Parallel State Structure” is meant that “a structure which is outside of the state hierarchy, bound to another hierarchy and takes decisions after having instruction from another hierarchy rather than the ministers, a structure parallel to the state structure”. However, if this allegation is not to be regarded baseless, the accusation of “Parallel State Structure” would also comprise the ministers, taking into account that the bureaucrats who did not implement ministers’ instructions may be removed by the ministers forthwith and those taking decisions outside the laws would be responsible under disciplinary and criminal law. 25 For instance, the following expression is used in the press release issued after the National Security Council meeting held on 30 December 2014: “Information was presented to the Council on the fight against the parallel state structure and illegal formations, it is highlighted that the fight will continue decisively.” 8 / 68 place from 26 February 2014 to 26 May 2016. The concept of “Parallel State Structure” was used for the first time after the NSC meeting of 30 December 2014.26 After the NSC meeting held on 26 May 2016, the fact that Gülen Movement is accepted as a terrorist organization was expressed in the following words: “The actions in order to provide our citizens’ peace and safety, public order, the stage reached in the fight against terror and terrorist, the precautions taken against the parallel state structure that is a terrorist organization were discussed.”27 The fact that Gülen Movement is accepted as a terrorist organization was declared for the first time with this statement on 26 May 2016, and it is publicly known that the said Movement is meant with the term “parallel state structure” used in this statement. It should not be forgotten that more than 200.000 persons who were indicted after 15 July 2016 were accused of “membership of a terrorist organization”; not of membership of the parallel structure. There is no such crime defined as “membership of parallel structure” in the criminal codes either. Accordingly, the first date that may be taken into consideration in terms of the accusation of membership of a terrorist organization is the date of 26 May 2016. 20. One day after the NSC meeting, President Erdoğan, in his speech on 27 May 2016 in the province of Kırşehir, said that “We took one more new decision yesterday (in NSC meeting). We said that it is an illegal terrorist organization under the legal appearance. We took the recommendation decision of Fethullahçı Terrorist Organization and sent it to the Government. We are waiting for the cabinet decision from the Government. We will register them as terrorist organization as well. They will stand trial in the same category of what PYD, YPG and PKK are.” 28 21. After the Cabinet Meeting on 30 May 2016, the Deputy Prime Minister and Cabinet Spokesman Numan Kurtulmuş expressed the following statement on the issue: “It was highlighted in the previous NSC meetings that Parallel State Structure (PSS) is an illegal organization with legal appearance (!), and it was also stated in the previous NSC meetings that total fight against Parallel State Structure (PSS) was targeted by the State. With the NSC’s recommendation decision, it has been entered a new phase of fight against the Parallel Structure. The PSS was designated as a terrorist organization for the first time in the NSC meeting as a recommendation decision and the main framework of the fight afterwards was converted into the way to fight against a terrorist organization. Consequently, all the things required will be implemented both by the government and by the respective judicial bodies, the implementation will continue without disruption.”29 As understood from this statement, the NSC’s recommendation decision was accepted by the Council of Ministers and then this position was declared to the public. Thus, Gülen Movement was declared as a terrorist organization for the first time with a cabinet decision of 30

26 See, Decision of the Turkish Constitutional Court delivered on 4 August 2016 (No. 2016/6E– 2016/12K), http://www.kararlaryeni.anayasa.gov.tr/Karar/Content/717f7c20-b696-4379-84f6- dfb568f8844a?excludeGerekce=False&wordsOnly=False. 27 https://www.mgk.gov.tr/index.php/26-mayis-2016-tarihli-toplanti 28 http://www.milliyet.com.tr/erdogan-dan-kirsehir-de-onemli/siyaset/detay/2252704/default.htm 29 https://www.takvim.com.tr/guncel/2016/05/30/hukumetten-onemli-feto-karari 9 / 68

May 2016 based on the NSC decision of 26 May 2016 with the executive branch’s initiative and not by any independent courts based on concrete criminal evidence. 3. Do the National Security Council and the Council of Ministers have any authority to announce an NGO as terror organization without judicial decision?

22. Under Turkish Law, whether or not an organization is a terrorist organization can only be decided by independent courts.30 It is stated in Article 38 § 4 of the Turkish Constitution “No one shall be considered guilty until proven guilty in a court of law.” The presumption of innocence requires that the power of determining whether or not a person or social group is criminal is a judicial function. As stated in Article 9 of the Turkish Constitution, “Judicial power shall be exercised by independent courts.” National Security Council (NSC) or the Council of Ministers has no power to adjudicate or declare people guilty; according to Article 6 § 3 of the Constitution “No person or organ shall exercise any state authority that does not emanate from the Constitution”. The decision taken by the NSC and the Council of Ministers with regard to declaring Gülen Movement as a terrorist organization has given rise to a clear usurpation of authority and therefore it is legally null and void under the domestic law. 23. As understood from all the explanations, the accusation of terrorist organization for Gülen Movement was taken for the first time by the NSC decision of 26 May 2016. However, because NSC decisions are advisory and confidential and directed towards the Council of Ministers (not the society) under Article 118 § 3 of the Constitution, Gülen Movement was declared as a terrorist organization to the public for the first time on 30 May 2016 after the meeting of the Council of Ministers. Despite the fact that the NSC and the Council of Ministers have no power to declare a NGO as a terrorist organization, the statements of the President Erdoğan and the Deputy Prime Minister and Government Spokesman Numan Kurtulmuş expressed on behalf of the Government shall be binding for the Republic of Turkey in national and international area.31 As clearly understood from these two statements, there had not been any terrorist organization under the name of “FETÖ/PDY” prior to the date of 30 May 2016; this fact was accepted in both statements. It is not possible to reach any other conclusion from the statements of “We will register them as terrorist organization as well.” and “Parallel State Structure was designated as a terrorist organization for the first time in a NSC meeting as a recommendation decision.” If there was a terror organization under the name of “FETÖ/PDY” before the dates mentioned, the NSC and the Council of Ministers would not need to declare it as a terrorist organization. Arguing otherwise would mean to blame the executive branch engaging in futile. Therefore, individuals who are accused of being members of Gülen Movement may be alleged to be members of FETÖ/PDY only for their actions conducted after the date

30 According to Prof. Dr. İzzet Özgenç, who is one of the drafters of the new Turkish Criminal Code that entered into force in 2005 and is still in force: “The existence of a terrorist organization and even a criminal organization may be determined only by a court decision. A variety of crimes may be committed in a social or economic formation, investigations may be launched with the suspicion of committing. Nevertheless, the existence of weak or strong suspicion about committing a variety of crimes in these formations would not lead us that these formations are a criminal and even terrorist organization.” (@izzetoezgenc, 9 September 2015). 31 See, International Court of Justice (ICJ), Nuclear Test Case, 20 December 1974. 10 / 68 of 30 May 2016. Before this date, any individual may not be alleged to be a member of a terrorist organization that does not exist; legal activities before the date mentioned (membership of an association/trade union, sending children to a school, having account in a bank) may not be considered as evidence of membership of a terrorist organization. In other words, lawful activities in the period in which Gülen Movement was accepted as a NGO may not be used as grounds for membership of a terrorist organization and justification for allegations after the Movement is declared as a terrorist organization under the name of “FETÖ/PDY”. 24. As a requirement of the principles of the rule of law and legal certainty, individuals are under the obligation to guide their attitude only by considering the declared laws and court decisions. As there had not been a final court decision delivered with regard to Gülen Movement being a terrorist organization until the date of 15 July 2016, natural or legal persons may guide their actions by only taking into account the declared decisions to the public. Individuals may only be responsible for their deliberate acts which would mean membership of a terrorist organization after the date of the declaration of the organization as terrorist. In this respect, the statements of political actors made in the political sphere do not have any value from the standpoint of law. That an organization is a terrorist organization may be decided only by independent courts. If the leader of ruling political party is to determine that an organization is a terrorist organization, that leader may declare all opposition parties as terrorist and prohibit them whenever she/he wishes. This would put an end to the democratic system. 25. Even if it was assumed for a moment that the decisions of NSC and Council of Ministers were legally valid; all the individuals accused of being members of “FETÖ/PDY” may be responsible only for the deliberate acts and actions conducted after the date of 30 May 2016. They may not be held accountable for their lawful acts in the period during which the organization was regarded as an NGO. The contrary conclusion would violate the principles of legal certainty, prohibition of non- retroactive application of criminal laws and no punishment without law (Art. 15 of the ICCPR - Art 7 of the ECHR). 4. First violent act attributed to Gülen Movement: Coup attempt of 15 July 2016 and problem of who organized and orchestrated it

26. On 15 July 2016 at around 10:00 P.M. in the evening, a group of soldiers within the started a coup attempt in Turkey. As Gülen Movement is particularly accused of planning and realizing the coup attempt, it has been alleged to be a terrorist organization and especially for this reason its followers are alleged to be members of a terrorist organization. As mentioned above, there is no other violent act attributed to Gülen Movement apart from the coup attempt. However, having regard to the concrete facts below, it has not been elucidated yet by whom the coup attempt was planned, organized and orchestrated despite more than two years being elapsed since the attempt. Some material evidence refutes the accusation that the coup attempt of 15 July 2016 was planned and orchestrated by Gülen Group. 27. On 10 July 2016, exactly five days before the military coup attempt, a twitter account means “Photo & Politics” (@foto_siyaset) which was followed many of high-

11 / 68 ranking politicians of AKP (Justice and Development Party), tweeted following mentions: “1- “Reis” (the “Chief”, “leader” or “fuhrer”) (referring to the President of Republic, added) will realise the most important service of his life in these lands. Today arrest of six parallel soldiers is the first step of it. Great cleansing in the TSK (Turkish Armed Forces). 2- In the path of real “National Army”; all supporters of Gezi demonstrations (occurred in June 2013 in Istanbul), leftist, parallel (referred to the sympathisers of Gulen Movement), and agents of other communities (refers religious ones) will be got rid of. To the end. 3- In the TSK every community (refers religious ones) has an agent, they are organised. This contamination will be eradicated and a new army, a hope to Islamic World, will be formed. Supreme Commander is REIS (CHIEF) 4- An armed force will be established which will be suited to the Reis, the leader of Islamic World, and to this geography. Tremble the all the agent rats in the Turkish Military! The great operation is close at hand. 5- This summer is the time for cleaning of sacrifice. All the agent extensions will be sacrificed to this land; it will be purified. Supreme Commander REIS; be known as it is! 6- Parallel contamination was cleaned. This turn for the TSK. All the drunkard, enemy of headscarf, enemy of pray (routine daily practice of Muslims), cuckold will be eliminated if they are in TSK. 7- Now, the greatest impediment to the fight with terror are the crypto formation in the TSK, enemies of the nation. The members of these formations will be decontaminated. 8- Especially, the Kemalist traitors who are the enemy of national stance and enemy of the religion will be eliminated from the TSK along with the parallel dogs. Reis will demonstrate that he is the supreme commander. 9- All the military coups stemmed from laicity, this will end. The armed forces will act only with national reflexes. The true identity of the Supreme Commandership will be seen at REIS. 10- It will not be an army (referred to all armed forces) exploiting the religion pretending to be the Army of Prophet, it will be real Army of Prophet and its army. The real Anatolian Army of the Caliph (refers to Mr. Erdoğan) will be founded. …”.32 It is understood from the list of photographs appears beside this twitter account that it was followed by many high ranking AKP members, including İbrahim Kalın, the Spokesman of the President of Republic, and Yiğit Bulut, a consultant of the President of Republic. It is widely spoken that this account belonged to an important person whom is well known by the members of the governing party, taking into consideration that it was followed by many high-ranking members of AKP. It is alleged that this account was belonging to Erol Olçok who was the publicity agent of the AKP, a close friend of Mr. Erdoğan since 1993, and who was killed by a sniper in the first hours of the military coup attempt on Bosphorus Bridge.

32 https://www.birgun.net/haber-detay/darbe-olacak-mesajlari-arastirildi-mi-bu-bilgilere-haiz-degilim- 134213.html; https://twitter.com/15temmuzgercegi/status/1017370633271795712?lang=en. 12 / 68

28. In the day of the military coup attempt, but approximately five hours before the attempt following sentence: “We invite all our brothers/sisters and all honourable people to the streets to take the winds out of putschists’ sails” was shared on a twitter account known as close to the AKP (@medeniyetvakfı, 4.58 PM - 15 Jul 2016). 29. The President and the then Prime Minister declared that they were not informed about the coup attempt in advance, the Undersecretary of National Intelligence Unit (MİT) did not report the incident to them beforehand, they could not meet the Undersecretary of MIT and Chief of General Staff at the night of the coup attempt, they became aware of the coup attempt through their brother-in-law, friends or bodyguards. Nevertheless, the President, the then Prime Minister and some members of the ruling party expressed their opinions clearly in a very short time after the coup attempt and without any person being involved in the attempt having been 13 / 68 caught that this attempt was made by the soldiers belonging to the “parallel structure.” Even though the coup attempt started at 10:00 p.m.,33 Adnan Boynukara, AKP Member of Parliament (MP), shared the tweet (@AdnanBoynukara) of “Damn with Fetullahist Putsch…” from his Twitter account at 9:54 p.m.34 At 11.02 p.m., the then Prime Minister said that “a structure inside the army made a coup attempt” on NTV live broadcast.35 The President said that “Today’s development is unfortunately an attempt of a minority in our armed forces indeed. It is an attempt that is encouraged by the Parallel Structure belonging to the known structure and an act used by it as a superior mind,” connecting to CNN Türk live broadcast via Face Time about at 00.24 p.m. The Minister of National Defense made a statement about at 00.15 a.m. on 16 July 2016, not later than three hours after the attempt started, that “Soldiers, do not obey them, they took orders from Pennsylvania!”.36 The President, with regard to those who involved in the coup attempt, said at 04.20 am on 16 July 2016 in Atatürk Airport that “A minority in Turkish Armed Forces, it was the parallel state structure itself that is a group not accepting our country’s unity.”37 On the same date, the President said that “We will never leave this country to the parallel state structure as well. The purges started. We went in their burrows, we continue to go in”. 30. The news titled “Macht, Wahn, Erdoğan” of German Focus Magazine on 24 July 2016 (p. 26) provided the following information: “Half an hour after the coup shooting started, the British intelligence service GCHQ intercepted the phone calls, e- mails and written correspondence of the Turkish government saying that let the purges start the next day and that Gülen should be presented as the mastermind of the coup.”38 When it is taken into consideration above examples and what happened after 15 July, they explicitly demonstrate the factual basis of this information (about 4:00 a.m. in the same night, the arrest decision of the Ankara prosecution office about 3000 judges and prosecutors, including the member of Constitutional Court, Court of Cassation and Council of State, etc.). Those who give instructions to start purge a few minutes after the coup attempt know that the coup attempt will fail at the beginning. This also indicates that those who ordered the purge are perhaps the ones who planned the failed coup attempt. The purges mean dismissing and arresting tens of thousands of public officials, including more than four thousand judges and prosecutors, taking into account what has been done after 15 July 2016. The EU commissioner responsible from enlargement Johannes Hahn stated on 18 July 2016 that, “It looks at least as if something has been prepared. The lists are available, which indicates it was prepared and to be used at a certain stage.”39

33 https://www.ntv.com.tr/turkiye/saat-saat-15-temmuzda- yasananlar,KQ4ykznyIU6vgW1ecMB6_w 34 https://t.co/csaEcRiarQ - https://twitter.com/AdnanBoynukara/status/754041549432954880/photo/1 35 http://m.haber7.com/haberDetay.php?id=2046546# 36 http://t24.com.tr/haber/milli-savunma-bakani-askerler-emre-itaat-etmesinler-bunlar-emri- pensilvanyadan-aldilar,350171. Fethullah Gülen has been living in Pennsylvania since 1999. 37 https://twitter.com/anadoluajansi/status/754303332152410112 (@anadoluajansi-16.7.16-03.18 AM). 38 See http://www.focus.de/politik/ausland/titelthema-macht-wahn-erdogan_id_5753730.html. 39 See http://www.reuters.com/article/us-turkey-security-eu-hahn/turkey-government-seemed-to-have- list-of-arrests-prepared-eus-hahn-idUSKCN0ZY0EA 14 / 68

31. According to an official military document40 prepared at 23:17 on 15 July 2016, Sadık Üstün, a MİT (National Intelligence Organization) official called the 8th Army Corps Commander in Elazığ and told him that “the coup attempt is a coup of FETÖ and the leader of the coup is the general Akın Öztürk”.

32. Former commander of the Turkish Air Forces retired General Akın Öztürk presented his defense at his trial before the Ankara 17th Assize Court on 2 March 2019. He said that “a plot was staged against me on the night of the failed coup on July 15, 2016 to portray me as the leader of the abortive putsch. While I was still at the military residential complex, Sadık Üstün, a MİT official who is a confidant of Abidin Ünal (the then-Turkish Air Forces commander) called the 8th Army Corps commander (in Elazığ) to tell him ‘I was the leader of the coup’ and thus launched the campaign against me. Abidin Ünal called me 20 minutes later and told me to go to Akıncı Airbase (in Ankara).” General Öztürk said that he first heard the word “coup” on that night from the then-Chief of General Staff Gen. Hulusi Akar at Akıncı Airbase. “Now I am thinking about this again and say General Akar was still the head of the chain of command. He was not under detention…” said General Öztürk41 33. On the same night, Serdar Coşkun, a public prosecutor in Ankara, drew up minutes dated “16 July 2016 – 01.00 AM”. In the minutes, prosecutor Coşkun referred to several bombings and other attacks that had not taken place at the time and attributed the attempted coup to the “Gulenist cadres within the armed forces”.42 This minutes was the bases for the first arrests and investigations initiated at the early hours of 16 July 2016 and repeatedly referred to by criminal peace judgeships’ decisions. The minutes are present in many court files and existence of it has been confirmed by the prosecutor himself.43 Even though this minutes, drawn up on 16 July 2016 at 01.00

40 This official document appeared in the Turkish medias for the first time in February 2019. 41 https://www.turkishminute.com/2019/03/02/prime-suspect-says-plot-was-staged-to-portray-him-as- coup-leader/ ;https://odatv.com/yazar/muyesser-yildiz/darbenin-1-numarasini-kim-saat-kacta-tespit- etti-27021902.html 42 Acting Chairman of the Council of Judges and Prosecutors (HSK) Mehmet Yılmaz, in a statement on 6 April 2018, remarked that he held a meeting with other members of the HSK and “at 01:00 in the morning of 16 July 2016, we have dismissed 2,740 members of the judiciary.” (https://www.aksam.com.tr/murat-kelkitlioglu/yazarlar/yargida-ince-temizlik-basladi-c2/haber- 723641). This statement coincide with the time Prosecutor Coşkun drew up the minutes. However, these dismissals were made official after another meeting started at 09:00 AM on 16 July 2016. 43 Prosecutor Serdar Coşkun, who has later been appointed to the Court of Cassation, stated, after the minutes started circulating in the media, that he started drafting the document at 01:00 AM but printed and circulated it at 07:00 AM on 16 July 2016. However, the date and hour of the document is located at the end of the document. It is not convincing for an experienced prosecutor to fill in date and hour of the document first at the end and only then start drafting the document. Moreover, there are numerous 15 / 68

AM, state that the parliament was bombed and there were some casualties, the parliament was bombed at 02.35 AM with no casualties. The same minutes state that the Presidential Palace was besieged, however, the Palace has never been besieged but its surroundings were bombed at around 06.35 AM, at a time it became clear that the attempt was a failure. The same minutes suggest that the National Intelligence Agency (MIT) compound had been surrounded and there were clashes between MIT personnel and armed forces. However, the MIT compound has never been surrounded. The minutes also state that there were new appointments made to the General Staff and service commands, which have never taken place.44 34. Prosecutor Serdar Coşkun drew up another document on 16 July 2016 and circulated it with the Directorate-General for Security (Police) and every Chief public prosecutor’s Office around the country. In this document, which is lacking an investigation number, the following instructions are given to public prosecutors: “…names of judges and prosecutors belonging to the FETO terror organisation throughout Turkey are enclosed herewith. Immediate arrests of the listed 2745 judges and prosecutors … and ensuring their pre-trial detention as per Article 309 § 2 of the Penal Code (coup d’Etat, added).” These instructions were forwarded to all offices of public prosecutors electronically. Based on these instructions, beginning from 16 July 2016, 04:00 AM, in many provinces including Ankara, Istanbul and Van, police officers entered residences of judges and prosecutors and arrested hundreds of them. This order shows that Prosecutor Coşkun could have sent these instructions the latest at 03:30 AM. Considering that these second minutes was drafted at 03:30 AM at the latest, the initial minutes should have been drafted even before, since the first minutes define the act (offence) and its perpetrators, and the second minutes, based upon this, orders arrests of judges and prosecutors allegedly member of Gülen movement. In any event, it is simply impossible that Prosecutor Coşkun signed the first minutes at 0700 AM on 16 June 2016. It can be deduced from these official documents that everything was planned and prepared by the “real coup plotters” before the beginning of the coup attempt, including the events and detention of thousands of judges and public prosecutors.45 35. Even though it was shown as a justification for dismissing, arresting and detaining tens of thousands of public officials that the coup attempt was realized by Gülen Movement, there has been very significant substantive evidence contrary to the accusation that this claim does not reflect the reality. 36. In spite of the statements made through 35 days after the coup attempt claiming that the parallel structure was behind the coup attempt, the then Minister of Culture Nabi Avcı said on CNN Türk live broadcasting on 21 August 2016 that they

investigation decisions taken after 01:00 AM based on this document. According to procedure, minutes are drafted first, dated and signed later. 44 See for detailed information “Document to shock July 15th coup attempt: the prosecutor writes report before events happened” (https://www.patreon.com/posts/document-to-july- 24544197?utm_medium=social&utm_source=twitter&utm_campaign=postshare). 45 See for detailed explanation in English about these documents, https://www.patreon.com/posts/document-to-july- 24544197?utm_medium=social&utm_source=twitter&utm_campaign=postshare 16 / 68 will not reveal the actor behind the coup attempt with the following wording: “We know who is behind the coup attempt, the state mind does not allow to explain it.”46 37. It has been understood from the first court statements of the defendants alleged to have taken part actively in the coup attempt that all the orders given as part of the coup attempt were issued by the high-ranking generals who were not related to the parallel structure. For example, the (former) Staff Colonel Cemil Turhan said in his statement that martial law instructions and messages were issued by the order of the then Second Chief of General Staff and Full General Yaşar Güler47 on the night of 15 July 2016. According to the statement of the (former) Staff Colonel Fırat Alakuş, the order of capturing and taking the Chief of General Staff to Akıncı Air Base was given by the then commander of Special Forces Major General Zekai Aksakallı.48 The (Former) Brigadier-General Gökhan Şahin Sönmezateş, who is under arrest pending trial (in 2018), said that he received the order to go to Marmaris, where the President was located, for the operation, after the operation team was kept waiting for four hours, from a high ranking general who is still in charge (in 2017) in the military.49 In short, it reveals that, in the night of the coup attempt, most important operational instructions related to the coup attempt were given by the high ranking generals who have kept their positions after the coup attempt of 15 July 2016; these generals have not been even alleged to have any relations with the parallel structure. 38. General Sönmezateş, who describes himself as a Kemalist from the very first time of his capture and was assigned to 'take President Erdoğan by going from Izmir to Marmaris by helicopter on the night of the coup’, stated in the hearing at the Ankara Assize Court on 25 May 2017 that "From July 11 until July 15, I have been involved in a task that I was convinced that it is in the chain of command (The Army will make a coup as a whole). Someone kept us waiting 4 hours (in the night of July 15) in Izmir. That someone is not a civilian, it's a soldier. There is a film called 'Braveheart'. It is about the liberation of Scotland. There is a man named William Wallace in the film. He talks to the king and decides to fight the British. When they go to war with the British, several groups leave Wallace alone in battle. Despite this, he continues the war. In one part of the war, the mask of an English man, with whom he fights, falls and he sees that the person under the mask is his king. He sees that the king for whom he fought against the British is fighting against him. If you ask my situation, I am in the same situation.” The Chief Justice Oğuz Dik asked “Who is your king?”50 However, General Sönmezateş has not yet answered this question until 1 May 2019. 39. The brother of General Staff (former) Head of Personnel (former) Lieutenant General İlhan Talu, who is a member of Nationalist Movement Party (MHP), expressed through the former MHP Member of Parliament Özcan Yeniçeri that General Talu, who is under arrest pending trial (in 2018) for the coup attempt, is a

46 See, https://twitter.com/Sessymsay/status/767455629350952961, @gritliturk, 21/8/16 – 22.17. 47 General Yaşar Güler was appointed to the general command of gendarmerie after 15 July 2016 and to the command of land forces in August 2017. He became the Chief of General Staff in August 2018. 48 After 15 July 2016, General Zeki Aksakallı was promoted to the next higher rank (lieutenant general). 49 See, http://odatv.com/bizi-4-saat-kim-bekletti-onun-cevabini-ariyorum-2102171200.html 50 https://tr.sputniknews.com/turkiye/201705261028620069-sonmezates-rus-jeti-feto-hava-general/ 17 / 68 nationalist51, not Gülenist. It was stated that the Second Army Former Commander Full General Adem Huduti and the High Military Council (YAŞ) Member and Former Commander Full General Akın Öztürk, who are among the 168 generals arrested for involving in the coup attempt and/or dismissed from the Armed Forces, are Kemalist.52 The (Former) Brigadier-General Erhan Çaha, who is under arrest pending trial (in 2018), said that “this grave and nefarious coup attempt took place within the knowledge, plan and control of the Chief of General Staff, Commanders of Forces and Undersecretary of National Intelligence Unit (MIT).”53 Taking into account all these facts, it is evident that the allegation of the 15 July 2016 coup attempt being organized and orchestrated by the parallel structure and based on this allegation, the allegation of Gülen Movement being a terrorist organization do not coincide with the material facts. 40. After the coup attempt of 15 July 2026, 168 generals (one, two, three, four stars) in total were taken into custody, arrested and/or dismissed from the armed forces. This figure is equivalent to almost half the number of generals in the Turkish Military. The ranks of the generals are as follows: 44 are full general (four stars), lieutenant general (three stars) and major general (two stars); the rest are brigadier-general (one star). 41. On 11 October 2016, RedHack (@TheRedHack97) published an e-mail containing information that was understood to have originated from the state’s intelligence and security units. The following information in an e-mail sent from an address of a person ([email protected]), managing a media group that is under the control of the ruling party, to a Minister’s (his brother, President Erdoğan’s son-in-law) e-mail ([email protected]) on 20 March 2016 (17:57 p.m.) is provided: “Inquiry Concerning Parallel Structure on Turkish Military: According to Turkish Armed Forces’ internal work, it is thought that there are not any commander related to the Parallel in ranks of full general (four stars) and lieutenant general (three stars). It is thought that there may be one or two names in the rank of major general (two stars). They are said not to be in effective positions and to be kept monitored.”54 After the coup attempt of 15 July 2016, 2 full generals, 10 lieutenant generals, 28 major generals and 4 rear admirals (total: 44 generals) were taken into custody, arrested and/or dismissed from the Armed Forces. As known, an army is commanded by highest ranking generals; not by colonels, lieutenant colonels, majors or lieutenants. In light of this information, the claim that the coup attempt of 15 July 2016 was organized and orchestrated by the officers belonging to the parallel structure does not reflect the material facts. 42. In his statement he gave on 26 September 2018, Lieutenant Colonel Nihat Altuntop, who later intervened in the case as claimant, and, during the night of the

51 http://www.shaber3.com/hain-alcak-p-c-kurusu-haberi/1278144/ 52 General Staff Former Head of Intelligence Lieutenant General İsmail Hakkı Pekin (retired) declared on 21 July 2016 that Full General Adem Huduti and Full General Akın Öztürk do not have any links with Gülen Movement. 53 http://odatv.com/darbe-tesebbusu-genelkurmay-baskani-ve-mit-mustesarinin-bilgisi-ve-kontrolu- dahilinde-oldu-2405171200.html 54 See https://wikileaks.org/berats-box ; https://wikileaks.org/berats-box/emailid/21188 18 / 68 coup attempt on 15 July, was serving as operational commander at the control tower of Akıncı Air Base which was used as centre for the coup attempt, said the following: “On the night of the coup, there were F-16 jet planes whose lights were all off and they were landing and taking off without making any contact with the control tower.” Sergeant Emre Özcan, who was also working at the control tower on that night and later testified at the Akıncı Air Base case, reiterated the same event. The prosecution, however, did not conduct any investigation at all about the F-16 jet planes that had landed and taken off with their lights off, without contacting with the control tower. Staff Sergeant Yunus Özen, who was working at the Avionics Workshop 142 at the Akıncı Air Base, stated that, “In the morning of that day, after he entered the main security gate of the Air Base, he was waiting for a vehicle to take him to the maintenance quarter. He got on a Ford Fiesta car driven by a pilot. The car was carrying a number plate belong to Aydın province (09) and the emblem of the 142nd Fleet inside. He learnt from the talks of those in the car that the other passengers were retired pilots.” The prosecution did not carry out any investigation at all neither about the identities of the retired military pilots who entered the air base without any authority, nor about the things they had done at Akıncı Air Base during the night of the coup attempt. 43. On the night of 15 July, there were 77 (seventy-seven) F-16 jet planes at Akıncı Air Base, the centre of the coup attempt. The team of experts from TUSAŞ/TUBITAK-SAGE (Turkish Aviation Industry, Defence Industries Research and Development Institute) that was given the duty of examining the flights and bombings executed at that night examined only 66 of the 77 planes and kept the 11 planes completely out of the examination. The prosecution did not investigate at all the relationship of the retired military pilots who entered the base with no authority, with the jet planes that had taken off from the air base with their lights off. 44. On 15 July 2016, non-commissioned officer Abdullah Erdoğan, who was the close security guard of Chief of Staff Hulusi Akar during the attempted coup, gave the following statement at a hearing dated 9 May 2018 in which he was under arrest pending trial (in 2018): “Chief of Staff Hulusi Akar was not forcefully taken to Akıncı Base. The Commander, came out of his office together with Major General Mehmet Dişli (who is being detained with the accusation of involvement in the attempted coup). At Akıncı Base, I served from time to time catering supplies such as coffee, dried nuts and water upon the order of the Commander. … (other) Generals were giving oral reports and saluting him each time they entered his room. General Mehmet Dişli, too, was communicating with the headquarters from time to time upon the Commander Hulusi Akar’s order and then giving oral report to the Commander. Full General Hulusi Akar, incidentally got his phone connected to his residence and talked to his wife. Under such conditions, the allegation of someone being taken hostage was meant to waste one’s time. All the events that happened at the headquarters and Akıncı Base at that night took place within the orders of Full General Hulusi Akar. Also, one day

19 / 68 before, the Commander Hulusi Akar talked to the National Intelligence Agency Chief Hakan Fidan until late hours into the night.”55 45. The Former Turkish Air Forces Commander Akın Öztürk, who is accused of being number one of the attempted coup, made the following statements on 7 August 2017 at the hearing in which he was under arrest pending trial (in 2018): “Hulusi Akar was not taken hostage at the night of the attempted coup; I did not see any disrespectful manner (by other generals and officers) at all against Akar when I was with him at Akıncı Base. (Other officers) said “aye aye” to all the orders he gave; he was treated the same way and as previously done as they would behave to a Commander. He was talking on the phone whenever he wished.”56 See the video confirming the testimonies of the Former Turkish Air Forces Commander Akın Öztürk and the close security guard Abdullah Erdoğan: https://www.youtube.com/watch?v=o5G0iHdkgcA. Hulusi Akar acted as Chief of General Staff for a further two-year period after 15 July 2016 and was appointed as the Minister of National Defence in July 2018. 46. On page 259 of the Akıncı Air Base Indictment, it is stated that at 23:18 on 15 July 2016, one GBU-10 bomb was dropped on the Aviation Department of the Police Headquarters by the F-16 jet plane with the tail number 94-0110 and 7 people lost their lives and 5 people were injured as a result of this bombing. According to the report prepared by the team of experts from TUSAŞ/TUBITAK-SAGE, however, the F-16 jet plane with the tail number 94-0110 has never flown on 15 and 16 July 2016; and in the report, it is shown that this jet plane took off at 22:19 on 14 July 2016 for its final flight of the week. 47. General Mehmet Dişli, who was charged with initiating the coup attempt by taking hostage the Chief of General Staff Hulusi Akar by putting a gun to his head in his office made the following statement on 26 December 2018 through his lawyer: “The one who put a gun to his head is ignoble. I never put a gun on anyone. As a result of these disgusting perceptions and calipers started from the first day, I am here (imprisoned), and they try to maintain this ignoble perception. Unfortunately, those who know the truth have chosen to remain silent. They have kept their silence. They will fall on one day into the well they dug. The facts will come out very soon.”57 48. On 18 December 2018, Deputy Chairman of CHP Parliamentary Group, Özgür Özel gave a speech at the General Assembly of the Turkish Parliament, criticizing Hulusi Akar, who was the Chief of General Staff on 15 July 2016 and is the Minister of National Defense (December 2018), regarding July 15 coup attempt. CHP Deputy Özgür Özel criticized Akar in many respects and made the following statement in particular: "Hulusi Akar heard about the July 15 coup attempt at 16:00. As the former Chiefs of General Staff stated, 'If no troops were to leave the barracks', the coup attempt would have been prevented'. While only 1.5% of the whole Army was

55 https://www.youtube.com/watch?v=NBRGJu2dpe4 - http://grihat.com/akar-rehin-alinmadi-onun- emrinin-disinda-bir-sey-yapilmadi/ 56 https://www.youtube.com/watch?v=oUSN65KIpf4 57 https://odatv.com/balyoz-magdurlarindan-empati-bekliyorum-26121833.html 20 / 68 involved in the coup attempt, Hulusi Akar did not prevent the coup attempt that he could obstruct by a single order: ‘Not to leave the barracks’.”58 49. Five F-4 2020 pilots intervening with F-16 jets in Akıncı Air Base (Ankara) which was the center of the coup attempt and by doing so playing a prominent role in suppressing the attempt in the morning of 16 July 2016 at 4.30 a.m., were arrested on the ground of membership of FETÖ/PDY as well. The Former Chief of General Staff İlker Başbuğ said that “Bombing of runway headings demoralized the coup plotters and they took the decision to release Full General Hulusi Akar and then to surrender.” in his assessment of this intervention.59 The same five pilots also ensured that the soldiers involved in the coup attempt cannot leave the base and are taken into custody by preventing helicopters’ take offs from the air base. In other words, the five pilots undertaking one of the most critical duties in suppressing the coup attempt have been accused of membership of the Gülen Movement which was alleged to make the coup attempt and arrested. If the Movement organized the coup attempt and the five F-16 pilots were the members of the Movement, do they suppress the coup attempt allegedly being put into practice by the Movement which they were member of? Do they prevent their friends to escape from the center of the coup attempt in order to ensure that they are taken into custody? 50. The Lieutenant General seizing the control of Akıncı Air Base by suppressing the coup attempt,60 the Lieutenant Colonel who did not allow to land the plane at Malatya Military Airport in which General Semih Terzi allegedly involved in the coup attempt and was killed in the night of the coup attempt,61 Bingöl Brigade Commander Lieutenant Colonel resisting the coup attempt by rejecting orders and instructions given by the putschists, the sergeant who was working in Gülhane Military Medicine Academy (GATA) who informed the President about the attempt 34 days before its happening,62 the F-16 pilots escorting the plane which carried the President to İstanbul at the night of the coup attempt were also arrested for allegations of membership of FETÖ/PDY. The pilot bringing the President to İstanbul safely during the hours the putschists were looking for him was dismissed from his job with the same accusation.63 The Former Land Forces Pilot Colonel Uğur Kapan who safely flies the Chief of General Staff Hulusi Akar from Akıncı Air Base to the Çankaya President’s Mansion on 16 July 2016 was arrested for the allegations of attempting coup and membership of FETÖ/PDY.64 It follows from all these facts that the soldiers who are accused of being members of the structure which was alleged to make the coup attempt also played vital roles in suppressing the coup attempt.

58 https://www.youtube.com/watch?v=MlAYYSESo84 59 http://aktifhaber.com/15-temmuz/darbeyi-durduranlar-da-cemaatci-cikti-h100515.html 60 http://www.hurriyet.com.tr/yazarlar/sedat-ergin/akinciyi-darbecilerden-geri-alan-komutana-bakin- ne-oldu-40621645 61 http://www.yenimalatya.com.tr/asayis/gorev-havada-verilecekti-h14181.html 62 http://www.shaber3.com/erdogan-darbe-girisimini-tam-34-gun-once-ogrenmis-haberi/1288065/ 63 https://www.aydinlik.com.tr/turkiye/2017-temmuz/erdogan-i-tasiyan-pilot-thy-den-atildi 64 Uğur Kapan, in hearing held in Ankara 17th Assize Court on 31 July 2017, made the following statement: “Hulusi Akar said to me ‘We acted early, we should have waited, we are disgraced.’ on 16 July 2016” (See, https://odatv.com/erken-davrandik-rezil-olduk-3107171200.html) 21 / 68

51. The most crucial event allegedly connecting Gülen Movement to the coup attempt was the apprehension of Adil Öksüz around the center of the coup attempt Akıncı Air Base in the morning of 16 July 2016, who was alleged to contact with, and direct, the sympathizers of Gülen Movement in the Turkish Air Forces. This person, who was an academician in a university, flew to the USA five days before the coup attempt and returned to Turkey on 12 July 2016. Between these days, it was alleged that he met with Fethullah Gülen living in Pennsylvania and conveyed the instructions that he received from him to the soldiers.65 Adil Öksüz has been shown as the number one civil actor of the coup attempt. Even if it was assumed for a moment that all the things said were true, as mentioned above, there is the possibility of one or two Gülenist among the 44 high ranking generals dismissed from the Army. It is not probable for the 42 generals, who are not Gülenist to obey Fethullah Gülen. 52. However, what is more important than the mentioned ones are the findings that Adil Öksüz was allegedly working for the National Intelligence Organization (NIO) and put into practice the NIO’s instructions. Adil Öksüz, who was alleged to come together with Fethullah Gülen in the USA four days before the coup attempt, met with the Minister of Defense Fikri Işık one day before the coup attempt in Sakarya province and this meeting was recorded by cameras. Adil Öksüz was apprehended and taken into custody around the center of the coup attempt Akıncı Air Base one day after the coup attempt. He was visited three times by a Prime Ministry Advisor while he was in custody. In his police interrogation in Akıncı Air Base on 16 July 2016, “it was confirmed from the General Directorate of Security that he was the Gülen Movement’s civil person responsible for soldiers, he often travels to the United States, his last visit was two days ago”. In his testimony as a witness to the events of Akıncı Air Base that was the center of the coup attempt, policeman Turgay Berke said that: “When I arrived in police station, I entered the building. I saw Sergeant Major İsmail Uçar with two plain-clothes police officers and a specialist sergeant with a device bigger than a usb flash driver in their hands. The device was like a pocket radio. I asked İsmail Uçar what it was. I was told that they installed a GPS device to the toilet. I moved away from them. I walked to Erkan Külah and Abdulsamet Gürler’s room. I asked them who the person installing GPS device was and his rank. They responded that he was a civil. Saying so made me curious, then I walked next to the police station. In there, plain-clothe police with yellow and short sleeved t-shirt and blue jean was questioning Adil Öksüz. Adil Öksüz was naked at the moment… I said to the police “brother, who is he? The police answered that “he is the imam (responsible person for) of soldiers, he is leading the operation, he often travels to the United States, the last time he returned from the USA was two days ago, I confirmed from the General Directorate of Security.”66 Although all this information was known by the investigation authorities on 16 July 2016, the most crucial civil actor who was alleged to lead the coup attempt was visited three times by a Prime Minister Counselor. While 98 of 99 persons who were in Akıncı Base were arrested, Adil Öksüz who was taken

65 Apparently due to this allegation that Minister of National Defense not later than three hours from the time the coup attempt started said that “Soldiers, do not obey them, they took the order from Pennsylvania!” (See, http://t24.com.tr/haber/milli-savunma-bakani-askerler-emre-itaat-etmesinler- bunlar-emri-pensilvanyadan-aldilar,350171, @t24comtr – 16.7.16 – 00.18). 66 https://www.haberler.com/adil-oksuz-un-serbest-birakilmasina-iliskin-dava-10100110-haberi/ 22 / 68 into custody on 16 July was released by judge at 6.38 a.m. on 18 July 2016. The Main Opposition Party CHP made a statement that the GPS device used by Adil Öksüz was imported by the National Intelligence Organization (NIO).67 Adil Öksüz has disappeared after his release and he then travelled with an AKP MP’s car68 and hid in a house of an AKP’s Mayor for days.69 53. The National Intelligence Organisation’s Former Anti-Terror Head of Department Mehmet Eymür claimed that Adil Öksüz is an agent engaged by the NIO.70 A document titled NIU Engagement Form demonstrating Adil Öksüz was engaged by the NIO in 2014 was shared by a Twitter account named @denizbayrak83 on 19 November 2016.71 Three days before the coup attempt on 12 July 2016, a very important indictment against the senior managers of Gülen Movement was accepted in Ankara. Adil Öksüz’s name and identity number was clearly submitted as the “person responsible for the Turkish Air Forces” in the indictment. The person called Kemalettin Özdemir said that he reported Adil Öksüz as the person responsible of Gülen Movement for the Turkish Air Forces to the intelligence, police and prosecutor’s office in the years of 2009, 2012 and 2013.72 Despite all these, Adil Öksüz was never interrogated until 15 July 2016 in spite of his arrivals to and departure from Turkey many times through airports, was not apprehended and has not been subject of a prosecution. It follows from the above that Adil Öksüz, the alleged number one civil actor of the coup attempt was granted judicial immunity by the State authorities and in fact worked for the State not for Gülen Movement and acted in a way accorded with the directions of the state organs. This person, whose meeting with the Minister of National Defense was recorded by cameras on 14 July 2016, has not been apprehended yet by the date that this report is written; it is deduced that he has been under the protection of AKP and the state authorities. 54. Nevertheless, it is understood from the statements of some subordinate soldiers who are the sympathizers of Gülen Movement that they were involved in the coup attempt. These statements were alleged to have been taken under torture: it was reflected in the media that those taken into custody after the coup attempt were intensely subjected to torture and mistreatment and if they did not accept the fabricated statements, they were threated that their wives and daughters would be brought and raped in front of them. Torture and threat allegations do not seem to be baseless, taking

67 https://www.gazeteduvar.com.tr/gundem/2017/04/04/adil-oksuzden-cikan-gps-cihazi-mitin-mi/ 68 https://www.habererk.com/gundem/adil-oksuz-akp-li-vekilin-arabasi-ile-mi-kacti-h28578.html 69 http://t24.com.tr/haber/aydinlik-mobese-kayitlari-var-adil-oksuzu-akp-milletvekili-fuat-koktas- kacirdi,395732 70 http://aktifhaber.com/15-temmuz/eski-mitci-eymur-15-temmuz-mit-calismasi-h98111.html 71 See. http://www.haberbox.com/adil-oksuz-mit-ajani-mi-8034.html As it has not been verified by official authorities so far, it is not clear whether the NIO Engagement Form is true or not. According to the document of “ENGAGEMENT FORM” with the engagement date of 10 September 2014, Adil Öksüz was named as “Crocodile” and was granted the guarantee of “protection and immunity from prosecution” for his service that he has done or will do. 72 Kemalettin Özdemir mentioned clearly on a televised interview that he reported Adil Öksüz as the person responsible of Gülen Movement for the Turkish Air Forces to state authorities in the years of 2009, 2012 and 2013. He also made the following statement in the main trial filed against Gülen Movement in Ankara 4th Criminal Court as a witness: “I reported Adil Öksüz as imam of the Turkish Air Forces to NIO and Newspaper Sabah in the years 2012 and 2013.” (http://odatv.com/adil-oksuzu- hem-mite-hem-sabah-gazetesine-5-yil-once-soyledim-1301171200.html) 23 / 68 into account that the time limit in custody was increased up to 30 days and even meeting with a lawyer at the first five days of custody was prohibited by governmental decrees, illegal interrogations were made at the first days of custody without lawyer, those taken into custody kept in unknown sport centres other than police detention centres and that it was observed even in Anadolu Agency’s73 images showing some generals and officials having been tortured.74 55. In his speech he gave on 16 October 2016 at the 64th Ordinary General Meeting of the Ankara Bar Association, Lawyer and the President of Çağdaş Avukatlar Derneği (Contemporary Lawyers Association) Selçuk Kozağaçlı expressed the events he had witnessed as below: “Are you aware? Judges, prosecutors, soldiers, police officers and ordinary citizens who belong to Hizmet (Movement), members of (so called) Parallel State Structure are subjected to systematical torture… They rape and abuse these colleagues of yours in prisons. They rip nails of these colleagues of yours in police buildings. Be assured. Trust me… I saw people who had went through colorectal operation because of the objects forced into their rectum. 40,000 people throughout the country have been detained and 80,000 have been put into custody. Systematic tortures have been committed… 18 people committed suicide, among whom are prosecutors, police officers, governors… What had been done to these people that made them took their lives?”75 Soon after these statements, Lawyer Selçuk Kozağaçlı has been placed in pre-trial detention by showing a distinct accusation as reason. 56. A Rear Admiral who, although was in the USA on 15 July 2016 as a call of duty, returned to Turkey on the next day, has also subjected to similar treatments and harshly interviewed under police custody. According to the statements given by a made-retired general who attended a social media broadcast made by journalist Ahmet Ali Nesin, “during the interrogation under the custody, a pre-written statement was put in front of the Rear Admiral who returned from the USA (H. T. Ç.) and ‘Sign this text,’ he was ordered. ‘I won’t sign this text!’ the Rear Admiral said. Then, ‘You will sign it!’ they pressured. When he again said, ‘I won’t sign it,’ they took the lawyer who was present during the interrogation, out of the room. In the absence of the lawyer, they torture the rear admiral. Despite this, the admiral insisted not to sign the text. Finally, they threatened him saying: ‘If you are not going to sign it, we will bring your wife here and in front of your eyes, we will make her our concubine. You will sign this.’ Upon this last horrifying threat, they take the lawyer back into the room and he is forced to sign the fabricated submission under those circumstances.” The lawyer later called the rear admiral’s wife and told what had happened and she recorded this conversation. According to the judgments of the ECtHR, rape is one of the gravest torturing methods (Zontul v. Greece). Meanwhile, interviewing a person by threatening them or their loved ones by subjecting them to torture (rape) is also considered as torture (Gafgen v. Germany [GC]). In the same broadcast, Ahmet Ali

73 Anadolu Ajansi (Anatolian Agency) is a state news agency which is under total control of the President Erdogan. 74 See, https://www.youtube.com/watch?v=63OoFDEEQH0; https://www.youtube.com/watch?v=gh1u6U_3H8I; https://www.youtube.com/watch?v=m3Ta3O6k- m0 75http://www.cumhuriyet.com.tr/video/video/616840/CHD_Genel_Baskani_Kozagacli__Cezaevinde_ tecavuz_ediliyor.html; https://www.youtube.com/watch?v=D5mT3iO6MSk 24 / 68

Nesin has summarised the words of a general’s wife as follows: “They apply such tortures that they know that person will not be able to stand for that. They leave suicide materials exposed so that the torture victim can commit suicide.”76 57. In his interview with Ahmet Ali Nesin, the mentioned General who has been dismissed from the Turkish Military after the 15 July coup attempt, described the following: “… Then afterwards, Former commander of the Turkish Air Forces retired General Akın Öztürk comes to this sports hall, in the evening. They bring Akın Öztürk into the middle of all of the hundreds of people held there, completely naked. I don’t know the age of Akın Öztürk. They beat him there most severely. They beat him for hours, and apart from that, they insult him continuously. They subjected him to torture in such an extent that the police officers who are present there were not able to bear any longer and “Don’t do that Elif!” they shout. What do you understand from this? Obviously one of the officers who were torturing him was female police whose name is Elif.”77 The same General described the torture Lieutenant Colonel Levent Türkkan, who was the military assistant of Chief of Staff Hulusi Akar, was subjected, as follows: “… Levent Türkkan is a person whose intestines bulged out by incessant stabbing with spits. His photos were released. He was bandaged so nobody could see the signs. Can you imagine, he is the Aide-de-Camp of the Chief of General Staff. He had been stabbed many times. They fear he would die and they put him on drips and things. His statements have been used in all the indictments. But later it was revealed that his intestines were protruding out because of the stabbings and they wrapped him with bandages so that this cannot be seen. This is very clear. All these scenes of torture have been broadcast with the logo of Anatolian News Agency.”78 Indeed, the Anatolian News Agency broadcast on 19 July 2016 a 7-minute video depicting that many of the generals who were arrested after the attempted coup, had been subjected to torture and violence.79 And a photo showing that the middle of Lieutenant Colonel Levent Türkkan’s torso was covered with bandage and was carrying signs of assault and battery on his head and face was published on the cover page of Hürriyet Newspaper dated 21 July 2016.80 58. Lieutenant Colonel Levent Türkkan made the following final statement on 28 May 2019 before 17th Assize Court in Ankara: “If you regard my statement taken under torture as genuine, attach that world-known photo of mine to that statement as well. If you regard Hulusi Akar’s false and fabricated statement as genuine, attach a note saying ‘Retired General Hulusi Akar failed to show up in court to face his aide- de-camp.’ to his statement.”.81

76 https://www.youtube.com/watch?v=X3J44eXQ1J0; https://www.youtube.com/watch?v=UP6DugX5HEc (m. 35:00 - 45:00). 77 On 4 August 2017, at the first hearing of the case filed in relation to the events took place at Akıncı Air Base in the night of 15 July 2016, Former Air Force Commander Full General Akın Öztürk said that, “I feel embarrassed to explain the tortures they subjected me during the police custody.” 78 https://www.youtube.com/watch?v=UP6DugX5HEc (m. 50:00 – 54:00). 79 See, https://www.youtube.com/watch?v=63OoFDEEQH0; https://www.youtube.com/watch?v=gh1u6U_3H8I; https://www.youtube.com/watch?v=m3Ta3O6k- m0 80 Hürriyet Daily, 21 July 2016, p. 1. 81 https://twitter.com/hvkk2013/status/1133302191605911553 25 / 68

(Levent Türkkan, Hürriyet, 21 July 2016) 59. Considering the above-mentioned facts as a whole and taking into consideration the press release of Cabinet Spokesman Numan Kurtulmuş on 30 May 2016, it is considered that the coup attempt of 15 July 2016 “can be best described as an act” of unconventional warfare which was planned to destroy the Gülen Movement and in this connection some agent provocateurs were used as instigators who were disguised as members of Gülen Movement. In this regard, it would be useful to repeat the statement of Government Spokesman Numan Kurtulmuş on 30 May 2016: “It was stated in previous National Security Council (NSC) meetings that the total fight against Parallel State Structure (PSS) as a state was targeted. With the NSC’s recommendation decision (with the date of 26 May 2016), it has been entered a new phase of fight against the Parallel State Structure (PSS). The Parallel State Structure was designated as a terrorist organization for the first time in NSC meeting as a recommendation decision and the main framework of the fight afterwards was converted into the way to fight against a terrorist organization. Consequently, all the things required will be implemented both by the government and by the respective judicial bodies, the implementation will continue without disruption.” In short, the coup attempt of 15 July 2016 is considered as the implementation of NSC decisions taken in the years of 200482 and 2016 in order to destroy Gülen Movement.83 All of these demonstrate that Gülen Movement was the social group which was the target of the coup attempt, not its actor. This Movement is the social group on which decision was taken to undertake a total fight against and destroyed by using all state capabilities

82 In the news titled “The decision to annihilate Gülen was taken by NSC in 2004” published in Newspaper by journalist Mehmet Baransu on 28 November 2013, it was reported that NSC made a decision to destroy the Gülen Movement, and in this framework, the decision of “an action plan for severe sanctions will be made” was taken by the NSC in the meeting of 25 August 2004. The document regarding the NSC decision was confirmed to be authentic. Another document in the form of action plan was published by Newspaper Taraf on 12 June 2009. It was stated in this document of April 2009 which was said to have been prepared by the Armed Forces that an action plan was prepared for the General Staff Operations Division and according to this action plan, in summary, weapons and ammunitions would be placed in Gülenists’ houses and these weapons would be apprehended and that on the ground of such evidence Gülen Movement would be declared an armed terrorist organization. 83 The President qualified the coup attempt as “a gift from God” in his statement at İstanbul Airport on 16 July 2016 at about 3.20 am (https://www.youtube.com/watch?v=a_BiFgBGNSY). Regarding the dismissals of tens of thousands of persons with governmental decrees after declaring the state of emergency, he said that “We knew who were the FETÖ members; laws prevented us” (http://www.biyiksizlar.co/devlet-darbeden-haberdar-miydi-makale,138.html). From this statement, it is understood that the coup attempt was needed in order to overcome obstacles in laws. 26 / 68 in the NSC meeting. As it was not the planner and the implementer (real actor) of the coup attempt, it is legally impossible to be declared as a terrorist organization because of the coup attempt. 60. In the news titled “Gulen did not order Turkey coup, EU spies say” posted by Andrew Rettman on euobserver news website (www.euobserver.com) on 17 January 2017 (Brussels, 17. JAN, 15:12), it was stated in a document written by European Union Intelligence Sharing Unit (Intcen) that the coup order was not given by Fethullah Gülen. According to the 6 page-report prepared by European Union Intelligence Sharing Unit with the name of “Turkey – The Impact of the Gulenist Movement” on 24 August 2016, “Exiled cleric Fetullah Gulen did not order the coup in Turkey. … It is likely that a group of officers comprising Gulenists, Kemalists, opponents of the AKP, and opportunists was behind the coup. It is unlikely that Gulen himself played a role”. According to the news, “The EU intelligence report said individual Gulenist military officers, who did not rank above lieutenant or captain, might have felt “under pressure” to join to coup attempt in July because they knew that Erdogan had anyway planned to go after them in August (2016). … The document written by the EU’s intelligence-Sharing Unit, Intcen, also says a post-coup purge of supposed Gulen supporters led by President Recep Tayyip Erdoğan was designed to deepen his grip on power. … “The huge wave of arrests in the days following the coup attempt was just a catalyst for the crackdown prepared in advance”, the intelligence report said”.84 61. Kjetil Stormak put forward the following claims in his news he based on NATO sources and posted on the website of AldriMer.no (www.aldrimerno.com) on 25 January 2017: “A majority view within NATO is that it is highly likely that the president of Turkey, …, staged the failed coup against himself as a pretext for starting a purge against his critics and opponents.”85 62. German Foreign Intelligence Service (BND) President Bruno Kahl expressed in an interview with Der Spiegel Magazine in March 2017 that "Turkey's government tried to convince them on that the Gülen Movement was behind the 15 July coup attempt, but they could not succeed up to now."86 German Interior Intelligence (BfV) President Hans-Georg Maassen also expressed in his statement on March 27, 2017 that: "I do not think anyone else outside of Turkey believes the Gülen movement was behind the 15 July coup attempt. Under no circumstances, I do not know anyone outside of Turkey who were convinced on this issue by the Turkish government."87 63. Speaking on a German public broadcaster ZDF program on 2 April 2017, German intelligence expert Erich Schmidt-Eenboom said: “According to CIA analyses, the so-called coup attempt was staged by Erdoğan to prevent a real coup. The BND, CIA and other Western intelligence services do not see the slightest evidence showing Gulen instigating the coup attempt. … CIA and other intelligence services

84 See https://euobserver.com/foreign/136568 85 See https://www.aldrimer.no/nato-insiders-suspect-staged-turkey-coup/ 86 https://www.sozcu.com.tr/2017/dunya/son-dakika-alman-istihbarat-sefinden-kriz-cikaracak- aciklama-1742547/ 87 https://www.bbc.com/turkce/haberler-turkiye-39417246 27 / 68 have the capability to infiltrate into the most secret communication systems and according to the information they gathered, 15 July was a staged coup”.88 64. Journalist Yılmaz Özdil stated during a program he attended on Halk TV on 25 February 2018 that "Germany has been listening to those who govern us. The statement (the 15 July coup attempt is not the work of the Gülenists, added) of the President of the German Intelligence silenced the AKP government. After that day, they were unable to make a sound to Germany."89 Just before the statements of German Intelligences Services’ Presidents, some members of Turkish government criticized the German government to follow Nazi politics. 65. The German Free Democratic Party (the FDP) filed a question in December 2018 to the Federal Government on the activities of the Turkish National Intelligence Organization (“MIT” in Turkish acronym) in Germany. One of the questions in the question is "What information does the Federal Government have about what role the MIT plays in the 2016 coup attempt?" The Federal Government's answer to this question was "We cannot answer this question explicitly because of Germany's interests and national security.”90 In another word, the German Federal Government implied that it knows the role of the MIT in the 15 July 2016 coup attempt, but cannot disclose this issue due to national interests. 66. It was stated by official authorities that the Turkish Government submitted evidences in 87 packages to the USA authorities for the extradition of Fethullah Gülen who was alleged to give instruction for the coup attempt. After around 16 months have passed, the then Prime Minister Binali Yıldırım answered Fareed Zakaria’s questions related to the sufficiency of the evidence submitted to the US authorities, on CNN International News Channel on 11 November 2017. Fareed Zakaria asked that “So my sources in Washington said that the evidence that Turkish Government has provided is not particularly strong, is not conclusive and that they argue: "if it was strong, they would have made it public." The evidence is very sparse." The Prime Minister replied to Fareed Zakaria’s question as follows: “We heard this kind of argument, but what I can tell you Mr. Fareed; you know 15 July we have a coup attempt, similar to 9/11 in the United States. When the President Bush announced that US was under attack; Turkey was the first country to offer to help and send the army to Afghanistan. We did not ask who was behind this.91 The United States said this is al-Qaeda behind this attack, al-Qaeda is responsible. Nobody asked the United States 'is there any evidence that al-Qaeda did so.'”92

88 See https://www.turkishminute.com/2017/04/03/german-intel-expert-says-erdogan-behind-failed- coup-based-cia-bnd-reports/; https://www.youtube.com/watch?v=d2Nlq7Ry18Y 89 https://www.youtube.com/watch?v=bVFhdTulu1g - 90 https://ahvalnews.com/tr/15-temmuz/almanyadan-mitin-15-temmuzdaki-rolu-sorusuna-cevap; https://www.dw.com/tr/merkel-h%C3%BCk%C3%BCmetine-mitin-faaliyetleri-soruldu/a-46614089 91 The Prime Minister Yıldırım read the respective part up here from a text in front of him, therefore it means that this expression was not spelt out spontaneously and the answer was thought and prepared in advance. This demonstrates that even the state authorities know that there is no sufficient concrete evidence for the allegation that Fethullah Gülen was the mastermind of the coup attempt. 92 See https://stockholmcf.org/turkish-pm-we-did-not-ask-us-for-evidence-of-sept-11/ - http://edition.cnn.com/videos/tv/2017/11/10/exp-gps-1112-turkey-yildirim-web-extra-middle-east.cnn 28 / 68

67. Binali Yıldırım, the last Prime Minister of Turkey, before leaving his post, visited Anadolu Agency, a state news agency, on 5 July 2018. During his visit, he was asked by journalists: “Many projects had been carried out at your time. Was there any one of them special for you? Is there any Project that was very challenging, that you wished you did not take part?” Yıldırım answered with the following sentences by laughing: “Which one I should name? The Project that I didn’t like is 15 July.” One journalist said: “Serves the purposes but we don’t like it.” Yıldırım: “Except that one, all thousands of projects we did great or small, there is no time to count, are all nice ones.”93 68. Lieutenant Colonel Hakan Karakuş, currently in detention and put on trial on charges of attempting a coup, was serving at the Akinci Base, the headquarters of the attempt and told on the hearing dated 7 September 2017 that “they received jets’ take off or land in orders from a head of department named K.G. from the National Intelligence Agency.”94 69. Levent Gültekin, a political Islamist journalist, evaluated the July 15, 2016 coup attempt in a tweet that he shared on July 28, 2017, one year after the coup attempt, with these sentences: "It seems that the whole event (the coup attempt) was speculated by Erdoğan, Fidan95 and Akar96. The rest, including Binali97, are unaware figurants."98 Levent Gültekin erased this tweet shortly after. 70. Despite more than 3 years passed, it has not yet been enlightened who were organized and orchestrated the 15 July coup attempt and who was the military leader of the attempt. At the hearing held on 13 February 2018, after stated that he was one of the people who have the right to immensely doubt the 15 July coup attempt, that there are very obvious doubts about this attempt and that another coup attempt made in such a foolish manner is the 31 March military uprising in 1909, Ahmet Altan, who was arrested after the coup attempt and was therefore tried for a life sentence with aggravated life imprisonment, listed the similarities between the 15 July 2016 coup attempt and the 31 March Incident. The 31 March Military Uprising held in 1909 against the Unionists in power resulted in the absolute control of the government by the Unionists. The Unionists, who came to power in order to bring freedom, created a complete fear and despotism regime after the 31 March Incident. 71. Prof. Dr. Nurşen Mazıcı stated in the program named “Enine Boyuna” on Haber Türk TV on February 15, 2018 that “she was an expert on coups as she analyzed many coups especially in Latin America for many years99, that the 15 July coup attempt

93 https://twitter.com/BarbarossaKaya/status/1014879902246559745. 94 https://tr.sputniknews.com/turkiye/201709081030048314-akin-ozturk-hakan-karakus-talimat-mit/ 95 At that time, he was the director of the National Intelligence Organisation (“NIO” or “MİT” in Turkish acronym). 96 The then Chief of General Staff 97 The then Prime Minister 98 @acikcenk, 28 July 17 - 09:05, https://twitter.com/ProfElvanAktas/status/891338460182827008, http://www.shaber3.com/levent-gultekin-olay-erdogan-fidan-ve-akar-arasinda-kurgulanmis-binali- dahil-herkes-figuran-haberi/1288539/ 99 Prof. Dr. Nurşen Mazıcı’s dissertation “Türkiye’de askeri darbeler ve sivil rejime etkileri” (Military coups in Turkey and their effects to the civil regime), https://acikerisim.tbmm.gov.tr/xmlui/.../201600602.pdf?...1...y) 29 / 68 is not a military coup and that its perpetrators should be searched near the those who benefited from this coup attempt.”100 72. AKP Parliamentarian Mehmet Metiner stated in a live broadcast on TGRT News on September 27, 2018 that Western intelligence agencies such as the CIA and the German BND did not believe in the Government’s arguments. He summarized their criticisms as follows: “Who is behind this coup? Who did organize this coup, for God's sake? Someone came from outer space? I'm afraid that I can also be accused of being a crypto FETO member. ‘We made this coup for ourselves already. Because we had to build a dictatorship. We had to suspend democracy. That's why we made this coup, so we had it organized.’”101 On 19 July 2018, Mehmet Metiner of the AKP also declared that they had known the coup attempt 15-20 days in advance.102 73. It is for these reasons that no country believes in the veracity of the Turkish government’s thesis about 15 July coup attempt. Even though the government has submitted to many countries all the documents and evidences supporting their thesis that the Gulenists were behind the coup attempt, no country has accepted the Gulen movement as a terrorist organisation as alleged by the government. On 8 December 2018, the Turkish Minister of Justice stated that “no state has accepted the FETÖ (Gulen Movement) as a terrorist organisation and consequently all extradition requests have been refused”.103 74. Former officers and generals on trial in “the General Case of General Staff” regarding the coup attempt of 15 July 2016, made the following final statements on 28 May 2019 before 17th Assize Court in Ankara: General Gökhan Şahin Sönmezateş, “In my land, my country, under my own flag, you treated me with laws fit for an enemy. I reject my right to a final statement.”104; General Hakan Evrim, “15 July Plot is crystal clear, the case has been legally collapsed. The judgement you will pronounce is a judgement for yourself.”105; Lieutenant Colonel Levent Türkkan: “If you regard my statement taken under torture as genuine, attach that World-reknown photo of mine to that statement as well. If you regard Hulusi Akar’s false and fabricated statement as genuine, attach a note saying ‘Retired General Hulusi Akar failed to show up in court to face his aide-de-camp.’ to his statement.”106; Colonel Ali Yazıcı: “I am the last ambushed chief aide.”107; Halit Kazancı: “General Zekai Aksakalli, General Hulusi Akar, Undersecretary for the National Intelligence Agency Hakan Fidan, brains behind 15 July plot, have never been called in to be heard by the tribunal. The Perincek group has spilled out century-long hatred for the Turkish Republic and Turkish Armed Forces onto us.”108 Orhan Yıkılkan: “We have established those who gave orders to defendants put on trial here or who prepared the groundwork. Yet, on

100 https://www.youtube.com/watch?v=VyZ1bw2_k9o 101 https://www.youtube.com/watch?v=dH3AuNpxdtE 102 https://www.youtube.com/watch?v=_QEEPZYuzLQ - http://www.sanalbasin.com/metinerden- darbeyi-15-20-gun-onceden-biliyordukitirafi-26911907/ 103 http://t24.com.tr/haber/adalet-bakani-gulden-danistay-savcisina-kasimanin-anlami-yok,767632 104 https://twitter.com/hvkk2013/status/1133301431694442496 105 https://twitter.com/hvkk2013/status/1133301662091829249 106 https://twitter.com/hvkk2013/status/1133302191605911553 107 https://twitter.com/hvkk2013/status/1133478339891597312 108 https://twitter.com/hvkk2013/status/1133301178438225920 30 / 68 the grounds that it is not the subject of the indictment, you just dismissed. Actual responsible people and commanding officers are sitting in their seats.”109 General Mehmet Dişli: “I have taken no actions other than orders and instructions of the Chirf of General Staff.”110 General Erhan Çaha, “It has become clear that 15 July was a plot against the Turkish Armed Forces. Perpetrators are free, after new plots. The day that, in Erdogan’s words, ‘those who have the means and the intellect’ to leave the country will come. Then, it is upon sons of the motherland to snatch them out of the holes they get in, the countries they escape to and put on trial before fair Turkish courts. Those who consciously join in on this plot shall never beg for forgiveness.”111 For other developments during the hearing, see. http://notkon.com/haber/hukuku- dansoz-gibi-oynatanlari-12822/. 75. What can be deducted from the statements of generals and officers on trial on charges of attempting a coup is that “Orders regarding the coup attempt are seem to be given by the then-Chief of General Staff Hulusi Akar and the then-Commander of the Special Forces Zekai Aksakalli.” General Hulusi Akar kept his position as Chief of General Staff for another year and afterwards appointed as Minister of National Defence. This fact constitutes an evidence that General Akar acted within the knowledge and under the instructions of the President, in 15 July 2016. The President, who does not tolerate even a modicum of criticism and refrain from getting critics arrested, would not keep a chief of general staff who orders a coup against him, let alone appoint him as Minister of National Defence. General Zekai Aksakalli was promoted from major general to lieutenant general shortly after 15 July 2016. 76. Former AKP deputy and journalist Şamil Tayyar made the following comment on 19 October 2017, on the coup attempt of 15 July 2016: “If 15 July is to be fully illuminated, you would see that those who we call ‘heroes’ today were participated in the coup. Maybe, you will see that those who we accuse of ‘treason’ are the exact opposite.”112 77. Ahmet Ali Nesin, a journalist who interviews many former senior officials and generals that seeking asylum in Europe, on a joint program he conducted with fellow journalist Ergun Babahan on www.spreaker.com on 22 February 2019 made the following statements: “I have curious reports at hand. One such report is produced by ‘the Counter-terrorism Branch of the Police’. The report is on the statements of a soldier named Hüseyin Gürler. In short, Gürler says that ‘All the reports he and Mr Eray prepared indicating a brewing coup attempt was presented to the President on 11 June 2016 (35 days prior to the coup attempt) in Topkapi Palace by Mr Eray. According to this document, Erdogan is informed of the coup attempt well before. Moreover, there are 13 tweets of Erol Olcok (see § 27). If you read these 13 tweets, everything that has been done within the army is exactly written in these tweets of 10 July 2016. Thirty minutes after he was killed on the Bosphorus Bridge on the night of 15 July, these tweets got deleted. In these 13 tweets, it is clearly written as to who within the army will be purged and arrested. It seems as if Erol Olcok was consciously

109 https://twitter.com/hvkk2013/status/1133478858919948288 110 https://twitter.com/hvkk2013/status/1133479922012495872 111 https://twitter.com/hvkk2013/status/1133480096868818946 112 https://www.youtube.com/watch?v=16plm3JsOns 31 / 68

sent to the Bosphorus Bridge and murdered. There is only one person he can obtain this information from, Recep Tayyip Erdogan. Because he had prepared Erdogan from the time, he was the mayor of Istanbul in 1993. … The coup attempt is not only against Erdogan. Neither not Ergenekon was solitarily against Erdogan. For the last 20-25 years, there is a dichotomy in the army as Eurasianists (pro-Russia) and pro-NATO. This dichotomy can be clearly seen. In fact, Ergenekon and Sledgehammer were both by Eurasianists against pro-NATO officers. In these two cases, officers who remained free (not detained) were those who were pro-NATO. After 15 July 2016, those who are detained are pro-NATO and those who remain free are pro-Russia officers. In short, these coup attempts not only aim to overthrow Erdogan. Within the armed forces, there is a serious conflict between pro-NATO and pro-Russia officers. … The coup attempt of 15 July is all pre-planned [to fail] with an aim to purge all they disliked. If they prevented the coup attempt at the time they know of it, ‘they would not be able to go against Gulenist cadres, not only in the armed forces but in all state institutions.’; because perpetrators of the coup attempt are not Gulenists. … The civilians apprehended during the coup attempt (such as Gulenist-looking Adil Oksuz) are NIT agents infiltrated into the movement. … The Adil Oksuz group attracted some officers into some Gulenist officers. … The movement has made no central decision to join in on the coup attempt …” (See, “15 Temmuz darbe girişiminin liderliği Cemaatte değil.”).113 5. Gülen Movement followers who did not commit any violent acts until 15 July 2016 may only be legally accused of the acts after 15 July 2016 for being member of terror organization

78. Even if it was assumed for a moment, as alleged, that the coup attempt was realized by the soldiers who are the sympathizers of Gülen Movement, the first violent act attributable to this organization was the coup attempt of 15 July 2016. Therefore, except for the individuals actively involved in the coup attempt, members of Gülen Movement may not be accused of and held responsible for lawful activities carried out as of this date within the scope of a NGO. The individuals who did not participate in the coup attempt may only be held responsible for their willful and deliberate activities after the first violent act on account of membership of a terrorist organization. Since the essential element of the crime of terrorist organization is it resorts to violence; it is not a crime to sympathize with an NGO, to be its member, to send children to the schools operated by it under the control of the National Education Ministry, to open an account in a legal bank, until it resorts to violence. After it has become known by public that a NGO has resorted violence, individuals may be held responsible for their deliberate actions after its first violent act in this context. This principle shall also applicable for Gülen Movement. 79. Even though Gülen Movement was declared as a terrorist organization on 30 May 2016 by the Council of Ministers, President Erdoğan said that the coup attempt was made by soldiers who are the members of parallel structure in his statement made at İstanbul Airport on 16 July 2016 at about 3.21 A.M. and he added that “the fact that this group is an armed terrorist organization HAS COME TO

113 https://www.youtube.com/watch?v=VY5oKXaDy7U 32 / 68

LIGHT”.114 Bülent Arınç, who was one of the founders of AKP and former chairman of Turkish Parliament and former Deputy Prime Minister, made the statement on 21 July 2016 that “I found out that the armed terrorist organization was Fetullahist in that night”.115 İbrahim Kalın, Deputy Secretary General and Spokesman of the Presidency stated on 26 August 2016 that Turkey “faced a new terrorist organization since the date of 15 July 2016”.116 Mehmet Yılmaz, Vice President of High Council of Judges and Prosecutors (renamed as Council of Judges and Prosecutors by virtue of 16 April 2017 Constitutional amendment) said that “You know that there is a debate on whether this organization (Gülen Movement) is an armed terrorist organization or not. In order this (organization) to be criminalized,117 it required that this (organization) was determined as an armed terrorist organization. … When that day (15 July 2016) at the night of the coup attempt, very clear and undeniable evidences came out which showed that this organization was a terrorist organization, Ankara Chief Prosecutor’s Office launched an investigation in accordance with Article 314 of the Turkish Penal Code which regulates the crime of membership of an organization. … Consequently, Ankara Chief Prosecutor’s Office issued arrest and custody orders for 2745 judges and prosecutors for membership of an armed terrorist organization.”118 80. From these statements, it is understood that President who is fully cognizant of all information of the state including confidential ones, Bülent Arınç who was a member of National Security Council and cabinet for a long time, İbrahim Kalın who is the Spokesman of the Presidency and Vice President of High Council of Judges and Prosecutors became convinced after 15 July 2016 that the Gülen Movement is a terrorist organization. It is impossible for individuals to know a situation on which the members of the executive branch became convinced on 15 July 2016 and to direct their attitude accordingly before that date. By force of the principles of the rule of law and legal certainty, individuals must be able to foresee the results of their acts and behaviors in advance. Even though it was declared as a terrorist organization in a NSC meeting and the President presiding at NSC meetings did not become convinced on this matter before 15 July 2016. Consequently, it is not possible for individuals who do not have all this information to be aware of all related facts and accord their acts

114https://www.ntv.com.tr/turkiye/cumhurbaskani-erdogan-bedelini-cok-agir- odeyecekler,LAhkH2jhckSDTMgtuqNowg 115 http://www.hurriyet.com.tr/bulent-arinc-silahli-teror-orgutunun-fethullahci-oldugunu-o-gece- ogrendim-bana-ahmak-diyebilirsiniz-40159063 116 http://www.trt.net.tr/francais/turquie/2016/08/19/article-d-ibrahim-kalin-bruxelles-a-un-probleme- 555000 117 From this statement, it is inferred that the coup attempt of 15 July 2016 was planned and implemented in order to criminalize the Gülen Movement as well. Speaking on a German public broadcaster ZDF program on 2 April 2017, German intelligence expert Erich Schmidt-Eenboom said: “According to CIA analyses, the so-called coup attempt was staged by Erdoğan to prevent a real coup. The BND, CIA and other Western intelligence services do not see the slightest evidence showing Gülen instigating the coup attempt.” When asked by the host of the program, Maybrit Illner, “Why Erdoğan is accusing Turkish- Islamic scholar Fethullah Gülen and his followers of masterminding the coup attempt?,” Schmidt- Eenboom said: “This is the easiest way to criminalize and eliminate them” (See https://www.turkishminute.com/2017/04/03/german-intel-expert-says-erdogan-behind-failed-coup- based-cia-bnd-reports/ - https://www.youtube.com/watch?v=d2Nlq7Ry18Y). 118 http://t24.com.tr/haber/aa-2745-hakim-ve-savci-hakkinda-gozalti-karari,350362 33 / 68 and actions on the basis of this situation. Taking into account the fact that the crime of membership of terrorist organization may only be committed with intent, the accountability of individuals for this crime may be possible at most only for the acts committed deliberately after 15 July 2016. A person may be hold responsible if he/she becomes a member of terrorist organization knowingly and willingly (Art 21 of Turkish Penal Code). 81. For this reason, the Council of Europe’s Commissioner for Human Rights Nils Muiznieks issued the following statement in the Memorandum on the human rights implications of the measures taken under the state of emergency in Turkey (CommDH(2016)35)119 on 7 October 2016 (§ 20-22): § 20- Nevertheless, the Commissioner must also take note of the fact that this organization’s readiness to use violence, a sine qua non component of the definition of terrorism, had not become apparent to Turkish society at large until the coup attempt. Furthermore, it has not yet been recognized as a terrorist organization in a final judgment of the Turkish Court of Cassation which, according to the Turkish authorities, is a crucial legal act in the Turkish legal system when it comes to the designation of an organization as terrorist. Despite deep suspicions about its motivations and modus operandi from various segments of the Turkish society, the Fethullah Gülen movement appears to have developed over decades and enjoyed, until fairly recently, considerable freedom to establish a pervasive and respectable presence in all sectors of Turkish society, including religious institutions, education, civil society and trade unions, media, finance and business. It is also beyond doubt that many organizations affiliated to this movement, which were closed after 15 July, were open and legally operating until that date. There seems to be general agreement that it would be rare for a Turkish citizen never to have had any contact or dealings with this movement in one way or another. § 21- The Commissioner stresses that these considerations do not address the nature or motivations of FETÖ/PDY itself, but point to the need, when criminalizing membership and support of this organization, to distinguish between persons who engaged in illegal activities and those who were sympathizers or supporters of, or members of legally established entities affiliated with the movement, without being aware of its readiness to engage in violence. This point has also been stressed by the Secretary General of the Council of Europe. Given the vagueness of the basis for some of the administrative measures provided for in the emergency decrees and the fact that some administrative sanctions could be seen as displaying a criminal character (examined below), many people are justifiably afraid of facing sanctions while not having committed any illegal acts themselves. § 22- The Commissioner therefore urges the authorities to dispel these fears by communicating very clearly that mere membership or contacts with a legally established and operating organization, even if it was affiliated with the Fethullah Gülen movement, is not sufficient to establish criminal liability and to ensure that charges for terrorism are not applied retroactively to actions which would have been legal before 15 July.120

119 https://rm.coe.int/16806db6f1 120 https://www.coe.int/et/web/commissioner/-/the-commissioner-publishes-a-memorandum-on-the- human-rights-implications-of-the-emergency-measures-in-turkey 34 / 68

82. It was on the same grounds that Bülent Arınç, founding member of the AKP, former Speaker of the Parliament, who also served as Deputy Prime Minister and the Spokesperson of the Government, stated on a TV program called "Açık ve Net" (Open and Clear) aired on 23 November 2017 at Habertürk TV: “I am sure about that. Among the 80 million people, (before 15 July) everybody, may be except for 80 people, might have sympathized Fethullah Gulen as a religious leader for the education activities in Turkey and abroad. However, none of the 80 million, except for 80 people, imagined a disaster like 15 July 2016. If people are accused of being a member of FETÖ for praising the Gülen Movement before 15 July, then the President should be put into same category.121 From top-to-down in the state bureaucracy, including the President and the leaders of the political parties, there are people who had positive remarks about them.”122 83. Former Deputy Prime Minister Bülent Arınç, who served as a lawyer in criminal cases for a long time, made the following statement on a live TV program at Habertürk TV on 8 June 2018 (at 22.30-22.33 Turkey time): "...What we call today as FETÖ was seen as a religious movement in the past. We were seeing their education and religious activities. It was a voluntary civil society organization. My speeches (in support of them) were when they were "Hizmet (Service) Movement" and "Cemaat" (religious sect, Community). After the 17-25 December 2013 events, we believed that it was an illegal structure. ... We saw on 15 July that it turned into an armed organization. .... There was a coup attempt, people were killed. The President and the Chief of General Staff pointed out clearly who was behind this. Since then our use of the term FETÖ (terrorist organization) is just, and our struggle against it is just as well... The legal situation of those who participated directly or indirectly to the coup attempt is important. Nevertheless, in line with the principle of the presumption of innocence, we should presume the innocence of those who sent their kids to their schools, deposited into an account at Bank Asya or made transfer through this bank. After 15 July, we were against them and their activities. We decided that they are no longer "Hizmet Movement” or "Cemaat" but an "organization".”123 84. Bülent Arınç, too, as the Human Rights Commissioner of the Council of Europe, declared that he did not see the Gülen Movement as a terrorist organization before 15 July 2016, accusations on this ground can only be made for the period after 15 July and the voluntary and deliberate acts after this date can be taken into consideration. As seen, according to Mr. Muiznieks and Arınç, Gülen Movement cannot be considered as a terrorist organization since it did not resort to violence. "Violent acts to create an atmosphere of fear among people are indispensable components of terrorism" and the first violent act attributed to this movement is the 15 July 2016 coup attempt. Therefore, the criminal responsibility for the membership or leadership of a terrorist organization starts as of 15 July 2016 coup attempt and none can be held responsible on terrorism charges for the legal activities prior to that date. Because, prior to that date there was a structure which none saw as a terrorist

121 See, https://www.cnnturk.com/turkiye/bulent-arinctan-feto-aciklamasi 122 See, https://www.haberturk.com/bulent-arinc-beni-yok-etmek-istediler-1726500 123 https://www.haberturk.com/tv/gundem/haber/2007820-bulent-arinc-abdullah-gul-gelenegimizi- cignemeye-tesebbus-etti. 35 / 68 organization and even the highest-level officials who could access every state secret did not have knowledge. Since the accusations are about membership of a terrorist organization, people can only be held responsible for the acts after 15 July 2016 committed with "intention and willingness" (Art 21 of the Turkish Penal Code). As stated, leadership and membership of a terrorist organization are the crimes that can only be committed on purpose, therefore, for such crimes an organization of that sort must exist. 85. As understood from the evaluations of the Commissioner for Human Rights and Mr. Arınç, the objective date that must be taken into account in terms of the crime of membership of terrorist organization is 15 July 2016. Even if it was assumed for a moment that the decisions of NSC and the Council of Ministers were legally valid; the earliest date that can be taken into account for this crime should be 30th May 2016. Nevertheless, after the coup attempt more than 200.000 people were taken into custody and more than 78.000 people were arrested by purporting clearly lawful activities as criminal evidences before these dates (For example; making a donation to an association in 2011, downloading mobile messaging application ByLock,124 being accommodated in a student house opened by Gülenists).125 In some of the trials, some defendants were found guilty of membership of terrorist organization with nine years heavy imprisonment on ground of such past lawful activities and some of the guilty verdicts were approved and have become finalized. 86. As evidence of the crime of membership of terrorist organization, the following activities were imputed to individuals: “to have an account in Bank Asya which was a legal bank established by businessmen who were sympathizers of Gülen Movement, to put money in this account, to remit money to an another bank through this bank (1), to send children to the legal schools and universities opened by the followers or sympathizers of Gülen Movement, to graduate from these schools or universities or to be accommodated in houses and hostels linked with the Movement during university education (2), to have subscriptions to newspapers and magazines like Zaman and Sızıntı (3), to keep the books at home published by publishers operated by the followers of the Gülen Movement, to keep books and magazines of the publishers (for example, those published in 2006) which were closed with the Cabinet Decrees issued after the date of 23 July 2016, to keep Fethullah Gülen’s books at home (4), to participate in chats organized by the Movement (5), to be a member of an association or trade union (in past) closed with cabinet decrees (6), to be partner of a closed company (7), to work in institutions in past closed with cabinet decrees (8), to make donations to the aid organizations (to associations and foundations -Notably Kimse

124 ByLock, similar to more common communication apps like Whatsapp, Viber, Tango and others likewise, is a cryptic and peer to peer based mobile messaging application that enables to share e-mails, files and documents between individuals, with the option of voice service. It was publicly available and downloadable in Apple Store and Play Store. It is defined by the decision of the 16th Criminal Chamber of Court of Cassation on 24 April 2017 as follows “…it is a system allowing communication on internet with cryptic system … with this app, voice call, e-mail communication, SMS and file transfer may be realized.” 125 Although the criminal inquiry about more than 200.000 people has been carried out, only approximately 8.500 soldiers involved in the coup attempt of 15 July 2016. Majority of those taken into custody and arrested weren’t related to the coup attempt. 36 / 68

Yok mu?-) established by the followers of the Movement (9), to share something in favor of the Gülen Movement and against the Government in social media accounts (10), to ask the voters to vote for oppositions parties CHP and HDP (by using propaganda) in past elections (11), to take part in the International Language and Culture Festival held in every June and involved with more than 2000 students from the schools operated by the sympathizers of the Gülen Movement in other countries (12), to travel abroad, to travel to the USA (13), to cancel the subscriptions of Digitürk and Turkcell (14), to participate in demonstrations and press releases (completely peaceful) in front of court houses, to participate in peaceful demonstrations on 4 March 2016 after Zaman Daily having been taken over (15), to keep ‘one American dollar’ (16), to present a petition to the schools closed with cabinet decrees in order to take back money paid for next year (17), to be dismissed from civil service (18), to send children to the schools in the USA (19), to go to the USA with the sponsorship of Turkish Scientific and Technical Research Institution (TÜBİTAK)- This is a state institution- and with a governmental assignment (20), to have siblings being prosecuted for the same crime (21), to go to the USA and to be awarded a master’s degree in there with the sponsorship of High Education Board (YÖK)-a state institution- (22), to organize fairs of which revenues obtained will be given to the poor and students (23), to provide grants for students in need (24) and/or to download to smart phones and/or use communication applications like Kakao Talk, Eagle and Cover Me, - notably Bylock- ”. 87. These activities all of which belong to a period before the date of 30th May 2016 on which the Gülen Movement was declared as terrorist organization and all were legal when done have been imputed to more than 200.000 individuals who were taken into custody and against whom investigations have been launched with the accusation of membership of armed terrorist organization. More than 78.000 persons were arrested on the ground some of the legal activities mentioned above. Among those arrested, there are more than 17,000 women with about 700 of their infants or babies being kept in prison. No fire-arm or knife as a criminal material was found in houses or work places of individuals who did not have any link with the coup attempt and but they were taken into custody upon searches of their houses and work places. It was not determined that any of the individuals whose telephone conversations or e-mails were examined gave instructions for any violent action. 88. The allegation of downloading and using cryptic communication applications like “Kakao Talk, Eagle and Cover Me” notably “Bylock” in cell phones has been made against the majority of individuals who had no connection with the crime and were taken into custody and arrested. Without ascertaining whether or not there are any instructions for committing violent acts in message contents, only downloading the applications was found adequate for the allegation of membership of armed terrorist organization. 89. Lastly, all the coups and military interventions until 2016, namely 1960, 1971, 1980 and 1997, were undertaken by service members who openly identify themselves as “Kemalists”. Moreover, the coup on 12 September 1980 was realized by the armed forces as a whole, ‘within the chain of command’. As such, there are “Kemalist”, “nationalist” and others from different ideological backgrounds. If the fact 37 / 68 that some among the putschists sympathize with a certain group makes that group “terrorist”, “Kemalists” are, by deduction, a terrorist group. More so, since the coup on 12 September 1980 was undertaken by the armed forces as a whole, the Turkish military could very well be a terrorist organization. Considering some nationalist officers were also among putschists, Nationalist Movement Party (MHP) or other nationalists could be terrorists as well. In the implementation of the Penal Code, there shall be no discrimination (Art 3 § 2 of the Turkish Penal Code). 6. Why does the majority of the Turkish Society believe that the Gülenists have made the coup attempt?

90. There are many answers to this question, but only a few of them will be included in this article. The first of these is the fact that the media organizations that made critical publications against the AKP government since the second half of 2015 were closed and the freedom of the press was destroyed. In the last part of 2015 and in the first half of 2016 (just before the coup), the media outlets that were controlled by Gülenists or were close to the Gülenists, were shut down by the government as they made critical publications against the AKP. Thus, the Gülenists were constrained from responding the accusations and the black propaganda made by the media controlled by the AKP government by means of mass media, and the Turkish community had no choice other than following the media broadcasting the views of the Government. After the newspaper and television channels were closed, in the first half of 2016, several newspapers with a circulation of 50.000 to 100.000 that were established by Gülenist journalists were closed immediately after their first news about the coup attempt. With the State of Emergency (“OHAL” in Turkish acronym) Decree Law No. 668 dated 25 July 2016, all newspapers, television and magazines were completely closed and their assets were unrequitedly transferred to the state. The second reason is that 95% of the Turkish media is directly or indirectly under the absolute control of the political power and that all the television and newspapers constantly make publications indicating that Gülenists were carried out the coup attempt. The third reason is the immediate arrests of those who explain their suspicions about the coup attempt. Thus, the public were subjected to auto censorship about the news on the coup attempt. The fourth reason is that the independence of judiciary was eradicated in Turkey. In a country where there is no judicial independence, it is not possible a judicial decision to be made contrary to the Government's theses. The fifth reason is that some neo-nationalist and socialist groups and some secular groups, that explain that “they had been fighting against the Gülen Movement for 40 years”, hold Gülenists responsible for the coup attempt in order to wipe out the Gülenists. The sixth reason is that the statements signed under torture (most of them are pre-prepared statements) were used as a black propaganda tool. a) Closing or seizing of the media outlets controlled by the Gülenists or made critical broadcasts and publications 91. After coming to power, the AKP government firstly seized "Star Group's newspapers and TV channels" owned by the businessman named Cem Uzan126, who

126 Star Group was among the first five largest media groups in Turkey on the date of confiscation. (http://arsiv.sabah.com.tr/2004/02/15/eko101.html). 38 / 68 is now living in France, on February 14, 2004 and handed over these media to businessmen close to the AKP government. Secondly, on April 1, 2007, the AKP government seized Sabah/ATV Group's newspapers and TV channels owned by the businessman named Dinç Bilgin127 and handed over all newspapers and televisions within this group to businessmen close to the government. Both media groups were confiscated for the bankruptcy of their banks and for collecting the debts of these banks. In addition, the AKP government established new newspapers and televisions, and tried to intervene and control other newspapers and televisions making critical broadcasts and publications about its policies and implementations. 92. After the 17-25 December 2013 corruption operations, within the framework of the fight against the Gülen movement (see, §§ 6, 20, above), the media group owned by the businessman Hamdi Akın İpek, who are alleged to be close to this movement, and the newspapers and TV channels directly controlled by this movement were confiscated. 93. As clearly stated by the then Prime Minister Erdoğan, Criminal Peace Judgeships were established to struggle against the Parallel Structure with the Law dated 18 June 2014,128 and many decisions have been taken by these specially chosen magistrates. On 26 October 2015, a criminal peace judge in Ankara assigned a trustee to 18 companies belonging to Businessman Hamdi Akın İpek who has lived in London since August 2015129 and his relatives. Consequently, two TV channels, two newspapers and a radio station of the Ipek Media Group130 which made free and critical broadcast and publications, were seized and eventually closed on 1 March 2016 by trustees. 94. Interferences with free broadcast of 13 television channels connected to the Gülen Movement’s Samanyolu Broadcasting Group started following the 17-25 December 2013 corruption investigations. As the result of pressure from the ruling party, these television channels were removed from all digital broadcasting platforms in Turkey on 28 September 2015. Although there was a valid contract between the State-controlled institution TURKSAT A.Ş. and the Samanyolu Broadcasting Group until 2021, the broadcasts of 13 TV channels over TURKSAT 4A satellite were arbitrarily terminated on 14 November 2015, without any judicial decision. 95. On 4 March 2016, another criminal peace judgeship in Istanbul appointed a trustee to Feza Gazetecilik Corporation, which had published Zaman, Today's Zaman and Aksiyon Magazine. Zaman was the most sold newspaper in Turkey with a circulation of more than 1 200 000 in 2013 and more than 600 000 at the time of the

127 Sabah/ATV Group, was the second largest media group in Turkey on the date of confiscation. (http://www.hurriyet.com.tr/ekonomi/tmsf-atv-ve-sabaha-el-koydu-6248828). 128 http://haber.star.com.tr/politika/basbakan-erdogan-paralel-yapiyla-mucadele-etmeyen-bedelini- agir-oder/haber-915819 129 See, “UK court rejects Turkish extradition request for media boss, Judge refuses case against Hamdi Akin İpek on grounds it was ‘politically motivated” https://www.theguardian.com/law/2018/nov/28/uk- court-rejects-turkish-extradition-request-for-media-boss 130 Kanaltürk TV, Bugün TV, Kanal Türk Radio, Daily Bugün and Daily Millet were broadcasted or published within the scope of Ipek Media Group. 39 / 68 appointment of a trustee. With these arbitrary decisions, the media organizations that had been close to the Gülen Movement and broadcasted freely were silenced. 96. After the mentioned television and newspapers were closed, some of the journalists working in these newspapers started to publish some new newspapers. Until the 15 July 2016 coup attempt, the average circulation of these newspapers was between 50.000 and 100.000. However, all of these newspapers were closed immediately after 15 July 2016 due to some of their critical publications, and with the Decree Law No. 668 dated 25 July 2016, they were completely closed and all their assets were confiscated. As of 26 July 2016, almost all of the journalists working in these newspapers were detained and arrested. Thus, their attempts to publish new newspapers have been prevented. 97. One of these newspapers is Meydan daily. It was closed on 20 July 2016 due to the news published on its first page, and it’s all copies of that day were decided to be confiscated. 98. On the first page of the 20 July 2016 issue of Meydan daily, the following news were included under the heading "You knew, you but did not prevent": NO TO COUPS - 6 HOURS OF DARKNESS. YOU KNEW IN ADVANCE, BUT YOU DID NOT PREVENT. The Presidency of General Staff announced that the MIT reported the July 15 coup attempt at 16.00 on the same day and that several consecutive crisis management meetings were held at the Headquarters. It was revealed that the coup had been known by the state authorities since the afternoon of the coup day but was not prevented. DASHED QUESTIONS: 1. Is it possible for the MIT, which informed the General Staff at 16.00, not to inform the President and the Prime Minister? 2. What command did the general commander Erdoğan give to prevent the coup? Why wasn't Erdoğan taken from the hotel in Marmaris to a safe place? 3. If the coup was known, how were the Chief of the General Staff and the commanders taken hostage despite the meetings at the Headquarters? 4. Why did the commanders attend a wedding despite of the coup notice? 5. Those who know the coup in advance will account for the citizens killed by the junta? 6. Painful but true! What is intended by the publication of the fact that MIT reported the coup after the announcement that "MIT did not give any information to the President Erdogan?" 99. On the first page of Meydan newspaper of the same date (20 July 2016), the following statements were made on the right and upper side of the picture of Fethullah Gülen: “THE COUP IS A SCENARIO; THE AIM IS TO TAKE THE MILITARY UNDER GUARDIANSHIP. I've always been against the coups in all my life. The President said that "We can now take the military under guardianship.” Considering all these events, it is obvious that they did all this organization (the coup attempt) by themselves. - They (the AKP government) organized the coup attempt... The ones who commit crimes apologize.... I don't apologize to the tyrant. - The biggest defenders of ISIS and El Nusra in the world, are those who are in power in Turkey.” 100. Because of the mentioned news, Bakırköy 6th Criminal peace judgeship decided to confiscate all the copies of Meydan newspaper delivered on 20 July 2016 and to stop the publication of this newspaper indefinitely (No: 2016/2759). The decision is based on the following reasons: “In the content of the news titled "You

40 / 68 knew, you but did not prevent" and published as the headline on the newspaper's 1st page, it was stated that even though the Chief of General Staff and the government officials had known the coup, they did not prevent it in order to use this event for their political purposes; In the news published in large font with the picture of Fethullah Gülen at the bottom of the first page of the newspaper, it was stated that the President said that ‘We can now take the military under guardianship.’ Considering all these events, it is obvious that they did all this organization by themselves; On the 6th page of the newspaper, it was stated under the heading ‘The coup is a scenario’ that the organization was made by the President and the governors and a large picture of Fethullah Gülen was printed together with the news; and considering all these issues stated above, it was understood that Meydan newspaper publishes news as if it is a propaganda tool of the FETÖ terrorist organization. Thus, pursuant to Article 25 § 2 of the Press Law No. 5187, it was decided to confiscate all its copies issued on 20 July 2016 and to stop the publication and distribution of Meydan daily as of 20 July 2016 in terms of the sensitive situation experienced by the society, the soundness of the investigation and the possibility of public unrest.” 101. Upon the above decision, the building belonging to the Meydan newspaper was invaded by the police on 20 July 2016, and the newspaper employees were taken out, and an inquiry and search were carried out within the building. The police entered the building by breaking the door of the newspaper and got their employees on the ground first, gathered journalists in a room and then evacuated the newspaper. The chief editor Levent Kenez and the managing editor Gülizar Baki were taken into custody and taken to the Police Department. 102. As of 26 July 2016, dozens of journalists, who have worked in media organizations close to the Gülen movement before, have been detained and arrested. Some of these journalists left Turkey before the coup attempt because of threats against them. Some journalists such as Bülent Keneş and Abdullah Bozkurt took refuge in some Western countries. 103. Thus, the Gülen Movement has been deprived of mass communication tools that would make them be able to respond to based and baseless assaults and criticism and to bring their views to society. The society has been subjected to the propaganda of media organs, which are constantly making Government propaganda and disseminating the Government's theses. As with every issue, the society has been deprived of accessing to any critical view of the coup attempt other than he views of the Government. b) More than 95% of Turkish media is under the control of the political power 104. The second reason for the community of believing that the coup attempt was done by Gülenists is that more than 95% of the Turkish media is under the control of political power. Most of media institutions are either directly managed by the government or through the editors appointed by the political power. The society does not even have access to any news in different views other than those took place in the media controlled by the AKP government. The media institutions constantly disseminate the views of the AKP government on the coup attempt. In addition, the

41 / 68 influential names of the political power instruct all politicians, academics, journalists, artists, opinion leaders, and so on, who are influential on the society, to explain that the coup attempt is done by the Gülenists. Upon this instruction, they have made statements through the media under the control of the political power that the Gülenists did the coup attempt. Bülent Arınç, the former Speaker of the Turkish Grand National Assembly and one of the four founders of the AKP, explained this issue on a live broadcast on Habertürk TV on 2 October 2018 as follows: "Regarding FETO, after July 15 (2016), everyone entered the insult line. They asked me to insult also. I haven't insulted anyone in my life."131 Almost everyone who explained that the coup attempt was carried out by the Gülenists and insulted the Gülenists in media institutions owned or controlled by the political power was rewarded either economically or by getting promotion. 105. Furkan Foundation President Alparslan Kuytul, whose conference was due for June 2017, was cancelled, and who are facing many hardships from the Government explained an incident which he witnessed as follows: “… Following the prevented and cancelled conference, while making a press explanation in Saraçhane, someone is whispering to a friend's ear something. He is saying to a friend who is in contact with me, in my close circle and to someone he is 100% sure to come and say to me; he too came and said to me anyway. He is saying that: "If your Kuytul Hoca says "those who do all these to us are the followers of FETÖ, his way will be wide open". I said that "am I dishonoured?" Am I dishonoured that I would say this (lie)... Are they doing this at this moment? I know who make (these obstructions). I know from whom these instructions are coming. The Minister has been contacted; I know who is doing this. How dare can I slander. They prepare traps in this way.”132 c) Arrest of those who make explanations contrary to the theses of the government and auto-censorship 106. Thirdly, politicians, journalists, writers or other persons who made explanations contrary to the theses of the political power and who explained the suspicious facts were arrested shortly after their explanations. These implementations have created also a chilling effect on other people, and people practice self-censorship to themselves. 107. On 4 October 2016, the General President of People's Democracy Party (HDP in Turkish acronym) Selahattin Demirtaş evaluated the coup attempt in his speech at the Parliament as follows: “I learnt about the coup attempt from my brother in law” He claims (President Erdoğan), it is a lie, entirely false. He knew of the coup attempt before you, and I, his brother in law and before MİT (Turkish Intelligence service). You are to know about this coup attempt in advance, to receive the intelligence well in advance then position yourself out of harm’s way, ensure you are safe and secure but allow 225 people to die? Just so that you can strengthen your grip on government, increase your authority, instead of stopping the coup attempt you wait for the attempt to commence? We are facing one the biggest conspiracies in the history of the Turkish

131 https://www.haberturk.com/son-dakika-bulent-arinc-sensiz-bu-siyaset-olmaz-diyorlar-2165305 132 https://www.youtube.com/watch?v=ll7XZBozDqg; https://tr.sputniknews.com/turkiye/201801301032024006-furkan-vakfi-alparslan-kuytul-gozalti/ 42 / 68

Republic. We are facing a coup within the coup. This fact that I have conveyed, everyone here (referring to the MP’s) speaks of it in the corridors out there but no one dare shows the courage to speak of it into this microphone, on this stage. If we do not speak, then who will? Are these facts, these truths to remain a secret, to remain as private chat? If you knew (President Erdoğan) why did you turn the other way and allow the killing of 225 people? Why did you allow the bombing of Parliament? Why did not you detain the people involved in the coup attempt before it commenced? It is because you found it to be in your interest. If we let this happen you thought, “I could govern this country under State of Emergency Laws, take credit for the resistance the people showed at the expense of their life, and from there hang onto power for many years to come”, this was the plan. Since we are the only political party that is exposing this truth, and ruining the plan, they have left all else and their only agenda is hassling us.”133 Since his parliamentary immunity was lifted on 20 May 2016 for committing offences on behalf of a terror organisation,134 Mr. Demirtaş was taken in police custody for statements he did in 2013 and then in pre-trial detention just one month after of the present speech, on 4 November 2016. 108. Ece Sevim Öztürk, a 29-year-old journalist, prepared a documentary titled "The Darkest Day of the Naval Forces: 15 July"135 that includes the information that at the Naval Forces Command, the commanders who instructed the warships to be mobilized on the night of the coup were appointed to the top ranks, but the officers who followed these instructions were charged and tried for taking part in the coup attempt. Then, she was detained only for this reason on 7 July 2018 at 02:30 and subsequently arrested.136 A criminal case was filed on the basis of the said documentary and the six tweets he shared on this subject, and on 11 December 2018, she was sentenced to three years one month and fifteen days imprisonment on charges of "deliberately and willingly assisting the organization and making propaganda for the organization", banned from going abroad and then released. In a country where everyone who is striving to find out the material truth is punished for "assisting an organization or making propaganda for an organization", it is impossible to reveal who organized the coup attempt. 109. Attorney Kemal Uçar, who was the attorney of some generals and military officers accused of taking part in the coup attempt, frequently brought up the unlawfulness in the proceedings after July 15 and the suspicious matters about the coup on the TV programs he attended.137 For example, he stated that 51 of 57 bullets found in İstanbul Square at the night of the coup did not get out from the soldiers' weapons and that some civilians opened fire to the public on the night of the coup.138

133 For detained HDP leader & MP Demirtas’ speaking straight to the point regarding the 15 July coup attempt, See https://twitter.com/yagizefe/status/877781201599299585. 134 See, ECtHR, Selahattin Demirtaş v. Turkey (no. 2), No. 14305/17, 20 November 2018, §§ 45-53. 135 See, https://twitter.com/ecesevimm/status/1000302962823098368?lang=en; https://www.youtube.com/watch?v=AHxLkziVt9E ; https://vimeo.com/273241740 136 https://twitter.com/ecesevimm/status/1004961153821368320 137 See, https://www.youtube.com/watch?v=v_l2zdWFS_4; https://www.youtube.com/watch?v=4-_- AfzQFik 138 250 people lost their lives because of the coup attempt. These included civil and military school students who died on the Bosphorus Bridge in Istanbul. In the analyzed records of the Bosphorus Bridge 43 / 68

Kemal Uçar was detained on 3 March 2008139 and arrested on 14 March 2018. Mr Uçar, who was released on 9 July 2018140, was prohibited from entering the cases of generals and military officers for whom he worked previously as a lawyer.141 110. On 15 October 2018, an investigation was initiated against the lawyer Tarık Fazıl Önel about “making propaganda of a terrorist organization”, as he had written in detail how the students and commanders of the Turkish Air Force Academy get involved such a conspiracy.142 111. The access to the web sites and social media accounts that broadcast freely on the Internet and explain the doubts about the coup attempt were also prohibited by the decisions of criminal peace judgeships. In this way, the Turkish society has been totally prevented from accessing news including different opinions. 112. The first twitter account of Adem Yavuz Arslan (@ademyavuz) who is a journalist reporting and commenting on the contradictions of the July 15 coup attempt from Washington DC, was closed access from Turkey. In his second twitter account (@ademyarslan) with the fixed first tweet, he shared the following sentences: "15 July is another version of sending three men to launch 5 missiles to this side.143 It is an Erdoğan-Akar-Fidan fiction from the beginning” (@Ademyarslan, 5/31/17, 1:09 AM). Many court decisions from Turkey were notified to him, and it was indicated that his second tweet account will also be closed if he do not delete the stated tweet144 (see. @ademyarslan, 2:35 AM – Oct 12, 2018). Then, journalist Arslan shared these tweets: “The palace (the president) has a particularly dreadful sensitivity to the 15 July coup attempt. They immediately put ban on whatever I wrote about the 15 July events; videos, columns, tweets... Finally, they also banned Patreon. Mr. Erdogan, Mr. Fidan, security cameras, it is seen that a civilian with a flag in his hand fires at civilians with a gun he has removed from his jacket at 02: 21: 11 on 16 July 2016. See, https://twitter.com/Berkbekir_/status/1051258392428331008 ; https://twitter.com/Umutlu30996907/status/1050861018837078016 ; https://twitter.com/askeriogrenci16/status/993446274652430336?lang=en ; https://twitter.com/askeriogrenci16/status/994476636539117569 ; https://twitter.com/esrapekdemir/status/1051807840548065280?lang=en ; http://alkislarlayasiyorum.com/icerik/312992/bogazici-koprusunde-askeri-linc-eden-zihniyet. 139 https://www.sabah.com.tr/yasam/2018/03/03/darbecilerin-avukati-gozaltina-alindi 140 Mr Uçar stated that he might be on target because he frequently brought the unlawfulness of lawsuits in the post-15 July proceedings and stated in a television program that "A more experienced prosecutor told me that "you're attending a lot of questions of military officers; you may be blacklisted; they can say “you used ByLock”, they put you in prison for 6 months to 1 year, don't be surprised." (http://www.tr724.com/avukat-kemal-ucar-tahliye-oldu/). 141 https://www.toplumsal.com.tr/gundem/avukat-kemal-ucar-a-feto-davalarinda-avukatlik-yapma- yasagi-h17162.html 142 https://twitter.com/av_tarik/status/1051545195152576512 143 The then Foreign Minister Ahmet Davutoglu, the MIT Undersecretary Hakan Fidan, Deputy Chief of General Staff Gen. Yaşar Güler and Feridun Sinirlioğlu, the Undersecretary of the Ministry of Foreign Affairs participated in a meeting held in the Foreign Ministry building in 2014 about the issues related to Syria, and the voice record of this meeting was published on Internet on 27 March 2014. The MIT Undersecretary Hakan Fidan says in the voice record that “I would send 4 men to the other side (Syria) to launch 8 missiles to a free field (in Turkey, added). It is not a problem to produce the reason (for military intervention in Syria, added)” (https://www.youtube.com/watch?v=nlXoX0ajrDo and https://www.youtube.com/watch?v=BkybRJ_PnTQ). Journalist Arslan refers to this speech in his tweet, and states that the coup attempt was organized in a similar way. 144 https://twitter.com/ademyarslan/status/1050545428515749888 44 / 68 what is this discomfort? If it is the grace of God, why is it not spoken?145 I deleted the tweet but I am behind my opinions. What happened on that night was the fiction of the known 'trio'.” (@ademyarslan, 2:35 AM – Oct 12, 2018).146 113. The proposals submitted by the CHP (Republican People's Party), HDP (People's Democracy Party) and İYİ Party to the Parliament for the purpose of investigating the coup attempt on 15 July 2016 were repeatedly rejected by the votes of AKP MPs.147 In short, the Erdogan regime does not even want to discuss the thesis that the coup attempt was carried out by the Gülenists. 114. Briefly, the majority of the Turkish society who follows or listens to the media under absolute control of the political power either believe or seem to believe that the Gülenists did the coup attempt, since they cannot get rid of the propaganda of the news broadcasted by the said media institutions. In fact, it is no longer possible for them to make a different statement. In particular, since September 2018, the news took place on the media stating that those who explained their doubts about the coup attempt and declared that the coup attempt was not carried out by the Gülenists at coffeehouses or public domains were immediately detained by the police.148 Thus, the country has been turned into a “state of espionage” (such as in Baas regimes) and everyone has been silenced. d) The Repetitions of Government Theses by Some Congregation Adversaries and Neo-nationalist Groups 115. The leader of a leftist political party - its vote rate is extremely limited, but highly influential on government staff - who defines themselves as neo-nationalist and socialist, Doğu Perinçek149 pronounced that “they had struggled with Gülenists for 40 years.”150 It was reported on the media that members of this leftist group infiltrated all political currents including Islamists, newspapers and TV channels in Turkey and hid themselves. The members of this group who are influential in MIT, Ministry of Foreign Affairs, Army, judiciary, police and the diplomacy and the members of some other secular groups have constantly expressed that “Gülenists did the coup attempt”,

145 https://twitter.com/ademyarslan/status/1050545937398030336 146 https://twitter.com/ademyarslan/status/1050546668926619648 147http://www.cumhuriyet.com.tr/haber/turkiye/635732/CHP_lilerin__Darbecileri_Dinleyelim__oneris i_AKP_lilerin_oylariyla_reddedildi.html ; https://www.birgun.net/haber-detay/15-temmuz-un-siyasi- ayagi-ortaya-cikarilsin-onergesi-akp-oylariyla-reddedildi-162174.html ; http://t24.com.tr/haber/iyi- partinin-15-temmuzun-siyasi-ayagi-arastirilsin-onergesi-akp-oylariyla-reddedildi,671768 ; https://www.sozcu.com.tr/2017/gundem/15-temmuz-onergesini-akpliler-reddetti-1877235/ ; https://www.bbc.com/turkce/haberler-turkiye-45042998. 148 On 16 November 2017, a person living in the village where Fethullah Gülen was born, explained to a journalist that Gülenists had not done the coup attempt and on 19 November 2017 he was arrested only for this reason. (https://www.youtube.com/watch?v=oPdnrTsa1Dw ; http://www.shaber3.com/yandaslar-mutlu-olabilir-koylu-murat-dayi-tutuklandi-haberi/1293129/). 149 Doğu Perinçek declared that he and his group fight against Gülen Movemenet for last 40 years. Perinçek, the most prominent mouthpiece of the Eurosianists (anti-NATO, anti-West and pro Russia) in Turkey, defines himself as neo-nationalist and socialist and have supported the Erdogan regime since 2014, who is also Chairman of Vatan Party (Patriot Party), which receives around 0.01% of the votes in general elections and has a leadership comprising mostly of retired generals and army officers, also stated on 10 January 2016: “We are effective not only in MIT (secret service) but in all bodies of the state.” (https://www.habervaktim.com/haber/467034/maocu-perincekten-flas-cikis.html 150 https://www.sozcu.com.tr/2018/gundem/turkiye-zor-kosullarda-devrime-dogru-gidiyor-2432042/ 45 / 68 because this thesis serves their purpose. Thus, these groups fully support the government's policy of purging the Gülenists from the governmental institutions. Because, this group, which has been sharing power since 2014 with the Erdoğan Regime, knows that their affiliates are assigned to the vacant positions because of the dismissals of Gülenists and thinks that they have recaptured the state. For example, many military officers and generals who were tried in Ergenekon and Balyoz cases were hired again in the Army after 2014. They were assigned to the most important missions in the Army in August 2017. This fact was announced on the first pages of the newspapers in Turkey.151 116. Since these secular-looking persons are ideologically hostile to the Gülen Movement, they may get influential on some decision-makers in Western countries and be partially effective both in Turkey and abroad by repeating the discourses of political power. Özgür Mumcu, the son of Uğur Mumcu who was a former editor of Cumhuriyet newspaper and killed by a bomb in his car in 1993, said in an article that “no one outside of Turkey will believe that the coup attempt is the work of the Gülenists if there is no attempt by secular people.”152 e) Trials Based on Statements Signed under Torture and Black Propaganda 117. In addition to all of the above, statements were taken extensively under torture after the coup attempt; access to a lawyer had been prohibited for the first 5 days; it was told to generals and military officers who do not accept the previously written statements that “we bring your wives and girls and rape them in front of your eyes”; the spouses and daughters of some of them were brought and the previously written statements were forcibly signed under these threats. The events observed at the Ankara Security Directorate and written by a witness on 18 July 2016 are as follows: “There is blood everywhere - grounds, walls... - in all the detention rooms in Ankara. Rotten meat and blood smell come from inside. It's unbearable. They have crossed the border of brutality. Even the most inferior terrorists have never been treated like this. Food and water are not allowed. They are limited in using toilet. Their bodies are swollen and split; they are in blood. There are those who have not been identified. They will close the cases of death because of torture. They get the people into the police building by beating them constantly with batons. There is a second atrocity here. They're all naked, only panties. They were severely beaten; their eyebrows and eyes burst. Every side of their bodies is in blood. They pull them out of the toilet and rinse them with a hose in an order. Some of them cannot bear this anymore and will die. My psychology is upside down, I can't eat. I can't stomach anymore ... I can't get rid of the smell of rotten flesh and blood. The officer who beats them says that ‘your religion is certain, we will remove your funeral from churches and Cem houses.’ Curses that ears don't hear are flying in the air.” 118. In the news published by Hürriyet Daily on 21 July 2016, the following statements of Levent Türkkan, the military assistant of General Hulusi Akar, were

151 “Balyoz Terfisi: TSK’nın başına Balyoz Geldi”, 9 August 2018 (http://www.cumhuriyet.com.tr/haber/turkiye/1050251/Balyoz_terfisi__TSK_nin_basina__Balyoz__g eldi.html). 152 46 / 68 included together with his picture, on which it was seen that his two hands and the middle part of his body are completely wrapped by white bandages and that there were signs of open and heavy beats on many places of his body (on his face and head): “Especially, I would like to state that I was not persuaded to say these things during the interrogation. I wrote my own statement by taking a piece of paper and pen while waiting at the Police Building. I was not convinced to give a statement in this way...” It is ridiculous to state that a person, whose hands are almost completely bandaged and who are severely tortured, wrote his statement with his almost completely bandaged hands without being under any pressure.153 The Constitutional Court did not hesitate to rely on these statements, which were clearly understood that they were taken under torture in its judgments.154

119. In addition, many military officers and non-commissioned officers who were called to the night of the coup on duty by messages (including the orders such as "There is a terrorist attack; go immediately to your place of duty.") sent to them, and then, they were accused of getting involved in the coup attempt without any evidence. Similarly, in the statements taken under the torture and/or the threat of rape (ECtHR, Gafgën v. Germany), the officers were linked to the Gülen movement in one way or another, and the indictments were based on these statements. Using misleading information about the past connections of the young military officers with the Gülen Movement, a public opinion was created through media. Probably, hundreds of military officers and non-commissioned officers, who had already been blacklisted, were particularly summoned on the night of the coup by order or charged in the barracks, and then they were detained and arrested for getting involved in the coup attempt. Based upon their past Gülen movement ties, the thesis that “the Gülenists did the coup attempt” was disseminated without evidence indicating that they actively participated in the coup attempt. The statements that were forcibly signed under torture without the assistance of a lawyer were used in the proceedings. 120. For all these and similar reasons, the majority of Turkish society believes or seems to believe that the coup attempt on July 15, 2016 were made by Gülenists within the army.

153 Hürriyet Daily, 21 July 2016, p. 1. 154 See, Decision of the Turkish Constitutional Court delivered on 4 August 2016 (No: 2016/6E– 2016/12K), http://www.kararlaryeni.anayasa.gov.tr/Karar/Content/717f7c20-b696-4379-84f6- dfb568f8844a?excludeGerekce=False&wordsOnly=False). 47 / 68

7. Is it possible to elucidate who organized and orchestrated the coup attempt in Turkey? 121. It should be firstly stated that especially in a non-democratic regime in which there is no freedom of press, the judiciary is not independent from the Executive, and thus the principles of rule of law and separation of powers155 and human rights are not guaranteed, it is not even possible to attempt to uncover “the material truth”. 122. As understood from the above-mentioned facts, media freedom (see, §§ 67- 79 above) and judicial independence in Turkey were destroyed shortly especially after the 17-25 December 2013 corruption operations. Including supreme courts, there is no independent court in Turkey.156 With a law dated 23 July 2016, all members of the Court of Cassation and the Council of State had been dismissed and two days later, new members were elected by the High Council of Judges and Prosecutors (HSYK) controlled by the AKP Government. Two members of the Constitutional Court were arbitrarily dismissed on 4 August 2016, without any concrete evidence. Regarding this decision, the Venice Commission stated that “The judgment does not refer to any evidence against the two judges concerned”.157 As for the removal of a judge as a result of disciplinary probes and dismissal from work, it was stated that “judges can be suspended or dismissed only if their incompetence or criminal behavior depends on very serious justifications and concrete findings and only after a fair proceeding.”158 At the time of the incident, the members elected to the Court of Cassation, the State Council and the Constitutional Court had the right to serve in these courts until the retirement age (65). If a member of a court is arbitrarily dismissed before the expiry of the term of office, that court loses its independence.159 On July 16, 2016, five members of the HSYK who ruled the first and second instance courts were dismissed before the expiry of their four-year duty term without respect for any judicial security. Pursuant to Article 3 of Decree Law No. 667 dated 23 July 2016, around 4500 judges, including the high court judges, were dismissed without being given any right to defense and allowed to carry out any further public service until they died. 123. In addition, the proceedings regarding the coup attempt have been carried out by "the special heavy criminal courts", which were specially authorized on 18 February 2015 and which were established after 15 July 2016. The courts of second instance also became operational after 20 July 2016. Members of the special criminal courts are appointed by the High Council of Judges and Prosecutors which is under the control of the political power. The judges of the first and second instance courts which made decisions contrary to the thesis of the political power were immediately dismissed by the High Council of Judges and Prosecutors and/or suspended as a result

155 With the constitutional amendment dated April 16, 2017, the separation of powers has been eliminated. (See, Venice Commission, Opinion on the Amendments to the Constitution Adopted by the Grand National Assembly on 21 January 2017 and Submitted to a National Referendum on 16 April 2017, (Opinion No. 875/2017), 13 March 2017, § 130). 156 For concrete cases and facts regarding especially how the judicial independence has been destroyed, see. http://www.platformpj.org/wp-content/uploads/CPJreport.pdf. 157 Venice Commission, Opinion on Emergency Decree Laws Nos. 667-676 Adopted Following the Failed Coup of 15 July 2016, 12 December 2016, §§ 135, 136 158 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20285 159 See, for example, ECtHR, Campbell and Fell v. The United Kingdom, § 80; Lauko v. Slovakia, § 63. 48 / 68 of a disciplinary investigation.160 For example, the president and two members of the Istanbul 25th Heavy Penal Court, which decided to release 21 journalists on 31 March 2017, were suspended on 3 April 2017 and disciplinary proceedings were initiated against them. The Deputy Chairman of the High Council of Judges and Prosecutors clearly announced to the public that the reason of these decisions was the decision made by the three judges.161 In another word, three judges were suspended only for the decision they made within their authority. Although the former state security courts (“DGM” in Turkish acronym) and “special assize courts”, whose independence from the executive power had previously been suspicious, had been repealed, "the special heavy penal courts" have been established instead of these courts by the High Council of Judges and Prosecutors (“HSYK” or “HSK” in Turkish acronym) on 18 February 2015. While the DGM and special assize courts were established by “law”, the new “special heavy penal courts" were established by the HSK. According to Article 142 of the Constitution, the establishment and powers of the courts can only be regulated by law. There are about 200 special heavy penal courts in Turkey and specially selected judges have been appointed to these courts. The trials after 15 July 2016 have been conducted by these courts composed of specially elected judges. 124. Many lawyers who effectively defend their clients are also prevented from doing their jobs properly. Hundreds of lawyers have been arrested based on unjustified allegations and/or prevented from taking part in the proceedings related to the coup attempt. The period of custody was increased to 30 days with a Decree issued immediately after the coup attempt and the right to access to a lawyer was prohibited in the first five days of the custody. During these first five days, many suspects were questioned at night illegally under torture or the threat of torture. The statements taken under torture were forcibly signed as if they were the official statements of the suspects. Meetings with the lawyer in custody were recorded in a confidential or clear manner and police officers accompanied the meetings. The detainees' meetings with their lawyers in prison during the pre-trial detention were also recorded with cameras and the meetings were allowed only in the presence of an officer. The exchange of documents was subjected to the permission of the prison administration. With all these practices, the right of access to a lawyer has been wiped out. 125. In short, since no independent and impartial court previously established by law remains in Turkey, it is not possible to conduct a proper trial in accordance with the requirements of a fair trial. Thus, it is not possible to reveal the material truth about who organized and orchestrated the coup attempt through the judiciary, without following the requirements of a fair trial in the proceedings. 126. As a result, it is impossible to reach the material truth in a country where the freedom of expression and freedom of press has been destroyed; the independence of the judiciary has been eliminated; the proceedings are held by the subsequently and specially-established courts; the judges are suspended only because of their decisions;

160 For more information on all this and more, see. Report on “Non-independence and non-impartiality of Turkish Judiciary”, http://www.platformpj.org/wp-content/uploads/non-independence-1.pdf 161 http://t24.com.tr/haber/21-gazeteci-hakkinda-tahliye-karari-veren-hakim-ve-savcilarin-aciga- alinma-gerekcesi-aciklandi,398039 49 / 68 almost no guarantee of the right to a fair trial is abided by162 and the principle of the separation of powers is eliminated. Thus, it is not possible to attempt to uncover “who really organized and orchestrated the 15 July coup attempt” in accordance with the material truth. 8. Were the Trials such as “Ergenekon”, “Balyoz” an “Military Spying” (Askeri Casusluk) the Conspiracy of the Gülenists? 127. A retired Naval officer and international relations expert Erol Mütercimler, who called himself a “Kemalist” and stated that he had been conducting research on the subject of Ergenekon for 13 years, made the following statement about "Ergenekon" in 1997: “When I first learned the name of this organization in my book work, I was totally shocked. Because I talked to hundreds of people for so many years, most of these military officers are revolutionary coup plotters. But when I first heard it from retired Major General Memduh Ünlütürk, I couldn't understand and believe it... Memduh Ünlütürk Pasha said that he was also in Ergenekon and said, “Ergenekon is an organization above the General Staff, the Governments, the bureaucracy and everyone else (“Deep State”, added). This is not an organization established by law. It was founded upon the will of the CIA and the Pentagon after the 27 May 1960 coup. The people involved in this organization serve for it. But they do not serve with the intention of treason. We also took part in this organization with the idea that we save the homeland, serve the country and promote the interests of our country. The shape of the organization is like this; in particular, some part of generals who had counter- guerilla training or special courses in the United States take part in Ergenekon when appropriate.” After all, when I investigated this Ergenekon from other people, I saw this: There are military officers, police officers, professors, journalists, business people and ordinary people in this organization. The small units so-called today as gangs are a part of Ergenekon. The people we listed their names are the gunmen used by this supreme organization called Ergenekon.”163 128. The Ergenekon investigation, which began in 2006 and where 275 defendants were tried164, was based on material evidences. Some of the events, facts, evidences and weapons were seized within the framework of the Ergenekon investigation are as follows: (1) “In the searches at the offices of a political party, whose chairman of Doğu Perinçek and which was named as “the Labor Party” at that date (now “Patriot Party”), the following were found: some plan and sketches regarding the assassination of some members of the Supreme Court, attack plans against NATO facilities in Izmir, Photographs and personal information of NATO members, preparation documents (protection system, inbound and outbond route, health status, family information) for assassination of the Chief of General Staff Yasar Buyukanıt; (2) The arsenal belonging to former police chief İbrahim Sahin, located in Ankara Golbasi, a document named as "bomb assembly" which is to be used in actions, assassination plans targeting some

162 See, UN Working Group on Arbitrary Detention (WGAD) Opinion No. 42/2018 Concerning Mestan Yayman (Turkey), 18 October 2018, https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session82/A_HRC_WGAD_2018_42_ AEV.pdf 163 https://www.youtube.com/watch?v=1bsr2tWZ5oM 164 In the Ergenekon trial, only about 70 out of 275 defendants were detained on remand. 50 / 68 alevis and the Armenian Patriarch Mutafyan, bomb attack plans for Ankara Eryaman Shopping center; (3) Bombs (hidden underground) captured in the Zir Valley; (4) In the searches at the house of retired Colonel Mehmet Fikri Karadağ, some armed attack plans targeting Nobel Prize winner Orhan Pamuk, some Kurdish origin politicians, and some journalists were captured; (5) Heavy weapons and the sketch and details of the house where Prime Minister Erdoğan lived at that time were captured in the house of Lieutenant Colonel Mustafa Dönmez. (6) It was also determined that some of the bombs seized in the searches made at different times within the framework of the Ergenekon investigation were from the same quality and stock numbers. For example, the serial number of the bombs captured in an operation in Şırnak against the Hezbollah organization (a terrorist organization operating in Turkey) was found to be the same as the serial number of the bombs thrown into the headquarters of Cumhuriyet newspaper in Istanbul in 2006. (7) In the criminal investigation of the long-barreled weapons seized in the operation at the home of the Hezbollah Organization's military wing leader in 2001, it was revealed that 'these weapons belong to the Şırnak Regimental Command' and that 'they were used in the actions committed by the PKK members before'. At the time of the disappearance of the weapons from the Regimental Command, General Levent Ersöz and Colonel Hasan Atilla Uğur, who were arrested pending trial under the Ergenekon investigation, were found to be serving in Şırnak province. (8) The Internet Memorandum (Andıç) including plans on 'how to overthrow the Government by applying psychological warfare methods', that was prepared by the General Staff and initialized or signed by 19 military officers and generals, and some other documents related to this were also seized under the Ergenekon investigations. At the hearings where the testimony of the General Staff Chief İlker Basbuğ were taken for the said Internet Memorandum, the arrested generals and military officers said that "we prepared this document upon the instructions of the Chief of General Staff." In the case of the closure of the AKP, which was opened at the Constitutional Court in 2006, news obtained from the counterfeit websites was used as evidence. (9) The coup plans named "Ayışığı, Sarıkız, Yakomoz, Suga, Eldiven and Çarşaf” were captured within the framework of Ergenekon Investigations.165 During a hearing conducted within the framework of the , the then General Staff Chief Hilmi Özkök debated with the then Commander of the Land Forces Aytaç Yalman at the hearing about 'who prevented the coup'. (10) Some weapons seized in the Ergenekon investigations are: 89 hand grenades, 12 booby-trapped bombs, 13 rifle bombs, 17 lava guns, automatic weapons, C3 and C4 bombs, TNT molds, 820 gr plastic explosives, 58 miscellaneous bombs, etc."166 Nobody objected to these material evidences.

165 For more information, see. ECtHR, Doğan v. Turkey (dec.), no. 28484/10, 10 April 2012, §§ 9-17. 166 In spite of accepting the lawfulness and authenticity of all these evidences, a prosecutor in Istanbul submitted a written opinion indicating that "Ergenekon is not terrorist organization" on 1 December 2018. Doğu Perinçek - the spokesman for the Eurasians in Turkey - who was under arrest pending trial in the Ergenekon case stated on 10 January 2016 that “We are effective not only in MIT (secret service) but in all bodies of the state.” (https://www.habervaktim.com/haber/467034/maocu-perincekten-flas- cikis.html). Mr. Perinçek, who have supported the Erdogan regime since 2014, referring to the post- 2014 judicial practices, made the following statement on 21 June 2017: “Turkish judiciary is in the golden age of the last 50 years.” (http://t24.com.tr/haber/dogu-perincek-turk-yargisi-son-50-yilin-altin- cagini-yasiyor,410285). Engin Cinmen, Attorney of Journalist and Writer Ahmet Altan who has been 51 / 68

129. According to statistics of the Ministry of Justice, on the course of 2016 and 2017, a total of 612,347 investigations were opened on terror charges.167 The vast majority of these investigations were conducted against the Gülenists, and no weapons or even an illegal knife were seized in tens of thousands of people's homes and workplaces or elsewhere. 130. CHP MPs Barış Yarkadaş made the following statements in the program “Zamanın Ruhu (The Spirit of Time)” on Halk TV in 2014 just after the 17-25 December 2013 corruption operations: “Tayyip Erdoğan handed himself over to the Army to avoid being thrown out of the palace. This relationship is based on 17-25 December 2013. A trade was carried out on 17-25 December. On December 17-25, the Army did not send its forces to the operation. You know, when the police don't go to the operation, the prosecutor can ask the military staff for support. (On December 25, 2013)168 The army agreed with Tayyip Erdoğan not to carry out operations at points where the police did not go. Tayyip Erdoğan changed the Kurdish policy and stood behind the army in return for the closure of the files of 17-25 December. This is what happened on and after 17-25 December 2013. The beginning of the relationship is based on this date. The release of the Yalçın Küçük, who was in prison within the Ergenekon investigation, was the result of the agreement with Tayyip Erdoğan. It's a surrender deal. They (Tayyip Erdoğan) have left Ergenekon detainees in return for the support of the Fethullah Gülen operation (from Ergenekon group or the Deep State). In return, it was agreed on that the Kurdish issue should be changed and that the 17- 25 December files should be enclosed. Today, this concept is turned into the understanding of shaping the Kurds by beating them with stick.”169 131. In short, according to CHP deputy Yarkadaş, Tayyip Erdoğan agreed with the structure called "the deep state", which is the strongest group in the apparatus of the state, in order to close the 17-25 December 2013 corruption operations; in return, he ensured the prisoners of “Ergenekon” and “Balyoz” to be released. MP Yarkadaş stated that Erdoğan got support from the Ergenekon organization for the operations against the Gülenists170 in return for the release of the detainees of the Ergenekon case sentenced to aggravated life imprisonment stated on 30 September 2018 “The judiciary has been hijacked by the Euroasianists!” (http://www.diken.com.tr/avukat-cinmen-avrasyacilar-yargiyi-ele- geciriyor-bunlar-hukumeti-de-yargilar/). 167 https://twitter.com/cyberrights/status/1038054024317218819 168 In the 25 December 2013 corruption operation, the prosecutor's detention orders and the search decisions of the judge were not carried out by the police under the control of the executive body. 169 https://youtu.be/8f0PYaLmkpE 170 With the statement that “the support was got for the operations against Gulenists in return for the releases in the Ergenekon case”, it was meant that the bureaucrats affiliated with Ergenekon organization in the police, the judiciary, the secret service and the military would provide support Erdoğan for the operations against the Gülen movement. Indeed, “referring to the mass arrest and trial process against the Gülenists after 15 July 2016”, retired military judge Ahmet Zeki Üçok, who had been arrested for a while within the Ergenekon case, made the following statement on 26 April 2018: “When we evaluate this process (the operations against Gulenists), we have a struggling President, we have 100-150 public prosecutors and 1000 police (our) friends working with them.” (http://www.cumhuriyet.com.tr/haber/turkiye/965044/Ahmet_Zeki_Ucok_tan_carpici_iddia__Husn- u_Sehadet_yontemiyle_FETO_uyesi_olmaktan_kurtuluyorlar.html). On 29 September 2017, the Patriot Party Chairman Doğu Perinçek, who was under arrest pending trial within the Ergenekon trials and announced that “they were effective in all levels of the state”, made the following statements on 29 August 2017: "Today, our general and military officer friends are preparing the list of those who are 52 / 68 and that the AKP had also changed its attitude towards the Kurdish issue as a result of this agreement with Ergenekon, which mostly composed of (neo)-nationalists.171 132. In a tweet about this issue, CHP MP Barış Yarkadaş also made the following statement: One of the requirements of releasing the suspects of Ergenekon and Balyoz was the following: when they were released, “they will take responsible the Gülenists, they will not criticize AKP.”172 133. The allegations on that the trial known as "Military Espionage" in Izmir (Askeri Casusluk) based on the accusations that some military officers were spying on behalf of another state was opened “in order to discharge some military officers from the army”, and on that the trial was a conspiracy, were rejected by HSK in 2018.173 134. The alleged violation of the ECHR (arrest without reasonable suspicion - Art. 5 § 1 c) in the applications of some of the detainees of the Ergenekon and Balyoz cases submitted to the European Court of Human Rights, was rejected by the ECtHR as it was manifestly ill-founded.174 According to Turkish law, "reasonable suspicion" is sufficient to initiate a criminal proceeding against a person. However, it is a fact that some individuals were “taken into custody and released without reasonable suspicion” within the framework of the Ergenekon investigation.175 Two journalists were also unlawfully arrested and then placed in pre-trial detention in the Ergenekon case for more than 12 months.176 135. In State Party Observations concerning 250 detained defendants in the Balyoz or Sledgehammer Cases177 presented to the UN Working Group on Arbitrary Detention on 17 December 2012, the following information and evidence was provided: 136. “In its copy of 20 January 2010, the daily Taraf, a national daily newspaper, published information on the planning of a coup d'etat in the First Army Command. Istanbul, shortly after the AKP party came to power at the end of 2002 - beginning of 2003. For several days, information about the plan called "Balyoz Güvenlik Harekâtı Planı" (Balyoz Security Action Plan) was disseminated by various daily newspapers

dismissed from the Army; we give their names to the government. The government is expelling them away from the army." (https://www.youtube.com/watch?v=VZGjj5TPgf8). 171 According to the OdaTV website, the detainees in Ergenekon case were “released after having deal with Erdoğan” (https://odatv.com/erdoganla-anlasip-hapisten-ciktilar-2812151200.html). 172http://2.bp.blogspot.com/- 6p14RhQ_DPc/VWhIYsi13UI/AAAAAAABnwU/DOQCGH9L91g/s320/graphics2-733176 173 http://www.shaber3.com/web-tv/askeri-casusluk-delilleri-ortaya-cikmasin-diye-hsk-sorusturma- izni-vermedi-23489-video-haberi/ 174 See, for example, Doğan v. Turkey (dec.), no. 28484/10, 10 April 2012, §§ 75-86; Kireçtepe and others v. Turkey (dec.), no. 59194/10, 7 February 2012. 175 Some applicants, who were taken into custody and then released in the Ergenekon investigation, were detained without reasonable suspicion (violation of Art. 5 § 1(c) of the ECHR). See for instance, ECtHR, Erarslan and others v. Turkey, nos. 55833/09 55837/09, 55838/09 and 55843/09, 19 June 2018. 176 See, ECtHR, Şık v. Turkey, no. 53413/11, 8 July 2014. 177 See, UN WGAD Opinion No. 6(2013) Turkey concerning 250 detained defendants in the Balyoz or Sledgehammer Cases, A/HRC/WGAD/2013/6, 5 July 2013. 53 / 68 and national television channels, and some sound recordings were made available to the public. 137. The information contained in the press briefly stated that: "some of the officers were disturbed by the AK Party coming to power after winning the national elections of 3 November 2002 and the fact that it formed a government; that, from then on, they planned to plan in detail a coup d'etat under the name of plan of operations Balyoz". In the information in question, it was stated that: "The main objective of the Balyoz plan [in summary] was to overthrow the current Government and to have martial law declared in the country". 138. On 21 January 2010, four (4) CDs containing documents relating to the action plan in question were forwarded to the Istanbul prosecutor's office by a reporter for the daily Taraf, named M.B. On 29 January documents leading to the opening of the investigation were transmitted inside a suitcase to the prosecution by the same reporter. 139. The bag containing the documents sent by the journalist named M.B. was opened in the Istanbul Public Prosecutor's Office. They found that the bag contained a document of two thousand two hundred and twenty-nine (2229) pages, nineteen (19) CDs and ten (10) tape recorders. A first examination was established on the said documents, the CDs as well as the cassettes. It is to this end that they were seized. 140. Among the documents sent to the prosecutor's office, there was on the one hand cassettes and documents relating to the seminar conducted from 5 to 7 March 2003 within the command of the first army and on the other hand, various pieces of evidence of the offense, such as "Oraj Harekat Planı" ("storm"), "Suga Harekat Planı" ("beautiful doll"), "Sakal ve Çarşaf Eylem Planları" ("Islamic beard and veil") action plans. 141. According to the indictment, on 5 and 7 March 2003, on the orders of one of the applicants Çetin Doğan, army general and commander-in-chief of the first army in Istanbul at the time of the facts, a generic plan entitled "Olasılığı En Yüksek Tehlikeli Senaryo" (Most Dangerous Probability Scenario) was negotiated during a seminar organized on the map. One hundred and sixty-two (162) generals and officers participated in the seminar. During the seminar, discussions about the plan were recorded on cassettes by order of General Çetin Doğan. These tapes included audio recordings of officers and generals who spoke throughout the seminar. The cassettes in question and other evidence were handed over to the Istanbul Public Prosecutor's Office. In the case of sound recordings, some parts were broadcast by a number of national television channels. 142. During the seminar in which a generic scenario was played out, it was noted that an officer spoke and used these terms: "My commander, the operation begins with the descent into the streets of the military and the circulation of tanks and vehicles armored vehicles ". 143. ..., a general of the corps expressed himself as follows during his oral presentation: "We must first gather the leaders. It is necessary to organize a special operation in the night and immediately gather the leaders and solve the problem at the source once and for all. Then, while continuing, it is necessary to put an end to this

54 / 68 affair fairly quickly and in a controlled manner. (...) My commander, that's why radical measures must absolutely be taken.” 144. During the seminar, a colonel expressed himself as follows: "My commander, during the third phase of the operation, the persons who were identified for having once participated in fundamentalist, destructive and separating activities will be placed into custody. Those who will be held in custody and detention will first be gathered in the sports facilities of Burhan Felek in the region of Üsküdar, in the Netaş guest house in Ümraniye, at the Fenerbahçe stadium in Kadıköy and by afterwards, in order to be interrogated, they will be taken to Ümraniye Prison and then interrogated by the gendarmerie and police investigation teams. " 145. As a result of these remarks, General Çetin Doğan said: "The director of Imam Hatip high school in Kadıköy (...) guy is not there? You do not take them then?". 146. On this question, the colonel replied: "My commander, I was in charge of Kadıköy later. My commander, I could not take notice of his name; that's why I did not write it here. Normally he will also be taken away; as in Üsküdar and Ümraniye". 147. At another point in the seminar, General Çetin Doğan asked an officer the following question: "Is there a barracks that can be turned into something? A barracks that can be turned into a prison? ". On this question, the officer replied: "My commander, there is one in Hasdal. There is one in Topkule. We can turn them into my commander. (...) " 148. ..., A brigadier general had used the following phrases at the seminar: "The territorial responsibility of Brigade (Tugay) includes the districts [of Istanbul, added] Maltepe, Kartal, Pendik, Tuzla and Sultanbeyli. Mayor of Tuzla named İ.G. and the mayor of Sultanbeyli named Y.K. will be replaced by dedicated staff in their place ". 149. A general of the army corps expressed himself in the following manner at the seminar: "... Me, I will put into operation there all my troops of the second (2nd) and fifth (5th) command of the army corps to be able to take all the necessary security measures. I will bring all [my other troops] here. I will collapse on Istanbul (in the sense of "I will take control of Istanbul," added). Whether it is a mayor, a prosecutor, a judge, a sub-prefect or even all those who are opposed [to this action, added]. If necessary, I will task the commanders to perform these functions. (...). They will divide this country, break it down and put another regime in place. It is our duty to act without mercy against this people who are so decided. 150. Another officer also spoke at the seminar. He said: "My commander, now, I will give you the details of the organization of the army corps quarter (Kolordu Karargâhı) at the martial law headquarters (Sikiyönetim Karargâhı). All personnel serving in the army corps quarter will have to take up their duties in martial law headquarters, the army corps quarter will have to be organized in the form of a country of the martial law, as shown on the screen. Prosecutors and serving judges in the army corps quarter will continue to serve as legal advisers, military prosecutors and at the military court, and it will be necessary to strengthen the staff in proportion to the number of martial courts will be created.

55 / 68

151. A Lieutenant General thus expressed himself at the same seminar: "What is expressed by our commander of the 1st Brigade, in fact, is that the country was in flames before September 12 [1980, added] and every day, fifty (50) people died. The right and the left had become intermingled. But a September 12 coup put an end to all this. This country then became peaceful. Now, there is no need to an extra effort to eliminate such a threat. That is to say, to send the forces to the left and to the right. In my opinion, the simplest type of operation is to carry out an operation such as that of September 12, which would immediately extinguish [fire, added] from the beginning. Here, of course, we did not want to say it but finally, we try to focus on it. Pay attention in subsequent conversations. 152. At the same seminar, General Çetin Doğan spoke as follows: "(...) You can say with confidence that he continued on Saturday. He did not leave men [free, added]. You will say that this man is planning a coup d'etat. The best thing you have to say: scare them. You will say that he is a very dangerous man, and that he has no right and left (in the sense that he is not afraid, added). Look, the missile range of my tanks reaches Istanbul; friends say it. According to him, that is, yes. 153. General Çetin Doğan also spoke as follows during the seminar: "(...) From now on, it will not be necessary to have pity during the popular gatherings, not of pity, not of mercy or I do not know what. Against those men who have opened a flag to take the country, against the people who walk with a green flag, do not show them indulgence, do not tell them to disperse, or whatever; there is no dispersion, but there is gathering and there are demolitions. 154. In his closing address, General Çetin Doğan said: "I will tell the Chief of Staff, Commander-in-Chief [of Land Forces, added], if necessary, give an ultimatum to the National Assembly and the Government as a warning and to put an end to this pace. If necessary, call them; the end of this story is cr.p otherwise your end will be like that. Make the necessary arrangements and precautions on this subject. First, through the creation of a [credible] national unity government, the most important priority is to create an independent and impartial government, accepted by the people and which will then lead the country to [national] elections after all these worries". 155. With regard to the seminar held from 5 to 7 March 2003, General Aytaç Yalman, commander-in-chief of the land forces of the time, in his interview with Hürriyet on 2 September 2012, said that the seminar had been "made contrary to his orders". "178 156. The authenticity of the voice recordings mentioned above was acknowledged by General Çetin Dogan and other generals and officers. 157. On a separate note, in the case Sledgehammer, an operation was initiated on 5 August 2014 against police officers serving in Istanbul prior to the corruption investigations of 17-25 December 2013. A total of 31 police officers, who were transferred to different cities of Turkey, were taken under custody and eight of them were detained. The prosecutor who pushed for the detention of these officers, Okan Özsoy told Habertürk Columnist Fatih Altayli that, referring to the operations made

178 See, http://hurarsiv.hurriyet.com.tr/goster/ShowNew.aspx?id021362845 (1 October 2012). 56 / 68 against the police in 2014 and detentions en masse after the military coup on 12 September 1980, that “If necessary, we would take 500,000 people under custody, just as in 12 September.”179 Two years after the operations against police officers were initiated, the coup attempt of 15 July 2016 took place. According to a compilation of data from various indictments by semi-official news agency Anadolu Agency, the attempt which started at 22:00180 was blamed on the parallel structure on 21:54 by AKP Deputies.181 On the course of 2016 and 2017, a total of 612,347 investigations were opened on terror charges, according to statistics of the Ministry of Justice.182 In this way, Prosecutor Okan Özsoy’s prediction was proved understatement. 158. In. the wake of 17-25 December 2013 corruption operations, some government officials started to claim that Ergenekon and Sledgehammer Cases were fabricated by the Gulenists. However, many AKP officials maintained, even after 2014, that “these were genuine cases and steered by themselves.” 159. President Erdogan made the following statement on 4 March 2015: “I listen to CDs on Sledgehammer and get shocked. A colleague that we meet over Supreme Military Council meetings. A colleague we have trips together. I only believe the things he said after I hear them on the CD. If not for this CD, I would not believe it. But whenever I listen to this CD, I get in shocks and ask myself, how this is possible.183 In a speech to the parliament, President Erdogan said: “Yes, I am a prosecutor for this (Ergenekon) case”.184 160. On 14 December 2014, the then Minister of Interior Efkan Ala stated that “Since 2002, they have planned Sledgehammer, Ergenekon, Sarikiz (Blondegirl), Ayisigi (Moonlight) and many others to block this way, they attempted coups. We have overcome these only because we have fought them in unison.”185 161. Binali Yildirim, Prime Minister between May 2016 and July 2018, said in a statement on 8 October 2018 that “Both Ergenekon and Sledgehammer were totally genuine.”186 162. AKP MP and Chairman of the Constitutional Commission of the Parliament Burhan Kuzu tweeted on 6 August 2013 at 0302 hours: “No one should think that Ergenekon, wherein some serious and heavy sentences were pronounced, is fabricated. It is wrong to dilute [this case].”187

179 http://t24.com.tr/haber/cemaat-operasyonunda-12-eyluldeki-gibi-500-bin-kisiyi-aliriz,266563 Habertürk Daily, 3 Agust 2014. 180 https://www.ntv.com.tr/turkiye/saat-saat-15-temmuzda- yasananlar,KQ4ykznyIU6vgW1ecMB6_w 181 Adnan Boynukara, AKP Member of Parliament (MP), shared the tweet (@AdnanBoynukara) of “Damn with Fetullahist Putsch…” from his Twitter account at 9.54 P.M. (https://t.co/csaEcRiarQ - https://twitter.com/AdnanBoynukara/status/754041549432954880/photo/1). 182 https://twitter.com/cyberrights/status/1038054024317218819 183 https://www.youtube.com/watch?v=pVNX1_dd5wA 184 https://twitter.com/BurhanKuzu/status/1145753596786597890; http://www.gazetevatan.com/- evet-ergenekon-un-savcisiyim--189246-siyaset/ 185 https://www.youtube.com/watch?v=hDGyPYcphsE 186 https://www.yenicaggazetesi.com.tr/ergenekon-ve-balyoz-sapına-kadar-gercekti-147787h.htm 187 https://twitter.com/fethiakar72/status/1145830735204499457; https://twitter.com/BurhanKuzu/status/1145753596786597890 57 / 68

163. In a booklet titled “New Generation Terror: Analysis of FETO” published in 2017 by the Presidency of Police Academy, which is under total control of the government, the following observations regarding ‘Ergenekon and Sledgehammer cases’: “The opportunity to face and settle accounts with tutelage during the 2008 Ergenekon and Sledgehammer cases were missed under the manipulation of FETO, which is a product of Gladio(?).”188 As per these expressions written by Police Academy staff, it is clearly stated that “the Cases of Ergenekon and Sledgehammer” were not hoaxes but actually genuine cases. 9. Why do public officials in Turkey hide their political thoughts, ethnic identities and religious belief and life? 164. The main reason why people in Turkey, especially public officials, feel the need to conceal their thoughts, ethnic or religious characteristics, or other attributes is that human rights activities are seen as an offense by the power that controls the state from time to time. Individuals are subjected to discrimination in any way based on ethnic, religious, linguistic or different reasons. In Turkey, except for the real power (the Deep State) that controls the state, there are almost no groups that does not hide themselves from time to time. 165. For example, Aram Ateşyan, Deputy General of the Armenian Patriarch, said in a live broadcast program on 27 April 2013 that "90 percent of the population in Tunceli is Armenian, but they hide themselves. There are over a hundred thousand (hidden) carrying a cross on their neck, whose parents are Armenian. They know Armenian but introduce themselves as Muslim. … They do not return to Christianity, because if they return, they might be dismissed from government offices and their neighbors might disturb them. These are happening."189 166. As per Article 70 of the Constitution190, every Turkish citizen has the right to enter and to work in public services without discrimination, except for merit. If staffing is a crime, there are almost no political or social groups that do not commit this crime in Turkey. As everyone knows, almost all of the political and social groups in Turkey are trying to be staffed in the state institutions. The AKP, all other political parties including CHP and MHP and large or small other congregations, sects, movements, lodges, denominational or ethnic groups and formations make efforts to position their members at the state institutions. In its report on the 15 July 2016 coup attempt, the Foreign Affairs Committee of the British Parliament stated about the allegations of parallel state that the Kemalists and the AKP had also formed parallel structures in state institutions. Doğu Perinçek, the most prominent mouthpiece of the Eurosianists (anti-NATO, pro Russia) in Turkey, explicitly stated on 10 January 2016 that “We are effective not only in MIT (secret service) but in all bodies of the state.”191

188 https://www.pa.edu.tr/Upload/editor/files/1-YENİ%20NESİL%20TERÖR- FETONUN%20ANALIZI.pdf, p. 22. 189 https://www.youtube.com/watch?v=zsjRanbZyt4&t=51s 190 “Every Turk has the right to enter public services. No other distinction can be made for recruitment other than the qualifications required by the duty.” (Const. Art. 70). 191 https://www.habervaktim.com/haber/467034/maocu-perincekten-flas-cikis.html 58 / 68

167. On 22 August 1995, the then Minister of Justice, Mehmet Moğultay, made the following statements at the CHP Istanbul Provincial Congress: "Nearly 2000 judges were hired at the time of Mr. Seyfi Oktay. In my period, about 1000 judges were hired. A total of 3000 judges were hired. If they will not provide positions in state institutions for to this organization, but then to whom? Are they to provide positions to the Nationalist Movement Party (“MHP” in Turkish acronym)? No way? Exams would have been conducted in the past. The date of the exams would not be notified to anyone. They were advertised on unknown newspapers. Now at least we apply justice by notifying the organization (he refers the “organization of the party”); we inform the organization. We ensure the organization to take the exams. Are we doing wrong? The most intelligent policy to be followed is to be organized and to position your people in state institutions when you are in power. And these cadres will open your path in the future."192 As it is to be understood, if overtaking the state or creating a parallel state by staffing in state institutions is a crime, there are no political or social groups that do not commit this crime. Considering Article 70 of the Constitution and the principle of no punishment without law (ECHR art. 7), “the allegation of seizure of the state by infiltrating or staffing in state institutions” is not a crime in the sense of criminal law. 168. Furthermore, as mentioned above, in the process known as the "February 28 Process", a trial was opened against the leader of the Gülen movement, Fetullah Gülen, on charges of establishing and managing a terrorist organization, and this case were held by the Ankara 11th High Criminal Court. The main accusation in this trial was “the assertion of staffing in the state institutions and infiltration into the state, particularly into the police organization”, and in this case all the activities of the Gülen movement were examined. Ankara 11th High Criminal Court made a decision of acquittal on the grounds that such acts did not constitute a crime, and this decision was upheld by the 9th Criminal Chamber of the Court of Cassation. This decision was finalized after approved by the Supreme Court Assembly of Criminal Chambers on 24 June 2008 (No. 2008 / 9-82E 2008 / 181K). In accordance with the principle of non bis in idem, which is guaranteed by Article 4 of Protocol No. 7 to ECHR, all events, facts and claims examined in the file which were finalized in 2008 (res judicata) cannot be subject to investigation by the judicial organs since they constitute the subject of an acquittal decision which has become a final judgment (ECtHR, Grande Stevens and others v. Italy [GC], § 277). This is a requirement of the principles of the rule of law and legal certainty. The most important claim taken a base for the accusations in the file, which was finalized in 2008, was “seizing the state” or “staffing in the state institutions” (creating a “parallel state structure”). However, there is a finalized decision indicating that this fact does not constitute a crime. In the Turkish Penal Code, there is no crime defined as "staffing in the state institutions" or “seizure of the state". "Seizure of the state" is defined as a crime only if it is committed by using force and violence. Since the allegations of seizing the state, infiltration into the state or staffing are not regulated as crimes in the law, such accusations were made for political purposes, not legally. If the claim of seizing the state would have been a crime, the Deep State known as the most influential structure (“real parallel structure”) in all the state institutions and controlling the state since 1960, would be

192 https://www.youtube.com/watch?v=J-lLRtGlh3o 59 / 68 the first organized structure to commit this crime. In fact, the accusations of infiltration into the state or seizing the state directed to the Gülenists have been ironically committed by the Deep State Structure. 169. On a separate note, sympathizers of the Gulen movement are also citizens of Turkish republic. As long as they act within the confinements of law, they have every right to serve in public positions just as liberals, social democrats, rightists, followers of AKP or any other social group. Public service is a constitutional right for all citizens. According to Article 70 of Turkish Constitution, “Every Turk has the right to enter the public service. No criteria other than the qualifications for the office concerned shall be taken into consideration for recruitment into the public service.” In a regime that has no discrimination, all citizens have a right to serve in public office; therefore, the claim that Gulenists infiltrated public posts are baseless. “Infiltration” allegations could only be valid if directed towards citizens of other countries. It is a void argument to claim citizens “infiltrate” into their own government. Such accusations remind Hitler’s demonization policy against Jews, opposition and other minorities. Nowadays, only members of AKP are appointed to all public offices, mostly without even going through exams. If caderistion is a crime, nobody is innocent. Former Chairman of Righteous Path Party (DYP, center-right) Mehmet Agar, who also served as Interior Minister in 1995, made the following statement in 22 March 2019: “When I was appointed as Minister of Interior, we spent half our day cleansing Istanbul Municipality from the militants CHP placed there.”193 170. In our opinion, there are some sociological reasons for every group to get their members staffed in the state institutions. First of all, the structure called as the Deep State was initially considered itself as the sole owner of the state. Therefore, it does not want to the citizens, who are not close to it for ideological or other reasons, get hired in public services. Moreover, it tries to prevent them from being hired in the state institutions, to assign those hired in public services to passive duties or appoint to other provinces, and even to expel them from public services by adopting discriminatory practices. In other word, the Deep State which have really seized the state in Turkey applies discriminatory practices in hiring citizens in public services and promotion and assignment policies for different reasons. This misapplication, unfortunately, has spread to almost all of the group of interests and political parties. Every group of interests or political party that came to power discriminated people who were not close to it by dismissing them from the public services, discharging them, appointing them to other areas of deprivation and/or applying different policies in hiring public services. Anyone who knows the functioning of government more or less is aware of this material fact that the claim of staffing in the state or establishing a parallel state is not simple enough to be attributed to only one group. 171. The opinion that the Gülenists' activities in legal fields to be considered as criminal activities and putting them in prison for these legal activities is the real reason lying behind the allegations that the Gülenists are staffed in the state. For many years, the groups of the "Nurcu" (a religious sect leaded by Said Nursi until 1960) in general,

193 https://tr.sputniknews.com/turkiye/201903221038365176-agardan-cumhur-ittifakina-destek- aciklamasi/ 60 / 68 and the Gülenists in particular have been detained, arrested and convicted to heavy prison sentences based on the reasons that they kept the books written by Said Nursi in their homes, delivered and read those books and came together and made peaceful religious talks in this context.194 It was decided by both the UN Working Group on Arbitrary Detention195 and the ECtHR196 that all of these activities were under the protection of the right to peaceful assembly (Art 11 of the ECHR) and the right to freedom of speech (Art 10 of the ECHR). In short, since the Gülenists use basic human rights in order to get rid of the grievances they experience, they advised and encouraged people, who have sympathy for them or had good education, to take part in public service. 172. As to the allegation that Gülenists or those who sympathize with the Gülen movement hide their lifestyles and thoughts, it is very normal situation for bureaucrats, who do not want to be victimized, to hide their thoughts and life styles in a bureaucratic system where the most basic human rights are considered as crimes197 and where people are sentenced to very severe punishments for their daily legal activities. Briefly, the main problem in this regard in Turkey cannot be attributed to individuals. The problem arises from the fact that the structure called "the Deep State", that was formed after the 1960 coup d’Etat, has overtaken actually the state system and thought that the state belongs to it. At this juncture, a fair question is: Where or from whom does this structure called “the Deep State”, essentially a mere minority regarding the state as its own property, gain its legitimacy? The problem arises from the policies and practices have been carried out by this structure for nearly half a century. The problem arises

194 These events widely experienced in Turkey in the 1960s and 1970s when the Gülen Movement firstly emerged. 195 See, UN WGAD, Opinion No. 42/2018 Concerning Mestan Yayman (Turkey), 18 October 2018, https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session82/A_HRC_WGAD_2018_42_ AEV.pdf 196 See, Ibragim Ibragimov and others v. Russia, nos. 1413/08 and 28621/11, 28 August 2018. 197 According to the “Opinion on Emergency Decree Laws Nos. 667-676 Adopted Following the Failed Coup of 15 July 2016, CDL-AD (2016)037, by the Venice Commission at its 109th Plenary Session” (Venice, 9-10 December 2016), the used the following criteria to dismiss and punish civil servants after the attempted coup: “The criteria used to assess the links of the individuals to the Gülenist network have not been made public, at least not officially. The Venice Commission rapporteurs were informed that dismissals are ordered on the basis of an evaluation of a combination of various criteria, such as, for example, making monetary contributions to the Asya bank and other companies of the “parallel state”, being a manager or member of a trade union or association linked to Mr Gülen, using the messenger application ByLock and other similar encrypted messaging programmes. In addition, the dismissals may be based on police or secret service reports about relevant individuals, analysis of social media contacts, donations, web-sites visited, and even on the fact of residence in student dormitories belonging to the “parallel state” structures or sending children to the schools associated with Mr Gülen. Information received from colleagues from work or neighbours and even continuous subscription to Gülenist periodicals are also mentioned amongst those many criteria which are used to put names on the “dismissals lists” (Venice Commission, Opinion No. 865/2016, § 103). As it will be understood, there are no acts of violence in these activities. None of them is unlawful when committed, nor does it constitute a disciplinary action or a criminal offense. Each of these activities is essentially covered and protected by a fundamental human right (the right to respect for private and family life, the right to education, the right to property, freedom of expression, the freedom of press and freedom of association). It is very normal for a public official, who thinks that his/her any activity within the scope of fundamental rights will probably be considered a crime in the future and sanctioned for these legal activities and that this situation is repeated almost every decade, to hide his/her thoughts. In short, the problem is not in individuals, but rather in practices of the political powers which are controlled by the “Deep State” and therefore cannot be democratized. 61 / 68 from the bureaucratic system that consider human rights as a crime and cannot turn into a fully democratic structure. The obligation to remedy this problem belongs to the state apparatus, and the first step to be taken is to stop seeing human rights as a crime. When a system that meets all the requirements of democracy, no one will feel the need to hide their thoughts, beliefs and life styles. What we have is a state structure that surveillances all individuals (Big Brother), public officials in particular, including their private lives, examines even the tiniest details including such officials’ family members and labels them and punishes them according to such information.198 173. Another claim attributed to the Gülenists is related to the fact that those in the bureaucracy make decisions based on the instructions from some Gülenist civilians, rather than their supervisors. There is no doubt that no government will allow such a practice. If some public officials make decisions based on the instructions from other authorities rather than their supervisors, the officials acting in such a manner must be identified and investigated on the basis of concrete evidence and the necessary sanctions should be applied.199 No one has any objection to initiate a disciplinary investigation about those who committed such actions identified above, and to carry out a criminal investigation based on concrete evidence if they committed an offense. This should be the practice in a rule of law. However, convicting tens of thousands of individuals, who have not committed unlawful acts, based on their past legal activities (Having an account in Bank Asya, depositing money to this account, becoming a member of an association or union, subscribing to Zaman newspaper, etc.) violates the principle of individual criminal liability and means collective punishment. The application of collective punishment violates the peremptory norms of international law (jus cogens), which are above all norms in the hierarchy of norms.200

198 For a concrete example, see, ECtHR, Yilmaz v. Turkey, no. 36607/06, 4 June 2019. 199 In fact, these allegations were put forward by the individuals who are unaware of the bureaucracy's method of work. Anyone who knows the bureaucracy knows that no bureaucrat can take any decision outside of the main line drawn by the Minister and cannot launch into any other implementation. When she/he takes any single decision contrary to the will of the Minister, she/he will be immediately discharged from office. The sub-bureaucrats cannot go out of their superiors' instructions. If they act against the instructions, they lose their duties. This allegation was put forward in particular just after the the 17-25 December 2013 corruption operations because judicial police officers carried out the first operation (17 December) without informing the Istanbul Provincial Security Directorate. According to the laws of that time and the Judicial Police Regulations, the police officers were not allowed to inform the Provincial Police Director or the Governor of the operations to be conducted under the instructions of the prosecutor in order to ensure the confidentiality of the investigation. Therefore, the first action of the government after the 17 December 2013 corruption operations was to immediately amend the Judicial Police Regulations. Judicial police officers were obligated to inform the representatives of the executive branch before the initiation of all judicial operations and all criminal investigations. Thereby, in contradiction with the principle of separation of powers, the basic rule of confidentiality of criminal investigations was seriously undermined in favor of the Executive. 200 According to the UN Human Rights Committee, “… Furthermore, the category of peremptory norms extends beyond the list of non-derogable provisions as given in article 4, paragraph 2. States parties may in no circumstances invoke article 4 of the Covenant as justification for acting in violation of humanitarian law or peremptory norms of international law, for instance by taking hostages, by imposing collective punishments, through arbitrary deprivations of liberty or by deviating from fundamental principles of fair trial, including the presumption of innocence.” (General Comment No. 29: States of Emergency (Article 4), HRC, 31 August 2001, UN Doc. CCPR/C/21/Rev.1/Add.11, § 11) (https://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2F 21%2FRev.1%2FAdd.11&Lang=en). 62 / 68

174. As to the claim that individuals who are members or sympathizers of the Gülen Movement to infiltrate into the state secretly, this political allegation is also baseless. Ekrem Dumanlı, former editor-in-chief of Zaman Newspaper, explained this issue on his share in his Youtube account on 27 July 2017 under the title of "The 'staffing issue' presented with the memories you will hear for the first time": "In 2013 when the claims of parallel structure had not started to be brought to the agenda yet, Prime Minister Erdoğan told me on a plane trip that "We will soon issue the decree regarding Ambassador appointments; Send this information to Fethullah Gülen, so that he send the names of the individuals he wishes in a list; and we will appoint them as ambassadors". I sent this message to Gülen through an acquaintance. Gülen also sent me his reply through the same acquaintance. In his reply, he stated that “the appreciation of this issue belongs to the political will". I informed the Prime Minister about this message when I met him again. It was clear from his facial expressions that he was not pleased with the message."201 As it will be understood, the political will determines who will be appointed as high-level bureaucrat and knows very well the individuals to be appointed. Therefore, the claim that “Gülenists have secretly infiltrated into the state apparatus” is a political, baseless and factitious claim.

10. What was the 15 July 2016 coup attempt? What happened after?

a) What Was the 15 July 2016 coup attempt? 175. Can Dündar, former editor-in-chief of Cumhuriyet newspaper, who was sentenced to imprisonment because of the news he published on Cumhuriyet newspaper regarding that heavy weapons were transported to Syria by MİT trailer trucks, and now, who has necessarily lived in Germany, made the following statement on 19 July 2018, the day before the end of the state of emergency: “Hello, February 27, 1933... In that evening, the German Parliament was set on fire. Hitler, who came to the government by election, had not yet completely captured the ropes of power. "He used the Reichstag fire as an excuse. He declared the State of Emergency on the next day. He suspended the constitutional rights and took all the powers and authorizations in his hand through decrees. He started a ruthless witch hunt against his opponents. He was now ruling the country by decrees and imprisoning his opponents by accusing them of being a conspirator. He went on election under these circumstances and won. There was no need for the State of Emergency anymore, because he had extraordinary powers. How familiar we are with this short history, are not we? Is it possible to not remember Germany of 85 years ago on these days when Erdoğan revokes the State of Emergency? Now we can easily say that 'July 15 is Turkey's Reichstag fire'. Erdogan made a successful coup using this failed coup attempt, immediately declared the State of Emergency, started a witch hunt against his opponents, founded a horror empire and seized the power. In the state of emergency, judicial proceedings were conducted about 450 000 people. Let's repeat the number: 450 000, that is enough to fill 10 stadiums. On the other hand, let's remind the closed associations, imprisoned parliamentarians, about 100 municipalities which trustees are appointed to, fully captured media, journalists in prison, the return of torture, more than 50 suicide cases, 130 000 dismissed public officials and the liquidation of

201 https://www.youtube.com/watch?v=4qGbdCc1AFI 63 / 68

40% of the generals in the army. Under these circumstances, the AKP made two elections in two years when the hands of the opposition parties were tied, pinned its power by winning both and changed the regime. Erdoğan does not need the State of Emergency anymore because he now has extraordinary powers that are institutionalized by the Constitution.”202 b) What happened after the 15 July 2016 coup attempt? aa) What Happened in international relations of Turkey?

176. Doğu Perinçek, the most prominent mouthpiece of the Eurosianists (anti- NATO, pro Russia) in Turkey, stated on November 2018 in Iran that, “Very valued representatives of fellowship Iran press and our brothers Iran people. I salute all of you with love and respect. We need to understand the process of what Turkey lived. Turkey is moving away from Atlantic system and USA alliance and it is taking place to original historical place at western Asia block. It means that Turkey is both a NATO member and fighting with NATO at the same time. Today, all the NATO officers which were working at NATO before 15 July 2016 stayed at USA and they did not return back to Turkey because if they return back to Turkey, they would be jailed. Last month the Turkish General Staff released a report that says, there is totally 30 000 military personnel including generals, officers, sergeants and military cadets. 30 000 personnel are either jailed or dismissed from Armed Forces. What are these 30 000? These were waste of NATO in Turkish Armed Forces, waste or cancerous structure. Turkey is wiping out this cancerous structure of NATO by an operation with knife. From here, I am addressing to Iran people and Iran administrators and western Asia public. That is right, Turkey is member of NATO but Turkey is wiping out that NATO from its body with knife. We have to notice this. Why do we notice this? Because you need to trust Turkey. From here, I am announcing to Western Asia, especially to Iran and to all humanity that Turkey will never come back to USA (NATO) again.”203

177. Briefly, after 15 July 2016, the 200 year-process of joining to the Western values (democracy, the rule of law, human rights, etc.) in Turkey was almost terminated, and the Republic of Turkey has shifted to Russia-Iran axis. The state cadres were handed over to the sympathizers or members of the AKP, a party (Patriot Party) which defines itself as neo-nationalist and socialist, and another party (the MHP) known as ultra-nationalist. bb) What Happened in Turkish Domestic Policy?

178. As stated by the Venice Commission in its report published on 13 March 2017, the principle of the separation of powers was terminated by the constitutional amendments adopted in the referendum dated 16 April 2017 in the period of the State

202 See, https://twitter.com/COSMO__ARD/status/1019831703798288384; https://www1.wdr.de/mediathek/video/radio/cosmo/video-tuerkiyenin-reichstag-yangn--der- reichstagsbrand-der-tuerkei-104.html; 203 See, https://twitter.com/aktuelturk/status/1064615593733746688 64 / 68 of Emergency,204 and a regime, where the legislative, executive and judiciary powers were dominated by just one person, was established. “… the Venice Commission finds that the proposed constitutional amendments would introduce in Turkey a presidential regime which lacks the necessary checks and balances required to safeguard against becoming an authoritarian one. … the Venice Commission is of the view that the substance of the proposed constitutional amendments represents a dangerous step backwards in the constitutional democratic tradition of Turkey. The Venice Commission wishes to stress the dangers of degeneration of the proposed system towards an authoritarian and personal regime.”205

179. To the question “Does Turkey go along the way of conforming to the conditions of USA”, which was posed on 15 January 2019 by a journalist at a television channel named “Ulusal Kanal” owned by him, Doğu Perincek, an Eurosianist and the president of the neo-nationalist and socialist Patriot Party, responded "It does not." Perinçek gave the following response to the question 'Why'? "If Turkey does so Erdogan regime falls down. Tayyip Erdogan regime does not have the freedom to play with the future of Turkey. There is a power in Turkey. After all that Turkey (the said power, added) has brought Erdogan regime to its heels after 2014.”206

180. Deputy Chairman of CHP Parliamentary Group, Özgür Özel, made the following statement on 18 January 2019: "Neither do I believe that Devlet Bahçeli is the determining actor in (domestic, added) politics, nor do I believe that Bahçeli has gone under the control of Recep Tayyip Erdogan or Erdogan under the control of Bahçeli (the President of Nationalist Movement Party). There is another separate mechanism, another dynamic, which controls all of them. Another mechanism steps in and can make the enemies who utter the gravest slurs to each other friends and buddies. Turkey's politics is controlled neither by Bahceli nor by Erdogan; it is controlled and managed by a far deeper and powerful mind by means of a scenario written by some other circles (“deep state”, added), whereby Erdogan and Bahçeli are mere actors.”207

181. Journalist Nevşin Mengü from “DW in Turkish” responded to a question on the review of 2018 by Journalist Çağlar Cilara on 7 January 2019 in TV5 channel as follows: in 2018 "We skipped to a new regime; the presidential regime. We observe at this current stage that in fact there exists no institution in Turkey. There is no institution. No institution is functioning. Decisions are taken in Turkey on every single issue according to the words coming from the mouth of one person. On every single

204 The then Prime Minister Binali Yıldırım stated in June 2018 that "the State of Emergency paved the way for the amendments in the Constitution and the transition to presidential system.". 205 Venice Commission, Opinion on the Amendments to the Constitution Adopted by the Grand National Assembly on 21 January 2017 and to Be Submitted to a National Referendum on 16 April 2017, (Opinion No. 875/2017), 13 March 2017, §§ 130 and 133. 206 https://twitter.com/DoIgorukov/status/1084919370311176192 207 https://ahvalnews-com.cdn.ampproject.org/c/s/ahvalnews.com/tr/node/35711?amp 65 / 68 issue. From who will be arrested to who will be released... Everything in Turkey is adjusted to one person. This is what Turkey has been transformed to.…”208

182. Fehmi Koru, long known to be a journalist supportive of AKP, described the situation of Turkey at the beginning of 2019 on 6 January 2019 in a program called "Agenda with Caglar Cilara" on television channel TV5 as follows: "Ak Party is still talking about democracy but there are such basic principles of democracy that are not applied in Turkey today. The rule of law; yes, it is still placed amongst the characteristics of the Republic of Turkey in the Constitution. AKP is not pretending that Turkey is a state governed by the principles of rule of law. We are now living in a Turkey in which the principles of the rule of law are not applicable. When it comes to human rights, we are now facing a situation whereby we have now almost ten times the number of inmates as we had in 2000.Turkey appears to be a country in which journalists can be put in jail. Despite the fact that they do not wish to call them journalists, there are over 100 people who are known to be journalists who are in prison at the end of the day.”209

183. The best description summing up the current political regime in 2019 Turkey was made by the Vice President of the Nationalist Movement Party (MHP), the ruling partner of AKP. Attending to a live broadcast of the TV channel named AHaber on 17 April 2019 at 18:34 pm, Yaşar Yıldırım, vice president of MHP, made the following statement regarding the CHP candidate Ekrem Imamoglu's win over the election of the Istanbul Metropolitan Municipality: “the CHP has a leader who says that “the CHP will break down the one-man regime and move on to democracy." That's the target. So, would this happen? Sure. Do they (CHP) try to do this? They try to do it. We (AKP and MHP, added) cannot allow this.”210

184. In fact, it was announced in a statement in 2013 that all this would happen. Aziz Babuşçu, one of Erdoğan's right hands, said in his statement on 1 April 2013 when he was the President of the Istanbul Province of the AKP that “those who are our stakeholders in the past 10-year period of power will not be our stakeholders in the next 10 years. Liberal groups have become our stakeholders in one way or another in the past 10 years; but the future will be the period of reorganization. This period will not be what they desire.”211 11. Why did the Gülenists support the AKP government in the past?

185. It is a fact that Gülenists had supported AKP governments and Erdoğan from 2002 until 2011, in particular. The reason for this is that the AKP government has made reforms toward getting rid of the military tutelage (the Deep State) and the anti- democratic rules.

208 https://twitter.com/MutercimlerErol/status/1082388616356208640 209 https://twitter.com/caglarcilara/status/1081941347517587457 210 “MHP's “one man” confession: The CHP wants to bring democracy!” https://mobile.twitter.com/tr724com/status/1118847040946155521. 211 See http://www.milliyet.com.tr/yazarlar/melih-asik/useful-idiots----1692493/ ; https://www.cnnturk.com/2013/turkiye/03/31/ak.partili.babuscudan.ilginc.degerlendirme/702371.0/in dex.html 66 / 68

186. In a debate aired on 11 October 1991 on TRT, to which all political party leaders participated (Süleyman Demirel, Bülent Ecevit, Mesut Yılmaz, Erdal İnönü, Necmettin Erbakan ve Doğu Perinçek), the Chairman of the then-Socialist Party, Doğu Perinçek described the Turkey of 1990s as follows: “The state has become the most prominent terrorist. The state has illegalized. State forces abduct and hold people in the mountains and then they shoot them. [They] abduct Hilal Mayor Yakup Kara with his five friends and execute him 100 metres ahead. … Look I have proof, I have “apprehend and kill” orders at hand from 1986. I have the originals as well, they brought these from Istanbul via fax. I gave these to Adnan Kahveci. It openly says to “apprehend and kill”. It is signed. They have labelled citizens with green, red and yellow colors. This is the state of the government. Today, the state terrorizes with its counter-guerillas, so on so forth. … We are forcing villagers to eat their own feces, flagging them, torturing, 650,000 citizens in some form of detention.”212

187. The Gülen Movement supported the AKP government as long as they continue making reforms toward joining the European Union and improving human rights and democracy.213 However, as a result of the referendum on 12 September 2010, the number of members of the Constitutional Court was increased and the risk of closure of the AKP by this court was eliminated. As soon as Erdoğan was freed from this danger, he was expected to make more comfortable democratic reforms; but on the contrary, he began to take steps to take the country to the one-man regime since 2011 general elections. As much as known by the public, Erdoğan sent the Undersecretary of the MIT twice to Pennsylvania, where Gülen lives, and wanted him to ask Gülen for his support to the Presidential Regime (in fact, the one-man regime). Gülen stated that they were totally opposed to such a one-man regime and sided with the development of the democratic regime in Turkey. Erdoğan did not like this answer. So, it is understood that the first divergence between the Gülenists and Erdoğan was in this context in 2011-2012.

188. In short, in the period when the Gülenists had supported the AKP, liberals and left-wing liberal groups in Turkey and also many European circles had supported the AKP government because had been doing many democratic reforms towards full membership of Turkey in the European Union. Conclusion

189. In conclusion, operations against the Gulen movement and its perceived supporters ongoing since mid-2014 are not stemming from law, but rather politically- motivated. The Gulen movement was declared a “terrorist organization” 50 days before the coup attempt, with a State Security Council decision on 26 May 2016, not because it resorted to violence but because Mr Erdogan demanded so. The coup attempt on 15 July 2016 was used, maybe planned, to convince domestic and

212 https://www.youtube.com/watch?v=niqVS6ovS68, https://www.youtube.com/watch?v=B8HIdUnHwkk 213 The majority of jurists and bureaucrats who drafted constitutional and legal amendmends believing in the for them, within the framework of EU membership negotiations framework are either purged, placed in pre-trial detention or convicted in the aftermath of 15 July 2016. 67 / 68 international community that the movement is a terrorist organization. While it seems to be successful in this regard in terms of domestic public opinion, it is hard to argue that the same level of success has been achieved in international public opinion.

190. On 8 November 2018, the government issued an official document to a British court through the Embassy of London about the proceedings concerning the extradition of Hamdi Akın İpek, a businessman whose more than $5 billion assets were confiscated and whose 2 television channels, 1 radio channel and 2 newspapers were closed in 2015 by the AKP government. In this document, the government denied the decisions of the Turkish courts (the verdicts of conviction only based on using ByLock, depositing money in Bank Asya and witness testimony) and tried to prove that the Turkish judiciary was conducting a fair trial.214 However, the Turkish Government denied the contents of this document on 3 December 2018, after this document was published in the media on 1 December 2018.215 The documents or explanations of a Government, which even deny the document submitted by its embassy to another country's court through the Ministry of Foreign Affairs of that country, are no more 100% reliable. This fact is sufficient for all official statements and documents issued by the AKP government to be suspected.

191. It is understood that the principal aim and main result of the coup attempt on 15 July 2016 was to eliminate bureaucratic opposition (proponents of Western democratic model), predominantly in the military, to create a “one-man rule”. With the Constitutional Referandum on 16 April 2017 demonstrates this plan was also successful. It is observed that as a result of this referendum, Turkey alienated from the Western bloc characterised by democratic regimes based on separation of powers and shifted towards authoritarian and dictatorial regimes’ bloc.

15 July 2019

214 For the document and its contents, see https://twitter.com/akinipek01/status/1069146055709728769 https://twitter.com/akinipek01/status/1068126192803479552. 215 https://www.sabah.com.tr/avrupa/2018/12/03/adalet-bakanligindan-akin-ipek-hamlesi-inceleme- baslatildi 68 / 68