What Is My Crime What Is My Crime

WHAT IS MY CRIME WHAT IS MY CRIME

This book contains the verbal deposition and cross-examination of the internationally renowned Turkish Scientist, Professor Doctor Mehmet Haberal, given in front of the judges he was brought before, for the ﬁ rst time after having been arrested for 357 days, on charges of, “founding and heading a terrorist organisation.”

During the course of his deposition, Professor Doctor Haberal felt unwell on a few occasions and could only continue his defence and cross-examination after the intervention of his doctors. ORAL SILIVRI DEPOSITION PROFESSOR MEHMET HABERAL’S ? The court transcript for the legal process of this scientist and scholar, who is still asking and wondering what his crime is, is presented as a gift and valuable source of research to the universal history of law…

WHAT IS MY CRIME WHAT PROFESSOR MEHMET HABERAL’S ORAL SILIVRI DEPOSITION WHAT IS MY CRIME?

Professor Mehmet Haberal’s Oral Silivri Deposition Edited by Mete Akyol Prepared for Printing by May Yapım Printed by Can Matematik Yayınları Certiﬁ cate Number: 17077

Short excerpts can be taken provided correct referencing is adhered to. This publication cannot be reproduced or transmitted without obtaining prior permission.

ANKARA 9 September, 2011 This book is a gift to the public from Professor Doctor Mehmet Haberal, Founding Rector of Başkent University. It consists of the ofﬁ cial record of proceedings relating to his oral deposition and cross-examination, along with his lawyers’ defence statements, given at Istanbul’s 13th High Criminal Court, under Docket Number 2009/191, for two days between 5 and 6 April 2010. Professor Doctor Mehmet Haberal has been under arrest from 13 April 2009 to date, in the absence of any legal basis and deprived of his freedoms. This court hearing was held for the ﬁ rst time 357 days after his arrest. He gave his deposition from Istanbul University’s Cardiology Institute, where he was hooked to a monitor, in the care of doctors and nurses.

WHAT IS MY CRIME?

Professor Doctor Mehmet Haberal’s Oral Deposition Given at Silivri

Lawyer Köksal Bayraktar

Lawyer Lawyer Dilek Helvacı Belgin Özersin

Lawyer Lawyer Lawyer Serdar Özersin Yasemin Antakyalıoğlu Efsun Ünal

This book is a compilation of the ofﬁ cial court transcript for Professor Doctor Mehmet Haberal’s deposition and cross-examination, held at the Istanbul 13th High Criminal Court Trial, Docket Number 2009/191.

3 Biography of Mehmet A. Haberal MD, FACS (Hon), FICS (Hon)

1944 Born in Subaşı, a village Hacettepe University in the Pazar district of the Hospital, Department of Province of Rize, Turkey General Surgery, July 1967 Graduated from Ankara Performed the ﬁ rst University Medical living-related kidney School, Ankara, Turkey transplantation in Turkey, 1971 Conferred title of General transplanting a graft from Surgeon Specialist, a mother to her 12-year- Hacettepe University, old child; Hacettepe October University Hospital, Department of General 1973 Served as a Fellow at the Surgery, November 3 Shriner’s Burns Institute and the John Seally Elected as the National Hospital in Galveston, Representative for the Texas, USA International Society for Burn Injuries (ISBI) 1974-75 Served as a Fellow at the Colorado University 1976 Conferred title of Medical School Associate Professor Transplantation Center, of General Surgery, January 1, 1974 to June Hacettepe University 30, 1975 1978 Performed the ﬁ rst 1975 Established the Burn and cadaver-kidney Transplantation Unit at transplantation in Turkey

4 with an organ provided by the Turkish Organ Eurotransplant, October Transplantation and Burn 10 Foundation, March 12 1979 Key player in the Conferred title of Full passage of Parliamentary Professor of General Law 2238, enacted Surgery, Hacettepe June 3, 1979, which University validated regulations Chosen to be both a concerning the harvesting, member of the Executive storage, grafting, and Committee and the transplantation of organs representative for the and tissues Eastern Mediterranean Performed the fi rst Area for the ISBI domestic cadaver-kidney 1983 Organized the fi rst transplantation in Turkey, scientifi c transplantation with an organ from a meeting in Ankara, Turkey citizen who had died in a traffi c accident, July 27 Conducted unprecedented research trails on organ Organized the fi rst cold ischemia time; meeting of the National fi rst case in the medical Burn Congress in Ankara, literature of a successful May 26-27 cold kidney organ 1980 Established the Turkish ischemia time of up to 111 Organ Transplantation hours and Burn Foundation, Awarded the Sedat Simavi September 4 Foundation award for 1982 Enacted Law 2594, added outstanding medical to Law 2238, which contributions included new articles 1984 Founding member of the enabling cadaveric organ Mediterranean Burns transplantation without Club Established the consent of the next of kin, Middle East Dialysis and for persons who have died Organ Transplantation in car accidents or natural Foundation (MEDOTF) disasters, and those whose to facilitate organ sharing relatives cannot be found, and procurement in the January 21 Middle East Established the fi rst 1985 Organized the fi rst hemodialysis center meeting of the Middle in Ankara through East Dialysis and

5 Organ Transplantation transplantation in Turkey Foundation, Istanbul, and the region, December 8 Turkey, November 17-20 1989 Established the Adana Established the Turkish Dialysis Center Organ Transplantation and Burn Foundation Hospital 1990 Founder and President in Ankara, Turkey, of the Turkish September 16 Transplantation Society, October Received the Everett Idris Evans Memorial Award Performed the fi rst from the American Burn pediatric Association segmental living-related liver transplantation in 1986 Elected as Associate Turkey, the region, and in Secretary General of the Europe, March 15 ISBI Performed the fi rst adult Established the Is tanbul segmental living-related Dialysis Center, February liver transplantation in the Established the Haberal world, April 24 Educational Foundation, 1992 Performed combined liver- September kidney transplantation Accepted as a Fellow of from a living-related the American College of donor, the fi rst operation Surgeons (FACS) of its kind anywhere in the 1987 Founder and President of world, May 16 the Middle East Society Conferred membership in for Organ Transplantation the New York Academy of (MESOT) Sciences Organized the fi rst 1993 Established Baskent Regional Eastern University* under the Mediterranean Burn aegis of the Turkish Meeting in Istanbul, Organ Transplantation Turkey and Burn Foundation and 1988 Organized the fi rst the Haberal Educational meeting of the Middle Foundation East Society for Organ Opened Başkent Transplantation in Ankara, University Physical Turkey, November 2-4 Therapy and Performed the fi rst Rehabilitation Center in successful cadaver-liver Ankara, Turkey

6 1994 Opened Başkent University College University Zübeyde (preschool to high school Hanım Teaching and levels) in Adana, Turkey Medical Research Center Opened a new Başkent in Izmir on September 3 University Hospital 1995 Established the Turkish building in Ankara, Burn and Fire Disaster November 20 Society in Turkey Established the Transplant 1998 Opened Başkent Games Society, April 20 University Dialysis Center 2002 Opened Başkent in Yalova, Turkey, the ﬁ rst University Adana Seyhan medical facility of this Hospital, Adana, Turkey type devoted to servicing a smaller rural community Established the Society of in Turkey, June Clinical and Experimental Research, January 14 Opened the Başkent University Hospital in 2003 Honorary Fellowship in Adana, Turkey, June the American Surgical Association (ASA) Established the Middle East Burn and Fire Opened Başkent Disaster Society University Konya Hospital, Konya, Turkey 1999 Opened Başkent University College 2004 Member of the Academy (preschool to high school of Surgical Research levels) in Ankara, Turkey (Turkey 2000 Opened the Başkent Representative) University Hospital in Launched a TV channel, Alanya, Antalya, Turkey, “Channel B,” a radio July channel, “Radio Baskent,” Received the Millennium and a news agency, Medal for recognition “Baskent News Agency” of contributions to the Elected President-Elect of development of organ the International Society transplantation in Turkey for Burn Injuries (ISBI) and throughout the world in 2004 in August, in by the International Japan. The Presidential Transplantation Society in term of ofﬁ ce will begin in Rome, August September 2006 and end Opened Başkent in 2008

7 2005 Honorary Fellowship in Term of ofﬁ ce will began the International College in September 2006 and of Surgeons (ICS), Prague, ends in September 2008, September Fortaleza, September 2006 Elected as Councilor Given Lifetime for The Transplantation Achievement Award Society Global Region, by Kuwaiti Minister of Middle East and North Health, Shaikh Ahmad Africa, May 4 Al-Abdulla Al-Sabah, Honorary Doctorate in November 26 the Azerbaijan Medical 2007 Organized the First University, May 15 Meeting of the Society of Conferred the title of Innate Immunity, Ankara, Honoris Causa (Doctor May 13-15 of Science – D. Sc.) by the University of Karachi, Organized New Key Pakistan, Karachi, May 15 Opinion Leader Meeting of the Transplantation Visiting Professor, The Society, Ankara, July 1-7 Johns Hopkins Hospital th and the Massachusetts Organized 9 Meeting General Hospital, of the Turkish Massachusetts, May 15-23 Transplantation Society, Ankara, July 4-6 Elected as President of the Middle East Burn Organized Symposium and Fire Disaster Society on Surgical Education (MEBFDS), June and Quality, Ankara, September 17 Granted Honorary Membership by the Organized International Board of Directors of College of Surgeons Brazilian Burn Society European Federation (Sociedade Brasileira Turkey Section Meeting, de Queimaduras, SBQ), Antalya, October 18-19 September Received an Award from Elected to membership in The First National Burns the International Surgical Week in Dubai, November Group 4 Began term of President Established a Liaison of International Society Ofﬁ ce in Munich, for Burn Injuries (ISBI). Germany

8 2008 Received an Award for Awarded Honorary Medical Contribution Membership of the Czech to Organ Donation and Medical Association Kidney Transplantation by the President of the from Prince Abdulaziz Bin Association, Prof Radana Salman of Saudi Arabia, Königova, Prague, Jeddah, February 18 September 30 Received an Award for Awarded a plaque as Medical Contribution to Guest of Honor from the Organ Donation and Liver Sindh Institute of Urology Transplantation from and Transplantation, Prince Raad Bin Zeid of Karachi, October 23 Jordan, Amman, March 13 Attended the 11th Invited to be a Visiting Congress of the Middle Professor at the University East Society for Organ of Washington, in Seattle, Transplantation as the Washington, USA. The guest of honor. Received two day program, in an Award as the founder honor of Prof. Haberal, and constant supporter consisted of a one day of the Society and for symposium on Organ his Medical Contribution transplantation at the to Organ Donation and University of Washington Transplantation. In Transplant Center, and a addition, he was awarded one day symposium on the Honorary Membership of treatment of burns at the the Academy of Medical Harborview Burn Center. Sciences of Iran. Shiraz, He was presented with the November 19 University of Washington During the 36th World Visiting Professorship Congress of the award, Seattle, September International College 4-5 of Surgeons, held at the At the conclusion of his Vienna City Hall, the term as President (2006- previous president of the 2008) of the International College, Prof Nadey S. Society for Burn Injuries, Hakim received honorary received an award for his membership. After his valuable services speech he invited Prof. and his contributions to Haberal, who received the Society, Montreal, honorary membership September 10 in 2005, to join him on

9 stage, and in front of an Burn Injuries by President audience of 200 people, of the Society, Dr. Ronald while indicating a picture G. Tompkins, June 24. of Mustafa Kemal Atatürk Awarded Honorary on the screen, he thanked Fellowship of the and congratulated his American College colleague Prof. Haberal, of Surgeons (FACS), a man who was raised by Washington DC, October the principles of Atatürk 2. and who has become the world’s leading transplant OTHER surgeon, Vienna, ACHIEVEMENTS TO December 4 DATE: 2009 Awarded a plaque as As of December 31, Guest of Honor at the 2009, had performed Congress of the Asian 1832 renal and 344 liver Society of Transplantation, transplantations Beirut, October 2 Organized 22 national and Selected by the Honors international scientifi c Committee of the Board of meetings in Turkey Regents of the American Currently, a member of 35 College of Surgeons to national and international receive the Honorary medical societies Fellowship of the College Recipient of 26 national at the Clinical Congress, and international awards which will be held in in medicine Washington D.C. in October 2010. Author of 1428 Turkish and English scientifi c th 2010 Organized the 15 publications, 2 English Meeting of the and 4 Turkish books International Society for Burn Injuries, 21-25 EDITORSHIPS: June 2010, in Istanbul, Editor-in-Chief of the Turkey. The Congress also medical journal, Dialysis, marked the occasion of Transplantation and Burn, the 50th Anniversary of the the offi cial journal of the Society. Turkish Transplantation Awarded Honorary Society and the Turkish Membership of the Burn and Fire Disaster International Society for Society Editor-in-Chief of

10 Experimental and Clinical Guest Editor of Transplantation, the Transplantation ofﬁ cial journal of the Proceedings, 2005: Edited MESOT, indexed by the proceedings of the MEDLINE/PubMed, IXth Congress of the EMBASE MESOT Guest Editor of Guest Editor of Transplantation Transplantation Proceedings, 1996: Proceedings, 2006: Edited Edited the proceedings the proceedings of the 8th of a meeting that Meeting of the Turkish commemorated the 20th Transplantation Society anniversary of the ﬁ rst Guest Editor of transplantation in Turkey Transplantation Guest Editor of Proceedings, 2008: Edited Transplantation the proceedings of the 9th Proceedings, 1998: Edited Meeting of the Turkish the proceedings of the 4th Transplantation Society Congress of the Turkish Editorial Board Member Transplantation Society of the International Guest Editor of Medical Journal Transplantation Editorial Board Member Proceedings, 2000: Edited of the Urology Journal the proceedings of the 5th Congress of the Turkish Editorial Board Member Transplantation Society of the Journal of Investigative Surgery Guest Editor of Transplantation Editorial Board Member Proceedings, 2002: Edited of Clinical Transplantation the proceedings of the Editorial Board Member Joint Meeting of the of Transplantation Turkish Transplantation Proceedings Society and Eurotransplant International Editorial Guest Editor of Board Member of the Transplantation Journal of Burn Care and Proceedings, 2004: Edited Rehabilitation the proceedings of the Advisory Board Member Joint Meeting of the of Saudi Journal of Turkish Transplantation Kidney Diseases Society and Eurotransplant International Board of

11 Consultant of the Archives surgeon of Iranian Medicine In Media Editorial Board Member • A TV channel, Channel B of Journal of Burns and Wounds • A radio channel, Radio Baskent Editorial Review Board Member of American • A news agency, Baskent Journal of Disaster News Agency Medicine In Tourism *BASKENT • 2 luxury hotels (1 is a spa) UNIVERSITY In Production Instituted the following: • 2 holdings and more than In Education 20 companies 11 faculties (including • Baskent University faculty of medicine) Transplantation and • 7 institutes (including Genetic Sciences Institute Transplantation and Integrated Facilities: Genetic Sciences Institute) • A milk production factory • 6 vocational schools • An experimental animal • 1 preparatory school breeding center (pig, rat, rabbit, hamster, guinea • 2 colleges pig) In Health • A large agricultural farm • 10 hospitals (all with • A cow farm dialysis centers) • A quail farm • 6 additional independent dialysis centers (all of • A bee farm which are located in cities Textiles throughout the country) • Textile workshop • A liaison ofﬁ ce in Munich, • Work clothes shop Germany, which is being represented by Prof. Chemicals Walter Land, transplant • A dialysis solution factory surgeon Others • A liaison ofﬁ ce in London, • A gas station UK, which is being A woodworking shop represented by Prof. • Nadey Hakim, transplant • An ironworks

12 Professor Doctor Mehmet Haberal’s Oral Silivri Deposition

(05 – 06 April 2010)

13 Republic of Turkey Istanbul, 13th High Criminal Court According to Clause 250 of the Criminal Procedure Law

Minutes of the Court Hearing

Docket Number: 2009/191

Hearing Number: 50

Date of Hearing: 05 April 2010

Presiding Judge: Köksal Şengün 20909

Second Judge: Hasan Hüseyin Özese 28298

Third Judge: Sedat Sami Haşıloğlu 37266

First Prosecutor of the Republic: Mehmet Ali Pekgüzel 33954

Second Prosecutor of the Republic: Nihat Taşkın 36924

Clerk to the Court: Ali Doğan 128041

14 The hearing, dated 5 April 2010, serious state of health, he has is convened by the Presiding Judge, been receiving treatment in the Justice Köksal Şengün, Justice Cardiology Institute of Istanbul Hüseyin Özese and Justice Sedat University. Based on reports Sami Haşıloğlu. presented by his doctors and lawyers, his situation is believed The detained defendants, to be life-threatening and despite excluding Levent Ersöz, Fatih continued treatment his medical Hilmioğlu, Oğuzhan Sarıoğlu, condition is worsening on a daily Oğuz Bulut, Durmuş Ali Özoğlu, basis, with the potential risk of Cengiz Köylü, were escorted from sudden death. Further to these prison. They take their places medical reports and advice from before the court, free of handcuffs. his doctors, an interlocutory The following defendants and injunction was passed on 29 March lawyers are observed entering 2010, allowing his deposition to and taking their places in the be divided into segments lasting a courtroom: Defendants Ahmet maximum of one hour each. Hurşit Tolon and Emin Şirin, and It is also understood that it has Ahmet Tuncay Özkan’s, Mesut been decided for the defendant Özcan’s and Hüseyin Nazlıkul’s Professor Mehmet Haberal’s defence counsel Gizem Duygu deposition to be taken via video Öcalan; defendant Mehmet conferencing. The set-up of the unit Haberal’s defence counsels Köksal has been completed and the whole Bayraktar, Yasemin Antakyalıoğlu courtroom connects to Istanbul and Efsun Ünal; defendant Ahmet University’s Cardiology Institute. Hurşit Tolon’s defence counsel İlkay Sezer; defendants Durmuş Defendant Professor Mehmet Ali Özoğlu, Hatice Bahtiyar, Erol Haberal, with his defence counsels Mütercimler, Yaşar Oğuz Şahin Serdar Özersin, Belgin Özersin and Ibrahim Şahin’s defence and Dilek Helvacı, is ready for counsel Şule Gökyay Ağazade his deposition. They are also and defendants Fatih Hilmioğlu accompanied by Hüsnü Çalmuk, and Tanju Güvendiren’s defence who has been appointed Deputy counsel Tarık Kale. Judge, to ensure that the proceeding in the defendant’s location movse Due to the detained defendant, forward within the laws and Professor Mehmet Haberal’s regulations of the court.

15 The defendant, Professor Presiding Judge: Is that the Mehmet Haberal’s deposition village of Subaşı? begins. Professor Haberal: Yes, it is Presiding Judge: Sir, can you Subaşı village. hear me? Presiding Judge: Can you Defendant Professor Mehmet please tell me your residential Haberal: Yes, I can hear you. address?

The court moves on to identify Professor Haberal: Fevzi the defendant. Çakmak Road, 10th Street, Number 45, Bahçelievler – Ankara Presiding Judge: Defendant Mehmet Haberal, what is your Presiding Judge: Are you father’s name? married? Single?

Professor Haberal: Yaşar Ali. Professor Haberal: Single, Your Honour. Presiding Judge: Mother’s name? Presiding Judge: Children?

Professor Haberal: Medine. Professor Haberal: Four.

Presiding Judge: Your date of Presiding Judge: Level of birth? Education?

Professor Haberal: 1944. Professor Haberal: Doctorate.

Presiding Judge: Is it correct Presiding Judge: Your current that your full date of birth is 01 July employment? 1944? Professor Haberal: I am a Professor Haberal: Yes, it is medical doctor, Your Honour. correct, Your Honour. Presiding Judge: Where do you Presiding Judge: Where are you practice? registered in Turkey? Professor Haberal: In Ankara. Professor Haberal: Pazar – Başkent University’s Ankara Rize – Subaşı. Hospital.

16 Presiding Judge: What is your Presiding Judge: The monthly income? indictment issued against you has been communicated to you. You Professor Haberal: have received the indictment with Approximately 10,000. the attached ﬁ les, have you not? Presiding Judge: You are Have you received them in CD currently working. Do you also form and as hard copy? receive a pension? Professor Haberal: Yes. Yes, Professor Haberal: Yes, Your Your Honour. I have read them all. Honour. I do receive a pension. I Presiding Judge: Now, I would retired from Hacettepe University’s like to read the section relating to Faculty of Medicine and I currently you, in summary. work within the hospitals of Başkent University. Professor Haberal: I am listening, Your Honour. Presiding Judge: Can you please give me your mobile Presiding Judge: In this telephone number? indictment you are being charged with the following: Professor Haberal: 0532 234 81 30 Leading an illegal organisation and with the use of force and Presiding Judge: Is this coercion, attempting to abolish telephone number registered in the Grand National Assembly of your name? Turkey and prevent it from fully or Professor Haberal: Yes, Your partially carrying out its functions. Honour. Attempting to remove the Presiding Judge: Is the monthly Executive Authority with the use of income you mentioned only for force and coercion. your employment as medical In these charges, there are professor at the university? Do you accounts of certain individuals have any additional income? relating to the time you were Professor Haberal: Yes, Your involved in the treatment of Honour. I also receive my monthly Prime Minister Bülent Ecevit pension. at a university hospital. These

17 individuals claim that you carried of these conversations have been out incorrect treatment and included in the indictment as these claims are supported by conscious and intentional activities documentation and data. promoting disinformation on The Ergenekon Armed Terrorist Can you still hear me? Organisation. Additionally, it is Professor Haberal: Yes, Your claimed that the use of associations Honour. I can hear you. advocating the ideals of Atatürk were assigned for the same Presiding Judge: In the purpose. section relating to the evaluation of evidence and legal status, Furthermore, two of your it states that you have been in telephone conversations with communication with the following Bedrettin Dalan on 9 January individuals, suspected of high 2009 and 11 January 2009 have level involvement in the set-up of been included in the indictment, an armed terrorist organisation: demonstrating your connection to Mehmet Şener Eruygur, Doğu the absconded defendant. These Perinçek, Ahmet Hurşit Tolon, conversations you had expressed İlhan Selçuk, Kemal Yalçın his discomfort surrounding the Alemdaroğlu, Tuncay Özkan, Ergenekon investigation. Mustafa Özbek and Tuncer Kılınç. Likewise, a telephone In the same section, it also states conversation between Kemal that you have been in contact Alemdaroğlu and Erdoğan Teziç with the following individuals on 8 January 2008 was obtained. accused of orchestrating the media During this conversation, there and communication of the terror was mention of rallies organised organisation: Mustafa Ali Balbay, in the name of “Respect for Güler Yıldız and Ercüment Ovalı. the Republic”. The allegation During this time, to the same attributed to yourself is related to effect, there have been phone this particular phone conversation. conversations between Mehmet According to the “Republic Şener Eruygur and Mümtaz Soysal Working Group’s” decision, it on 13 February 2008 and between appears that in addition to the Ahmet Hurşit Tolon and Sinan demonstration mentioned above, Aygün on 11 March 2008. Both some university rectors, at different times, have made public statements

18 against the Executive Authority Perinçek and an individual “X” of this country. Through these is covered in the indictment. As statements, they have aimed to rally part of the same subject matter, public opinion in efforts to create concerning you above, it is the foundation for a coup. understood from this conversation that this individual is directly It is claimed that the suspected involved in trying to integrate the individual is a university rector divisions known as the “National and has his own television channel, Forces”. Within this same enabling him to carry out activities conversation, Doğu Perinçek has in support of the objectives of stated, “That is different. Bringing the Ergenekon Armed Terrorist all the national forces as a political Organisation, as well as taking part solution…” It is claimed that this in the planning of operations by objective of the Ergenekon Armed the organisation. It is also claimed Terrorist Organisation would be that this suspect has participated in achieved by combining the other attempts to overthrow the executive units under the control of the and legislative bodies of the organisation, with the assistance country and that he has an active of civilian accomplices and media role within the Ergenekon Armed accessories. Terrorist Organisation. The organisation is involved Furthermore, your phone in a movement attempting to conversation with Ahmet Hurşit overthrow the government of the Tolon on 11 June 2008 is also Republic of Turkey, through what included. During this conversation, they have labelled the “National it is of signiﬁ cance that Ahmet Forces” – a partnership between Hurşit Tolon, a former army public movement, national union general, tells you, a civilian, that he of forces within the parliament, would “come running to see you, national media and members of the even if you called him at three in Turkish army – using coercion and the morning”. It has been asserted violence. that this implies an organisational and hierarchical relationship Turkish governments have been between the two of you. overthrown in the past and rendered partially or fully incapacitated to Again, on 4 February 2008, carry out their functions, through a conversation between Doğu a similar use of manipulation and

19 combined forces. on 27 March 2008 and another phone conversation between The indictment also states that yourself and Abdüllatif Şener on some members of the organisation 16 December 2008. In the same are fairly experienced in this way, the indictment contains regard. For instance, according to telephone conversations you have the indictment, İlhan Selçuk was had with Hüsamettin Özkan on 30 arrested in 1970 under the same November 2008, with Mustafa S. allegations and Doğu Perinçek on 16 November 2008 and with was tried a number of times for the Osman Nahit D. It is claimed that same crimes. these phone conversations with Again, within the same these individuals point to the fact topic, there is a statement in the that you hold a senior position indictment regarding efforts to within the decision-making body re-organise Cumhuriyet Daily of this hierarchically structured Newspaper. According to this organisation. statement, decisions taken by Furthermore, the indictment Ergenekon Organisation, have makes claims, in relation to you, been quoted as, “within small scale that the organisation has conducted institutions, it will be easier to start senior-level recruitment efforts long and adventurous relationships under the leadership of İlhan with the businessmen”, have been Selçuk and held political meetings executed in the following years. at Kent Hotel and Patalya Hotel. Within the indictment, there is a In support of these claims, the claim that it is understood that the indictment contains a testimony suspected Mehmet Haberal plays by Engin Aydın and a phone role within the Council of Media conversation on 26 April 2008 Financing in the Ergenekon Armed between Ahmet Hurşit Tolon and Terrorist Organisation. Nedim M. Additionally, there is In the indictment, under also a testimony by Hasan Ataman the heading, “Efforts to Steer Yıldırım and a statement made by Political Parties”, there are the suspected Muhittin Erdal, also notes in your diary regarding an included within the indictment. email concerning Orhan Tunç, a In addition, amongst the telephone conversation between allegations made against you, there Hurşit Tolon and Turan Çömez are two phone conversations - on

20 14 February 2008 between İlhan rallies and other rallies with Selçuk and İsmail Yıldız and on 3 banners calling “The Army to March 2008 between İlhan Selçuk Duty”. and Alev Coşkun – relating to activities attempting to control the It is further claimed that media. The same section of the Mehmet Haberal has gathered indictment also contains a phone numerous political leaders in the conversation made between Mesut aim of steering them towards the Özcan and Tuncay Özkan on 2 goals of the Ergenekon Armed May 2008, an additional phone Terrorist Organisation and that in conversation on 10 February 2008 telephone conversations, he has between İlhan Selçuk and a woman talked of the necessity to topple “X” and on 19 February 2008, a the government. In a conversation conversation between İlhan Selçuk, with Mehmet S., Mehmet Haberal Woman “X” and Balbay. has instructed him to, “do away with political disagreements until The indictment claims that the bridge has been crossed.” these conversations point to the fact Additionally, it is alleged that the that the television channel which, same individual has said to Mehmet Mehmet Haberal afﬁ rms is owned Haberal, “I will become Prime by him, would emit joint broadcasts Minister, but you will always be my with the other television channels, Prime Minister.” mentioned in the document, which are headed by İlhan Selçuk, as This, combined with the fact appointed by the senior committees that Ahmet Hurşit Tolon, who was within the organisation. It is a general in the army, had told claimed that the intention of these Mehmet Haberal, “All you have joint broadcasts is to manipulate to do is call me and I will be at and rally public opinion towards the your door even at 3 am” all point goals of the organisation. to the fact that Mehmet Haberal is suspected of being in the decision- It is also claimed that the making echelons of the Ergenekon suspected Mehmet Haberal has Armed Terrorist Organisation. been collaborating with other Moreover, it is understood that he is university rectors in order to carry effectively involved in attempts to out the decisions of the “Republic bring down the country’s legislative Working Group”, in participating and executive bodies and to render in the “Respect for the Republic” their functioning fully or partially

21 incapacitated. Presiding Judge: We can see from here that the doctors attending As a result, it has been to your medical requirements are requested that Mehmet Haberal also present with you, as well be punished according to Clause 5 as our appointed judge who is of Law number 3713 of Turkey’s overseeing the court proceedings Counter-Terrorism Laws and from the hospital. according to clauses 53, 58, 59 and 63 of the Laws of the Republic of Professor Haberal: Yes. Yes, Turkey for the following crimes: they are.

Guilty of acting as head of Presiding Judge: You have the Ergenekon Armed Terrorist the right to comment or to remain Organisation, as defi ned in Clauses silent regarding these charges 314/1 of the Laws of the Republic made against you. You also have of Turkey; the right to gather any evidence in your favour. The indictment has Guilty of attempting to now been read to you. Have you overthrow the Grand National prepared your defence? Are you in Assembyy of the Republic of a position to deliver your defence? Turkey and rendering its role fully or partially incapacitated, with the Professor Haberal: Yes, Your use of violence and coercion, as Honour. defi ned in Clause 311/1 of the Laws of the Republic of Turkey; Presiding Judge: You may start. We are listening. Guilty of attempting to topple the executive body of the Republic Professor Haberal: Thank you, of Turkey, with the use of violence Your Honour. When I was brought and coercion, as defi ned in Clause to the counter-terrorism unit in 312/1 of the Laws of the Republic Istanbul, I was asked the same of Turkey. question. When they told me that I could use my right to remain silent. Can you still hear me? You are I told them, “to the contrary, I will still listening, are you not? use my right speak”. Now, I will say the same thing here. I will use Professor Haberal: Yes, Your my right to speak. Thank you. Honour. Thank you. Your Honour, before I start my

22 defence, I would like to extend Turkey and I am proud of this. my gratitude to Mr Kemal Aydın, Ms Neriman Aydın, Mr Mehmet For this reason, it is erroneous Ali Çelebi and Mr Hamza Demir, to refer to the Başkent University, despite not knowing me personally that belongs to Mehmet Haberal; and despite they themselves being Channel B, that belongs to Mehmet detained, for their exemplary Haberal and the hospitals that kindness towards me during my belong to Mehmet Haberal. I want trial and ill-health. I will not forget to clarify this from the beginning. them for as long as I live.

Neither Başkent University nor Channel B belong to me, or to any of my family members, or to any of my friends who have worked with me. These establishments have been created for the Republic of Turkey and for the people of Turkey and I am proud of this.

Your Honour, I would like Your Honour and honourable to start by correcting a common members of the court, on 20 misunderstanding in existence. It January 2010, through the is correct that, with the help of His intermediary of my lawyers I had Almighty, I established Başkent presented my written defence to University. It is also true that I set- the court. During the two and a half up the television channel, Channel months which have elapsed since, B. With the help of friends, I built I believe that you have perused up all the facilities of Başkent it. For this reason, I will start by University. However, none of these providing a brief summary. establishments belong to me, nor to any of my family members, nor to I deny all the charges being any of my friends who have worked made against me. Like other with me. These establishments citizens of this country, I heard have been created for the Republic of my alleged connection to the of Turkey and for the people of Ergenekon Terrorist Organisation from the media. In order to

23 create an association between Newspaper’s Headquarters; the this organisation and myself, assassination of the supreme completely unrelated issues have court magistrate, Mustafa Yücel been brought together, in an Özbilgin; the 27 hand grenades imaginary fashion, totally removed conﬁ scated in Ümraniye and the from reality and with no legal basis. 12 hand explosives seized in an This has led to a grave accusation, operation carried out in Eskişehir. depriving me of my rights, The court claimed that there was seriously damaging my health and strong evidence that these events resulting in my detainment for the were attributed to The Ergenekon past 356 days. Terrorist Organisation and that my mobile telephone number was also

Therefore, unfortunately, the telephones of Başkent University and Ankara Hospital were being listened to without legal permission.

Now, I will return to the implicated in the establishment beginning, Your Honour. On 17 of this organisation, resulting my st October 2008, the 1 High Criminal telephone being tapped a second Court took the decision to tap my time. mobile telephone number 0532 234 81 30, in order for the investigation However, it was not only my to come to light, to determine the 0532 234 81 30 mobile number, nature of the suspicions and to but also my ofﬁ ce landline (212 21 exhaustively collect evidence. 94) in Başkent University that was being listened to, although, there Then, on 14 October 2009, as was no legal basis on this decision. per the request of the prosecutor, this time the 13th High Criminal Consequently, further to my Court requested to extend the lawyers’ request to the 13th High wiretap on my telephone. This Criminal Court and as a result of decision follows the following the prosecution’s investigation on events: The attack by an armed this issue, it was established that organisation on three times there was no wiretap decision taken bombed, Cumhuriyet Daily by Istanbul Police Headquarters’

24 Counter-terrorism Unit, or by its send a notifi cation to Istanbul Fight Against Organised Crimes Police Head quarter’s Fight Unit. This was communicated to Against Organised Crimes Unit the 13th High Criminal Court, by and the Counter-Terrorism Unit. the Prosecution. Consequently, at 7 am on 13 April, the concerned offi cers from Ankara Therefore, unfortunately, the Police Headquarters’ Counter- telephones of Başkent University Terrorism Unit come to my home and Ankara Hospital were in Ümitköy. As I am unaware of being listened to without legal this decision, I am preparing to go permission. to the hospital, when my driver calls me saying, “Sir, offi cers have All the documents are taken from my possession. However, as per Clause 134 of the Criminal Procedure Law, copies of all these documents need to made and provided to my defence counsels. However, the documents are seized without any copies being made and I am taken into custody.

Your Honour, on Sunday arrived.” Of course, I look out of 12 April, the appointed deputy the window and see a large crowd. judge takes a decision concerning I go downstairs and open the door. me. On a one-time basis, on Seeing the huge crowd, I say to suspicion of my involvement the offi cer, “Is this befi tting of the with The Ergenekon Armed Turkish Republic?” Then, I allow Terrorist Organisation, my alleged the offi cers into my home. Without membership and assistance to this checking any warrants, I let them organisation, he issues a search into my home and personally give warrant and a confi scation of my them anything they ask for. belongings. In the meantime, my lawyers Based on this decision, the speak to the most senior person in prosecutors of the Beşiktaş the group and tell him, “as per the Court, with four signatures, court’s decision, the authorities

25 are allowed to, within 72 hours, the right to remain silent”, to which as a one-off job, collect what they my response is, “To the contrary, I need. They are not permitted to do will use my right to speak.” anything else outside of this.” I give my testimony for eight Consequently, it appears that hours, Your Honour. After that we the concerned ofﬁ cer calls Istanbul. are brought to The Courthouse of I only ﬁ nd this out later. While all Beşiktaş. Here, after being made the information and documents are to wait for many hours, we are still being collected, further to an brought in front of the prosecutor instruction from the prosecutor, where I give my statement. I would they decide to take me into custody. like to specify that there is not He receives this instruction over the one prosecutor, but a number of telephone! The court’s instructions them and I give my statement in are to carry out a “search” the presence of my three lawyers, and before the search is even Professor Köksal Bayraktar, Ms completed, he decides that I should Belgin Özersin and Ms Dilek be taken into custody. Helvacı.

All the documents are taken Halfway through my deposition, from my possession. However, another prosecutor enters the as per Clause 134 of the Criminal room and says, “Some television Procedure Law, copies of all these channels are broadcasting subtitles, documents need to made and stating that Mehmet Haberal has provided to my defence counsels. been sent to court, with orders to However, the documents are seized be put under arrest.” Of course, this without any copies being made and comes as a shock to my lawyers I am taken into custody. and I, and we look at each other with confusion. The prosecutor First, I am taken to Ankara goes outside for a little while and Counter-Terrorism Unit and I continue testifying. At the end then I am sent to Istanbul Police of my testimony, as my lawyers Headquarters’ Counter-Terrorism go over what I have said, the Unit. I am made to wait three days prosecutor comes back in saying, here. It is only at approximately “If you could please hurry up, as 1.30 pm, on the third day, in the His Honour is also human and presence of my lawyer, Belgin we should not make him wait any Özersin, that they start taking my further.” So, my lawyers wrap up, statement. As I had stated at the as requested. beginning of my defence today, the ﬁ rst thing I am told is that, “I have When my testimony is over, I

26 go outside with my lawyers. Within deputy judge took his decision and a short timeframe of, like, ﬁ ve stated that I was under arrest for the minutes, the prosecutors send me to following reasons: Existing facts the 14th High Criminal Court with implicating me of founding and a warrant for arrest, conﬁ rming running a terrorist organisation; what was said in the courtroom the seriousness of the nature of the earlier. Of course, Clause 122 crime; the evidence found against of the Criminal Procedure Law me and the fact that the crime is requires the prosecution to examine covered within Clause 100/3 and the evidence before taking the the clauses following Clause 100 of decision to put someone under the Criminal Procedure Law. arrest. However, the eight hours

…without sleep for around 96 hours and exhausted, without realising what is happening, I start feeling very unwell and I collapse on the ﬂ oor.

I spent giving evidence and So, when the judge gave his the very substantial amount of verdict, he was thinking of Clause documentation that had been taken 34 of the Criminal Procedure Law. from me would have needed more Of course he was also thinking than just ﬁ ve minutes to evaluate, of Clauses 101, 230, 289, and which was the time between the end similarly, Clauses 232 and 122 of of my testimony and the decision the Criminal Procedure Law. In the to put me under arrest. Frankly, we written discourse he sends to the were all very much astounded by prison, he charges me, under Clause this decision. 314/1 of the Turkish Penal Code, with setting up an armed terrorist Finally, I was brought in front organisation and consequently, of the Deputy Judge at the 14th the decision is taken to send me to High Criminal Court to testify. I Metris Jail. was with the same lawyers who had been with me at the Courthouse of In the meantime, as a result of Beşiktaş. Again, we spent a long having waited three days, without time giving evidence and arguing sleep for around 96 hours and my case. In the same way, within exhausted, without realising what approximately ten minutes, the is happening, I start feeling very unwell and I collapse on the ﬂ oor.

27 There is a swarm of people around Later, I start feeling seriously me, from doctors to acquaintances. unwell again, as had happened Some of these doctors, I have in the courthouse, so I go to the previously received treatment from inﬁ rmary, where I wait for an for serious conditions, which had hour and I take an Izordil tablet. now relapsed. The people around However, as my condition does me had called an ambulance and not improve, the staff and doctors were insisting that I go to hospital. at the jail send me to Bayrampaşa However, I told them that I would have to go to Metris Jail, whatever State Hospital’s Emergency the situation. In the end, I go to Room. Suspecting that I have a Metris Jail accompanied by an cardiac condition, the doctors ofﬁ cer and with my friends who are at the hospital transfer me to also university rectors, following in the emergency room at Istanbul an ambulance behind us. University’s Cardiology Institute.

Once at Metris Jail and Here, my symptoms do after completing the required not subside and the doctors administrative procedures, we are immediately move me to the told that we would be taken to our intensive care unit. I spend 12 rooms. We go through doors with days in intensive care, where I am iron bars, into a corridor, lined also treated by the teaching staff with rooms and room numbers. at Cerrahpaşa Medical Faculty’s I am taken to room number 27. Psychiatry division. After my The room has an iron door with treatment, as you had also mention double locks. One of the locks is Your Honour, I am moved to room a yale lock and the other is an iron number 304, on the Institute’s third handle. The prison guard opens the ﬂ oor. door and I enter the room. Then he closes the iron door behind me and My treatment is continuing locks the yale lock. The door has an here at the same intensity as in observation hole. The room is four the intensive care unit. These metres by ﬁ ve metres. Of course, events have not just caused me I’m not sure if it should not be cardiac problems, but I get regular called a “cell” rather than a “room”? nosebleeds and I have developed Of course, I leave the evaluation of Thrombophlebitis in my legs. As this to the legal authorities and stay result of all the medication I am in here for a few hours. taking, my blood work is irregular. I am suffering from numerous

28 health problems as a result of the allegations, the evidence at hand side-effects of my medication. and the stage of the investigation Despite all these problems, the should not allow it. doctors are trying very hard to I assume that this vote was treat me and I would like to thank based on Clauses 34, 101, 230 and them deeply for their hard work. 289 of the Criminal Procedure Law. As you can see, I am in this room However, my lawyers’ continue of around ten square metres. I have with their plea for my release been in this room for 356 days and apart from going to the forensic Then, the plea is sent to the 14th medicine department, on 31 August High Criminal Court, where the 2009, upon the request of the jail judge recommends my discharge prosecutor, I have not been outside saying, “Mehmet Haberal was of this room. arrested based on the court’s It is said, “Other people who had been charged with crimes relating to this speciﬁ c one, or similar in nature, have been freed as a result of suffering similar health problems.”

Your Honour, as I struggle with investigation. The suspect’s defence my health issues, I will admit that lawyers objected to this decision, my lawyers are battling in the courts but this was rejected by the judicial to be able to have me released. committee, due to the documentary For this reason, they have been evidence at hand. During the appealing for this on a regular basis. elapsed time, further evidence has One of these pleas for my discharge been acquired and the suspect has relates to a request made to the 12th been under treatment for serious High Criminal Court, where the health issues. The ﬁ le now contains committee convened and one of the evidence in favour of the suspect’s committee members recommended release, along with medical reports. my release as he saw no evidence Other people who had been charged that I would obstruct justice or with crimes relating to this speciﬁ c attempt to escape. He then put this one, or similar in nature, have been to a majority vote. However, two freed as a result of suffering similar of the other board members, voted health problems.” against stating that the nature of the

29 I have always said that if I am High Criminal Court accepted his guilty of a crime, I am ready to resignation suffer the consequences and the punishment. However, my release So, the Deputy Judge requested needs to be made on the basis of to be dismissed from the case the evidence collected. For me on the basis that there was too to be discharged, based on health much institutional pressure on problems is not a comfortable his decision-making. So, my situation for me. Therefore, at the lawyers continued with their th time, I had told my lawyers that it is appeal, to the 14 High Criminal vital that my release should depend Court this time. On 6 June 2009, on the evidence in my favour. the Presiding Judge said that the We have appealed on numerous reasons he had cited in his decision occasions for my release because of the previous job number still as I had mentioned earlier, I deny prevailed and speaking about

I kept wondering which terrorist organisation I had set up or which armed organisation I seem to have joined. all of the crimes which you listed me, he recommended my release, in the indictment. As my lawyers listing the following reasons, “the are aware of this, they have been stage the trail reached; the lack of appealing for my acquittal. evidence on fi le; unlikelihood of the defendant spoiling evidence.” Now, my fi le and my plea for Despite this recommendation, the release had to go to the Deputy fact that the two other judges voted Judge at the 12th High Criminal against, resulted in the rejection of Court. However, for some my plea for release. reason, my fi le never reached the Deputy Judge and at the end, I have to admit that before the the Deputy Judge, applied to the indictment was accepted by the 12th High Criminal Court with court, with regards to the serious his resignation, saying, “There is charges of terrorism I was faced too much institutional pressure with, I kept wondering which on me.” Consequently, the 12th terrorist organisation I had set up or which armed organisation I seem

30 to have joined. While questioning of this terrorist organisation with all this in my head, on 5 August Yalçın Küçük and İlhan Selçuk. 2009 the 13th High Criminal Court I met with these two individuals accepted the indictment. 25 years ago with regard to the “Petition of the Intellectuals”. My lawyers made a total of 25 appeals – 11 before the indictment Since that time, I have not was accepted and 14 afterwards – had any communication with for my release. After the declaration either of them. The “Petition of of the indictment, on 6 August, I the Intellectuals” is an initiative felt compelled to make a statement introduced after the coup d’état to the public. of 12 September 1980, promoting

After the declaration of the indictment, it has been seen I am still being detained for crimes that I am wrongly charged with. This is unconstitutional and against human rights. With ﬁ ctitious evidence, innocent actions are given a criminal characteristic, violating all legal principles.

For this reason, on 6 August democracy against the anti- 2009, further to the alleged ﬁ ndings democratic practices of that time. and claims made in the indictment Mine was one of the signatures number 2009/565, which was on that document. On this matter, th accepted by the 13 High Criminal I have already testiﬁ ed to Kemal Court, it was necessary to call out Kadıoğlu, the prosecutor at the to the public with the following Mamak Court of Martial Law. points: As a matter of fact, later the Like the other citizens of this charges relating to the “Petition country, I have only found out of the Intellectuals” resulted in about the existence of the so-called an acquittal. Therefore, claims terrorist organisation stated in the that I have set-up and am leading indictment, through the media. The a terrorist organisation with two indictment states that I am a leader individuals who I have not seen,

31 nor had any contact with for 25 the indictment, through the media. years, is slander. 2. After the declaration of the The claim in the indictment indictment, it has been seen I am that I am in collaboration with still being detained for crimes that a Mustafa Özbek and an Erol I am wrongly charged with. This is Manisalı in structuring media unconstitutional and against human fi nancing is a lie. Information rights. With fi ctitious evidence, alleging that I am in the same innocent actions are given a organisation as Fatih Hilmioğlu criminal characteristic, violating all is incorrect. There has never been legal principles. any question of my interfering with the staff and payroll of any 3. During the entirety of my university. Fatih Hilmioğlu, a detainment, which now amounts former rector himself, is currently to 356 days, no proper attention a member of the teaching staff at has been paid to my testimonies, Başkent University. As you know, nor to the genuine documents we he is also detained presently. This handed over to the court, nor to incident pertains to having signed the defence of my lawyers and nor the “Petition of the Intellectuals” in to the evidence we provided. My 1984 and is based on the minutes hearings have been subject to bias of the statement I had made to the against me. Mamak Court of Martial Law, Your 4. Efforts have been made to Honour. incriminate me on the basis of On 10 August, I found out false fi ndings. Imaginary terrorist through my lawyers that the public organisations, which are completely was aware of the details of my unrelated to me, have been created, indictment. So, I found it necessary, obstructing all my basic rights with the assistance of my lawyers, and freedom and causing serious to prepare another disclosure, as damage to my health. follows: Excuse me one moment please.

1. I repeat once again, like the Presiding Judge: If you are other citizens of this country, I tired, we can take a break. only found out about my alleged involvement with this so-called Professor Haberal: Your terrorist organisation as stated in Honour, my doctor is telling me

32 that we should take a break. Would 2006, at the entrance of Kent Hotel, you mind if I have a ﬁ ve-minute where we served ﬁ nger food, tea pause? and coffee.

The court takes a ten-minute The attendees of these meetings recess. were current and former members of parliament, bureaucrats and The hearing now continues educators. The forum was an open between the courtroom one, where each person would give and Professor Haberal via his opinion and the press would videoconferencing. also be informed. So, these were Professor Haberal: Thank you not secret meetings held behind Your Honour. I am afraid my doctor closed doors. requires me to take such breaks Neither I, nor these gatherings because of my ill state of health. I have any relationship to the will now continue. meetings organised by Mr İlhan Your Honour and honourable Selçuk, which you had talked about members of the courtroom, earlier. After a few of the “Dialogue our country was created out of Group” gatherings, we did discuss destitution, by Atatürk and his whether it would be more useful allies, and through the loss of to move towards a more political lives of our beloved soldiers. structure. However, the aim of this This country is now entrusted to was to see how we could contribute us. Our primary duty is to ensure to the resolution of the issues facing that our democratic, secular and the country and at the same time, social government, administered how this could help the people by the rule of law, is propelled to running the country. further greatness. Therefore, with At a later stage, again in exactly this purpose in mind, and using the same way, these meetings our civil rights within clauses 25 continued at Patalya Hotel, founded and 26 of the Constitution and in by Başkent University, in Gölbaşı. order to safeguard our country and contribute towards its national and Patalya Hotel has been the international issues, we started venue of meetings and events conducting open meetings called for regular citizens, clubs, the “Dialogue Group” in December associations, charities, weddings

33 etc. Additionally, this hotel has also is aiming to be a political group, hosted meetings of the Republican conforming to the country’s legal People’s Party, the Motherland framework and regulations. Party, the Democratic Left Party and the Nationalist Movement If this country cannot allow Party. Not only that, the incumbent such activities and tries to instil government had conducted all its fear in people, it means that it is activities when they were setting up moving away from democracy. It is their political party. especially critical if certain people

In summary, the creation of the “Dialogue Group” and its consequent formation of the “National Sovereignty Movement”, was aimed at contributing towards the national and international concerns facing our country. The “National Sovereignty Movement”, within its constitutional rights, is aiming to be a political group, conforming to the country’s legal framework and regulations.

Therefore, these activities should have started a smear campaign to be present in a democratic state, hinder others. governed by the rule of law. Anyone, who thinks the opposite, should In his book, “Wrathful Years”, not have the right to talk about General Ismet said, “If a country perpetuates a regime of defamation, democracy and the rule of law. it means the people of that country In summary, the creation will not have the strength to ward of the “Dialogue Group” and off foreign threats.” I think, as the its consequent formation of the citizens of the Republic of Turkey, “National Sovereignty Movement”, we need to ponder on this historic was aimed at contributing towards inﬂ ection. the national and international On this subject, Your Honour, concerns facing our country. The the media had also been included. “National Sovereignty Movement”, In the majority of the meetings, within its constitutional rights,

34 especially the more marked this opportunity, to once again, ones, the media had always been thank my friends who were provided with post-meeting involved in his treatment. information. Furthermore, as I have said earlier, everyone participated A copy of the committee report, in these meetings with openness, dated 27 May 2002, prepared putting forward their knowledge during the treatment of our late and opinions. Therefore, I ﬁ nd it Prime Minister, was handed over, very saddening that these meetings personally by me, to Mr Ahmet are being interpreted as being secret Şağar, the Undersecretary to the and taking place behind closed Prime Ministry. Another copy, with doors. recorded minutes, was delivered to Mr Recai Birgün, to be presented Your Honour, if such meetings to Ms Rahşan Ecevit and our cannot take place in a country, Prime Minister, Mr Bülent Ecevit. and if the historic slogan, “The Furthermore, during our late Turkey that Speaks”, is no longer Prime Minister’s treatment, copies applicable, I really feel that this of the committee report on his is very disturbing for us, for the consultation at our hospital on 26 Turkish society as a whole. June 2002, copies of his test results and a copy of his status report dated As for our late Prime Minister, 1 July 2002 were forwarded to the Bülent Ecevit, I always remember ofﬁ ce of the Prime Ministry. him with kindness. Atatürk once said, “Place me in the care of At the time, there was a lot of Turkish doctors”. In the same way, unfounded media coverage saying I remember, with gratitude, Mr that the late Prime Minister, Bülent Ecevit’s decision to be entrusted Ecevit had cut his ties with Ankara to our care at Başkent University’s Hospital and its doctors. As a result, Ankara Hospital. Since it was not the late Prime Minister, Bülent my area of specialisation, it was not Ecevit, gave a press conference on possible for me to be involved in 12 July 2002, denying the media our late Prime Minister’s treatment. claims and communicating his However, my colleagues, who recognition to the specialists and were specialised in his medical managers of our hospital. condition, treated him successfully and he was later discharged from Furthermore, at that time, as the hospital. I would like to take a result of this baseless negative media publicity, as Başkent

35 University, we used our legal time, he has been aired on Channel rights and applied to the judicial B, a television channel founded by authorities. Our fi rst lawsuit against Başkent University, at his home in Recai Birgün was launched on 19 Oran. December 2002. In addition to this fi rst lawsuit against this individual, Therefore, the allegation made the consequent criminal and civil against me and Başkent University, lawsuits are continuing currently. in relation to the treatment of our late Prime Minister, is untrue and I would like to provide an constitutes defamation. explanation here, Your Honour. …and that the doctor told the Prime Minister that he had completely recovered, that he would not have any more complaints and Recai Birgün clearly confi rmed that his treatment at Başkent University’s Ankara Hospital had been successful.

How lawful is it for this man to be During investigation number treated as a regular witness by the 2008/1756, carried out by the prosecution, and for his comments Chief Public Prosecutor’s Ofﬁ ce to feature in the indictment, while a in Istanbul, as I mentioned earlier, number of lawsuits are continuing in the last paragraph of the second against him? With all due respect, page of the statement I gave, in I put this question to you. his testimony, Recai Birgün talks Additionally, our lawsuits against of “a doctor he secretly brought the media organisations, who to Bülent Ecevit’s house”. This broadcast these unfounded claims, document is in my hands now. In were won. I will present these to the last paragraph of the second you in a moment. page, he clearly goes onto say that this doctor examined the Prime From the date of discharge, our Minister; that after the examination late Prime Minister Bülent Ecevit told him that he was not ill and that continued his duties as Prime his spinal collapse had recovered. Minister for seven months and lived Within the same statement, he on for another four and a half years goes onto say that they secretly after that. Furthermore, during this brought a mobile x-ray machine

36 from one of the hospitals and that before, this document is the record the doctor told the Prime Minister of the minutes from Recai Birgün’s that he had completely recovered, testimony and the other document that he would not have any more covers the statements he has made complaints and Recai Birgün on NTV and Habertürk channels on clearly conﬁ rmed that his treatment 15 February 2010. This contains the at Başkent University’s Ankara claims my lawyers have made in Hospital had been successful. relation to Recai Birgün.

...it should be understood that whatever the nature of these serious allegations stated in my arrest warrants, let me explain myself and be accountable to our great nation, our students, my thousands of friends working at Başkent University and its subsidiary organisations, men and women of science and knowledge in the Turkic States, the Middle East, Asia, the Far East, Europe and America.

Additionally, on 15 February And lastly, this document 2010, Recai Birgün appeared shows Recai Birgün’s testimony in on NTV’s “Within One Day” court on 31 March 2010. Also, we programme, as well as live on have won lawsuits against others, Habertürk channel’s “A Day’s amongst whom are also members Headlines” programme in the of parliament. These documents are same day, where he refuted all in relation to this and if you need the allegations against me and them, Your Honour, I am happy to the hospital, saying that, “the late hand them over. Prime Minister had left Başkent University’s Ankara Hospital, but Your Honour and honourable that according to the headquarters members of the court, I now have of the Democratic Left Party, he did a request from you. For everything not return for further check-ups”. that I have been asked and the strong allegations for which I have Your Honour, as I mentioned been under arrest for the past 356

37 days, please note that whatever the interpretation.” And amongst these nature of these serious accusations, men of wisdom, this is the one who let me explain myself and be is chosen. accountable ﬁ rstly, to our great nation; secondly, to our students; Secondly, on page 52 of the thirdly, to the thousands of people same book, Socrates is asked, “What working at Başkent University and sustains the World?” He answers, its subsidiaries; fourthly, to the “It is justice that sustains the World. men and women of science and When tyranny comes, the existence knowledge in the Turkic states, the of that state is unthinkable.” Middle East, Asia, the Far East, Thirdly, on page 78 of the same Europe and America

Socrates is asked, “What sustains the World?” He answers, “It is justice that sustains the World. When tyranny comes, the existence of that state is unthinkable.”

On page 236 of the book titled, “Stories of Wisdom”, it explains book, Alexander the Great asks his the makings of the shortest master Aristotle, “Which trait is constitution, by which I want to more important for a leader, justice stress that I am not speaking of or courage?” His master, Aristotle, the work being carried out on the answers, “When there is justice, constitution currently. In the book, there is not need for courage.” all the wise men are gathered and they are told to create the world’s In its Surats, Araf verse 29, shortest constitution. Each wise Muminun verse 20, Nahl verse 90 man gives his opinion on the and Nisaa verse 58, our great book, matter. However, one of them the Quran ordains that, “Justice is says that he thinks the shortest constitution should go as, “Not our Great God’s directive”, do to others what you would not Your Honour, honourable want done to you. That is the law. members of the court, this Anything outside of that is up to completes my plea. After these 356

38 days, I am ready to answer any Your Honour, in essence, we questions you will direct to me. do not oppose the minutes, which Thank you. you want to read, or rather, which you are preparing to read. My client Presiding Judge: The statement has also expressed this clearly. in folder 6, series 247, given by However, the time it took to obtain the witness at the police station has my client’s testimony was exactly been read. Are you listening? 16 hours and 45 minutes. This is the testimony a man close to his Professor Haberal: Yes, I can seventies, with an illness, which hear you. Your Honour, I read them. has been medically established, has Mehmet Haberal’s Defence given for a duration of 16 hours and Counsel interjects 45 minutes.

Defence Counsel, Köksal For this reason, as the defence, Bayraktar: If you would allow me, we request the following, Your I would like to say a couple of lines Honour and honourable members in relation to the statement. Now, of the court. The term, “fatigue” when our client was brought to as covered under clause 148 of Istanbul… the Criminal Procedure Law is applicable to my client. I request Presiding Judge: Your name. that you take into account the fact Could you please give your name that my client was physically and for the court transcript. psychologically exhausted when he made his statement. For this reason, Defence Counsel, Köksal I request that you not pay too close Bayraktar: Sorry, yes. Counsel an attention to the exact wording Köksal Bayraktar. When our client my client used in his testimony. It is was brought to Istanbul on 13 April also for these reasons of exhaustion, 2009, after having spent 3 days and that after completing his statement nights at the police station, he was at 5.45 am, from sheer tiredness, asked to make a statement at 12.45 coupled with his heart condition, he on 16 April 2009. His testimony, collapsed on the stone ﬂ oors of the combined with statements he gave corridors of Beşiktaş High Criminal at the Public Prosecutor’s ofﬁ ce, Court. It is for this reason that we and again at the police station and put forward this request. then in front of the judge, continued until 5.30 am on 17 April 2009. Presiding Judge: Yes, this is also

39 included in the court transcript, this request that any questions directed subject you are talking about. to our client are in relation to the conversations made from these Defence Counsel, Köksal 13 telephones and that he not be Bayraktar: Thank you. Thank you. questioned regarding evidence of Presiding Judge: The an unlawful nature because the defendant’s statement, in folder 6, evidence against… series 247, has been read out to him Presiding Judge: Defence and he has been questioned on it. Counsel.

Professor Haberal: Yes, Your Defence Counsel, Dilek Honour. Helvacı: Yes, Your Honour.

Presiding Judge: In the Presiding Judge: What I have defendant’s statement, the answers read today is not directly related to questions 1 and 2, in folder 6, to your client, in the sense that the series 242, have been read out to phone conversations stated were him and he has been questioned on not recorded conversations from them. your client’s telephone, but are Professor Haberal: Yes. conversations we have been told of by witnesses. That is what I have The defendant, Mehmet been reading. Haberal’s defence counsel asks for permission to speak. Permission is Defence Counsel, Dilek given. Helvacı: Yes, Your Honour. I understand, but this is how the Defence Counsel, Dilek process started. This is why you Helvacı: At the time our defendant are asking my client to corroborate gave his statement at the police these claims. This is why I station, it had not yet been intervened. established whether the telephone recordings were based on a court Defendant Mehmet Haberal order. For this reason, we ﬁ led a asks for permission to speak. He is request with the court, whereby granted permission. only 13 telephones were tapped on Professor Mehmet Haberal: condition that the calls were made When I was asked about this to mobile telephone numbers. We incident you are speaking about,

40 at the police station, I told them “I don’t know them” when you had that my assistant did not relay stated that you know Yaşar Okuyan this message to me. It is true and Tuncay Özkan. that I was not passed on this information. I would not have any Professor Haberal: No, Your connection with or information on a Honour. I said that I know Yaşar conversation between two people. Okuyan and Tuncay Özkan.

Presiding Judge: You were Presiding Judge: Oh, ok. You already asked that, and of course, did say that you know them. you would not have anything to do Professor Haberal: No, I do with it. You were asked to explain know them Your Honour. You this and you answered that your said… secretary had not passed such information to you. Presiding Judge: I read it incorrectly as “I don’t know them”. Professor Haberal: No, such a You have actually stated that you message was not passed on to me. know them. I never got this message. I want to re-iterate that my secretary never Professor Haberal: Oh, sorry, I informed me of this. understand. Sorry, it was a mistake. I know both of them. Presiding Judge: You have already explained this in your Presiding Judge: In the statement. defendant’s statement, his answers to 2, 3 and 4, in folder 6, series 242, Professor Haberal: Yes. have been read out to him and he Presiding Judge: In the has been questioned on them. defendant’s statement, his ﬁ rst Professor Haberal: Yes, that is answer, in folder 6, series 242, has correct. been read out to him and he has been questioned on it. Presiding Judge: You can still hear me? Professor Haberal: Yes, that is correct, Your Honour. Professor Haberal: Yes.

Presiding Judge: A little while Presiding Judge: In the earlier, I made an error by reading, defendant’s statement, his answer to

41 question 1, in folder 6, series 241, that I meet whom ever else that has been read out to him and he has attends the meetings. As much as been questioned on it. this applies to anyone who is at my position, it also applies to members Professor Haberal: Correct of the bureaucracy. In fact, forgive Your Honour. me please, but this also applies Presiding Judge: In the to you. If tomorrow you attend a defendant’s statement, his fi rst meeting, of course you will meet all answer, in folder 6, series 240, has the other people who are attending. been read out to him and he has It is just a part of everyday life. been questioned on it. Presiding Judge: This is Professor Haberal: Correct, indeed valid for all of us. In the Your Honour. defendant’s statement, his answers 1, 2 and 3 in folder 6, series 239, Presiding Judge: I read it to 238, 237, 236, 235, 234, 233, 232, you earlier. You had mentioned 231, 230, 229, 228, 227 and 226, the men within the administrative have been read out to him and he circles you had contact with. I had has been questioned on them. read your recorded response. Do you remember? Your response Professor Haberal: This is had been, “Being a rector of a correct, Your Honour. university, I regularly attend, by Presiding Judge: In the invitation, offi cial meetings. It is at defendant’s statement, answer 4, these meetings that I meet people in folder 6, series 226, has been belonging to the administrative read out to him and he has been circles, such as ministers, members questioned on it. of parliament, senior bureaucrats, senior members of the judiciary and Defence Counsel, Dilek high-ranking military offi cers.” In Helvacı: Your Honour, in the your response, you refer to these contents of this conversation, in people. addition to there not being an element of crime, the fact is that Professor Haberal: Now, Your it was listened to without the Honour, I am a university rector. appropriate permissions. We object It is natural that I attend offi cial to this question and request that it meetings as a guest. In these not be directed at our client. meetings, it is, of course, normal

42 Professor Haberal: In any case, Presiding Judge: In the what I said is true. There is no defendant’s statement, answers 1, 2 relationship of hierarchy between and 3 in folder 6, series 223, have Mr Hurşit Tolon and myself. As I been read out to him and he has had stated earlier, the circumstances been questioned on them. in which I know Mr Tolon date back to when he was in the ﬁ rst Professor Haberal: Correct, army command in the General Your Honour. Staff. Anything outside of that, is Deputy Judge, Hüsnü Çalmuk: completely out of the question. Your Honour, the doctor has said Presiding Judge: Ok, sir. that lunch needs to be served.

Presiding Judge: In the Presiding Judge: Really. defendant’s statement, answer 5, The session is adjourned until in folder 6, series 22, has been 13:00. read out to him and he has been questioned on it. The session resumes from where it left off. Professor Haberal: Correct, Your Honour. In the meantime, the defence counsels of some of the witnesses, Presiding Judge: In the as well as the defence counsels of defendant’s statement, answers 1, 2 Adnan Sanık, Defence Counsel and 3 in folder 6, series 225, have Hasan Fehmi Demir, Defence been read out to him and he has Counsel Cavit Subaşı, Defence been questioned on them. Counsel Rukiye Kibar, Defence Professor Haberal: Correct, Counsel Zeki Aksoy, Defence Your Honour. Counsel Filiz Esen, Defence Counsel Deniz Baykal, Defence Presiding Judge: In the Counsel Mihaye Şimşek, Defence defendant’s statement, answers 1, 2, Counsel Mehmet Eren Turan and 3 and 4 in folder 6, series 224, have Defence Counsel Emine Gaye been read out to him and he has Akaslan are seen entering and been questioned on them. taking their places in the courtroom.

Professor Haberal: Correct, The defendant Mehmet Haberal Your Honour. is also brought into the presence

43 of the courtroom via video questioned on it. conferencing, from his hospital room. Professor Haberal: Correct, Your Honour. In proceeding with his questioning and defence, the Presiding Judge: In the statement he gave at the police defendant’s statement, his fi rst station continues to be read out. answer in folder 6, series 220, has been read out to him and he has Presiding Judge: In the been questioned on it. defendant’s statement, his fi rst answer in folder 6, series 222, has Professor Haberal: Look, Your been read out to him and he has Honour. Your Honour, I did not get been questioned on it. the question. Is it possible to repeat it? Professor Haberal: Correct, Your Honour. Presiding Judge: Sir, let me read the entire question to you Presiding Judge: In the again. In the defendant’s statement, defendant’s statement, his second the fi rst question in folder 6, series answer in folder 6, series 222, has 221 and the answer in folder 6, been read out to him and he has series 220 have been read out to been questioned on it. him and he has been questioned on them. Professor Haberal: Correct, Your Honour. Professor Haberal: Correct Your Honour. Anyway, in our Presiding Judge: In the session before lunch, I had given defendant’s statement, his third detailed information on this. answer, in folder 6, series 222, has been read out to him and he has Presiding Judge: You have been questioned on it. given an explanation on this already. Professor Haberal: Correct, Your Honour. Professor Haberal: Yes, I have already given an explanation on Presiding Judge: In the this. defendant’s statement, the answer in folder 6, series 221, has been Presiding Judge: In the read out to him and he has been defendant’s statement, his second

44 answer, in folder 6, series 220, has Professor Haberal: Correct. been read out to him and he has been questioned on it. Presiding Judge: In the defendant’s statement, his ﬁ rst Professor Haberal: Look Your answer, in folder 6, series 218, has Honour, I did not understand the been read out to him and he has allegation, sir. been questioned on it.

Presiding Judge: In the Professor Haberal: Correct, defendant’s statement, his second Your Honour. and third answers, in folder 6, series 220, has been read out to him and Presiding Judge: In the he has been questioned on them. defendant’s statement, his second answer, in folder 6, series 218, has Professor Haberal: Correct, been read out to him and he has Your Honour. been questioned on it.

Presiding Judge: In the Professor Haberal: Correct, defendant’s statement, his ﬁ rst Your Honour. answer, in folder 6, series 219, has been read out to him and he has Presiding Judge: In the been questioned on it. defendant’s statement, his third answer, in folder 6, series 218, has Professor Haberal: Correct, been read out to him and he has Your Honour. been questioned on it.

Presiding Judge: In the Professor Haberal: Correct, defendant’s statement, his second Your Honour. answer, in folder 6, series 219, has been read out to him and he has Presiding Judge: In the been questioned on it. defendant’s statement, his ﬁ rst answer, in folder 6, series 217, has Professor Haberal: Correct, been read out to him and he has Your Honour. been questioned on it.

Presiding Judge: In the Professor Haberal: Correct, defendant’s statement, his third Your Honour. answer, in folder 6, series 219, has been read out to him and he has Presiding Judge: In the been questioned on it. defendant’s statement, his second

45 answer, in folder 6, series 217, has appropriate permissions, as per the been read out to him and he has Criminal Procedure Law clause been questioned on it. 206/2, we object to this being used as evidence. Your honour, we object Professor Haberal: Correct, to this being used as the basis of an Your Honour. allegation.

Presiding Judge: In the Professor Haberal: Your defendant’s statement, his third Honour, despite my lawyer’s answer, in folder 6, series 217, has objection, my answer is true. I been read out to him and he has would like to purposefully specify been questioned on it.” this.

Professor Haberal: “Correct, Presiding Judge: In the Your Honour. defendant’s statement, his ﬁ rst Presiding Judge: In the answer, in folder 6, series 213, has defendant’s statement, his answers, been read out to him and he has in folder 6, series 216 and 215, been questioned on it. have been read out to him and he Defence Counsel, Dilek has been questioned on them. Helvacı: You honour once again. Professor Haberal: Correct, Once again, Your Honour. The Your Honour. recording of this conversation was not based on an appropriate Presiding Judge: In the permission. It is not against the law, defendant’s statement, his ﬁ rst nor does it contain any criminal answer, in folder 6, series 214, has element. There is no criminal been read out to him and he has element in this conversation. been questioned on it. Presiding Judge: In the Professor Haberal: Correct, defendant’s statement, his second Your Honour. answer, in folder 6, series 213, has been read out to him again and he Defence Counsel, Dilek has been questioned on it again. Helvacı: Your Honour. Your Honour, as well the contents of Professor Haberal: Your this conversation not containing Honour, it is true that this any criminal element and the fact conversation took place. However, that it was listened to without the my lawyer, Dilek Helvacı’s

46 statement is also true. has confessed. In order to avoid this situation, this cannot be used as a Defence Counsel, Dilek basis for this hearing. Helvacı: Your Honour, this cannot be used in court, as there was Presiding Judge: Madam, no permission to listen to this please. The court will decide recording. Additionally, there is no what does or does not constitute a criminal matter in the contents of confession. the conversation. Defence Counsel, Dilek Presiding Judge: I will read Helvacı: Of course, Your Honour. every thing out ﬁ rst. As defence counsel, I am simply pointing this out. Defence Counsel, Dilek Helvacı: Your Honour… Presiding Judge: We would not display any intention of trying to Presiding Judge: I will read all get a confession out of him. these out. Later, you can object to each of them individually. Please Defence Counsel, Dilek do not interrupt this process. Helvacı: Your Honour, in any case, there is no evidence of a crime in Defence Counsel, Dilek the conversation. I did not mean it Helvacı: Ok, Your Honour. as a confession as such. I used the However you see ﬁ t. word in a technical sense.

Presiding Judge: I have to read Presiding Judge: In the them all out. Once I have fi nished, defendant’s statement, his fi rst you can object to whichever ones answer, in folder 6, series 212, has you feel are lacking in legal basis. been read out to him and he has This way we can move forward been questioned on it. faster. Professor Haberal: That is Defence Counsel, Dilek correct, Your Honour. I just want to Helvacı: Your Honour, with respect point out that as I had stated earlier to maintaining judicial effi ciency, about Mr Hurşit Tolon, everyone I agree. However, when you ask has a style of speaking and Mr this question directly to my client, Inan’s style of speech is like this. you end up obtaining evidence by making my client look as though he Presiding Judge: You have

47 already explained this in detail. You Your Honour. I have not given any have already detailed this in your instructions with regard to this answer. conversation.

Professor Haberal: Yes. Presiding Judge: Were you asked whether you had given Presiding Judge: In the instructions with regard to this defendant’s statement, his ﬁ rst conversation? answer, in folder 6, series 211, has been read out to him and he has Professor Haberal: I have been questioned on it. not given any instructions. Furthermore, Nahit Duru, on Professor Haberal: Correct, the same television channel, Your Honour. Channel B, gave an explanation

Nahit Duru, on the same television channel, Channel B, gave an explanation and apology, conﬁ rming that this comment was his own and that it had nothing to do with me.”

Presiding Judge: In the and apology, conﬁ rming that this defendant’s statement, his second comment was his own and that it answer, in folder 6, series 211, has had nothing to do with me. been read out to him and he has Presiding Judge: Sir, you been questioned on it. have already stated, “This issue Professor Haberal: Correct, has nothing to do with me and is Your Honour. unfortunately a speech given by the general manager. Moreover, Presiding Judge: In the the general manager later made defendant’s statement, his ﬁ rst an apology to me and the general answer, in folder 6, series 210, has public, consequently resigning from been read out to him and he has his position. After having evaluated been questioned on it. it, our board of directors accepted his resignation.” Professor Haberal: Correct,

48 Professor Haberal: Correct, you for your sensitivity. Your Your Honour. Honour, I can continue.

Presiding Judge: In the Presiding Judge: In the defendant’s statement, his second defendant’s statement, his ﬁ rst and answer, in folder 6, series 210, has second answers, in folder 6, series been read out to him and he has 208, have been read out to him and been questioned on it. he has been questioned on them.

Professor Haberal: Correct, Professor Haberal: Correct, Your Honour. Your Honour.

Presiding Judge: In the Presiding Judge: In the defendant’s statement, his third defendant’s statement, his answers, answer, in folder 6, series 210, has in folder 6, series 207, 206, 205, been read out to him and he has 204, 203 and 202 have been been questioned on it. read out to him and he has been questioned on them. Professor Haberal: Correct, Your Honour. Professor Haberal: Correct, Your Honour. Presiding Judge: In the defendant’s statement, his fi rst and Presiding Judge: In the second answers, in folder 6, series defendant’s statement, his fi rst 209, and the his fi rst answer in series answer, in folder 6, series 201, has 208, have been read out to him and been read out to him and he has he has been questioned on them. been questioned on it.

Professor Haberal: Correct, Professor Haberal: Correct, Your Honour. Your Honour. There are more than 250 staff working at Channel B and Presiding Judge: Sir, please let each one has his own show. And me know if you feel unwell. We according to these programmes, are not able to keep an eye on you they obtain their information from properly from here. Please let me different sources. During the search know when you get tired so that we of my ofﬁ ce, they only found three can take a break. CDs. One CD contained an advert Professor Haberal: Thank you for a factory I set up, called Açkar, very much, Your Honour. Thank which produces dairy products

49 such as cheese, butter, yoghurt. answer in series 201, has been read The name of the company is Açkar. out to him again and he has been The other CD contained adverts questioned on it. for a couple of other companies. The third CD is something else Professor Haberal: Correct, altogether. Therefore, only three Your Honour. CDs were found in my ofﬁ ce. Presiding Judge: In the The others simply consist of defendant’s statement, his answers information people working at the in series 200, 199 and 198 have TV channel have obtained for their been read out to him and he has speciﬁ c programmes. been questioned on them.

Presiding Judge: In the Professor Haberal: Your defendant’s statement, his answer in Honour, everything I have said on series 201, has been read out to him this is correct. I just want to point and he has been questioned on it. out that this relates to our hospital Professor Haberal: Yes. Yes, in Izmir and is about a manager Your Honour. This gentleman is working there on whom we have also the same one who attends made all the legal applications the programmes organised by and who has, as a result, been the National Security General sentenced. The lawyer who Secretariat Academy. Furthermore, was following the cases, Belgin it is documented that he has Özersin, is here. She can give you a expressed that these documents quick explanation on this. belong to him. This is documented Presiding Judge: Sir, let us in my fi le. fi nish these questions. Let us fi nish Presiding Judge: In the up the questions. We will take the defendant’s statement, his second comments from the lawyer later. answer in series 201, has been read Anyway, your other lawyer will out to him again and he has been also comment. In the defendant’s questioned on it. statement, his fi rst and second answers in fi le 6, series 197 have Professor Haberal: Correct, been read out to him and he has Your Honour. been questioned on them.

Presiding Judge: In the Professor Haberal: Correct, defendant’s statement, his third Your Honour.

50 Presiding Judge: In the The allegations made to the public defendant’s statement, his answer in prosecution resulted in being fi le 6, series 196 has been read out dismissed due to lack of grounds to him and he has been questioned for legal action. Furthermore, they on it. have been sentenced, in subsequent lawsuits we made against them Professor Haberal: Correct, for defamation. In this corruption Your Honour. As I mentioned, lawsuit carried out in Izmir, the if you see appropriate, Defence convicted individuals, whose Counsel Belgin Özersin will make names were mentioned earlier, a comment regarding this. Sibel Akyel, Filiz Tuzcu and Gaye Presiding Judge: Counsel. Üzümcü, are currently serving their sentence in prison. Defence Counsel, Belgin Özersin asks for permission to Presiding Judge: Madam, is this speak. She is given permission. case you speak of, the same case which is fi led with the Karşıyaka Defence Counsel, Belgin 2nd High Criminal court, under Özersin: Your Honour. Your docket number 2004/73? Honour, as I was present at my client’s questioning, when these Defence Counsel, Belgin questions were directed at us, we Özersin: Yes Your Honour. All presented my client’s consistent these documents, these documents and clear answers. Since time are, as a whole, contained in this was limited, we answered them folder. very briefl y. These cases relate Presiding Judge: Understood. to the lawsuit started against Understood. the individual, employed as the director of the hospital in Izmir, Defence Counsel, Belgin who caused losses to the hospital, Özersin: Apart from this, the amounting to approximately three document, which we were given trillion, through the issuance of and are being asked about here, fake invoices. In order to evade contains the allegations which led this crime, they have made various them to make a criminal complaint allegations of slander against my against our client. In these cases, client, some of which have been the court gave a dismissal verdict passed on to the public prosecution. and as a result we opened a case

51 against these individuals whereby request numbers: 5586, 5587, 5592, they have been convicted of libel. 5593, 5595, 5596, 5597, 5598, 5603, 5604, 5605, 5606 and 5608. Presiding Judge: Ok, do you In my client’s deposition today, have anything further to say about the telephone conversations, to this. which reference has been made, Defence Counsel, Belgin with regard to the following Özersin: In relation to these individuals, Metin Kayıhan, incidents, we have seen close to 15 Mustafa Sarıgül, Bedrettin Dalan, cases at various courts. Ufuk Söylemez, Kamuran İnan, Cevher Haberal, Hüsamettin Presiding Judge: Understood. Özkan and Hurşit Tolon, contain And you madam, what is it that you no criminal material. Furthermore, would like to bring to our attention? since these conversations were

… these telephone conversations…contain no criminal material. Furthermore, since these conversations were listened to without the appropriate permissions, according to Clause 206/2 of the Criminal Procedure Law, they should not be used as a basis for the trial and should be rejected as evidence by the court.

Defence Counsel, Dilek listened to without the appropriate Helvacı: Your Honour, fi rst of permissions, according to Clause all, I would like to bring to your 206/2 of the Criminal Procedure attention… fi rst of all I would Law, they should not be used as like to bring the court’s attention a basis for the trial and should be to our client’s statement at the rejected as evidence by the court. police station. Out of the submitted As a matter of fact, as per Clause telephone requests, in my client’s 217 of the Criminal Procedure fi le, permission has been given Law, the verdict has to be based for the listening of his telephone on evidence obtained in a legally conversations, to the following acceptable manner, making this

52 evidence contradictory to that continues from where it left off. clause. In the same way, this evidence is also unlawful, as per In the meantime, the defence the Criminal Procedure Law clause counsels, Murat Ekici and Ali Rıza 289, allowing it the right to be Dizdar, of some of the defendants overturned. Furthermore, Your are seen entering and taking their Honour, as my colleague explained places in the courtroom. earlier, even though our client has The courtroom joins the been questioned on the issue of defendant Mehmet Haberal via Rıfkı Kamburoğlu and Sibel Akyol, video conference. this has not been included as part of the evidence in the indictment. The interrogation and defence It does not constitute a part of the continue. indictment’s content. I would like to bring this point to the attention Presiding Judge: The defendant of your court, Your Honour. has been read out his statement from Folder 6, Series 353, made at Presiding Judge: Please go the police station. ahead. Professor Haberal: Correct, Defence Counsel, Dilek Your Honour. Helvacı: Your Honour, if you prefer, after you have completed the Presiding Judge: The judge’s other statements, before we start the statement from folder 6, Series 357 cross-examination, there are certain have been read out to the defendant matters I would like to request to be and he has been questioned on it. taken into consideration. Should I Professor Haberal: Your make this request later? Or, should Honour, have you fi nished? I make my request now? Presiding Judge: No, let me Presiding Judge: Let us fi nish fi nish and you can speak. and then you can make your requests. Professor Haberal: Oh, I’m sorry. Please continue. Defence Counsel, Dilek Helvacı: Ok Your Honour. Ok Your Presiding Judge: We have Honour. Thank you. continued to read the defendant’s statement, in Folder 6, Series 357, A short break is taken. The trial

53 from we left off and he has been repeat, these institutions, which I questioned on it. have set up, I have done so for our country. They have been set up Professor Haberal: Yes, this for our people. First we set up the is correct Your Honour. However, charities and then I set up Başkent I would like to make one or University and its subsidiaries. In two corrections. The fi rst liver none of these institutions and in transplant in the world was carried no other way, is there any vested out in 1967, in Denver, by my interest for me, nor for my family professor Doctor Thomas Starzl. and nor for any of my colleagues. He was the fi rst person to use I want to stress that, through our a liver from a dead body. I am the work through Başkent University fi rst person in the world to perform and its subsidiaries, we are always

…under no circumstances do I accept these very serious accusations aimed at me. I deny them once again from here.” liver transplants from live adult proud to be serving Turkey. I donors. Also, in Europe, the Middle am a scientist. As I have served East and North Africa, I perform my country so far as a man of partial liver transplants between science, if God is willing, I wish children and their relatives. to continue to serve it in the same Additionally, I am the ﬁ rst person way. For these reasons, under no to demonstrate that the liver can circumstances do I accept these very be conserved in special liquids, serious accusations aimed at me. I outside the body, for over 100 deny them once again from here. hours. Furthermore, as the doctor Presiding Judge: The defendant performing liver, partial liver and has been read his civil registration kidney transplants between the and questioned on it. donors and recipients, I organise these. Of course, ﬁ rst of all, there is Professor Haberal: Yes, correct. new and positive medical research Correct, Your Honour. taking place on a daily basis by others. Secondly, as I continue to Presiding Judge: The defence

54 Counsel wanted add something. time slot. Therefore, in order to maintain judicial efﬁ ciency, we Defence Counsel, Dilek request the esteemed court and Helvacı: Your Honour, with the prosecution to not direct duplicate written application my colleagues and repeated questions on the presented to you today, before points in his statement, to our the cross examination of our client. We request this, also taking client, I would like to request the into consideration his precarious prosecution, the court and the state of health. parties in the trial to take into consideration certain matters before Secondly, Your Honour and directing questions to our client. honourable members of the court, as I mentioned in the beginning of Firstly, as you mentioned at my address, our client’s telephones the start of the trial and as you at Başkent Hospital were listened witnessed in the Cardiology to in an improper manner, violating Institute’s written report, they clause 135. have advised that our client can be questioned for periods of only one As much as it looks as though hour at a time. there is a court decision based on calls made from his mobile phone, On 20 January 2010, our client as I stated in my earlier discourse, presented the esteemed court all the numbers in question, apart with his detailed written defence from the 13 telephone numbers and its adjoining annexes. This I speciﬁ ed, are connected to the defence has even included detailed Başkent University Operator, explanations of the unlawful which does not have a court order telephone recordings, in order to to be listened to, and later as the strengthen the moral conviction of mobile phone was used in phone the esteemed court. However, this conferencing, these calls were evidence, all of it, is against the law unlawfully recorded. For this and cannot be used as a basis for reason, we request that no questions this trial. be directed to our client on these Furthermore, in order for our conversation transcripts, as per client to be able to testify, four clause 206 and other related clauses other defendants, four detained of the Criminal Procedure Law. defendants, have given him their Thirdly, even though we

55 requested from the esteemed court, at the witness, after establishing the recordings relating to our client, his identity and his address and they have still not been transferred telephone number, should be to his fi le. So, Your Honour, we whether they have a relationship of reserve our right to object to this family, friendship or enmity. matter. Even though, the witness Recai Lastly, we would like to point Birgün, in his statement has clearly out that in the indictment, there expressed that he has a hostile are two sets of notebooks, referred relationship with our client and to as diaries and attributed to our the doctors of Başkent University, client, which have still not, at this as a result of their ongoing legal stage of the trial, been submitted to and criminal court cases, he has his fi le. Amongst the indictment’s nevertheless been listened to as a annexes, at the outset, these were witness. However, this individual’s handed over to your court. While testimony is a piece of evidence your esteemed court was supposed of an unlawful characteristic. to, either accept or reject the Likewise, in the annex of our indictment based on this evidence, written application, we have also unfortunately, this missing evidence submitted the Supreme Court of was ignored, while unfortunately, Appeals 3rd Criminal Chamber’s our client is being charged on the 2002-dated precedent ruling, basis of these diaries. whereby in situations where there is animosity between a defendant For this reason, in order to and witness, the witness’ statement maintain a fair and just trial, in will not be considered. Recai matters concerning these diaries, Birgün’s allegations in relation we request that no questions are to Bülent Ecevit are baseless and directed at our client. purely subjective, derived from his Lastly, the relationship between hostility towards our client. the individual called Recai Birgün Furthermore, in the documents and our client is documented within and annexes summoned from the fi les concerning the various legal Başkent University by your and criminal lawsuits between the esteemed court, it is clearly stated two since 2002. According to clause that our client was not involved 58/1 of the Criminal Procedure in the team that treated one of our Law, the fi rst question to be directed former prime ministers, the late

56 Bülent Ecevit. For this reason, I my questions. Within the context request that no questions relating to of your case, there are claims and Recai Birgün and Bülent Ecevit are documents, alleging that there directed at my client. was an operation planned against the late Prime Minister to remove Thank you, Your Honour. him from his position. This was The court moves onto the the result of his stance against defendant’s cross-examination. the United States government’s policies on Iraq. It was alleged that Presiding Judge: Prosecution. members within the late Prime Your turn will come. Let us ﬁ nish. Minister’s political party were Your turn will also come. involved in this operation.

Prosecutor of the Republic, The testimony of Recai Birgün, Mehmet Ali Pekgüzel: Your who was the late Prime Minister, Honour, with your permission, I Bülent Ecevit’s, head of security would like to ask a few questions and later became a member of to the defendant, Mehmet Haberal. parliament, is included within the First of all, I would like to wish him case ﬁ le. well with his health. In his testimony, in short, he Mehmet Haberal, we tried talks of the Prime Minister, in 2002, to prepare our questions, with my being in the care of the hospital, colleague, in a clearer manner. I for which you are responsible. He would appreciate your response speaks of this period of treatment once we have ﬁ nished. I hope also coinciding with the press also that there will not be any coverage of the Prime Minister’s technical problems with the video state of health and there being a conferencing. Can you hear me planned operation to remove him now? Yes. from his position.

Presiding Judge: Don’t speak so The Democratic Left Party close to the microphone. The sound Group’s vice president, Emrehan is clearer. I mean the sound travels Halıcı’s statement, “If he had gone better when you are further away. to his last appointment, he would have been given a report deeming Prosecutor of the Republic, him feeble, unﬁ t and incapable of Mehmet Ali Pekgüzel: I will start working, to ensure that is removed

57 from the Prime Ministry” is from what I can see, you seem to documented in open sources. accept this person, Recai Birgün’s statements as being legal. They are You have said in your testimony not. at the police station and in your defence here, that you do not accept Neither have I heard anything these allegations and that you have of this sort about our late Prime responded to these allegations Minister Bülent Ecevit, nor has by pressing charges within your anyone had the courage, nor will legal rights. I am asking the ever have the courage, to propose next question based on your such a thing to me. This is because statement that you were involved I am a doctor. A patient comes to in a movement in 2006, which me and says, “Mr Mehmet. Above, you hoped would develop into a there is a God and below, there is I am the Mehmet Haberal who studied with the light of burning wood. Today, I use laser and God has allowed me to put my name to a few ﬁ rsts in this world. This is not my success. Whose success is it? It is the success of the Turkish Republic, created by Atatürk, his friends and our soldiers who have lost their lives to create this country out of nothingness. political party. In 2001 and 2002, Mehmet Haberal.” Please do not were you involved in any political misunderstand what I am saying. ventures? If you were, could you In communities, judges and doctors please explain these in detail? are equally important. Because both are related to human life. One, as I Professor Haberal: Firstly, said earlier, employs justice, which I have already, at least partially, is God’s command. If he cannot answered the questions you are employ justice, it means he does asking, at the start of my defence. not respect God’s command, that he Secondly, as my lawyer, Dilek denies it. The second, we doctors, Helvacı, pointed out earlier,

58 as I said earlier, are accountable the Undersecretary to the Prime to God. This is why, no one would Ministry. I had mentioned this have the audacity or the courage to earlier. It seems to have missed dictate to us which reports we need people’s attentions. to make and how we need to make them. This person, on 15 February 2010, on NTV channel and Not only that. As I have already Habertürk Channel, made stated in my testimony, I would statements, saying, “we obtained like to remind you of the Quran’s mutual consent from the hospital 5th Surat’s 32nd verse, “A man who to discharge the Prime Minister. has purposefully killed another, has But we received information from committed a sin as great as if he has headquarters, so we did not go for killed all the men.” Furthermore, a check-up.” So, at the same time, Isra Sura’s 33rd verse also contains this person is contradicting himself. the same things. Secondly, I have never had any Furthermore, the Nisa Surat’s political ventures or any thoughts 92nd and 93rd verses also make on wanting to do anything of the the same references. Therefore, sort. However, from time to time, to make such an accusation to a society or people have encouraged doctor, is the biggest insult and or nominated me. Excuse me, but punishment you can give him. our late Prime Minister Bülent Ecevit had also nominated me as For this reason, it is not possible presidential candidate. But I have for me to accept such a thing. always said, “No. The presidency Anyway, as I have said before, must be selected from within the I have found out about many of parliament.” Because I believe these incidents at the ofﬁ ce of the that our country’s parliamentary public prosecutor. So, this person democratic system necessitates this. in question, as I have stated before, Therefore, I have never had an aim in the second page of his statement to set up a political party. says that our Prime Minister has been given the necessary treatment My entire life, I have had only at Başkent University Hospital. one aim. And that is to advance He has been discharged and I and glorify my country. Thanks have personally handed over to God, I will highlight this again. his reports to Mr Ahmet Şağar, I am the Mehmet Haberal who

59 studied with the light of burning Professor Haberal: No, wood. Today, I use laser and God defi nitely not. has allowed me to put my name to a few fi rsts in this world. This is Prosecutor of the Republic, not my success. Whose success is Mehmet Ali Pekgüzel: Particularly it? It is the success of the Turkish during 2001 and 2002. Republic, created by Atatürk, his Professor Haberal: Defi nitely friends and our soldiers who have not. Defi nitely not. However, I lost their lives to create this country would like to explain something. out of nothingness. So, this means In the 1991 elections, our 9th that the Republic of Turkey has President Mr Süleyman Demirel, progressed from burning wood for had virtually, presented me with a light, to using laser. For this reason, fait accompli, so I was a candidate the only thing I can do is to try from Rize in the general elections to fi nd solutions to my country’s and this I have to tell you now. problems and see how I can help I am the man who created the the politicians with it. organisation called, “Green Card”. Additionally, I have always So, if millions of people benefi t said to my friends in this Dialogue from this Green Card, I have Group and later in the National created it. Therefore, I fulfi lled th Sovereignty Movement, “I could the 9 President Mr Süleyman never have a place in such a Demirel’s request and in the end political organisation because I said to myself, “I have fulfi lled my am a scientist. But, if there ever duty and our nation has made its is an organism that can make choice.” So, I returned to where I a contribution to our country, I belonged, the university. Apart from would not hesitate to provide my this, there has been no question of assistance.” This completes my any political activities. response. Prosecutor of the Republic, Prosecutor of the Republic, Mehmet Ali Pekgüzel: You stated Mehmet Ali Pekgüzel: I will repeat earlier that during our late Prime my question clearly. In the years Minister Bülent Ecevit’s term, Mr 2001 and 2002, have you had any Ecevit offered you the presidency. political initiatives? How did he do this? Did he tell you in writing or verbally?

60 Professor Haberal: No… look, parliamentary system. Therefore, this offer was made to me on 22 the 10th President needs to be April 2002. Brieﬂ y, that morning, selected by the parliament. For this Erkan Mumcu, who was the reason, please excuse me.” I also Minister of Tourism, came to our added, “If you permit, I would like hospital to visit a patient. At around to explain this to the public.” 12 pm, as he was leaving, he asked me, “What is going to happen with Our Prime Minister said to me, the presidency?” I said, “Why are “Please do not make any statements you asking me?” and he replied, until 2pm.” This was because there “We will see what happens in the was a meeting due at that time. I afternoon.” I continued with my accepted his request. Before the work. meeting started, I sent the press statement I wrote to Mr Hüsamettin Indeed, at 2 pm, I was Özkan. I informed him that I had nominated from outside the not accepted and that they should parliament and the late Ismail be comfortable to speak about it Cem was nominated straight from when I came for the meeting. This parliament. I really did not have is all there is to this. any idea about this. It was a real shock. Only God and I know how Prosecutor of the Republic, the next two days went by. Then, Mehmet Ali Pekgüzel: Recai on Monday at 9.30 am, I went Birgün, who testiﬁ ed as a witness, to visit Mr Hüsamettin Özkan, was a civil servant, working as who was living, at the time, in the head of security for the Prime parliamentarians’ housing complex, Minister and hence is one of the and told him that I could not accept closest people to him. Has there such a proposal. been hostility, that dates back further, between you and this man, After that, the late Prime who later became a member of Minister, Bülent Ecevit, called me parliament? Could you explain and said, “Mr Haberal, you did whether you have any information not request this, we nominated as to why he has made such you”. I replied to him, “Mr Prime allegations? Minister, thank you. I am honoured. However, according to my beliefs Professor Haberal: I certainly and my principles, our country do not have any idea why. I have is governed by a democratic not had any personal dealings

61 with him. Honestly, I do not know In your defence, you claim that what to say, as I cannot ﬁ gure out your contact with Yalçın Küçük, the Recai Birgün, whom I met at another alleged senior member the hospital and the Recai Birgün, of the Ergenekon Organisation, involved in this case. However, consists of both of you having unfortunately, his allegations are signed the Petition of the not true and it does not suit a Intellectuals in 1984. former head of security to say such things. In fact, the fact that he is Professor Haberal: Yes. a member of parliament, it suits Prosecutor of the Republic, him even less. It is inappropriate Mehmet Ali Pekgüzel: In the for a man, representing the indictment, in the sections relating Turkish people, to be making such to Yalçın Küçük, your name is also allegations. mentioned. I will have questions Prosecutor of the Republic, regarding this. For this reason, Mehmet Ali Pekgüzel: In your to begin with, could you please statement you made at the police explain in detail, in which year station, you have said the following your acquaintanceship with Yalçın about your relationship with the Küçük started; how close you are alleged senior members of the and your connections to him? Ergenekon Terrorist Organisation, Professor Haberal: It is out Yalçın Küçük and İlhan Selçuk, of the question that I have a close “I met Yalçın Küçük a few times, relationship with Mr Yalçın Küçük. during the time I was teaching As I already described in my at Hacettepe University. I have statement, I met Yalçın Küçük after not seen him for many years the coup d’état of 1980. In response since them. As for İlhan Selçuk, I to the anti-democratic movements know him from the media. I have our country was witnessing at the met him a few times at various time, we met through activities occasions and have encountered to see how we could help in him when he used to come to visit promoting democracy. his close friend, the late Doctor Hüsnü Göksel.” However, in the Excuse me, but I have to indictment, it is claimed that your say this. At that time, I set up a connection to Yalçın Küçük and university group to see what we İlhan Selçuk goes back many years. could do in terms of promoting

62 democracy. The Petition of the this petition, as one of the main Intellectuals came about at the time architects of the document was that our banned leaders, such as our my late teacher, Professor Hüsnü 9th President Mr Süleyman Demirel Göksel. I used to work in the same and the late Mr Erdal İnönü, were department as Mr Göksel and I also involved in seeing how the country studied under him in surgery. These could be led towards democracy. people also knew Mr Hüsnü Göksel and used to come to see him. In brackets, I would also like Likewise, İlhan Selçuk was also to add something with regard to Mr Hüsnü Göksel’s friend and he the Petition of the Intellectuals. At would also come from time to time. that time political discussions were held on the terms of the Europeans, Finally, this Petition of the to whom, unfortunately, we are Intellectuals was signed. As I said even today bowing down to. This earlier, as a result of this petition, I

…it is interesting that I would set up a terrorist organisation with people I have not seen in 25 years. This is nothing more than intentional slander made against me. damaged my honour because the went to the Court of Martial Law in Turkish state is as honourable, as Mamak, at the time, and testiﬁ ed. hardworking and as intelligent as I have my written statement. anyone else. It is impossible for This statement is evidence of my me to accept this situation. For this court hearing in Mamak in 1984. reason, the understanding, which Therefore, I have not had any other was highlighted, in the Petition dealings with İlhan Selçuk and of the Intellectuals was that the Yalçın Küçük. Of course, at this Turkish Nation can stand on its moment, I respect İlhan Selçuk. own feet and can resolve its own I also respect Yalçın Küçük as a problems. As a result of this, I person. However, apart from this, I did come into contact with Yalçın do not know them very well. This is Küçük a few times. In our meeting the extent of my dealings with them he did ask whether I would sign and apart from this, I have not had

63 any other involvement with them. he used for the errands of the organisation. First a decision was Which is why it is interesting. taken to organise press conferences For 25 years, I may have seen in Ankara and Istanbul to make a Yalçın Küçük and possibly İlhan statement on the petition, but they Selçuk I’m not sure, when they then changed their minds on it. came occasionally to see Mr Hüsnü During this time, there was then Göksel. Apart from this it is out of the idea of making an appointment the question that I have had any for a meeting with the President, other contact with them. Therefore, Kenan Evren. However, to me it is interesting that I would set up this seemed like an evasion. İlhan a terrorist organisation with people Selçuk had said that he would make I have not seen in 25 years. This a statement on this document in a is nothing more than intentional press conference in Istanbul, but he slander made against me. was not going ahead with it. This Prosecutor of the Republic, is how our meeting ended and we Mehmet Ali Pekgüzel: In a text managed to deliver the Petition obtained from the defendant, Yalçın of the Intellectuals, in a manner I Küçük, titled, “The Nesin Petition came up with, to the door of the of the Intellectuals”, your name is President’s residence in Çankaya. mentioned in the body of writing. I Later, in 2007, I thought up will now read sections of the text, a Republic Manifesto and I was as follows “Hüsnü Göksel had able to convince our valuable opened his whole house, which professor to lead us. It took two was walking distance from the months. Then, I met with many of President’s Residence in Çankaya, our intellectuals and our professor. and we held our important meetings There was a lot of excitement and there. Sometimes, jokingly, we we were making great headway.” referred to his house as the “House of the Illegal Organisation”. Doctor What do you say to Yalçın Mehmet Haberal was assistant Küçük’s account? On the contrary professor under Hüsnü Göksel. to your statement, here it shows Haberal (at the time Haberal your connection to him as being abstained from signing the Petition more than just mutually signing a of the Intellectuals – I feel the petition. In fact, he goes beyond need to document this) he had a this to say that you were involved Tofaş brand station wagon, which in drawing up the petition together.

64 In 1980 or later, have you had Doctor Hüsnü Göksel had only any dealings with Yalçın Küçük, as one aim, which was to be able to is explained in his body of writing? contribute to the Turkish Republic Please explain. created by Atatürk, his friends and our soldiers who lost their lives in Professor Haberal: I view with the process. disapproval, a man with the title of professor, using such an expression. Sir, let me remind you, on 16 This is because I have never May 1919, when Atatürk went …the claim that I did not sign the Petition of the Intellectuals is, unfortunately, an outright lie and slander. Because, in this petition, the names are listed according to surname and my listing is 516. attended any meetings, in relation from this city to his hometown of to the Petition of Intellectuals, Samsun, within the same country, which took place at my teacher he had to obtain a visa from the the late Doctor Hüsnü Göksel’s occupying forces. house. I also ﬁ nd it deplorable and an insult that he should associate Why am I telling you this? my teacher, the late Doctor Hüsnü When my late teacher, Doctor Göksel, with such an activity. I Hüsnü Göksel was a child, his would never do this to my teacher, mother had to apply for a visa nor to anyone else I know. from a British Sergeant Major, to be able to travel from Istanbul to Doctor Hüsnü Göksel is one Bandırma. This passport used to of the ﬁ nest surgeons in the world be in the museum I established and when it comes to, particularly now it is in the home of Doctor breast surgery. I have turned his Hüsnü Göksel’s daughter. If anyone treasure into a museum at Başkent wants to see it…In fact, most of University Ankara Hospital. our people should see this passport, For this reason, because of this to see from where this country description, I disapprove of Yalçın has come from and to embrace the Küçük and I object to him. I have Turkey of today. never attended any such meeting at this house. For this reason, this association

65 made is an ugly one and does not you have a Tofaş brand car? suit a man carrying the title of professor. Professor Haberal: Tofaş? Yes. Correct. I did. I did. Secondly, the claim that I did not sign the Petition of the Prosecutor of the Republic, Intellectuals is, unfortunately, an Mehmet Ali Pekgüzel: Did you outright lie and slander. Because, share this car with Yalçın Küçük? in this petition, the names are listed Professor Haberal: Murat 24… according to surname and my name Murat…Murat 124… Yes, I had a is listed as number 516. Here, this Murat 124 car. At the time, these is my document. I testiﬁ ed at the cars were new. But, yes, I was an Court of Marshall Law precisely assistant professor at the time, so I because I signed this petition. could afford one.

Of course, I want to confi rm to Prosecutor of the Republic, you from here that I will use my Mehmet Ali Pekgüzel: Did you legal right against Yalçın Küçük. share the use of this car with Yalçın I want to make a point of telling Küçük? you this now. Furthermore, I continue to say that the Petition Professor Haberal: Defi nitely of the Intellectuals was truly very not. Look, I am telling you. I important for our country. Had never had a close relationship we complied with it, maybe our with Yalçın Küçük. And as I have country would not be facing many said before, I have only ever met of its problems today. Thank you. him at Doctor Hüsnü Göksel’s general surgery offi ce at Hacettepe Prosecutor of the Republic, University. Other than that, I have Mehmet Ali Pekgüzel: During that no connection to or dealings with time, did you own a Tofaş brand Yalçın Küçük. car? Prosecutor of the Republic, Professor Haberal: I don’t Mehmet Ali Pekgüzel: Again, as is understand. mentioned in this text, do you have Prosecutor of the Republic, any knowledge of the Republic Mehmet Ali Pekgüzel: At the time, Manifesto? Can you please during the time that the Petition of explain? the Intellectuals was written, did

66 Professor Haberal: No, I don’t. would not.” I said, “Sir, I would put No, I have no information on this. my signature to this immediately.” However, I suggested, “Sir, let Prosecutor of the Republic, us not distribute this to too many Mehmet Ali Pekgüzel: Again, this people. A committee of 50 men of document states the name of İlhan science and knowledge should sign Selçuk. It also states that he was it. If it goes out to too many people, as well involved in the preparation it would change the essence.” of this petition and that you and he Unfortunately, I was right. Of were also present in the meetings in course, during his travel, there were the house in question. What do you many problems. And so, I also have to say about this? signed it this way. Undoubtedly, my Professor Haberal: No. late teacher was right. Defi nitely not. I have told Later, I testifi ed at the court you that I did not do it. I had, of Marshall law. I was subjected without question, no input in the to disciplinary action at the preparation of this manifesto. I will university. This disciplinary action explain from the beginning. During was later abolished, as a result of a conversation, one day, my late a law passed in parliament by the teacher, Doctor Hüsnü Göksel said, late Mustafa Taşar. Otherwise, “I will tell you something, but the unfortunately, we were given outcome could be troublesome.” I disciplinary punishment at the said, “What is it, Sir?” He replied, university. “You see the state Turkey is in. From one side, we have our internal My teacher had also warned of problems. From another side, look this at the time. However, Sir, to do at the state the Europeans, who what is required for my country is have broken our honour, have put not only my responsibility, but is us in. As intellectuals, let us try to the duty of all of us. I would like to communicate our opinions to the make this reminder to all of us, to Presidency and the Assembly. Let all the citizens of the Republic of us say that this does not befi t us, Turkey. that it does not befi t our country. That maybe we can do what is The German Emperor was necessary? But do not append your going to take away the vehicle of a signature to this. I know that you well-known farmer. The farmer said would, but I would hope that you to the Emperor, “You can take my

67 car, but know that there are judges Erdoğan to Haberal. As was done in Berlin.” Well, Sir, if there are with Ecevit, it would be appropriate judges in Berlin, are there not also to place two of General Aytaç’s judges in Turkey? security guards at the door, so he doesn’t run away. After all, he is For this reason, Sir, a doctor, so it would be possible unfortunately, as I said in my to obtain a report for Erdoğan, statement, these make up what saying that he is not able to work. General Ismet referred to as a The country’s important interests regime of slander. Unfortunately, have reached this point. There is an it saddens me greatly to see that, element of depravity in this.” today, my country is moving towards such a regime of slander. Again, in another excerpt….”

Sir, I want to reiterate that these Professor Haberal: Yes. are all acts of defamation and to quote from the late General Ismet, Prosecutor of the Republic, “If a regime of slander exists in a Mehmet Ali Pekgüzel: He goes country, the people of that country onto say, for instance, “When you will not have the strength to ﬁ ght go to Haberal, it is well-timed to foreign invaders.” get a report stating that you are unﬁ t to work. Haberal, this time, Prosecutor of the Republic, would not miss the chance.” He has Mehmet Ali Pekgüzel: The reason explained this in detail. I have just behind our question is not to summarised it. criticise the contents of the petition, but to expose your connection to Professor Haberal: Yes. the organisation. That is why we Prosecutor of the Republic, are asking the question. Mehmet Ali Pekgüzel: You have Again, we have found some explained your connection to notes concerning the health Yalçın Küçük but he has written situation of our late Prime Minister extensively about you. What do Bülent Ecevit, in the computer of you say about that? Are you close Yalçın Küçük, another defendant in enough for him to be able to write this case. I will read some excerpts about you in this way? Can you from this document to you. “I think please explain? we need to immediately take Recep Professor Haberal: I have told

68 you already. First of all, it is not As doctors, it is our duty to treat all true that I have a close relationship people seeking medical care. It is with Yalçın Küçük. Secondly, impossible for me to accept these whoever the Prime Minister is offensive allusions. of this country, the fact is that he represents the Republic of Turkey. Prosecutor of the Republic, For this reason, no one has a right Mehmet Ali Pekgüzel: In the to write about him in this way. By indictment it is alleged that the making such an association with the Republic Working Group is created Prime Minister, he is making the to organise a coup d’état, under same association with the Republic the code names Yellow Girl, of Turkey. Moon Light, Phosphorescence and Glove, intended to take place in the I always say, the institutions years 2003/2004. It is understood belong to us. The people at the that on 19 October 2003, there head of these institutions and was a meeting organised with authorities are here today, but gone university rectors and headed by tomorrow. For this reason, our duty Mehmet Şener, the Commander is to ensure that we don’t cause of the Gendarmerie. The purpose any harm to the people at the head of the meeting was to organise of these institutions, provided that the Republic Working Group’s the institutions themselves are activities to be performed in protected. I repeat once again that it 2003/2004, which also included is shameful and unacceptable for a academic activities and efforts man carrying the title of professor towards brieﬁ ng universities. In this in front of his name, to be speaking meeting, it is alleged that subjects about the Prime Minister of the relating to current government Republic of Turkey in this way. pursuits and political reactions And I have no connection to this were discussed and that 15 to subject, or to this man and I am not 20 university rectors said they aware of anything of this sort. were ready to become Kubilay. It is claimed that it was decided I am, of course, a doctor. In that on 25 October university the past, when he felt unwell, our rectors and teaching staff would current Prime Minister, Mr Tayyip go to Anıtkabir. If I did not Erdoğan, has come to Başkent misunderstand, you afﬁ rmed that University Hospital and we have you did not attend their meeting treated him and he has left again.

69 organised on 19 October 2003. Prosecutor of the Republic, Mehmet Ali Pekgüzel: I have not Professor Haberal: No, no, no. asked my questions yet. I most defi nitely did not attend this meeting. Professor Haberal: By no means did I know about this. Prosecutor of the Republic, Mehmet Ali Pekgüzel: In the Prosecutor of the Republic, month of October in the year 2003. Mehmet Ali Pekgüzel: I have not asked my questions yet. I Professor Haberal: Anyway, have simply read the statement. in the statement I also gave at the In October 2003 where were you? prosecutor’s offi ce… And where were you employed? Prosecutor of the Republic, In 2003, in the month of October, Mehmet Ali Pekgüzel: Yes. where were you employed and where were you? Professor Haberal: I stated the same thing and I also said that I Professor Haberal: In 2003, was fi nding out about this for the I was the rector of Başkent fi rst time from them. University and I was in Ankara, at my work. Now, when you say Prosecutor of the Republic, 2003… from time to time I go Mehmet Ali Pekgüzel: Yes, in to international conferences. At 2003. times, I travel quite frequently and when the conference is in Europe Professor Haberal: I am not or the Middle East, I go in the aware of this. The prosecutor asked morning and return in the evening. me and I said to him, “I have just So, when you say 2003, I have found out from you that there was so many activities…I mean, as a such a meeting.” I defi nitely am scientist, I am also the dean of a not aware of it and do not have any huge university with thousands of information on it. students. I am working… I am busy Prosecutor of the Republic, with my work. Mehmet Ali Pekgüzel: Yes. Prosecutor of the Republic, Professor Haberal: This is Mehmet Ali Pekgüzel: Yes. something completely beyond me. Professor Haberal: Apart from this, of course, I don’t understand

70 the purpose of this question. If I who attended the alleged meeting knew the purpose of the question, at the Gendarmerie Command I would be able to respond Headquarters have been written accordingly. down. Mehmet Haberal’s name is not on this list. For this reason, this Prosecutor of the Republic, question contradicts the assessment Mehmet Ali Pekgüzel: Yes, within the indictment. I request that exactly. This is a subject dating this question be retracted. Thank back seven years. However, you are you. a university rector and the director of many associations, charities Presiding Judge: Is this the and companies. You attend many reason you asked this question? scientiﬁ c panels. Of course, with so many obligations, your meetings Prosecutor of the Republic, take place around a schedule. You Mehmet Ali Pekgüzel: His name have a secretary who arranges your may not be on the list However, can meetings. he, nevertheless, provide us with documentation proving where he Do you have any kind of was that day? evidence, which would prove where you were on 19 October 2003? Defence Counsel, Dilek Could you please explain if you Helvacı: You Honour, he is saying have access to any proof, such as that he did not attend the meeting. your secretary’s diary, conference Professor Haberal: No, I did attendance documents or any other not attend this meeting. I am telling documentation? Please explain. you this. Sir (to the prosecutor) I Professor Haberal: No. No. am telling you. I am saying that I found out about this meeting when The defendant Professor I was asked this question at the Haberal’s defence counsel, Ms Prosecutor’s Ofﬁ ce. I don’t have Dilek Helvacı asks for permission any other knowledge of it. How to speak. She is granted permission. could I attend a meeting I had no knowledge of? I am telling the Prosecutor of the Republic, prosecution that I found out about Mehmet Ali Pekgüzel: Yes. this meeting from you. I have no Defence Counsel, Dilek other information on this. I don’t Helvacı: The names of the rectors know who attended and what the

71 outcome was. Professor Haberal: No. Let me explain something. I know that Presiding Judge: Sir, the the Turkish Council for Higher question has been answered. Please Education organised this meeting. go ahead (to the prosecution). We were informed of this. What Prosecutor of the Republic, we were told was that university Mehmet Ali Pekgüzel: On 25 teaching staff and rectors would go October 2003, a rally by the name to Anıtkabir on that day and place a of “Respect to the Republic” was wreath on Atatürk’s mausoleum. organised, as per the decision taken On that particular day, I had at the meeting, believed to have surgery. I was due to perform a taken place on 19 October 2003. kidney transplant surgery. So, I This rally consisted of a meeting, only went to Aslanlı Yol. We placed followed by a protest march to the wreath and then I returned Anıtkabir and was attended by immediately to go into surgery. university rectors, university After that, it seems that there were teaching staff, students and many incidents which took place. thousands of citizens from various I did not have anything to do with provinces. It was observed, that any of them, nor was I involved in during the rally, some university any way. students were carrying banners with “Army to Duty” written on them. According to information I was In addition to other defendants of given, it seemed to me that this was this case having attended, it was a march organised directly by the observed that Istanbul University’s Council of Higher Education and rector, Kemal Yalçın Alemdaroğlu, naturally, I attended, which was of and the Council of Higher course within our constitutional and Education’s director, Kemal Gürbüz legal rights. I then came back and had also attended. went into surgery. Apart from that, I did not have anything else to do Did you also take part in this with this matter, Sir. protest march? Did you assemble students, academicians or other Prosecutor of the Republic, citizens from your area, arranged for Mehmet Ali Pekgüzel: Was there buses or participated in any other a signiﬁ cant reason that the protest activity in relation to promoting this march was organised on that rally? Please explain. particular date?

72 Professor Haberal: Which one Prosecutor of the Republic, Sir? Mehmet Ali Pekgüzel: Does such a walk take place every year? Prosecutor of the Republic, Mehmet Ali Pekgüzel: Was there Professor Haberal: And a particular reason that this protest anyway, while I was there, I did not march took place on 25 October? see any banners reading, “Army to Duty” because I came quickly and Professor Haberal: No, Sir. I left quickly in my car and then went don’t know. into surgery.

Prosecutor of the Republic, Prosecutor of the Republic, Mehmet Ali Pekgüzel: How did Mehmet Ali Pekgüzel: Every year, they explain it to you? do rectors come together in this

If Turkey will not be a Turkey that Speaks, I wonder how we would explain true democracy to the population.

Professor Haberal: No, there was no explanation. From the way and organise such a march? Is Council of Higher Education, we this a customary practice? were told that there would be a Professor Haberal: No, this is march to Anıtkabir, where a wreath not a customary practice. However, would be placed. That is all I know. at times, when there are national or Apart from this, I don’t have any international issues concerning the knowledge or information on future of our country, invariably, anything else. universities should carry out their Prosecutor of the Republic, national duty. In other words, Mehmet Ali Pekgüzel: Every year, universities are not institutions in the same way. that simply produce knowledge. If that was the case, it would be Professor Haberal: I am saying difﬁ cult for countries to develop. that I went and then came back and Universities are the future of a went into surgery. country. They serve the knowledge base of a country, as well as ﬁ nding

73 solutions for its national and university students, to work to the international problems. beneﬁ t of their country. If this does not take place, there is a lack of It is interesting. Approximately jurisdiction. a month before I was brought here, a senior ofﬁ cial came to me and Deputy Judge Hüsnü Çalmuk: said, “Mr Mehmet, as a university, “Your Honour, can we please take a please provide assistance to us quick break?” so that we can at least solve our problems.” There is a break during the hearing. For this reason, in some ways, universities can contribute towards The hearing continues from helping the bodies running the where it left off. country to solve their problems. In the mean time, the detained In our society, it is said that defendant Durmuş Ali Özoğlu is universities are disconnected from seen entering, while the detained society. They say that universities defendant Mehmet Koral, who is do not mingle with the community. feeling unwell is seen leaving the If this is how universities are courtroom. The defence counsels perceived to be, when certain Bülent Vural, Mehmet Aydın and constitutional rights are brought Namık Kemal Hatipoğlu are seen up, if they are misinterpreted entering and taking their places in and wrongly evaluated, how will the courtroom. universities be immersed and integrated within society? The courtroom connects to Mehmet Haberal via video Hence, this, in a way, is a conferencing. democratic right. I remember very well, the words, “The Turkey that Defence Counsel, Dilek Speaks”, which were spoken of Helvacı, asks for permission to as a potential slogan. If Turkey speak. She is granted permission. will not be a Turkey that Speaks, I wonder how we would explain Defence Counsel, Dilek true democracy to the population. Helvacı: Your Honour, before we In a democratic country, it is the continue with my client’s cross- duty of all citizens with normal examination, could I please make a constitutional rights, and not only statement. Your Honour, during the

74 cross-examination of our client, this statement. That is not a problem. incident took place this morning. I am presenting this report to the Defence Counsel, Dilek Deputy Judge, Mr Hüsnü Çalmuk. Helvacı: Your Honour, I know that, but my client, rightfully wants to During the hearing, on the heart eliminate this injustice he is faced monitor, we observed one multiple with. I cannot prevent that. local ventricular tachycardia attack made up of six or seven beats Presiding Judge: You are still and frequent supra ventricular saying “but”. If there is a “but”, let tachycardia attacks at speeds of 160 it be. If your client wishes to speak, minutes. Additionally, his blood let him speak. We are not taking pressure has gone up. away anyone’s right to speak. You are speaking more than he Taking into consideration the is, madam. Please, let him speak. poor state of health of my client, I Please. If he wants to speak in his would like to request the court to defence. show sensitivity to this. As a matter of fact, the answers to the questions Defence Counsel, Dilek asked by the prosecution today are Helvacı: But your esteemed court all in his written statement, Your and I have his written statement. Honour. Ok. Then, when I tell you, say that this is already in your written Presiding Judge: Madam, statement. Madam, one minute. The written statement is in my hands. You Professor Haberal: Of course, are also familiar with the written of course, of course. Yes. statement. Defence Counsel, Dilek Defence Counsel, Dilek Helvacı: Ok, Your Honour. My Helvacı: Yes, Your Honour. client will make a statement.

Presiding Judge: Also, the Professor Haberal: Sir, Your answers given to the written Honour, your voice. statement are known. If the answers Presiding Judge: Mr Mehmet to the questions asked are contained Haberal, your written statement is in the written statement, your with us. client can state that he has already answered them in the written Professor Haberal: Yes.

75 Presiding Judge: In your highlight, that there is only one statement, you have replied in reason why I have been here for detail, to all the allegations made so long. For all our appeals for against you. If there is a question my discharge, the response we get directed at you now, to which you is “Serious Suspect”. Whatever have clearly responded already this serious suspicion is, I have to in your written statement, you ﬁ nd out here. I need to know what can reply by saying that you have this is as I need to explain it to the already answered it in your written Turkish people. I need to explain defence and that you do not need to this, Your Honour. For this reason, answer it again. This is completely you can ask the questions you want. up to you. Is that clear? Thank you.

For all our appeals for my discharge, the response we get is “Serious Suspect”. Whatever this serious suspicion is, I have to ﬁ nd out here. I need to know what this is as I need to explain it to the Turkish people. I need to explain this, Your Honour.

Professor Haberal: Your Presiding Judge: Sir, if you Honour, all the questions which I would be calmer it would be better was asked today, have their answers for your health, although your available in my written statement. doctors are with you. Nevertheless, You appreciate that I have provided if possible please try to be calm, this statement on 20 January 2010. so as we do not create any health For this reason, as I have already complications. If you know what I mentioned earlier today, I gave this mean. statement and I think that it has obviously been evaluated by you. Professor Haberal: Your Hence, I summarised and on other Honour, thank you very much, but topics, tried give more substantial unfortunately in my country, there information. is a Mehmet Haberal, who is being charged with setting up and running However, I would like to a terrorist organisation. Forgive me,

76 but I wonder what anyone else in today. Anything can happen and my place would do. everyone has his fate. Thank you.

Your Honour, this is very Prosecutor of the Republic, degrading for me. I mean, I am Mehmet Ali Pekgüzel: In your being charged with starting and defence you criticised your running a terrorist organisation in questioning of the protest march my country. Who is being charged? of 25 October 2003. It is without Mehmet Haberal. a doubt a legal right to organise a protest march and to place a wreath I am not only answerable to my at Anıtkabir. country, but also to other scientists in the world. Why did the judges in However, is it also a democratic my country keep me detained for right for university rectors to 356 days? Why did they keep me meet at the headquarters of the for 356 days in a 10 square metre gendarmerie to organise a protest room? Why did they put me in a march in preparation for the cell? An iron door, double locks, 3 foundations of a coup? Please to 4 square metres. Why did I end explain. up in a cell? It is my right to know. It is also my people’s right and Professor Haberal: Let me the right of all those who believe say this. As I said before I have in me and trust me, to know, already answered this in my signed Your Honour. For this reason, I testimony, but I would not know am asking; I am requesting. I am this. Excuse me, but I would not saying that I have to know for know the purpose of a meeting, what reason I am under serious which was organised outside me suspicion. knowledge. I only found out about this meeting here. Is this really I want to say something possible? today, whatever it will cost me. Unfortunately, I want to say this. Furthermore, do you really In the Quran’s Tawbeh Surat’s think I would approve of something 51st verse God says, “Nothing like this? I mean, in 1984 there will afﬂ ict us save what Allah has was a revolution and I stood up ordained for us.” to the anti-democratic activities of this revolution by putting my Therefore, things can happen signature on a document and being

77 punished for it. And, in spite of this, and anyway, I want to highlight this here I am, being subjected to this point once again. Whatever is in discussion. the interest of the country needs to happen in a constitutional manner. What I am talking about are not democratic practices which would Not only that, but, as you know, shadow the future of the country. there were some legal repercussions Normally, as per the 25th and 26th after that meeting and the result was clauses of the constitution. I mean that people who had attended were if my country is democratic. If the acquitted. Furthermore, the meeting Republic of Turkey is a democratic had taken place with permission. country governed by the rule of law So, this was not a meeting decided - I wish no offence to anyone by behind closed doors. It is a meeting what I am about to say – now, the held with permission, in a legal people governing this country make manner. speeches on television, to say that Turkey is ruled by the rule of law. Please let us not confuse things. In that case, Mehmet Haberal is The march to Anıtkabir should not asks himself, if that is the case, then be confused with topics discussed why on earth am I here?” in other meetings here and there. Anıtkabir is a place where every Therefore, Your Honour, the Turkish citizen needs to visit and people of this country need to do learn a lesson from because we owe what is in the best interest of this our existence today to Atatürk, his country. If they cannot do this, then friends and to the life of our great we need to worry. What I am saying soldiers. is that the Turkey who Speaks has to speak out. So, when someone Prosecutor of the Republic, says something, his words are Mehmet Ali Pekgüzel: How did distorted to mean something very the Council of Higher Education different and one needs to know inform you of this meeting? Was it what a sin this is. In other words, I verbal or in writing? did not attend that meeting. I don’t Professor Haberal: At this what the purpose of the meeting moment, I do not recall how this was. When the message about the meeting was communicated to us. meeting came, I accepted it because It may have been communicated by it came from the Council of Higher friends, saying that there was such Education. This is why I took part

78 a meeting, in such a place, on such universities would go to place a a date and as a result I attended. wreath on Atatürk’s mausoleum. Please tell me Sir, according to So, the staff of Başkent University you, what part of this meeting was and I attended. illegal? However, my attendance was In reality, this is not really a very short. Anyway, my teaching meeting. People came from the staff and I returned back swiftly universities to Anıtkabir to place to get back to work. This is the a wreath. They told me, we are situation. going to Anıtkabir to put fl owers on Atatürk’s mausoleum. They place Prosecutor of the Republic, the fl owers; they come back and I Mehmet Ali Pekgüzel: Could you also come back. please explain whether, at the time, this demonstration purported to Yes, apart from this, there protest the government’s practices are some activities which are not and to elicit a reaction, to the same completely legal. As I said earlier, effect, from the public and the there is appropriate legal action army, who make up a part of the taken against these illegal activities public? and the suspects were acquitted. So, did the people taking the Professor Haberal: Do you decision to acquit, make a mistake? really think this would happen, So, please do not confuse other Sir? I mean, in a democratic meetings, taking place elsewhere, country – a currently democratic with this particular march. country – do you really think that the universities would pour to the Prosecutor of the Republic, streets advocating an undemocratic Mehmet Ali Pekgüzel: So, did the action from the army? universities board take any decision in relation to this? Did you attend Also, how can such a on your own or did you attend with connotation be construed to this your students and teaching staff? meaning? Normal people, normal university staff, with their rectors, Professor Haberal: No, it was have gone to place fl owers at a university. No, Sir, this is not Atatürk’s mausoleum. How can this a personal thing. The message be wrongly interpreted? was that the teaching staff of the If we interpret such conduct in

79 this manner, then no one should In which democratic country, do ever do anything. Then, no one people leave their phones outside should use his constitutional right. the meeting room when they want to have a meeting? Unfortunately, the picture I am seeing today is extremely And then they say, we had the saddening. It is, in fact, frightening. meeting, but so and so should not hear about it. What is this? Can you No offence, but now phones call this right to freedom? How can are being listened to. The phones this be possible? of Başkent University Ankara Hospital are being listened to Unfortunately, the picture of without a court order. How can this my country I see today, is that it is be possible? So, do you think the going in a strange direction. Turkey people there can behave freely, in does not deserve this. Atatürk has a normal fashion? So, why do we said, “every corner of this country have telephones? Why do people is stained with the blood of many of communicate over the phone? our martyrs”. Before I knew this, I “Do I intervene in matters concerning your country? Therefore, you cannot intervene in matters concerning my country. My country is one of the world’s most credible countries. I am responsible for this congress, so the congress will be held here.”

Two people come together. used to say that in every centimetre They say, come in, but leave your square of my country, lies the life phones outside. Let us speak of one of our countrymen. together here. How can this be possible? Is this what the Republic Our primary duty is to look out of Turkey was created for? Does for our country. For this reason, all this behaviour suit the Turkish this is very upsetting and let me say Republic? Does this suit the that, to be discussing this, in this Turkish Republic Sir? Is this really way, here is very lamentable. To put possible? the universities in a situation where

80 they are made to look as though Haberal is asking us to do.” So, they are encouraging an army God willing, if I can be acquitted revolt, makes me wonder if there and be freed, in June this congress is a different kind of revolution will take place in Istanbul. waiting to happen in the future of this country. Oh, there was another incident. The board of directors of The Let me give you an example. Transplantation Society elected me During two years I was president of as the representative for the Middle the International Society for Burn East and Africa. I applied for the Injuries and in 2008 I organised Society’s congress in 2016 to be a congress in Montreal, Canada held in Istanbul. I am 100% sure and in 2010 I organised a congress that we will hold this congress in in Istanbul, Turkey. While the Istanbul. 100% sure. preparations of this congress were underway, I was, unfortunately, Of course, I was arrested in the taken into custody. When this meantime. The board of directors happened, the board of directors met in May, but because I could not convened in July and they said that attend, the meeting was postponed. they could not hold the congress They convened again, but again as in Istanbul as Mehmet Haberal is I was not there, the meeting had under arrest. Look how far this to be postponed. In August, they situation is going. Through the will convene again in Paris, but my intermediary of my lawyers, I Australian friend, who is also the sent the following message, “Do chairman of the board, is saying, I intervene in matters concerning “If you cannot attend this meeting, your country? Therefore, you I will postpone it because you will cannot intervene in matters not be there.” concerning my country. My country Sir, for seven months this is one of the world’s most credible meeting got postponed and in an countries. I am responsible for this email he sent me in September, congress, so the congress will be he said, “I will try to postpone held here.” this meeting for as long as I can.” I practically gave them an However, there is a rule. For ultimatum and so my friends scientiﬁ c congresses, the venue re-convened in September and needs to be conﬁ rmed at least six decided, “We will do what Mehmet months in advance. And of course, I

81 dreamed. I thought to myself that I Otherwise, we cannot contribute to would, anyway, be out by them and the development of our country. that I could move the congress to my country. Prosecutor of the Republic, Mehmet Ali Pekgüzel: The However, unfortunately, testimonies say that in this protest Mehmet Haberal is still here. As a march, there were some people result, the decision for that congress carrying banners calling the “Army was taken on 6 February and my to Duty”, trying to mobilise the friend told me sadly, “I am very army. sorry, but I had no other choice. I have to do this.” And the congress Professor Haberal: Sir, I am will now be held in either Argentina sorry. Sir, would it be possible to or Thailand. speak louder?

The number of attendees of the Prosecutor of the Republic, congress is at least 10,000 people. Mehmet Ali Pekgüzel: Should I 10,000 scientists. It was going to speak louder? be held in Turkey, but because Professor Haberal: Yes, please, Mehmet Haberal is under arrest, a little. unfortunately it had to come to this. Presiding Judge: Sir, please You know, the saying amongst move away from the microphone. our people goes, “When the arm Please move away, a bit more, a bit breaks, it stays in the sleeve.” But more. unfortunately, these incidents in our country end up reﬂ ecting in other Prosecutor of the Republic, areas. And I am sorry to say, that Mehmet Ali Pekgüzel: He asked with these incidents, it seems to me me to turn up the volume, but it that our country’s prestige is being distorts the sound. How is it now? I chipped a little. can’t hear. Can you hear me clearly now? Therefore, as I have always said, my and our citizens’ primary Professor Haberal: Yes, it’s responsibility is to propel forward good now. and glorify our country. For this, we need to use all our legal, Prosecutor of the Republic, democratic, legitimate rights. Mehmet Ali Pekgüzel: If you could direct your answers to

82 the whole court, not just to the did not see it and I did not know prosecutor, but to all the members about it. of the court, it would be more appropriate. Let me explain. Prosecutor of the Republic, Mehmet Ali Pekgüzel: In Professor Haberal: Ok. My the indictment, based on the apologies. I am not aware of the organisation’s conﬁ scated rules. Yes. documents, it is claimed that the Ergenekon Terrorist Organisation Prosecutor of the Republic, advocates the inﬂ uence of the Mehmet Ali Pekgüzel: It is political sphere, by steering understood from the testimonies political parties from a central and the photographs that there were hub and that their activities aim to some people at the march, carrying achieve this. banners, calling the “Army to Duty.” Do you have connection to As it is claimed that you this? are a senior member of this organisation, you are also accused Professor Haberal: Were these of participating in these activities. banners used at my university? We have a phone conversation Prosecutor of the Republic, you had on 30 November 2008 at Mehmet Ali Pekgüzel: At the 21:20, with Mustafa Sarıgül. In the demonstration in question. statement you gave at the police Defence Counsel, Dilek headquarters, you said that this is a Helvacı: He is talking about the normal conversation you have had banners “Army to Duty” by the with Mustafa Sarıgül. I will read people who were acquitted. Were this conversation now. Mustafa you not there? is heard saying, “Oh, what was that crowd, that wonderful crowd. Professor Haberal: No, no. Allow me until the local elections. I have already said that I did not After the local elections, I will have even see them. I did not see any of 262,000 voters. I will win with this personally. I found out about it 70% of the votes and then, with from the press later. Not only that, our minister, Hüsamettin Özkan, but these people were acquitted. I will come to see you and I will When I say this, I do not mean that tell both of you, “I might become it is legitimate or legal, but that I Turkey’s Prime Minister. But my

83 Prime Ministers will always be want. I want you to know that I you. I will delegate my road map to gave him an instruction.” Mustafa you, if you would allow me.” You says, “Sir, thank you very much. have allegedly replied as saying, This week, I will visit our friend. I “Mustafa, yes, look, I congratulate will speak with him and relay your you, but I tried to reach you earlier. instruction. Sir, thank you.” So, Everything is very good, but my we have this particular telephone request from you is not to fi ght with conversation you have had. the main opposition party. You call this a normal It is alleged that Mustafa conversation, but it sounds like Sarıgül also said, “Sir, I got your there is a situation, which is not instructions and completely normal. You tell a popular and changed my speech. I brushed over ambitious politician, not to speak a few things, as I was told to speak about a political party, which is, to you. I did get your message, so furthermore, his opposition and don’t worry.” Then, you allegedly he accepts. He accepts before the replied, “Thank you because we election. This advice you give him need you. You are needed by is not after an encounter, but you this country. Let us not get into make an effort to reach him to be unnecessary problems.” And able to tell him this. Could you Mustafa Sarıgül replied, “Yes, Sir. please explain what your purpose I have gotten the message sir. I will was in telling him this? keep my mouth shut on this subject, until the eve of the local elections.” Professor Haberal: Your You said, in response, “Exactly, Honour, of course this is a very because it is all our responsibility normal conversation. Let me tell to save this country from the you this. Before the ruling party diffi culties it has fallen into. Do today was formed, its leaders came you understand? Look, on Friday I to me and said, “Please let us hold had a senate meeting. Let me fax it our meetings at Patalya Hotel and to you. Read it tomorrow.” Mustafa if you could put in a good word for replies, “Sir, thank you very much. us with such and such people and I got your message. I am like your speak to them on our behalf.” Do brother and you always tell me the you also fi nd this anomalous? truth. You said, “You can use the For me, to do whatever is television any time in any way you required for my country, my

84 important country, within my limits of us.” This is the essence of my is my own prerogative. It is my conversation with Mustafa Sarıgül, duty. Your Honour.

The ruling party today, So, if there is an abnormal including the President and Prime situation here, then the people Minister, before they set up their ruling the country today should party, came to me, be it, at the excuse and forgive me, but should University, at Ankara Hospital, I be saying that my meetings with or at my hotel in Gölbaşı, Patalya them were also wrong? Is this Hotel, and shared their views with possible?

Your Honour, in my opinion, the real wrongdoing would be if I would not be able to discuss the country’s problems with the individuals running the country or its aspiring leaders. me. Finally, they conducted all The leader of the Republican their preliminary party activities People’s Party, Mr Deniz Baykal at Patalya Hotel in Gölbaşı, where has been my friend for 25 years, they set up the party and today they since the 70s. So, does that make it are running this country. Is this also wrong for me to speak with him? a crime? So, if Mr Deniz were to come to speak with me, would this be Now, Mustafa Sarıgül is a wrong? man I know very well, from the parliament. He becomes a Recai, the former leader of politician. He phones me to say, The Felicity Party, would come “Do you think I can do work in and discuss some of the country’s this area?” And I say to him, “Do problems with me. Was that wrong? not do anything that would hurt Your Honour, in my opinion, this country. Everyone can do the real wrongdoing would be politics, but you must not create if I would not be able to discuss an environment, which would the country’s problems with the be detrimental to this country. individuals running the country or Because this country belongs to all

85 its aspiring leaders. who have designs on our country would want. It is my duty to be able to share in my country’s problems with the I have always said, “Turkey is country’s aspiring leaders. This is an oasis, so there will always be exactly what I did with Mustafa foreign eyes on this oasis.” Sarıgül. Let me say with sadness, that Prosecutor of the Republic, at this moment, it is as if there are Mehmet Ali Pekgüzel: I think horses of troy placed around the I was not able to explain my country. This is the reason why question. During this conversation, our country is progressively being you are telling a popular and divided. I make it my responsibility ambitious politician not to speak to do whatever it takes to prevent about another political party, which my country from dividing in this also happens to be his opposition. way. A political party exists in order to rule and it can speak about anyone Yes, it is correct that I said to it wants to, but you are telling him Mustafa Sarıgül, “Why are you not to. Could you please explain speaking against the Republican why you would offer such advice? People’s Party? Did you not emerge from this party? If you have an Professor Haberal: Let me issue with them, you should go and say this. I understood what you share it with the party leader.” are trying to say. Yes, I have understood what you said. Yes, I Your Honour, is this a crime said to Mustafa Sarıgül, “This is then? As I said before, I have said a country-wide problem.” I said, the same things in the past to the “Why are you speaking against the people running the country today. People’s Republican Party?” That is I told them because they had what I said. come to me and I had to tell them, unfortunately. Because I am the Let me say this again. How can Mehmet Haberal, who is living we say, “The country will attain through this personally. stability” on the one hand and then say, “Let it split up as much as it The country’s rulers came to can”, on the other hand. Anyway, me in the past and said, “Can you Your Honour, this is what those please help us? We will come to power and work very hard. We will

86 unite our country’s people.” So, I means that Başkent University has said to them, “So, that is what you reached such a level. are going to do? In that case, I will give you all the help that I can.” So, when my conversation with The country’s rulers are still here. If Mustafa Sarıgül is interpreted in anyone wants to ask them, they can this way, it is a very sad to picture. go and ask them. Please forgive me, Your Honour, for speaking this way today for And then they said, “Can you having these brought up today. Not help us?” Yes, when the ruling only that, this conversation was party ﬁ rst formed its government, taken from my telephone, which its people had asked for my help. was tapped without a court order. However, whether there was a court Also, did you know that the order permitting the tapping of my President’s General Secretary, phones or not, I will nevertheless Professor Mustafa İsen was a answer all your questions on this member of Başkent University’s subject, to the point where I want teaching staff? The Minister of to know what these words, “Strong Culture had requested it from me Suspect” are all about, so that I can and so he became Under-Secretary. also explain this to the people of First he became Under-Secretary this country. This is all there is to to the Ministry of Culture and then this phone conversation. he became General Secretary to the President. Prosecutor of the Republic, Mehmet Ali Pekgüzel: Let me also Furthermore, just today, the say that the defence counsels have current Minister of Tourism also made a statement to the effect requested to hire one of my that there had been no court order teaching staff, saying, “Please for your phone to be tapped. It was sir, I really need this guy. Can your phone number 532 234 81 30 you allow him to work for me?” I which was tapped. So, it was calls said, “Ok, I will” and I did. I have made to or from this number, which always said that, if in any one of were listened to. Next. my institutions, there is a member of staff who would be useful to Professor Haberal: I’m sorry, those running this country, I would which number? be honoured to release him. This

87 Prosecutor of the Republic, anyone else involved in politics Mehmet Ali Pekgüzel: Your today, I would still share my point secretary received the call and of view with him. Because our connected it to you. It is not country needs to be united, not your secretary’s phone, which divided, Your Honour. was tapped. The phone, which was tapped, was your number Prosecutor of the Republic, 5322348130. In other words, the Mehmet Ali Pekgüzel: What person calls your secretary and your is the extent of your contact secretary connects him to you. with the individual you had this conversation with? How does he Professor Haberal: Let me tell know you? What is the source of you this. your inﬂ uence over him? Please explain. Prosecutor of the Republic, Mehmet Ali Pekgüzel: She Professor Haberal: Do you connects him to your mobile phone. mean Mustafa Sarıgül?

Professor Haberal: No sir, Prosecutor of the Republic, this telephone is mine. Look, the Mehmet Ali Pekgüzel: Yes. distance between us is so great that… Professor Haberal: Do you mean Mustafa? Mustafa Sarıgül? Prosecutor of the Republic, Mehmet Ali Pekgüzel: There is Prosecutor of the Republic, nothing of the sort. Mehmet Ali Pekgüzel: Yes.

Professor Haberal: He does Professor Haberal: I have not even know my mobile number. already told you that I know him Therefore, I am being listened on a from parliament and he is also a phone where there is no court order very close friend of Mr Hüsamettin allowing for this to happen. Özkan. Occasionally, we speak on the phone. That is all. Other I wonder to what degree this than that, I do not have any other is of value, legally speaking. relationship with him. Furthermore, if it were legal, I have said what I have said and I Let me say something else. still continue to say it. If it were Every person has his style of speaking to a party leader or speaking and in a way, this is

88 Mustafa Sarıgül’s style of speech. person to draw up his road map? Which is why I am not sure Can you please explain? how correct it would be reach a conclusion based on this. This also Professor Haberal: I did applies to the examples I gave on not understand anything from some of the other individuals. those words. I did not understand anything from this. Can I tell you So, I am telling you explicitly this. If someone, anyone, says and clearly that I would not, and to you, “You will be my Prime could not, have an organisational Minister”, does it mean that this connection to Mustafa Sarıgül. I person will make you Prime am a person who is busy 24 hours Minister? Is this the meaning you a day. Furthermore, the motto I are using it in? Your Honour, can established at Başkent University this be possible? Can you really is, “Başkent University’s working think something like this, especially hours are seven days a week and 24 from the speech of a politician? hours a day.” It is only people who accept these working conditions, However, it could mean this, who work there. As a result, I am that he can take ideas from me. busy enough as it is and I don’t That is my duty. I am a scientist need additional responsibilities or of this country. To contribute to prestige. The prestige my country the future of my country is my has granted me is sufﬁ cient, Your primary duty. If someone requires Honour. my knowledge for my country, I have to share this with them. Prosecutor of the Republic, As our Prophet said, “You must Mehmet Ali Pekgüzel: Your continue learning from your crib interlocutor says to you, “You to your grave.” If the knowledge will be my Prime Minister, I will is in China, go and get it. Is that delegate my road map to you if you not what he said? Well, what does would permit me.” What do you this mean? What I say is that on understand from these words? subjects that I know, I am a teacher and on subjects I don’t know, I am Professor Haberal: Yes. a student. This is my philosophy. Prosecutor of the Republic, It is possible that I may not know Mehmet Ali Pekgüzel: Do you something very simple. However, have so much inﬂ uence on this Your Honour, I would never say to you, “Can you please come and

89 transplant a liver?” In the same way President. Is this true?” I replied, that I cannot come here and take a “Yes, it is true.” He then asked, court decision. I don’t know the law “Why did you not accept?” to and I would not ask for permission which I replied, “I am a scientist.” from you to do this. He turned to the Minister and said, “This Mehmet Haberal did not So, Mustafa Sarıgül, may have even accept his nomination for said what he said. A person may presidency.” tell another person a similar thing. There is nothing to it. I would have been honoured to be President and I told this to Not only that, but I am a our Prime Minister, the late Bülent person who has been nominated Ecevit. Therefore, in response to as presidential candidate of this this proposal coming from the country by our Prime Minister. highest echelons of my country, I I did not accept this honourable replied, “Thank you very much. duty. I said that my country is a I am honoured, but this is my democratic parliamentary country, principle. This is not in accordance th which means that the 10 President with my principles.” has to be elected by the Parliament. So, aside from this, Mustafa So, apart from this, what have I Sarıgül said to me, “Look, you done? I have supposedly been told will be our Prime Minister.” And that I will be made Prime Minister this is directed at me as a question, by someone, that I have set up a here. This man has said this; what terrorist organisation, that I am could it mean? What is beneath the contributing to the collapse of my surface of this? The truth is that this country… These are unacceptable is all very saddening. things. But, I will say this again. If any Excuse me but I have to citizen of this country requests for describe something relating to me my knowledge in an area of my personally. I was invited by the expertise, it is my duty to tell them, Minister of Health to give a speech as another citizen of this country, as in Egypt. I was invited. I went and a university professor. It is also my delivered my speech. An old friend duty as the founder of a university of mine who was with a minister, and employer of thousands of asked me, “It seems that you people in that university. have been nominated to become

90 Prosecutor of the Republic, else I could do. So, I agreed to Mehmet Ali Pekgüzel: Since the my nomination. I introduced the beginning, you are repeatedly “Green Card Project”. I invented stating that you are a scientist. that card and I am proud of having Could you please explain where introduced that system because, your experience in politics today, millions of Turkish citizens emanates from? have access to health care thanks to that card. Therefore, I have never Professor Haberal: Politics? I made any such claims. don’t understand. In any case, this person who Prosecutor of the Republic, said these words, did not intend to Mehmet Ali Pekgüzel: Where does gain access to Mehmet Haberal’s your experience in politics come political identity, but wanted to from? take advantage of the areas of Professor Haberal: I never knowledge he may have had. said anything of the sort and I have However, what his intention was, not made any such claims. In that is not something I can know or tell statement, there is no allusion of you. giving advice based on political Did I answer that question by experiences. saying, “Of course, I will be your Prosecutor of the Republic, Prime Minister” or “I will work Mehmet Ali Pekgüzel: He will within your party”? Did I say bring a road map to you. something of that sort?

Professor Haberal: “I have told Prosecutor of the Republic, you here that my involvement with Mehmet Ali Pekgüzel: From your politics dates back to 1991 when telephone conversations prior to our 9th President, Mr Süleyman the local elections, it is understood Demirel, told me when we were that you have instructions on which sitting together on Güniz Street, speakers will appear on Channel B “Look, this country has problems. and how long they will speak for. I need people and one of these It is also understood that you had people is Haberal. If you don’t join direct inﬂ uence on the political me, tomorrow you will not have the coverage of the channel. right to voice your opinion”. When Do you determine the broadcast he said this, there was nothing

91 politics of Channel B, a subsidiary In the same way that I am being of Başkent University? Are held responsible, today for issues important topics covered as per on which I have no knowledge, of your instructions and your point of course I am responsible for the TV view? Can you please explain? channel that I manage. As a result, I am generally aware of its activities. Professor Haberal: Yes, it is correct that I founded the television However, the programmes channel, Channel B, for the purpose themselves are decided by the of contributing to the education people making them, in the same and resolution of the problems our way, that it is the same people who country has. decide who will be invited to speak.

When I set up the channel, in principle, my instruction was that nothing, which is not based on the correct information and sources, can be aired, nor commented on.

Honestly, it is a good thing that This is not my subject area and I do the channel was set up, because not get involved in areas which are when you watch it you see that outside my fi eld of expertise. all news coverage should be conducted in this honest way. When Look, Your Honour, I was not I set up the channel, in principle, involved in the treatment of Mr my instruction was that nothing, Bülent Ecevit because it was not which is not based on the correct my area of specialty. How could information and sources, can be I be involved in a fi eld which is aired, nor commented on. not my speciality? How is this possible? Television is the same. I Today, this channel can readily am one of fi ve people on the board do its job. This channel has a of directors of the channel. The team of executive managers. As board meetings are attended by the the Chairman, obviously, I am General Manager and issues are responsible for the activities of the discussed in an overall manner. channel. The rest is done by the people making the programmes. For this

92 reason, I do not have a say in we should be airing the people speciﬁ c areas. It would go against from the Felicity Party.’ He asked, my own principles. My rule is that ‘Why?’ I said, ‘For the one vote when I hire someone to manage the People’s Republican can get, a business, I tell them that they the Felicity Party has the potential will be managing the business and to get three. I called Ertan and I that it is under their responsibility. brought the guys here, including Therefore, it is the general manager, the party leader. I believe this has whom I have appointed who is increased their point by one.’” accountable. When we asked you about this Prosecutor of the Republic, in the courtroom, you said that this Mehmet Ali Pekgüzel: A little had nothing to do with you and earlier, the judge read out the that this was the initiative of the statement you made at the police editor-in-chief. Furthermore, you headquarters. In the document, stated that the editor-in-chief later there was a section on an incident, apologised to the you and to the which took place on Channel B, public and then resigned from his on 29 March 2009, prior to the position. local elections, during the advert break of a programme hosting, Professor Haberal: Yes. Kemal Kılıçdaroğlu, candidate Prosecutor of the Republic, for Istanbul’s mayor-ship. As the Mehmet Ali Pekgüzel: If you did camera had accidentally been not give these instructions to this left on during the advert break, individual, did you do anything Nahit Duru, the Editor-in-Chief about the situation? Could you of the television channel was please explain whether there was a heard saying, “Haberal, open particular reason you did not accept brackets the owner of the channel his resignation? close brackets, gave me these instructions, ‘Whatever you do Professor Haberal: Yes, they, open brackets AKP close of course I can explain. Yes, brackets, will take their votes. Do unfortunately our editor-in-chief whatever you can do, dot dot dot, made this mistake, but he corrected to increase the votes from Ankara, it immediately. He came to me Izmir, Adana.’ I told him, ‘Sir, and apologised, saying, “Sir, I we will air our guys, but really apologise. Unfortunately, I used

93 your name here in grave error. I am Bedrettin Dalan said, “Sir, I very sorry. With this apology I am have had an intelligence tip saying also handing in my resignation.” that even this telephone of mine is being tapped. They can listen all We discussed this with the they want. I guarantee that they board of directors. As a rule, I will tap yours too.” You replied, do not accept damaging people’s “Yes, of course, I know.” Then prestige. Remember what they said Bedrettin Dalan, continued to in the world’s shortest constitution? say, “I have an even more tragic The wise man had said, “Do not do intelligence tip, according to to others what you would not want which, people who are Kemalists, done to you.” secular, republican, patriotic will Therefore, we discussed this in all be rounded up and detained in great detail and ﬁ nally came to the 11 or 12 waves. Then, there will a conclusion that since the editor- general amnesty issued, to say, yes, in-chief came and apologised to we have forgiven Bedrettin Dalan, us and to the public, we should and we have forgiven so and so not be punishing him so severely. and so and so. So, as we issue an This is why we did not accept his amnesty for these patriots, Abdullah resignation. Öcalan will also be forgiven in the process.” Then you replied, “Hmm, This is the extent of this possibly.” Bedrettin Dalan then incident. It was a humane reaction said, “Apparently that is why they and there is nothing further than are organising these operations that, which can be said about it. against the terrorists. I have just heard this. I heard it while I was in Prosecutor of the Republic, the States.” You responded, saying, Mehmet Ali Pekgüzel: In your “Now, of course they are making ﬁ le, there are conversations you fake excavations and supposedly have had with Bedrettin Dalan. discovering weapons and things. It is understood from the content I don’t know what kind of game of his conversation that he was they are playing. It is a disgrace; a a defector at the time. I will now disgusting picture.” read one of the excerpts, relating to a conversation you had with In response to this, in your Bedrettin Dalan on 10 January 2009 statement given at the police at 18:21. headquarters, you stated, “He had

94 had an operation. Our conversation University of Miami. I sent him an was regarding his health.” email and the necessary procedure was carried out. In the conversation, your response to Bedrettin Dalan, is, After this, in our conversation, “Now, of course they are making Bedrettin Dalan, told me precisely fake excavations and supposedly this, “Mr Mehmet, you really have discovering weapons and things. so many contacts here. I was taken I don’t know what kind of game care of like a king.” Obviously, they are playing. It is a disgrace; during the same conversation we a disgusting picture.” You speak also discussed what was happening of the discovery of weapons in our country. and ammunition within this investigation as being fake. What Why did I say this? There do you know about this? Can you was an excavation in Gölbaşı, on please tell the court what you my road. I go to Patalya Hotel in tangibly know about this? Gölbaşı every evening. Villas were constructed there. The villas were Professor Haberal: Now, constructed by the Municipality of Bedrettin Dalan, while in America, Ankara. During the construction called me on my phone which did period, as people were passing not have a court order to be tapped. through the area, an excavation was So, this is also a conversation made and if I remember correctly, which took place without the it was said that some explosives court’s permission. had been discovered. So, Your Honour, this excavation is carried Anyway, he had called me out on a road that is frequented by regarding his health and we many people, right where the villa resolved this problem through the construction is. And how are they intermediary of one of my friends excavating? With a shovel and then there. When Mr Bedrettin called they say, look, we found weapons. me, he said, “It is very difﬁ cult in America when you don’t have So, as the citizen of this country, an acquaintance who is a doctor. what am I supposed to say about Would you be able to help me this Your Honour? What should I with this?” So, I called my friend, say? Here is a road that I take in Andreas Tzakis, who is the head of the morning and in the evening the Transplantation Institute at the every day. The Gölbaşı Road.

95 Someone should come out and Haberal, is joined once again by explain this. They should say, “We video conferencing. His cross- buried these weapons here. When examination continues. the construction was underway, we came back and retrieved them.” Presiding Judge: Yes, please continue. Is it wrong of me to say this I wonder? Is it wrong to disclose the Prosecutor of the Republic, reality of this country? If we are not Mehmet Ali Pekgüzel: Before telling the truth about this country, the break, I had read out to you then one might say that we are the phone conversation you making a mistake. had had with Bedrettin Dalan. I had questioned you on the If this country reaches a point comment you had made during the of not allowing people to use conversation, where you had said, their constitutional rights, then we “Now, of course they are making should be questioning this. Yes, fake excavations and supposedly unfortunately, this conversation was discovering weapons and things. an example of this. I will not accept I don’t know what kind of game the allegation. This is what I told they are playing. It is a disgrace; Bedrettin Dalan. What he said is his a disgusting picture.” In response, interpretation. Yes, he mentioned it you told me about the construction to me. He mainly spoke to me about which was taking place there. I his health. He mentioned he had had asked you to explain whether heard these things, which I did not you had any tangible information know about. I had not heard about it. regarding your comment. Do you? I did not hear about it from anyone, I mean, had you seen that the nor from the country. Even if there construction workers were building was such a plan, I would not even very close to the site? know about it. I am being honest in that I did not know about it. Professor Haberal: Yes, that is on my way. Every evening I go There is a short break during the to Patalya Hotel and there was hearing. construction there. And then, they come with shovels to excavate The trial continues from where and we are told that they uncover it left off. weapons. The defendant, Mehmet

96 I have said this before and I there was an excavation in Gölbaşı will say it again here. I use that and such and such weapons were road everyday. I wonder whether uncovered. I don’t need to see it someone came in the night and personally. All the citizens of the buried weapons there, using a country are reading about it. shovel? And then the following day or on another day, people Did I state that I saw it? No, uncovered those weapons there? this is what was said. But I just talked about my experience. A Forgive me, but we are citizens man, who was mayor of Istanbul, of the Republic of Turkey and who founded a university like we witness what goes on in our Yeditepe University and was the country. And I have to point out chairman of its board of trustees, the wrongdoings. If we don’t, we shared with me what he had heard. do not just harm others, but we And I mentioned, here, my own harm ourselves as well. We need to experience, that is all. There is no know these things, Your Honour. other way to interpret this. So, I have witnessed this, which has disturbed me and now I have Prosecutor of the Republic, expressed this disturbance. That is Mehmet Ali Pekgüzel: While you all. had these telephone conversations, were you aware that Bedrettin Prosecutor of the Republic, Dalan had escaped abroad and that Mehmet Ali Pekgüzel: Did you see he was being searched for? the weapons and ammunition which were uncovered? Professor Haberal: No, I was not aware of it. I found out Professor Haberal: No, I did later. Anyway, I do not speak that not see them. I found out from the frequently with Mr Bedrettin. I am press. Your Honour, did I say that I a busy man. I am busy with my saw them? Did I say anything about own work. I noticed one day that the fact that I saw these weapons? Mr Bedrettin had called my on my phone in the hospital - the one that Anyway, I do not have to say does not have court permission to it. Everyday, in the press, these be tapped. He told me he was in the things are being covered. There was United States because of serious an excavation here and such and heart problems. As a doctor, who such weapons were found. Then, has taken the Hippocratic Oath, I

97 carried out my responsibility. As a So, I know him from when he result of this, I am happy to say that was Mayor of Istanbul and then he has regained his health. I have through his other political activities. carried out my duty as a doctor. Later, when he founded Yeditepe University, he would call me from Anything other than that is time to time, every six months or outside my knowledge. Anyway, once a year, to see how I was doing Your Honour, I have already things in my university, so that told you that I found out about he could also replicate it. In fact, Ergenekon from the press. I have once he had set up the university, said this repeatedly, in my written he had sent me the director, to statement, in my verbal statement, see if I could be of help to him. be it at the prosecutor’s ofﬁ ce or I had shared with him my know- be it in front of the judge. I have how and then he set up Yeditepe said this many times. I really don’t University. That is the extent of my know what more I can say. relationship with him.

Prosecutor of the Republic, Prosecutor of the Republic, Mehmet Ali Pekgüzel: Where does Mehmet Ali Pekgüzel: The your communication with Bedrettin fi le also contains conversations Dalan stem from? Could you between Bedrettin Dalan and please explain the extent of your another defendant, Levent Ersöz, relationship? who was at the time, head of the intelligence unit of the Gendarmerie Professor Haberal: During the Command Headquarters. Could period that Bedrettin Dalan was you please explain whether you are the mayor of Istanbul, I had set aware of these conversations and up a dialysis centre in Istanbul. In what they entail? Bostancı. I think in Bostancı. Then the concerned person sold it later, Professor Haberal: No, so I was looking for another place defi nitely not. I am defi nitely not for the dialysis centre. That is how I aware of them and I am hearing know him. about them for the fi rst time from you. In any case, in the 1991 elections, if I am not mistaken Prosecutor of the Republic, Mr Bedrettin was a candidate. Mehmet Ali Pekgüzel: Do you Furthermore, I think he was also a know Levent Ersöz and Hasan minister in the past. Atilla Uğur?

98 Professor Haberal: No, I have Tuncay Özkan and Mesut Özcan read about them in the newspapers on 2 May 2008. In summary this and the press, but other than that, I is how the conversation goes: don’t know them personally. Ahmet Tuncay says, “The meeting was very positive.” Mesut replies, Prosecutor of the Republic, “Hmm.” Ahmet Tuncay Özkan then Mehmet Ali Pekgüzel: Could you says, “He said immediately. He said please explain your connection to that for this nation, it is not just the defendant Tuncay Özkan? about driving a nail. A homeland Professor Haberal: Yes, I know is a loan.” Mesut says, “Come Mr Tuncay from the media and on.” Ahmet Tuncay Özkan replies, then when he set up the Channel, “He said he would do it tomorrow Kanaltürk. I have also met him and that Monday he would let us at a reception organised at the know.” Mesut responds, “Great.” presidential palace. From what I Ahmet Tuncay Özkan says, “He saw, he was sitting in the front, and saw me all the way to the door.” chit-chatting generically, like, “how Mesut says, “I don’t believe it. are you? I am ﬁ ne”. Later, he came Was it Haberal or the other one?” to visit me with Yaşar Okuyan Ahmet Tuncay Özkan replies, “Yes, regarding an issue they had with yes, Haberal.” Mesut says, “Good. Kanaltürk. We had a brief meeting Let’s see.” Ahmet Tuncay Özkan to see how we could resolve the says “Yes.” Then the conversation problem. And after that, I never saw continues with Mesut saying, “Let’s Mr Tuncay again. hope to God. Where are you?”

Prosecutor of the Republic, There is a discrepancy Mehmet Ali Pekgüzel: In the ﬁ le, between your statements and this twice. conversation. When you were asked at the police headquarters Professor Haberal: But Mr you said, ‘Tuncay Özkan came Tuncay, whom I know, is a very to me regarding the case to valuable man. There is absolutely close Kanaltürk. I explained this no doubt here. upstairs. When it comes to matters concerning my country, if I had to Prosecutor of the Republic, hammer nails to help it, I would be Mehmet Ali Pekgüzel: The ﬁ le honoured. I have always said these contains a telephone conversation words. And, I always accompany between the defendants Ahmet

99 all my guests to the door. I don’t myself regarding a problem. He know the individual, Mesut said that we must also face such Özcan.” problems ourselves from time to time. He asked how they could However, during the hearing, resolve this legal problem the Ahmet Tuncay Özkan said that he channel was facing. This was the went to see you to ask you whether subject of the conversation. you would buy Kanaltürk TV station. He said, “They took him The other subject is also correct. out of surgery at Başkent Hospital Whoever it is that comes to visit and he came upstairs. He said, ‘I me, I will always see them to don’t have much time.’ I said, ‘Sir, the door. This is my rule. This is this is the situation; we are selling my character and it is of course Kanaltürk TV station. Would you not comparable to other people. buy it?’ He replied, ‘We are having Everyone has their own traits and if difﬁ culty with managing our own, he has given such a statement, Mr so we would not be able to buy Özkan is sitting there, he should it.’ This was it. The conversation either contradict me or endorse lasted a minute or a minute and a me. This is all I have to say on this half. I thanked him and he went matter. back downstairs. This is all there was to it.” If you remember this Prosecutor of the Republic, conversation and the subject of the Mehmet Ali Pekgüzel: The conversation, could you please tell indictment also contains a us in detail? conversation you had with Ahmet Hurşit Tolon, who is also Professor Haberal: First of all, I charged with running a terrorist have to admit that I don’t remember organisation. I will read it out to the telephone conversation. I you. It took place on 11 June 2008 don’t know what sort of telephone at 13:49. Ahmet Hurşit Tolon conversation it was. has said, “I wish you my deepest respects. This job will happen with With regard to the other subject, you and the other business, the Mr Tuncay is sitting there with Hereke business, can only happen you. First of all, we did not discuss wherever you are located. It cannot a single word about the sale of happen any other way.” You said, Kanaltürk. Mr Tuncay just said “My general. Thank you. I should that he came to visit Mr Yaşar and discuss this privately.” Ahmet

100 Hurşit Tolon was heard as saying, When he passed away, because “Look, I am telling you. This can of my close friendship with him, only be done with you. It doesn’t when his wife Ferzan Telatar asked work with the others. I have already what could be done with it, I said, said it yesterday. There is too much “Don’t worry. We can rent this clamour and then I get sad. I said, place to Başkent University. We ‘this does not work like this, as will put it to good use. We can use though, we should all row or that it as a social facility.” It is indeed, we should declare it. How are you now being used a social facility for declaring it? I mean you rowing is Başkent University. not the point, the point is to place the right person at the steering Later, from time to time, my wheel.’” friends from the Dialogue Group and later, the National Sovereignty What is the Hereke Business Movement, requested to use it as a referred to in the conversation? meeting place. I said, “Yes, you can Why do you not want to discuss use it for meetings. After all, it is a it over the phone and why do you social facility.” I am highlighting say you want to speak about it this again and I am sure that it is privately? What is it that needs already understood from what I to be declared and what is meant have said today, I have never held by the steering wheel reference? secret meetings behind closed Can you please give us a detailed doors. explanation regarding this conversation? The reason I said that I did not want to discuss this topic over Professor Haberal: So, what is the phone is that time was short this Hereke? It is already explained and that I would have liked him in my written statement. Hereke, to come to discuss it in person. I Hereke street is a street in Ankara believe that Mr Tolon may be here that splits off from Nene Hatun today. If there was another purpose, Road. There is a villa, number 4, I am sure that he could explain. on that street. The owner of that However, it was not to speak or do villa was the late Professor Hasan anything secretly. It is very sad that Telatar. Mr Hasan, was at the same this subject is being brought up in time teaching staff at Başkent this way. University. Mr Tolon attends the Dialogue

101 Group and National Sovereignty social activities. By this, I mean, Movement meetings. As I have they hold meetings in small groups. said before, I am not always able However, I have to admit that we to attend these meetings because could not take a concrete decision of my surgeries. In one of the on how to use the place. meetings I did not attend, I did not get an update later, so I don’t know This is because its layout is what was discussed. such that if we try to use it for one thing, it doesn’t work. Then we try Therefore, Mr Tolon made such to use it in another way with other a phone call to me. We spoke. I told people, but it doesn’t work. So, we him this. After that, Mr Tolon came keep thinking of how we can put it to me with a platform group. And to good use. Then, when there are after that I did not converse with such activities, our friends ask him Mr Tolon. That is all there is to it. to ask me to use it.

From this, I see that people cannot come together to talk about a subject and that if they do, it is interpreted as trying to set up a terrorist organisation or planning a coup! These are not things beﬁ tting my country, the Turkish Republic.

Prosecutor of the Republic, In any case, the subjects Mehmet Ali Pekgüzel: What is discussed are not closed to the press the activity taking place at Hereke or anyone else. Friends organise Street? Could you please expand on meetings with members of the this activity? media present. Otherwise, they use it to make press conferences. This Professor Haberal: What I is not a secret meeting place. From meant by activity is that since this this, I see that people cannot come place belonged to the late Hasan together to talk about a subject Telatar, I wanted to protect it. and that if they do, it is interpreted Today, I am maintaining the place as trying to set up a terrorist in the same way. There is a security organisation or planning a coup! guard and a staff member. From These are not things beﬁ tting my time to time, our friends use it for country, the Turkish Republic.

102 Turkey is a constitutional state, Constitutional Court of Turkey governed by the rule of law. If we to continue in his position.” You cannot protect our constitutional said, “Very good. Very good. And and legal rights, in which direction there is that thing you need to do will our country go? This concerns on Tuesday.” Nahit responded, all of us, Your Honour. “Today Sir, at the beginning, I said that today we would discuss these So, these things take place as from a legal perspective with the a natural part of our everyday life. lawyers and then discuss them They are perfectly normal. Two as red line issues from a political people come to together to discuss perspective with the politicians.” whether their opinions would be And you replied, “Yes, we will taken into consideration, whether deﬁ nitely do what is necessary with this would work or that would regard to the Constitutional Court’s work. President. He does not belong I cannot accept these allegations there.” Nahit stated, “There were a and I want to highlight once again lot of messages. A lot of messages.” that they do not beﬁ t my country. Could you please explain your statement of, “It was important for Prosecutor of the Republic, us to safeguard it.”? Mehmet Ali Pekgüzel: I want to talk about the conversation you Professor Haberal: Of course had with Osman Nahit Duru on the constitutional court is the 16 November 2008 at 15:32. In Turkish Republic’s Constitutional summary, you had said to him, Court. We all have to safeguard “How was the meeting. I could this constitutional court. The not attend as I was in another constitutional court does not belong meeting.” Nahit replied, “Sir, Mr to individuals. The presidency, Mümtaz said very good things. the prime ministry, the ministries So did the Director of the Istanbul are the ministries of the Turkish Bar Association. So, it was a good Republic. They represent the meeting.” You replied, “It was Turkish Republic. important for us to safeguard it.” I may be here because I Nahit replied, “Yes, Mr am charged with terrorism, but Mümtaz also explained that it was within the environment created not right for the President of the by the Turkish Republic, I can state this using my constitutional

103 right. Therefore, I state that the What is the reason? What has Constitutional Court belongs to all been proven against me? Is there of us. such evidence?

Now, coming to the President Tell me, so that I can explain it. of the Constitutional Court. Haşim Kılıç is a close friend of mine, not So, yes, I criticize Haşim Kılıç, just a simple acquaintance. From but I do it in person and openly. time to time, he comes to see me As long as he is President of the and I go to see him and we discuss Constitutional Court, he represents the country’s problems together. We the Presidency of the Constitutional are that close. Court of the Turkish Republic. When I speak to the Editor-in-Chief I am a person, who has of my TV station, I share areas I am criticized him to his face with not happy about with him. That is regard to some of his decisions, all. There is nothing more than that knowing that his contribution to the to the conversation.

Unfortunately, I ask myself why I am here. What is the reason? What has been proven against me? Is there such evidence? Tell me, so that I can explain it. future of our country is impartial. I Prosecutor of the Republic, am not someone who speaks behind Mehmet Ali Pekgüzel: During this Haşim Kılıç’s back. Haşim is my conversation, what did you mean friend. In fact, the President of the with the words, “We will deﬁ nitely Constitutional Court came out and do what is necessary with regard to said, “It is wrong to detain innocent the President of the Constitutional people until their crime has been Court.” And how will you do what proven.” He must have said this is necessary. Please explain. knowing something. I know that Professor Haberal: I admit that there are certain innocent people when I think of ourtask, it is to do who are being unnecessarily… what is right for our country. I say Unfortunately, I ask myself why I the same thing today. As citizens am here.

104 of the Turkish Republic, we all, not Professor Haberal: This CD just I, have to do what is right. We does not belong to me. I don’t have to do what is right because it know what it is or who it is that is the only way forward. Those who is speaking. I have already told accept the truth win and those who you this in my statement. It is an don’t accept it lose. So, I do what institution with around 250 people is right. working in it.

As I told you, Haşim Kılıç is my There were only three CDs friend. What would I do to Haşim retrieved from my offi ce and they Kılıç? What could I do to him? I were advertising CDs. Nothing would just go to him and rebuke other than that was found. This him. I would ask him why he did is a television channel. There is what he did. I have done it before. news being delivered to the people And Mr Haşim knows this very working there from all sorts of well. So, to interpret this differently places. How could I know who this is unacceptable to me. Furthermore, person is? I have already stated this in my written defence. There is another thing. The people, the police offi cials, who Prosecutor of the Republic, confi scated those CDs were obliged Mehmet Ali Pekgüzel: In the to give us a copy, however, they search at Channel B, a CD labelled did not. This is applicable to all the 84 was discovered. CDs. They violated Clause 134 of the Criminal Procedure Law. There is a voice recording on the CD, between the minutes 01:03 Now, how could I know what is and 01:21, with the following in this CD; a CD that I do not have statement, “Let’s see. If he dares, in my possession. Furthermore, let him put someone in a car to despite repeated requests by Çankaya, make him take an oath my lawyers, we never got these and send him back. There would CDs. We want this evidence so be an accident on the road; the electricity would be cut; anything that we can prepare our defence. could happen. You could not do it.” Without this evidence, what are Who is speaking on this recording? we defending? Forgive me, I do What is the subject they are talking not mean offence, but the judge about. Do you know? Please or the prosecutor of a court says explain. that Mehmet Haberal should be

105 released, but two members of the everyone have a say. Everyone who court say no, he is a strong suspect. wanted to speak spoke. I fi nd this diffi cult to understand. 9 October 2007. Today at On 5 August you accepted an 14:00 we organised a panel indictment. Is there also another for the referendum. During the one? It is interesting that in opening speech, we spoke of the court, one group of people have 1987 referendum. I explained information and the other group the areas with question marks. I don’t. Is there anything acceptable talked of the importance of Edirne about this? And the strong and Rize, where I worked and suspicion has no justifi cation. So, opened a dialysis centre, and of if there is no justifi cation, why their importance in winning the were the 34th, 101st, 230th and 289th referendum with a difference of clauses of the Criminal Procedure 50,000 votes. I explained that in Law written? Why does it say in this way, in 1991 Mr Süleyman these clauses that decisions have Demirel became Prime Minister to be made based on justifi cation? and Mr Erbakan and Mr Ecevit Is there anything intelligible about entered parliament. In the same any of this? way, in 1994 our Prime Minister today became Mayor of Istanbul Therefore, I don’t know and in 1995 Mr Erbakan became anything about these CDs or what Prime Minister and went on to they mean and they certainly don’t further explain that our President belong to me. So, these are things today was a Minister in this cabinet outside my responsibility. and that later Mr Ecevit became Prosecutor of the Republic, Prime Minister. In my closing Mehmet Ali Pekgüzel: Again, speech I spoke about the incident during the search a Başkent with Ergenekon and the current University Ankara Turkey situation.” Meteksan branded notebook, Do these notes belong to you? numbered 1 to 90, was retrieved. Could you please describe their On pages 16 and 17, the following contents. What is the incident with notes were written: Ergenekon? Can you please provide “9 October 2007. The meeting an explanation? lasted two hours. I let almost Professor Haberal: Of course

106 I will provide an explanation. Sultan Mehmet conquered Istanbul The important thing here is that and he gathered the people, these notes, my notes, are being everyone said, “we would not held at the police headquarters have won, had it not been for me.” and despite my lawyers’ efforts to Finally Fatih said, “Correct. You obtain copies, I have not seen any are all right, but don’t forget the copies and my lawyers could not merit this sword also deserves.” get a copy either. So, some of my documents are still being held at So, I had put a lot of effort police headquarters even after the there. The referendum was won declaration of the indictment. and with that the former politicians came back into politics. People First of all, these documents like Mr Demirel, Mr Ecevit, Mr have to be handed over to my Erbakan and the work started. So, lawyers. Secondly, these are Your Honour, excuse the expression my own daily notes. It is my but, I have also contributed salt to constitutional right. Am I deprived the soup. At that moment, I had to of the right to take daily personal say this or I thought of it and wrote notes? Am I not allowed to right it down. about my activities? Prosecutor of the Republic, Thirdly, it is correct. The Mehmet Ali Pekgüzel: Thank you referendum of 1987, was blue, no it Your Honour. This is all from me. was white. Presiding Judge: We can ask a I wore my blue clothes and few more questions to Tuncay. Do went from door to door. I opened a you not have any questions? dialysis centre in Rize. I opened the dialysis centre with Erol Çakır, the Prosecutor of the Republic, Governor of Rize at the time. As a Nihat Taşkın: I have no questions result of these activities, Rize made Your Honour. a difference of 40,000 votes. There Presiding Judge: Really? were 40,000 “yes” votes from Rize. If you remember, the referendum Defendant Ahmet Tuncay was won with a difference of Özkan asks for permission to speak. 50,000 votes. He is granted permission.

Forgive me, but when Fatih Defendant, Ahmet Tuncay

107 Özkan: Your Honour, I believe Tuesday, we had received it. I want there may be a gap in my earlier to thank him from here and wish defence. As Mr Haberal stated, him a speedy recovery. our meeting lasted about three minutes. As far as I remember, I This is the ﬁ rst part. If I had did not look at the minutes. Right left something out or if there now, I am not sure of what I said was something missing, this is at the time. I can only say based the correct description of the on what the prosecutor has read. conversation and I request for I had meetings with many people any corrections to be made, if with regard to buying my television necessary. channel. However, when I met Your Honour, with regard to with Mr Haberal regarding B TV, Mustafa Sarigul’s party, could the conversation went as he said it I please request the prosecutor did. The meeting only lasted about to tell me the name of Mustafa three minutes. He was kind enough Sarigul’s party? At the time of the to excuse himself from surgery and conversation, had Mustafa Sarigul then he saw us to the door, where already set up the party? I would we left from the left hand door like to ask this question. Could and he continued to the right hand somebody please enlighten me on side and went down the stairs, if I this as I cannot remember now. remember correctly. Presiding Judge: The party was We had heard the news that set up. What is there you want to B TV got the regional broadcasts ask about it? through a court order. I requested from Mr Okuyan. He was also here Defendant, Ahmet Tuncay a little earlier. I am not sure if he Özkan: But he just said between left now. the two conversations, during the conversation between Mr Haberal We wanted to get a copy of the and Mr Sarıgül, that Mr Sarıgül’s order on the regional broadcast. Party (one or two words were not However, things were dragging understood). as the lawyers said that we could not without permission from Presiding Judge: No, it was not him (Haberal). So, we went to set up yet. At the time, it had not him for assistance. And really, as yet been set up. he promised us, by Monday or

108 Defendant, Ahmet Tuncay Defendant, Hasan Ataman Özkan: I am asking this question, Yıldırım: As the party leader of the Your Honour, because at that Turkey Party in 2006, time, he had left the Democratic Left Party to join the People’s I found out about the existence Republican Party. It is really very of a group called the Dialogue wrong for a politician to ask a Group from friends in Ankara, member of parliament who resigned while I was in Ankara. This is why from the People’s Republican Party, I attended the meeting. “Why did they say not to talk about The meeting took place on the party leader?” It means this, 25 May 2006 in Sıhhiye, Ankara. “Look Mustafa, you will lose your That day, as soon as I came into vote. Don’t move in that direction.” the hotel, I asked at the reception I don’t know what better advice desk where this meeting was being there could be in politics. I ﬁ nd held. They told me it was straight this political questioning very ahead and indicated the door to the wrong because politics is a separate meeting room. There was no one institution. I ﬁ nd it dangerous to waiting at the door. I pushed the drag politics so deep into the legal door open and there was a meeting domain. inside with around 100 people. I entered slowly without making any So, if Mustafa Sarıgül joined noise. They had laid out rectangular the Democratic Left Party and tables in a line and I sat down in an was elected into parliament, with empty chair. the consent of the Democratic Left Party, and that the allegations As Mr Haberal stated earlier, against Mr Haberal are correct, why they were serving tea with some is it that with the Democratic Left cookies and there were bottles Party’s leadership today, Mr Sarıgül of water on the table. There was is out? I would like to ask this nothing else being served other to the prosecutors Your Honour. than this. As for the subjects being Thank you. discussed, I cannot remember exactly what they were, but The defendant Hasan Ataman generally speaking it was about Yıldırım asks for permission to topical issues of the moment. The speak. He is granted permission. meeting was open to anyone who wanted to attend. No one asked me

109 anything when I entered the room Haberal left the meeting. That day, and there was no registration of the it was Kamuran İnan, who chaired attendees. the meeting. Therefore, after the meeting I did not even shake hands The meeting lasted around an with Haberal. So, I know him from hour and a half. Then they went TV and I respect him very much. around asking each of us if we I did not even have the chance had anything to add or comment to shake hands with a man that I on. When it was my turn, I respect this much. That is the way stood up and made a fi ve-minute that day ended. introduction on the Modern Turkey Party and told the attendees that Now, my question is this. Here they could join this party. Since we are, detained for the same case. this was a political meeting, I made Lack of a better word, I will call a short speech in this way. The it the Ergenekon case. Supposedly evidence of my speech is in the there exists an organisation called annex folder, number 78, PDF page Ergenekon and some people are 88, section 312 of the indictment. controlling it at the top. Whoever these people are, without my I had made a short note, saying being aware of who they are, that there was a meeting at Ankara have supposedly made me create Kent Hotel and the most important a political party. Then, from was my fi ve-minute introduction to another side, they also, supposedly, the Modern Turkey Party. This note endeavoured to set up their own was used as evidence in the fi les. political party, the National I had already explained this in my Sovereignty Movement, which I statement. am fi nding out about here. I had Earlier, Mr Haberal said that heard about it before, but I could he did not know me. It is normal not remember its name. From what for him not to know me. There I hear today, they tried to set up a are many different people who political party in the name of the attend these meetings. This is National Sovereignty Movement what happened at the end of the and then they continued to try the meeting. Because I had talked same thing again later. Were they about the party, a few people, fi ve aware of my party? Were we aware or six, came to speak to me. While of their party? Do we get a request I was speaking with them, Mr from the higher echelons of this

110 organisation, this organisation that decisions based on my evaluation does not exist, to set up a political of the situation. I come together party? with people who think like I do, to talk. Anyway, I have always said My question to him is, what that I attended these meetings as a kind of organisation is this? Thank scientist and a scholar. you. I have never had a desire Presiding Judge: Did you hear or expressed a wish to go into the question? Did you understand it? politics. For this reason, I have no Professor Haberal: Yes, Your knowledge of this party, which is Honour. Thank you. of course out of my own ignorance. As for the National Sovereignty Presiding Judge: Did you Movement, it was an organisation understand the question? where we did consider if it would be beneﬁ cial for the country to turn Professor Haberal: Yes, I did it into a political party. understand it. Thank you. Presiding Judge: Does anyone Presiding Judge: Please go else have any questions? And ahead. I am listening. are there any questions from the Professor Haberal: The lawyers? As the time is now 17:30, gentleman is right and what he has we will end the defendant’s cross- just said is correct. I go in and out examination for today. of these meetings, in between my The session of 5 April 2010 surgeries and medical visits, so I is adjourned with the unanimous apologise for not knowing him. decision to continue at 09:00 on 06 This is ﬁ rst. April 2010.

Second, it is the ﬁ rst time here Presiding Judge: 20909 that I hear about this party. With all due respect, I don’t even remember Member Judge: 28298 his speech of that day. Member Judge: 37266 Third, nobody could make a request to us to set up a political Clerk to the Court: 128041 party in that way. I am a citizen of the Turkish Republic. I make my

111 Republic of Turkey Istanbul, 13th High Criminal Court According to Clause 250 of the Criminal Procedure Law

Minutes of the Court Hearing

Docket Number: 2009/191

Hearing Number: 51

Date of Hearing: 06 April 2010

Presiding Judge: Köksal Şengün 20909

Second Judge: Hasan Hüseyin Özese 28298

Third Judge: Sedat Sami Haşıloğlu 37266

First Prosecutor of the Republic: Mehmet Ali Pekgüzel 33954

Second Prosecutor of the Republic: Nihat Taşkın 36924

Clerk to the Court: Ali Doğan 128041

112 The court hearing, dated 6 April The public hearing continues. 2010, is launched by the panel of judges comprising the Presiding The courtroom connects, via Judge, Köksal Şengün, and member video conferencing, to Istanbul judges, Hasan Hüseyin Özese and University’s Cardiology Institute Sedat Sami Haşıloğlu. where the defendant Mehmet Haberal is currently seeking The detained defendants apart treatment. It is observed that the from Fatih Hilmioğlu, Levent defendant’s defence counsels, Ersöz, Durmuş Ali Özoğlu, Uğur Serdar Özersin and Belgin Özersin, Şahin and Mustafa Dönmez, are ready. arre brought from prison to the courtroom and take their places in Defendant Mehmet Haberal’s the room without handcuffs. cross-examination resumes.

Defendant Ahmet Hurşit Tolon Presiding Judge: Mr Özese, is observed entering the courtroom. please start. Additionally, the following lawyers Member Judge, Hasan Hüseyin are observed entering and taking Özese: Mr Mehmet, I have their places in the courtroom: questions for you. Is my voice Defendants, Hasan Atilla Uğur, clear? Birol Başaran, Adil Serdar Saçan, Hüseyin Vural Vural and Ilyas Mehmet Haberal: Yes, Your Çınar’s defence counsel, Serkan Honour. I can hear you. Günel; defendants, Mehmet Haberal and Ahmet Hurşit Tolon’s Member Judge, Hasan Hüseyin defence counsels, Köksal Bayraktar Özese: As you did not give detailed and Yasemin Antakyalıoğlu; enough information in your defendant, Mehmet Haberal’s previous statements, I want to ask defence counsel, Efsun Ünal; some questions again. defendant, Mustafa Özbek’s defence Mehmet Haberal: Yes, I am counsel, Mehmet Erhan Turan; listening, Your Honour. defendant, Mehmet Haberal’s defence counsels Belgin Özersin Member Judge, Hasan Hüseyin and Serdar Özersin. Özese: When did you meet Şener Eruygur and what is the nature of your relationship. Can you please explain?

113 Professor Haberal: I know be organising a meeting. He came Mr Şener Eruygur by name from to the meeting and we spoke during when he was Undersecretary the event. However, I have not had at the Ministry of National any dealings with him outside the Defence. Later, when he became association’s activities. the Commander of the Turkish Gendarmerie Forces, we would Member Judge, Hasan see each other at offi cial functions. Hüseyin Özese: How long have I was also invited, with other you known Ahmet Hurşit Tolon university rectors, to the tree- And what is the nature of your planting day organised by the relationship? Turkish Gendarmerie Forces, where I conversed with him. Afterwards, Professor Haberal: When when he retired and became he joined the Military General president of the Atatürk Thought Command, we were having Association, I encountered him problems with the construction of once or twice. Other than that, I do Block C of our Ankara hospital. not have any other connection to Our hospital is made up of three him. blocks. For this reason, I had met him at the General Command when Member Judge, Hasan Hüseyin I went there. Since that time, we Özese: While he was in offi ce, did have met from time to time. you go to his offi ce at all? When I started kidney Professor Haberal: No, I have transplantation in 1975… I believe never been to see him at his offi ce. it was that date, but Mr Tolon is Member Judge, Hasan Hüseyin with you and I am sure he would Özese: When Şener Eruygur know when it was… he was an became president of the Atatürk attaché in the United States at the Thought Association, did you meet time. There was no law governing with him at all? organ transplantation in Turkey at that time. In order for this law to Professor Haberal: I met with be enacted, fi rst we had to show him twice. One was at this meeting. our people that we could use the Since he was president of the organs of the deceased in providing Atatürk Thought Association, he treatment. had informed me that they would For this reason, on 10 October

114 1978, I had the kidney of a In 1979, the Grand National deceased person brought over Assembly of Turkey passed 10 from the European Society for laws. One of those laws, was the Organ Transplantation. This way, law governing organ transplantation I showed how we could use the and in this way, organ organs of deceased people in the transplantation became legalised in treatment of patients. our country. At that time, Mr Tolon was in the United States and was After that, I started having closely involved in this subject. such kidneys brought over from When I met him at the Military the United States. When I started Command, it was also a surprise

…the kidneys of a person who died, could only be conserved for 12 hours. I demonstrated that the kidneys could be preserved for over 100 hours. Of course, during that period in time, we did not have any laws in our country governing this. As I mentioned earlier, in order to have this law enacted, I had to demonstrate this. doing this, the kidneys of a person for me. He even told me, that who died, could only be conserved organ donation is very important for 12 hours. I demonstrated that and that this was the area he really the kidneys could be preserved for emphasised in the passing of the over 100 hours. Of course, during organ transplantation law. There is that period in time, we did not have a statement to the effect that when any laws in our country governing a person donates their organ, it has this. As I mentioned earlier, in order to be done in the presence of two to have this law enacted, I had to witnesses. The issuance of a donor demonstrate this. As a result, a card is covered under Clause 6, resolution was passed in parliament where it says that a living person governing this. I remember, with can declare that they are willing to gratitude, those who passed the donate their organs in the presence resolution. of two witnesses. There, I found

115 out that Mr Tolon had arranged Ankara Chamber of Commerce to organise this system of organ and someone I know. I see him at transplanting among all the soldiers functions and he also attends our when he returned to the Army Dialogue Group meetings. From Command. For this reason, I would time to time, I also run into him like to thank Mr Tolon from here. at offi cial events. In fact, some of If you can imagine at that time, the the meetings he organises at the organ transplantation law had only Chamber of Commerce assembly just been passed. This law which rooms are quite important, so I also was passed at that time, was done attend them. I don’t have anything so, projecting into the future. additional to add regarding our relationship. Because in Clause 3 of this law, it states that organs cannot be sold Member Judge, Hasan Hüseyin or bought for profi t. Today, 30 years Özese: You say that you come later, unfortunately organ trade is a together at some functions and topical issue. While I can say that meetings. Could you please explain for the fi rst time in the world, to what these are? prevent organ trade, a country was able to issue a law. For this, I Professor Haberal: Sinan am very proud of my country. Aygün and Mr Tolon used to attend the Dialogue Group’s meetings. Therefore, since that time Mr Then, during the period of the Tolon and I have met at various National Sovereignty Movement, gatherings. Later, when he Mr Sinan did not attend, but Mr retired, he attended our Dialogue Tolon was with us in the meetings. Group and National Sovereignty Now, I don’t remember exactly, as Movement meetings. So, I see him in the assembly halls of the Ankara and meet with him through these Chamber of Commerce there have occasions. been many meetings to generate ideas and discuss the country’s Member Judge, Hasan Hüseyin problems. I attended some of these Özese: For how long have you meetings, but I can’t remember known Sinan Aygün and what is precisely which meetings they were. your relationship with him? Defence Counsel, Dilek Professor Haberal: Sinan Helvacı: You did not attend the Aygün is the president of the meetings on the abolishment of

116 the caliphate. That is what they are we met. Mr Erdal is also someone asking. I meet from time to time at various dinners. Other than that I do not Professor Haberal: I’m sorry? have a close relationship with Mr Defence Counsel, Dilek Erdal. We just meet on occasion at Helvacı: Abolishment of the various meetings, such as forum caliphate. meetings.

Professor Haberal: Oh, right. Also, I am from Rize, from My lawyer, Ms Dilek, is trying to Pazar and I am very familiar with remind me of something. From anchovies because they were an what I understand you are talking important part of the Black Sea about a caliphate? I am not aware region’s diet when I was a child. of such a meeting, nor did I attend Of course, many years have passed such a meeting. since then and I have lived through the difﬁ culties of those times. So, Member Judge, Hasan Hüseyin every year I organise an Anchovy Özese: I was going to ask about Cocktail Party. Thousands of this. On the 80th anniversary of the people attend this function and end of the caliphate, a meeting was it is organised at Patalya Hotel organised. Did you attend it? in Gölbaşı. All my friends and acquaintances in Ankara attend, Professor Haberal: No, Your including Mr Şenel and this is how Honour. I did not. I did not even I meet with him. know about it. I am hearing about such a meeting for the ﬁ rst time. Member Judge, Hasan Hüseyin Özese: Since when do you know Member Judge, Hasan Hüseyin İlhan Selçuk and what is your Özese: For how long have you relationship to him? known Muhittin Erdal Şenel and what is your relationship to him? Professor Haberal: I know İlhan Selçuk from the press. As Professor Haberal: Erdal I have also mentioned before, Şenel was the legal advisor to since he was a friend of my late the president of the General Staff teacher, Doctor Hüsnü Göksel, I during the time we were building may have seen him a few times at Block C and as we had problems Hacettepe. Otherwise I do not have with this construction. This is how any personal dealings with İlhan

117 Selçuk. Obviously, in the media, Özese: Do you know Mustafa İlhan Selçuk is a very important Balbay and how is your relationship writer and anyway this is where I with him? really know him from. Professor Haberal: Mr Member Judge, Hasan Hüseyin Mustafa Balbay, yes of course. Özese: Your name is mentioned He is the Ankara Representative in the founding of Cumhuriyet of Cumhuriyet newspaper. Firstly, TV channel. So, your name is I know him from Cumhuriyet associated with such a project. newspaper. Then, he has also come Were you involved in any projects as a guest on Channel B a couple relating to Cumhuriyet TV or were of times, so I know him from there given an offers to do so? too. Other than that… anyway, Mr Mustafa is sitting with you in Professor Haberal: No, the courtroom. He is really a very Your Honour. No, Your Honour; valuable journalist and columnist in deﬁ nitely not. I have already told our country. you this before. It is in my speech and also in my defence. There has However, he also knows, never been anything of the sort. that we do not have a very close Neither do I know anything about relationship. However, as with it, nor did I receive any offers. everyone, I greatly respect Mr Mustafa, and because he Member Judge, Hasan contributes to activities beneﬁ ting Hüseyin Özese: Have you had our country, I think very highly of any discussions or exchange of him. views regarding this, with İlhan Selçuk and Kemal Alemdaroğlu Member Judge, Hasan Hüseyin and Mustafa Balbay and/or Tuncay Özese: Do you know Mustafa Özkan? Özbek and how is your relationship with him? Professor Haberal: No, Sir. Your Honour, I am stating Professor Haberal: Yes, I have clearly that I have not had such known Mustafa Özbek for many discussions. I do not have any years, as he was the president of information on this, nor have I had the Metal Work Union. However, any offers. in recent years, I have neither seen or spoken to him. However, Member Judge, Hasan Hüseyin because of his position as president

118 of the Metal Work Union, in the times we met. past I have run into him at various functions. Other than that, I do not Mr Tuncay is really a very have any other relationship with valuable member of our media. him. In this respect, he has made some very important contributions to Member Judge, Hasan Hüseyin our country, for which I regard Özese: How long have you known him very highly. However, apart him for? from that, I have not had any other dealings with him. Professor Haberal: I’m sorry? Member Judge, Hasan Hüseyin Member Judge, Hasan Hüseyin Özese: Since when do you know Özese: In which year did you Kemal Alemdaroğlu and what is meet? your relationship with him? Professor Haberal: I don’t Professor Haberal: Kemal remember which year it was. Mr Alemdaroğlu is like me. He is a Mustafa has been heading this general surgeon and this is how I union for many years. However, I know him, professionally, as we are believe I have not seen him in the both scientists. And of course, he last fi ve or ten years. is also from the Black Sea region, Member Judge, Hasan Hüseyin from Sürmeli. So, because of that Özese: Do you know Tuncay we may have met at various Black Özkan? Since when do you know Sea functions. But, where I really him and what is your relationship know him from is the Council with him? of Rectors and the university administrative committees and our Professor Haberal: I have conversations have always been of already told you. I know Tuncay a scientifi c and academic nature, Özkan from the media and as I usually centred around resolving stated yesterday, and he would also issues facing higher education. remember it, we met for the fi rst time at a cocktail party given by In addition to that, Mr Kemal our President. That is where we met is a scientist who has made some and spoke. Later, I saw him again important contributions to the when he came to see me regarding medical fi eld of our country. Apart Kanal Türk TV. These are the only from any education or medicine

119 related dealings, Mr Kemal has not is a democratic country governed had contact or any requests of a by the rule of law. We all say this different nature with me. with pride and I am proud of it. My country is a democratic state Member Judge, Hasan Hüseyin governed by laws. Özese: Have you attended any meetings, rallies or demonstrations Again, as I explained yesterday, with Kemal Alemdaroğlu? the German Emperor had said in Berlin, “Berlin has judges.” In the Professor Haberal: When you same way, are there no judges in say meeting or rally, there was Turkey? I am openly saying this the walk to visit Anıtkabir, which here and I have always advocated was a meeting, attended by all the it. If punishment will be enforced

Moreover, as I stated yesterday, this is a constitutional right. It is our people’s constitutional right… our society’s constitutional right. If we can’t do this, as I said yesterday, why does the constitution contain Clauses 25 and 26? universities. Again, I explained on a crime, the punishment needs this in detail yesterday. Apart to be proven. The crime has to be from this, I have not attended any proven so that the perpetrator can rallies, demonstrations or any be punished and the innocent can other activities of the sort with Mr be free. Kemal. I want to give an example for Moreover, as I stated yesterday, this. The Quran has the Baqarah this is a constitutional right. It is Surat. The 179th verse starts like our people’s constitutional right… this, “In the Law of Equality our society’s constitutional right. If there is (saving of) Life to you, o we can’t do this, as I said yesterday, ye men of understanding; that ye why does the constitution contain may restrain yourselves”. Also, Clauses 25 and 26? in the Maidah Surat, God says, “As for the thief, both male and If we cannot do this, how can female, cut off their hands.” we say that the Turkish Republic

120 In other words, you need to Professor Haberal: Hasan punish the person who commits Kundakçı. I know General Hasan a crime, provided the crime has by name and from the media, but I been proven, so that innocent have not met him in person. people, with all due respect, as is happening today, do not have Member Judge, Hasan Hüseyin to endure punishment. So, if Özese: Do you know Tuncer someone is guilty of committing Kılınç? a crime? If there is a punishment Professor Haberal: Yes, I know for the crime, it must be enforced so that innocent people can live Tuncer Kılınç from when he was freely. at the National Security Secretariat General. Like other university Defence Counsel, Dilek rectors, I have attended meetings Helvacı: Mr Mehmet, please of the National Security Secretariat explain again that you did not General, on invitation. attend the rally, but came back immediately. Also, I have set up a Strategic Research Centre at Başkent Professor Haberal: No, I did University, in order to be able to attend the rally. The rally I attended contribute to the resolution of our is a constitutional right and I was country’s national and international there with Mr Kemal. But it was problems. From time to time, we very short. A wreath was placed organise functions, which many and then I came back and went people attend. These are in the into surgery. I have not been in any form of speeches and meetings. Mr other meetings with Mr Kemal, Tuncer attends these meetings and other than this. I know him from there. This is the Member Judge, Hasan Hüseyin extent of our acquaintance. Özese: Do you know Anıl Çeçen? Member Judge, Hasan Hüseyin Professor Haberal: Anıl Özese: Have you met with him Çeçen? No, I don’t recall right now. regarding subjects, other than what you have just mentioned? Member Judge, Hasan Hüseyin Özese: Do you know Hasan Professor Haberal: No. No, Kundakçı? Your Honour.

121 Member Judge, Hasan Hüseyin which I answered yesterday. Özese: For how long have you known Bedrettin Dalan and what is Apart from that, there are no your relationship? additional dealings I have had with Mr Bedrettin. Professor Haberal: I also spoke about this yesterday. I know Mr Member Judge, Hasan Hüseyin Bedrettin from the days he was Özese: Since when do you Mr Mayor of Istanbul. Then he went Kamuran İnan and what is your into politics, if I am not mistaken relationship with him? and became minister. During the Professor Haberal: I knew Mr time he was Mayor of Istanbul, as Kamuran by name after he went I mentioned yesterday, I set up a into politics. Later, during the time dialysis centre in Istanbul. Başkent he was Energy Minister, I visited University’s hospital, which I set up him and that is when I became in Altunizade, used to be virtually a acquainted with him personally. rubbish dump. Now, on this rubbish I continue to run into him dump stands a very state-of-the-art occasionally since those days. The hospital. I am very proud of this last time I met with him was when hospital. we were setting up the Dialogue At the time, Mr Bedrettin Dalan Group. We started working together was a close of friend of the late at the Dialogue Group and then he Şahin Gümüşer, who was also the became head of the group. He is a brother-in-law of my friend, the person who has contributed greatly late Doctor Nevzat Bilgin. This is to our country throughout his entire how I met him. Later we saw each political career, be it during the other on various different occasions time he was ambassador in the and at the time he was setting up foreign ofﬁ ce or be it when he went Yeditepe University, he did call me into politics. from time to time. He sent me his Mr İnan is a person I was authorised people and they founded with since March 2006, when the prominent Yeditepe University. he was Director - this is the After that, occasionally, we most appropriate term - of the continued to speak over the phone. Dialogue Group and then later In addition to that, there were also became Director of the National the questions regarding his health Sovereignty Movement. The only which were brought up and all of

122 subject we talked about - and I have country? repeated this many times yesterday – was how can we contribute to our Mr Ufuk is in the National country; how can we ﬁ nd solutions Sovereignty Movement and for the problems our country is generally speaking, he organises facing, so that the leaders of this the group’s general administration. country can also draw upon this. As I also mentioned yesterday This has been our sole aim and our and showed documentation in sole activity. illustrating this, for a meeting, invitations are sent out, then the I always say, we exist because responses are received and Mr Ufuk our country exists; our country attends the meetings. All he does is exists because we exist. This is ensure the proper organisation of because this country was created the meetings from an administrative out of nothingness and poverty. It perspective. That is the extent of his was created by Atatürk, his friends responsibility. and our brave soldiers and entrusted to us. I would also like to remind I would also like to say that on th you of something else. The late the 85 anniversary of the Treaty of Yasser Arafat had said, “I have no Lausanne, a very important press land to be buried in.” This is a very release was issued, by the National important saying for me. Sovereignty Movement. As I also mentioned in my statement at the Thanks to God, we have a police station, we would come beautiful country. The primary together occasionally with Mr duty of each citizen of the Kamuran İnan, Mr Ufuk Söylemez, Turkish Republic is to protect Mr Hasan Ünal, Mr Halit Dağlı and this country, which was entrusted Mr Ramazan, who is the president to us at the cost of many lives of the Headmen Federation. We and not, as General İsmet said, would meet to ensure the smooth “trouble it with a regime of running of the activities and defamation.” We need to ensure functions. that this country is strong against foreigners and against our own For this reason, Mr Ufuk is a internal problems. This is our person with whom we have worked primary duty. This has also been closely. Be it with the Dialogue the aim of these meetings – how Group or be it with the National can we contribute further to our Sovereignty Movement, Mr Ufuk

123 is a former parliamentarian, who is Professor Haberal: These actively involved. questions are really very interesting. When you ask me Defence Counsel, Dilek these questions, it makes me really Helvacı: He has just described the wonder. I wonder whether my Co-ordination Committee with country is really a democratic regard to moving towards setting state governed on the basis of the up a political party. This is what he rule of law, as we say it is, or is it is saying. It is important. moving towards something else? Member Judge, Hasan Hüseyin Where is this country going? Özese: There is a committee, which I have repeated this numerous was created after the National times. This is something that my Sovereignty Movement. I believe it friends and I have a right to, as is the Co-ordination Committee. per the Constitution of the Turkish

When His Honour, the presiding judge was reading all this out to me yesterday, I felt as if the whole building was collapsing over my head. Mehmet Haberal is setting up a terrorist organisation to destroy his country; Mehmet Haberal was present at the attack on the State Council; I don’t know… Mehmet Haberal contributes to the use of arms. If His Honour had ﬁ red a bullet at me, it would have had less of an effect.

Professor Haberal: No. Now, there is something called the Co- Republic. If this is interpreted as ordination Committee. anarchy, as I am being accused of forming a terrorist organisation to Member Judge, Hasan Hüseyin destroy the country, I am seriously Özese: Who was a member of offended. this committee and what was its purpose? Can you please explain? When His Honour, the presiding judge was reading all this out to

124 me yesterday, I felt as if the whole example. How is it that the building was collapsing over my current ruling party was set up head. Mehmet Haberal is setting up under the same circumstances a terrorist organisation to destroy and in the same environment? his country; Mehmet Haberal was How is it that, with my present at the attack on the State permission, they used Patalya Council; I don’t know… Mehmet Hotel to prepare their activities Haberal contributes to the use of and set up their party and are arms. If His Honour had fi red a now ruling the country? Forgive bullet at me, it would have had less me, but in that case, did they also of an effect. commit a crime? Is that what we should be saying? Do you really Do you really think this think this is what it is? In that is possible? This is just an case, with all due respect, the organisation, a group. I have questions you are asking are not repeated this over and over befi tting of my country. again. The National Sovereignty Movement was set up in order to So, it makes me think, and fi nd solutions for our country’s I have to say tell you this as so problems. Its purpose is to serve much work has gone into it. our country, which is why we Mehmet Haberal initiates organ formed a management team within transplantation in this country. the group. We also formed a He brings the World to Turkey. committee and my name is at the With the permission of God, he head of this committee. It is so that becomes the head of international we can enjoy an exchange of ideas organisations. He sets up a and the purpose of the decision we university in the country. He sets up took on 14 January 2008 was to be hospitals and he employs thousands able to set up a political group. of the country’s citizens.

Or is it against the Constitution I remember this very well. of this country to set up a political When this ruling party’s ﬁ rst formation? If this is how we think, government was formed, the then why do we have a number of government’s minister of labour political parties? What were these had said, “For whoever employs parties set up for? a hundred people, I will reduce their social security premiums.” I would like to give an All the while, Mehmet Haberal is

125 employing thousands of people and is the management commission my premiums were consistently and the second is a group set up increased. So, is this my crime? for discussion. I was regarded with respect by my friends and In this case, I have to remember appointed to the head of this group. General Mithat, who said, “People who serve their people or want to Deputy Judge Hüsnü Çalmuk: serve their people, cannot expect Your Honour, could we take a short any other outcome.” Is this what break? you mean? But I don’t accept this. I remember the late General Mithat Defence Counsel, Dilek with respect and gratitude. It is Helvacı: A statement was made Ziraat Bank who developed this to the press on the Co-ordination country. However, it was not the Committee.

I am being subjected to this trial, which has prevented The Organ Transplantation Society and thousands of people from coming to Turkey. Forgive me, but it is not possible for me to accept this.

Ottomans’ people who sent General Professor Haberal: Yes, Mithat there. The people who statements have been made to the sent General Mithat there, were press regarding this and things have unfortunately, the people ruling the been explained. The doors of all our Ottomans at that time. meetings have always been open So, is this what you want me to all the way and everything has been say? That, here, in Turkey now, the communicated to the press. same things are happening? I don’t know what more With all due respect, it is not my there is. Please ask me whatever people who sent me here. you need to ask me. We have to eliminate this strong suspicion. Yes, there were two Because I have already said that commissions set up here. The ﬁ rst I need to be answerable to the

126 Turkish people. thousands of people from coming to Turkey. Forgive me, but it is not Member Judge, Hasan possible for me to accept this. Hüseyin Özese: Mr Mehmet, we are not trying to question Deputy Judge Hüsnü Çalmuk: your constitutional rights. We Your Honour, the doctor says that are questioning you within the we need to take a break. framework of the indictment. The session breaks up for a Professor Haberal: No, you short recess. are questioning my constitutional rights. I see this and it makes me The hearing continues from very sad. where is left off via video- conferencing. Defendant Mehmet Member Judge, Hasan Hüseyin Haberal’s cross-examination Özese: Our investigation is within continues. the boundaries of the indictment. Member Judge, Hasan Hüseyin Professor Haberal: Look, Özese: Mr Mehmet. Do you know let me tell you this, as a Turkish Aydın Gergin? citizen. Your Honour, I am sorry, but as a Turkish citizen I am very Defendant Mehmet Haberal sad by this type of questioning. asks for permission to speak. He is I am proud of my country. I am granted permission. proud of serving my country. I have Professor Haberal: Ger… brought the attention of the world to this country. I have brought the Member Judge, Hasan Hüseyin world to this country. Özese: Aydın Gergin.

And this country has arrested Professor Haberal: No, sir. I me. As a result, I have not been able don’t know him. to make the opening speech as the guest of honour of this international Member Judge, Hasan Hüseyin congress, taking place in my Özese: According to the section country. My country. Unfortunately, relating to you in the indictment, I have been arrested in my own you have had ﬁ ve conversations. country. I am being subjected to The indictment states that you have this trial, which has prevented The had ﬁ ve telephone conversations. Organ Transplantation Society and What do you have to say about that?

127 Professor Haberal: I have indictment, it looks like you have had ﬁ ve phone conversations? I had 42 telephone conversations don’t know him. I have nothing with him. to do with him, nor do I have any information about him. Professor Haberal: Excuse me, but I do not want to speak Member Judge, Hasan Hüseyin anymore about this indictment right Özese: Do you know Ufuk Mehmet now because this indictment is Büyükçelebi? based on my setting up a terrorist organisation. I request that this be Professor Haberal: No, sir. I left to the discretion of the Turkish don’t know him. people. I leave it to your discretion.

This “strong suspicion” you keep mentioning… I don’t know how it was formed. I don’t ﬁ nd that this beﬁ ts the prosecutors of the Turkish Republic and I am openly highlighting it.

Member Judge, Hasan Hüseyin I have been busy with my Özese: Again, according to the country for 24 hours a day. Mehmet indictment it looks like you have Haberal has come out of a liver had six telephone conversations transplant surgery, from a kidney with him. transplant surgery; has done Professor Haberal: No, I don’t scientifi c research and on top of know him and I don’t recall his that has added another 24 hours name. into his day to set up and run a terrorist organisation. Member Judge, Hasan Hüseyin Özese: Do you know Adnan As I mentioned a little earlier, Kılıçarslan? Your Honour. Had you fi red a bullet at me it would have had less effect Professor Haberal: No, I don’t than these things you are accusing know him. me of. So, in a way, unfortunately this indictment is simply trying to Member Judge, Hasan Hüseyin fi nd any way it can to incriminate Özese: Again, according to the me.

128 Now, I am accused of setting up Professor Haberal: This is why a terrorist organisation with a man I would like to leave the indictment that I have not seen for 25 years. to the discretion of the Turkish Please, I leave the evaluation of this people and yourselves. indictment to your discretion. Member Judge, Hasan Defence Counsel Serdar Hüseyin Özese: Do you know Erol Özersin ask for permission to Mütercimler? Erol Mütercimler. speak. He is granted permission. Professor Haberal: No, Sir. I Defence Counsel, Serdar don’t know him. I have read one of Özersin: His Honour asked a his books, but I do not know him question a little earlier regarding personally. Adnan Kılıçarslan. After the declaration of the indictment, Member Judge, Hasan Hüseyin we did our own research. Adnan Özese: In the indictment, it is Kılıçarslan is a police offi cer. The claimed that you have had fi ve security, provided to Mr Haberal telephone conversations with him. by the government, have called Professor Haberal: Exactly. this individual from the university I leave the evaluation of the telephones. Mr Haberal does not indictment to you. These are things know this individual. I would I have defi nitely not done. I am like to request the members of sorry. This “strong suspicion” you the court to take this detail into keep mentioning… I don’t know consideration. A question was asked how it was formed. I don’t fi nd that about 42 telephone conversations this befi ts the prosecutors of the between Mr Haberal and Adnan Turkish Republic and I am openly Kılıçarslan. He is simply an highlighting it. individual that Mr Haberal’s offi cial security people, provided by the Please remember Mahmut Esat government, have called. For this Bozkurt. Why was he appointed as reason, these calls bear no relation prosecutor of the Turkish Republic? to Mr Haberal. Why was he not appointed somewhere else? Our valuable, Defence Counsel, Dilek late Minister of Justice said, “You Helvacı: Furthermore, there is no are the prosecutor of the Turkish phone transcript available on this Republic.” subject.

129 This is why such an indictment goes, “Allah commands (people) does not suit the prosecutors of to maintain justice, kindness, and the Turkish Republic. I request the proper relations with their relatives. pardon of those who did not prepare He forbids them to commit this document. This is because this indecency, sin, and rebellion. God indictment has been based on gives you advice so that perhaps how blame can be put on Mehmet you will take heed.” Haberal to incriminate him. Moreover, in the Nisaa Surat, This thing, called Ergenekon, it says, “Allah commands you to has no close or distant connection render trusts to whom they are to me. As I have said, I found out due and when you judge between about Ergenekon from the media, people, to judge with justice.” just like other citizens of this country. I have no other knowledge For this reason, Your Honour, of it apart from this. justice is God’s command.

Furthermore, I have testifi ed I am sorry to say, but I can see for hours at the Counter-Terrorism that what is going on here also unit of the Police Headquarters, at goes against God’s command. the Prosecutor’s Offi ce, in front of Therefore, there are many false the 14th Deputy Judge. My lawyers allegations, which are completely have argued their defence for hours. un-related to me, put in the Moreover, we provided all sorts of indictment by the prosecutors of documents after that, to prove our the Turkish Republic. case. It is impossible for me accept However, I have seen that this. neither my statements, nor the Defence Counsel, Dilek arguments of my lawyers, nor any Helvacı: With regard to the of the documents and evidence we conversation, according to the fact- provided, are displayed here. fi nding report, Erol Mütercimler’s Is this what you call a number called the landline of judgement? Is this what you call Başkent University. He is a justice? journalist. It is possible he called and could not reach Mr Haberal. As I said yesterday, justice is In the fi le, there is no telephone God’s command. The Nahl Surat transcript in relation to this call.

130 My client has also stated in front businesses, nor asked them any of you that he does not know this questions, unless they came to me individual. for my opinion.

Member Judge, Hasan Hüseyin So, according to this indictment, Özese: Do you know Fatih supposedly I gave instructions Hilmioğlu? to Fatih Hilmioğlu, something about 44. I have already given my Professor Haberal: Who? response to all this and anyway, Member Judge, Hasan Hüseyin none of it is true. Özese: Fatih Hilmioğlu. Furthermore, never has it even Professor Haberal: Yes, Fatih crossed my mind to get involved in Hilmioğlu was my student in the matters of another university. I Hacettepe. Later he specialised in have clearly explained this in my gastroenterology and then became statement, so there is absolutely the rector of İnönü University. no way that I set up a terrorist When his rectorate ended, he came organisation, let alone one with to me and said, “Professor, I would Fatih Hilmioğlu. like to work with you. Would you I am a university rector, Your accept it?” I replied, “Of course, I Honour. My duty… My primary would.” duty is to protect my country. My Right now, I am very proud second duty is to serve science and of the fact that Fatih Hilmioğlu, knowledge. And today I am proud a great man of science, was also of this. Fatih Hilmioğlu is also a my student. He currently works scholar and I am proud of him as with me and at the moment, well. unfortunately, he has also found Member Judge, Hasan Hüseyin himself in the same situation as Özese: In the searches conducted, me. He has also been arrested, like a document, labelled 284 by the me for 356…no, 357, actually, police, was found. This was an now 358 days. This is the extent of open envelope inscribed with the my relationship with him. In any words ‘Private’ and ‘Professor case, I would not have anything Doctor Mehmet Haberal’. This other than that to do with him envelope contained an İnönü because my whole life I have not University branded document gotten involved in other people’s

131 printout, addressed to Rector, of defamation”. I am sorry, but if Professor Mehmet Haberal. It this continues, then we will not is unknown who wrote it, but have the strength to resolve our it contains claims against Fatih country’s national problems, nor its Hilmioğlu. international problems

Professor Haberal: Your Furthermore, it is deplorable Honour, I know that letter. that an unsigned letter, sitting on my desk, is being used as evidence. Member Judge, Hasan Hüseyin Not only that, but the police Özese: Please explain what you offi cials did not even give us a copy know about this. of this evidence taken from my Professor Haberal: Yes, I know offi ce. I did not get copies of any of that letter. I remember it very well. the documents taken from my offi ce This is purely Fitna (provocation and my house. According to Clause to cause problems between people). 134 of the Criminal Procedure Now I want to say this. Law, a copy of all the evidence

In these 357 or 358 days, how many livers could Mehmet Haberal have transplanted? How many kidneys? How many congresses could he have attended? How many scientiﬁ c articles could he have published? Did we take into account any of this?

Now, pardon me, today I have confi scated, should have been given kept taking quotes from our Holy to us, otherwise this evidence is Book, the Quran. In the Baqarat invalid. We did not even do a body Surat’s 191st verse, God says, “… search of the offi cials when they Fitnah is worse than killing”, and it came to my offi ce and house. is of course slander. I have already said it earlier. I have already Let’s look at it this way. Any repeated General Ismet’s words, one of the people there could have “We are moving towards a regime come with things in their pockets and planted them in my offi ce or

132 house. Who would be responsible Did we take into account any of for that? Who would pay the price? this?

Or someone came with And you, while waiting for all another computer put it in my these fi les, how many of citizens offi ce. They are obliged to give could you have helped out in us copies of all the documents the mean time? How many life- taken. Otherwise, what is the changing decisions could you have meaning of the 134th Clause of the taken? Criminal Procedure Law? What was it written for? Is it just for Unfortunately, as a society, we show? have too much time on our hands. As the Caliph Omar had said, “The For this reason, all of this arrow that leaves its bow, words is very sad and I feel even that leave our lips, opportunity more saddened that I am being that’s gone and time which has questioned on it. passed, are all things which will never come back.” Therefore, such claims made against Fatih Hilmioğlu, This is why we need to evaluate unfortunately, seem to have become this properly, Your Honour. I am a habit in our country. So, when sad that we have this much time; someone is disturbed by someone that our country has really resolved else, they send an anonymous letter all its issues, so now we can deal and as if our country’s prosecutors with such unlawful letters, without and judges do not have thousands signatures. How valid can it be with of cases to deal with, they are being no signature? If the person who kept busy with such elementary typed that letter had any civilised matters. courage, he would have signed his name at the bottom, to tell us who I am sorry, but here I am today he is. In that case, we could have th th for my 357 or 358 day. In these discussed it with him directly and 357 or 358 days, how many livers really evaluated whether there was could Mehmet Haberal have any truth to it. However, I can see transplanted? How many kidneys? today, that this has become an art in How many congresses could he my country. Thank you. have attended? How many scientifi c articles could he have published? Member Judge, Hasan Hüseyin

133 Özese: I will ask this question that they should lower their gaze in a different way. Was the letter and guard their modesty: that will containing allegations against make for greater purity for them.’ Fatih Hilmioğlu discovered in The 31st verse concerns the women your place? Wasn’t it found at your and starts like this, ‘And tell the place? believing women to lower their gaze and be modest, and to display Professor Haberal: Yes, it was. of their adornment only that which I know that. I am not saying that is apparent, and to cover their hair the letter was not found on my down to their shoulders.’” premises. I have already said that it was on my desk. I speciﬁ cally put There is more. The Nur Surat it on my desk and I even told the also has a 60th verse, which is very president of the Gastroenterology important. In this verse God says, Unit that another letter like that “As for women past child-bearing, may appear again. I did not want who have no hope of marriage, it is Mr Fatih to get upset over it, as it no sin for them if they discard their became a topical issue. (outer) clothing in such a way as not to show adornment.” This how Your Honour, there was a the 60th verse goes. hospital board meeting, where the headscarf issue was being discussed I did not mention this that day; and of our friends at the meeting I am mentioning it now. I told stood up and said, “I will give you them that if anyone is interested an explanation for the headscarf; in the 60th verse, they should open historical information.” He said a it and read it. In the meeting I few things and completely confused also added, “Friends, look. Islam the entire matter. When he ﬁ nished equals people and the guide in his speech, I asked for permission Islam is the Quran.” I said this in to speak and told them exactly an inter-university meeting. I also this, “I will make a correction.” said, “Look, Islam is a religion of Everyone looked at me to see what reason.” I would correct. And I continued to say, “In the Quran, there is the Therefore, had we respected 31st verse of the Nur Surat.” I even the Islamic religion as is stated in went onto say, “The 30th verse, the Quran, we would not be going which concerns men, goes like through this today. this, ‘Say to the believing men

134 Also, in the 29th verse of the but can I ask you something? Kahf Surat, God says, “The truth What is it that you want to get is from your Lord, so whoever from me? Just tell me straight wills - let him believe; and whoever out so that I can explain it to you. wills - let him disbelieve.” In the Please don’t try to twist and turn same way, the Baqarat Surat’s 256th it and connect it to this letter. verse goes like this, “There is no Whatever it is you want from me, compulsion in religion.” please ask it directly and I will tell you. So, after I made this speech and the meeting came to an end, Member Judge, Hasan Hüseyin I don’t know who said what after Özese: Now, Sir, our questions afterwards. However, I know that are based within the context of the my words at the inter-university indictment. meeting became a well-known speech and were repeated at various Professor Haberal: This other occasions, which is why it is letter… I’m sorry. probable that I received the letter in Member Judge, Hasan Hüseyin question. This is also why I did not Özese: We are asking you about pay attention to it. I opened it, read documents, which were discovered it and placed it back on my desk. on your premises and about people This is all there is to this letter. you know.

Member Judge, Hasan Hüseyin Professor Haberal: Yes and I Özese: I would also like to ask this am answering these questions. Mr Mehmet. Why was this letter containing claims against Fatih Member Judge, Hasan Hüseyin Hilmioğlu sent to you? What was Özese: And so, these questions are the reason? related to the indictment.

Professor Haberal: Your Professor Haberal: Yes, I Honour, what more do you want understand. I am also answering me to say about this? For whatever your questions. I am saying that the reason, the sender of the letter is sender of the letter is, for whatever making a complaint against Fatih reason, complaining about Fatih Hilmioğlu to me. That is it. Hilmioğlu to me. Why? Because Fatih Hilmioğlu has come to work I mean, I am sorry to say this, with me. That is all there is to it,

135 Your Honour. If you have anything I can explain it to you. I can tell further on this, please ask me. you it is this or it is that. It is as simple as that. Member Judge, Hasan Hüseyin Özese: So, on that date was Member Judge, Hasan Hüseyin Fatih Hilmioğlu working at your Özese: Again, in the searches university? that were carried out, an 11-page document titled, “New Formation Professor Haberal: Yes, Fatih Notes” with the inscription Hilmioğlu had applied to work with “Doesn’t your heart ache?” was me. found. In this document there was Member Judge, Hasan Hüseyin a writing containing evaluations Özese: So, when you received of the Justice and Development the letter, Fatih Hilmioğlu was Party and Young Party. There are employed by you. also claims regarding an individual, by the name of Oktay Yıldırım, Professor Haberal: No, Fatih being involved with the New Life Hilmioğlu had retired. Magazine.

Member Judge, Hasan Hüseyin Professor Haberal: It doesn’t Özese: Hmmm. mean anything to me.

Professor Haberal: And he had Member Judge, Hasan Hüseyin applied to work with me at Başkent Özese: Do you know Oktay University. This was a letter written Yıldırım? to me during his application period. Professor Haberal: First of Member Judge, Hasan Hüseyin all, I don’t know anyone by the Özese: So, it is a letter. name of Oktay Yıldırım. Secondly, I know of the Şemdinli incident Professor Haberal: When I say from the media. I don’t have any a letter, it is a piece of writing, a other information on it apart from document. And on top of that, it that. What was its outcome? I don’t is un-signed. Your Honour, for know. So, I don’t know what this you to be spending so much time document, which was sent to me, is. on this un-signed document, it means that you are expecting Now, Your Honour, I am a something out of it. Whatever it doctor and at the same time, a is, please ask it directly, so that teacher. Like I said yesterday, apart

136 from going to God, people come to is, a news story or whatever else, I see doctors for their health and they am not aware of it. Anyway. go to see judges to seek justice. Member Judge, Hasan Hüseyin So, we can receive all sorts of Özese: Again, during the searches, documents, information. If it is a document, labelled 319 by the related to our profession, I mean the police, was discovered. This one- medical profession, we have taken page document, addressed to the Hippocratic Oath. No doctor the retired General İsmail Hakkı has the right to give out to anyone, Karadayı was inscribed with the any of his patient’s information, words, “My honourable general. As without the patient’s consent. Of you requested, I am sending you the course, for judges, I don’t know CDs of the F.D. initialled person. how it works. You know how it My sincere regards, Mehmet works. I would assume it would Haberal” be similar. Anyway, I know of the Şemdinli incident from the media Professor Haberal: Your and I don’t know anything else Honour. about it. Member Judge, Hasan Hüseyin Moreover, I wonder if the Özese: This printed document, with people who took this document, sincere regards, was discovered. left us a photocopy of it? Have Professor Haberal: Ok. they applied Clause 134 of the Criminal Procedure Law? Or were Member Judge, Hasan Hüseyin they searched before entering the Özese: Do you know İsmail Hakkı premises? Karadayı?

I don’t know about this Professor Haberal: Of course document frankly and I am hearing I do. about it from you. I would also like to add, in brackets, that I don’t Member Judge, Hasan Hüseyin remember reading such a document Özese: What are the contents of either this CD? If you don’t mind, could you please explain? Defence Counsel, Dilek Helvacı: It was in the newspaper. Professor Haberal: Of course I can. First of all I know General Professor Haberal: Whatever it İsmail Hakkı Karadayı by name

137 from when he was Commander of Member Judge, Hasan Hüseyin the Turkish Armed Forces. I have Özese: Ok, understood. to be honest, right now I don’t remember if I have met General Professor Haberal: So, they are İsmail Hakkı or not. the CDs of the former Member of Parliament, Faruk Demir, who is Secondly, it is interesting, now heading the music department how I write a letter to the retired of Channel B. These are the CDs I Commander of the Turkish Armed sent to our former Commander of Forces saying that I am sending the Armed Forces. him CDs. Now, Channel B, which I have founded and which I now say Member Judge, Hasan with pride, is a channel watched by Hüseyin Özese: In another search, many people in our country because a document, labelled 159 by the it covers events and news honestly police, was found. This document and truthfully. was dated 15 July 2002 and titled, “Internal Threat Evaluation” and On this channel, every Sunday contained bullet points from 1-22 at 20:00, there is a programmed and ended with “They are acting called, Voice of Anatolia (nation), appropriately for this game”. Other hosted by a former Member of sub-headings included, “Internal Parliament and performer, Faruk Threat Evaluation Seminar Result Demir. It is about traditional Report” and “Evaluation of the Turkish folk and classical music. Internal Threats facing Turkey”. Our retired Commander of the The report was signed by Staff Turkish Armed Forces, General Colonel MM, seminar leader PA, İsmail Hakkı Karadayı, watches leader and seminar secretary TK. this programme regularly and one Can you please explain this? day he phoned me. He said to me, “Professor, I really like Mr Faruk’s Professor Haberal: Yes, of programme. Would it be possible course I can. for you to send me some of the CDs Member Judge, Hasan Hüseyin of this show?” So, I took these CDs Özese: Why was this in your and sent them to our General, the possession? former Commander of the Armed Forces. That is what this letter is Professor Haberal: Yes, of referring to. course. Actually, it was not found in my possession Your Honour. I

138 would also like to remind you that belongs to me and so does all the the answers to all these questions information in it. The person who are already in my written defence. gave it to me is also stated on the But I will explain again. document. It was given to us as part of our training programme and it Member Judge, Hasan Hüseyin does not have anything to do with Özese: Please explain it brieﬂ y. Mehmet Haberal.”

Professor Haberal: Every year And anyway, the offi cers the National Security’s General who came from the Counter- Secretariat organises programmes Terrorism Unit, took whatever and requests for staff from various CDs and documents they could institutions. So, at the time, in fi nd. Then, they came out with response to this request, we sent an unfortunate statement to the one of the news editors’ assistants, effect that they had collected over İzzet Dağıstanlı. First of all, those 1,300 CDs from Mehmet Haberal. documents did not come out of Then, we understood that they my offi ce. They came from İzzet only took three from my offi ce, Dağıstanlı’s offi ce and İzzet which were all advertising CDs. Dağıstanlı also confi rmed this. He None of the other CDs belong to said, “These came from my offi ce me. That is all I have to say. Thank and do not have anything to do with you. Doctor Haberal.” Member Judge, Hasan Hüseyin And this concerns a lesson Özese: Again in the search, a taught at the Academy. The memo, dated 27 August 2001 and National Security Academy. I have labelled 160, by the police, was the document with me. It is strange, discovered. The document was how I have already said before titled, “New politics for a New that neither what I have said, nor Turkey and the First Steps to a New what my lawyers have said, nor our Formation” and had bullet points evidence and documents were taken from 1-30. The last page of the into account. This document was computer printout had the words, included in the indictment. Here is “Mehmet Haberal is the owner of the document. I have it with me. the application”. This document, İzzet Dağıstanlı has attested containing content of a political and signed to say, “This document nature, was signed by Yaşar Nuri Öztürk and Yaşar Okuyan.

139 The pages that followed did not application? have any signatures, nor headings, but, they were photocopies of what Member Judge, Hasan Hüseyin is considered to be minutes of a Özese: A document to that effect trial hearing. Along with these, was found. there were also notices signed Professor Haberal: This… by the National Sovereignty Movement. Furthermore, between Defence Counsel, Serdar pages 11 and 22, were lists with Özersin: They said this while the following names, who are rummaging through the bag. This is who are being tried within this what came out of the bag. investigation: Doğu Perinçek, Anıl Çeçen, Emin Gürses, Erol Manisalı, Member Judge, Hasan Hüseyin th Güler Kömücü, Hurşit Tolon, Özese: This document is in the 6 Mehmet Haberal, Mustafa Balbay, trial folder and is on page 200 of Mustafa Özbek, Şener Eruygur, the CD and around page 271 of the Tuncer Kılınç, Tuncay Özkan. actual document.

Page 25 is titled, “Plenary Defence Counsel Serdar Session of Administrative Law Özersin: Your Honour, the Divisions” and contains the names documents you mention are very of the president and members of disjointed. Now, for example, this division. It is understood that let me explain one of them. Our this document is the minutes of university’s plenary session of Mehmet Haberal’s application administrative law divisions have dated 27 August 2001. a number of ﬁ les. This could be related to a lawsuit ﬁ le. Can you please provide an explanation on this? What are these However, with regard to your minutes related to? question on the document bearing the inscription, “Applicant: Professor Haberal: Does this Mehmet Haberal” and titled, “First document belong to me? It was my steps to a New Politics for a New application? Turkey”, how can Mr Haberal reply to your question without having Member Judge, Hasan Hüseyin seen the document? If you could Özese: Yes. allow us, could we see which trial Professor Haberal: Was it my folder this is in?

140 Member Judge, Hasan Hüseyin 270 and 275. Özese: Defence Counsel can reply by saying that they will check and Professor Haberal: Ok, Ms then respond to the question. Dilek, please take a look. Your Honour, as with the fact that I Defence Counsel, Serdar am not aware of the existence of Özersin: No, please tell us the such a document, anyway I would page Your Honour, so that we can not make such an application respond immediately. Could you anywhere. Who would do it? please give us the page number? My lawyers would do it. For this reason, it is not possible for this Presiding Judge: But, we are document to be related to me. not able to show him. Furthermore, I will continue Professor Haberal: No, one to say this. If my country, the minute. Let me say this, Your Republic of Turkey, is a democratic Honour. I have never made such country governed by the rule an application. I don’t remember of law, and if the Constitution I anything of the sort. Anyway, have in my hands is valid and if Tuncay Özkan is sitting there. the Turkish Republic’s Criminal Member Judge, Hasan Hüseyin Procedure Law is valid, how Özese: Ok, we have your response. is it that an application made somewhere is recorded as a Deputy Judge, Hüsnü Çalmuk: criminal act? Your Honour, they are asking the page number. In the judge’s I don’t remember any of this question, which page of the 6th and I would not make such an folder is it on? There seems to be application. Furthermore, Mr a hesitation there. If you could tell Özkan is sitting there and if I them, they are saying they will remember correctly Mr Okuyan respond should also be there. If they have any information on this, please let Presiding Judge: Page 268 them explain or inform us. That way, I will know what it is you are Professor Haberal: Take a look looking for and reply accordingly. at page 268 So, it is not possible for Member Judge, Hasan Hüseyin me have a connection to these Özese: You can look between pages

141 documents. In any case, where he was suffering from? What was exactly was this document found? the illness that made him go to From which of my ofﬁ ces was it hospital? retrieved? Have the people who brought the document here stated Professor Haberal: I have this? Have they given us any already explained this in great copies? When they took these detail. Mr Bülent came to us on documents, did they not think at 4 May. He had just come back all about the Criminal Procedure from India and was suffering from Law, that they might be, one day stomach pains. During his trip he reminded of this law? had had some problems. So, he came for one night. I believe he Member Judge, Hasan Hüseyin was suffering from gas. Anyway, he Özese: Yes, this document on this got better and left. page is not the original document. It is the summary of another Apart from this, I cannot document. This answers the disclose the other times he came question. I would like to move onto to us because I am a doctor under the next questions. oath. I have already reminded you of this before. A patient would need Professor Haberal: Please go to give me permission for me to ahead. disclose details of his illness, Your Honour. How could I give details of Member Judge, Hasan Hüseyin our Prime Minister, the late Bülent Özese: I would like to ask some Ecevit, Your Honour? This would questions regarding the treatment be a violation of the Hippocratic of our Prime Minister during that Oath I took. It is not possible. time, the late Bülent Ecevit. Member Judge, Hasan Hüseyin Professor Haberal: Please go Özese: In that case, can you please ahead. answer the questions which do not Member Judge, Hasan Hüseyin pose you such a problem. Özese: Now, I believe that on 4 Professor Haberal: Moreover… May 2002, our Prime Minister at the time, the late Bülent Ecevit Member Judge, Hasan Hüseyin went to Başkent University, Özese: You can answer by saying where you were rector, to undergo that due to the patient doctor treatment. Could you tell me what privilege, you are not able to

142 answer that question. or permission. This is without exception. Furthermore, all the Professor Haberal: I don’t necessary reports signed by my understand. colleagues and myself as rector, are Member Judge, Hasan Hüseyin in the fi les and have been presented Özese: You can say that you are to you. unable to reply because of the Member Judge, Hasan Hüseyin doctor patient privilege. Özese: Did you examine him Professor Haberal: Of course. yourself? Anyway, the patient was not related Professor Haberal: Me? to my fi eld. It is not just about the patient doctor confi dentiality. He Member Judge, Hasan Hüseyin was not directly my patient. He Özese: Yes. was my patient once, upon his return from India. He stayed in Professor Haberal: I have hospital one night because he was already told you. He came one complaining of gas. He left the night and we admitted him and I following day. examined him. He was my patient. He had complaints about gas. The Member Judge, Hasan Hüseyin next day at lunch-time he was Özese: I am asking because it is discharged. That is all. That was the related to the allegations made in extent of his dealing with me. Other the indictment. than that, it was not related to me as I have already said. Professor Haberal: No. No, Your Honour. I’m sorry, but no. I am really thankful to our late Prime Minister, Bülent Ecevit. Member Judge, Hasan Hüseyin Because as I had mentioned Özese: Some topics… yesterday, he entrusted his health to Professor Haberal: No, I want the care of Turkish doctors, just as everyone to know this. Only God Atatürk had done. This means that knows the relationship between Turkey’s medical standards have a doctor and his patient. A doctor reached international standards. does not have the right to give I believe that all Turkish information regarding a patient, people are proud that the Turkish without the patient’s knowledge healthcare system has achieved

143 these standards. I have said it In the Turkish Republic today, I today. I have said it yesterday have set up dialysis centres, even in and I will say it again. Turkey has Mr Yaşar Okuyan’s village, Yalova. now reached a point where some I have also set up the dialysis centre of the ﬁ rsts in the world are being in my own county, Pazar. Today, initiated in our country. in the Turkish Republic, I think we have between 400 and 500 dialysis Excuse me, but this should also centres and over 40 transplantation be a source of pride for you too. centres. This is for all our citizens living within the frontiers of Turkey. Turkey has grown from nothing to this. Now, not only do I would like explain something. our patients do not have to travel In 1975, when I ﬁ rst started doing abroad for treatment, but people transplantations, this did not from abroad are coming to Turkey exist in Turkey and our patients for treatment. I will tell you a with chronic kidney problems story now. One patient came from had to go abroad for treatment. Germany and we took him in for These were the ones who could dialysis. The next thing I know, the afford to and they managed to patient was crying. I asked, “What’s survive. Unfortunately, our other wrong? Why are you crying?” He compatriots, who could not afford replied, “When we said we were to, lost their lives as a result of this. going from Germany to Turkey for In our country, in the whole of the treatment, they told us I would die. large Turkish Republic, there were Now I’m here and when I see the only a few dialysis centres. Patients quality of the facilities available, I with chronic kidney problems were cannot help but cry. At least I will being given appointments for six be able to spend the rest of my months later, Your Honour. holidays in comfort, in my own Furthermore, there was a debate country.” as to whether dialysis should be So, our country has gone done for those aged 50 and above. through great change. It is not for At the time, I used to ask, “If they nothing that I say that Turkey has were your parents, what would you gone from gas lamps to laser and do? What would you do in their these are the possibilities that our case? We have to do the same thing country is able to offer us. For this for these patients.” reason, I am proud of my country’s

144 condition and achievements. said you examined him on 4 May 2002. Did you prepare any reports Defence Counsel, Dilek conﬁ rming this? Helvacı: Your Honour, I would like to make a statement regarding Professor Haberal: No, no. No, Mr Özese’s question, if you would Sir. Now look; can you please tell allow me. me what your aim is in asking this?

As my client stated in his If I tell you now – these are defence statement, Mr Bülent things I’ve lived through – if I now Ecevit fi rst came to Başkent tell you, for instance that I listened University’s Ankara hospital on to Mr Bülent’s heart; his pulse 4 May 2002. Mr Haberal was was arythmic; that you could not involved in the decision to admit hear any sounds coming from his him to hospital due to the simple intestines and so I asked for certain stomach problem he had, as Mr tests. I could not do this. I could not Haberal explained. However, my tell you something like this. client was not in any way involved in Mr Ecevit’s treatment during Now, I will tell you another the time he was at the hospital personal story. I went to a meeting between 17 and 27 May 2002. This in Israel. After the meeting, I went is confi rmed in the letter and report to the airport. There they started prepared by Başkent University and asking me questions like, “Which has been submitted to the court. congress did you attend? What did you talk about? What speech did Member Judge, Hasan Hüseyin you make?” We waited for an hour. Özese: The questions I have asked In the end, I said, “Ok, now I will Mr Mehmet are anyway contained ask you. I attended the Congress of in the trial folders. They are on the International Society for Burn page 315 of the CD and page Injuries. I talked about electrical 220 of the hard copy, in the 3rd burns, the number of patients, etc. fi le, or 3rd trial’s 6th folder. This So, what do you understand from question was asked at the police this?” The offi cial looked at me and headquarters, so the question has said, “My apologies. I was wrong.” already become public knowledge, And then he left. so it is in the trial folder. Now, I should not be the person Now, a little while ago, you to be asked such a question. As I

145 told you before, this is something would need to consult. Apart from between my patient and I. I that, no force in the world can put did what was required for my such a question forward to me. And patient and then my patient was I am sorry to hear such a question discharged. Full stop. coming from this institution. It is a shame for your time and our So, as long as Mr Ecevit does time. This should have been known not give me permission to explain, because it is a law in medicine. no force other than God, will make I am Mehmet Haberal who has me speak about this. So, whatever taken the Hippocratic Oath. I am a it is you want to ask me about this doctor. How could I tell you this? famous “strong suspicion”, please This is incredible. I am asked what ask it so that I can answer. treatment I gave my patient. Is this Member Judge, Hasan Hüseyin possible, Your Honour? Really? Özese: Mr Mehmet, my questions Defence Counsel, Serdar are clear. I am asking you in order Özersin: Your Honour, with your to understand the methods of permission, I would like to add diagnosis and treatment. something on this subject.

Professor Haberal: And Presiding Judge: Please let us my answers are also clear, Your fi nish the questions fi rst. Prepare Honour. I am sorry, but you don’t what you need to say. When you are have a right to ask these questions. given the fl oor to speak… Please, No one has a right to ask these it is understood. Your client has questions. explained everything clearly.

Member Judge, Hasan Hüseyin Defence Counsel, Serdar Özese: Look, in your statement Özersin: I would like to add that all at the Police Headquarters, the the reports regarding Ecevit have questions were asked in the same already been added to the ﬁ le. way. Presiding Judge: He has Professor Haberal: No, I explained things very clearly. What apologise, but no one can ask me can there be more to add to this?! such questions about any of my Please. patients. The only way, is for the patient to give his permission and Page 143 then the concerned doctor and I

146 Member Judge, Hasan Hüseyin keep being asked over and over Özese: On 4 May 2002, when the again. late Bülent Ecevit came to you, you examined him. Were any tests I will be honest with you. carried out or a diagnosis made? Instead of turning things around and around – I keep insisting - Deputy Judge Hüsnü Çalmuk: this “strong suspicion” which Your Honour, the doctor is insisting has kept me here for 358 days, that… whatever it is, instead of going around the bush, just give it a Professor Haberal: No No, name and identify it. break. I don’t have to answer this. You should not be asking this Tell me that Mehmet Haberal question. Forgive me, but you have deserves these 358 days and no right. Whether I examined him that he will have to bear it. or not, my patient came to me; Then, I will bear it. Otherwise, I did what was required; he got I state that I will use all my better and I sent him home. How rights regarding this as it is my can you ask me such a question? constitutional right. Can I ask you whether you listened to the defendant and what kind of This is incredible. decision you took at the end? Do I Presiding Judge: Sir. Sir, please have the right to ask you? You don’t calm down. You are already not have the right to ask me either. well.

Member Judge, Hasan Hüseyin Professor Haberal: I am calm, Özese: In that question… but I cannot believe that I am being Professor Haberal: What is asked this, Your Honour. more Your Honour, all of this, all Presiding Judge: Your are not the documents have already been well and you are not calm. Look, it given to you. So, does that mean is not helping your health. that the documents have not been read, which is why all of these Professor Haberal: Your issues are being brought up over Honour. I just can’t believe this. and over again? Presiding Judge: Look all you Please don’t misunderstand me, need to do is answer in two words. but since yesterday lots of things It is only a matter of two words.

147 You don’t need to go into so much explanation was read to you and explanation. It can be resolved with you replied to it. two words. Hence, the intention of the Professor Haberal: But, this is question today was the same. what you want. Furthermore, during your questioning at the police station, Presiding Judge: Please you were asked the same question Professor Haberal: You want by the police. all this explanation, Your Honour. Professor Haberal: Your You are asking me about the Honour. medical treatment of my patient. Do you have such a right? No, you Presiding Judge: Look, this is deﬁ nitely do not. the question. The question starts with “On 4 May 2002, Bülent Presiding Judge: Sir, I am…. I Ecevit was diagnosed with an am …Can you please listen to me? intestinal infection…” You see.

Professor Haberal: You have Professor Haberal: Yes Your no right Honour. That is what I am saying. Presiding Judge: Can you Mr Bülent had returned from India. please listen? He had complaints regarding his intestines and problems with gas. Deputy Judge, Hüsnü Çalmuk: One evening he was admitted to Your Honour, they are saying that hospital. The necessary treatment we should take a short break. was given; he got better and he was discharged. Presiding Judge: Look, yesterday I read out the statement Presiding Judge: He was you gave at the police headquarters. discharged. That is it. You see, You were asked a question, which that’s all. I did not read in its entirety as I assumed that you knew the Professor Haberal: That is it. question. In fact you said that you What more can possibly follow? knew it. This information, which Presiding Judge: Finished. was obtained from open sources, Subject closed. No further details… was prepared into a question of half a page. In fact the one and half page Professor Haberal: And then I

148 am expected to explain and go into doctor at Ankara Hospital who further detail? admitted Mr Ecevit on 4 May 2002, was Professor Doctor Turgut Zileli, Defence Counsel, Dilek registration number: 149715. Helvacı: Your Honour… On the patient admission form, Deputy Judge, Hüsnü Çalmuk: with the admission date being 4 Your Honour, the doctor is saying May 2002 and patient discharge that we need to take a break. date being 5 May 2002, there The trial takes a short break. is a one page patient discharge summary, where it states that the The hearing continues patient complained of a stomach- from where it left off via video ache and gives the details of the conferencing. Defendant Mehmet treatment. Haberal’s cross-examination continues. There is a pathology report from Başkent University’s Faculty of Defence Counsel, Dilek Medicine, Pathology Department, Helvacı: Your Honour, before dated 6 May 2002, prepared by we continue with my client’s Doctor Banu Bilezikçi, registration cross-examination, I would like to number B2020.02 and signed by provide some clarity on an issue. Doctor Beyhan Demirhan. Being a doctor, my client, Mehmet Haberal, remains loyal to the There is a catheter replacement Hippocratic Oath he has taken and form, containing registration is showing discretion by stating that number 149715, dated 4 May 2002. he will not specify the details of his There is an echocardiography patient’s condition. report prepared by Başkent However, as his defence University’s Cardiology Unit, dated counsel, I would like to express 4 May 2002. Additionally, there is the following to the court, and also a gastro-duodenoscopy report especially to Mr Özese and Mr prepared by the Gastroenterology Haşıloğlu. Department and signed by Professor Doctor Sedat Boyacıoğlu, In the 8th article of the registration number 11098. disclosure agreement signed by Mr Bülent Ecevit, it states that the These documents showing admission and discharge as 4 May

149 2002 and 5 May 2002 respectively, something. A little earlier, Mr with the reports stating the patient’s Özese stated that in the search complaint as being stomach- carried out at my client’s work ache, with the patient’s discharge place, some documents had been summary, add up to a seven page discovered. These documents are document, submitted in the fi le. not present in the fi le. It may be present in the police report of the My client, carrying the title security offi cer by the name of of Rector of Başkent University’s Mutlu Ekizoğlu, but I would like Ankara Hospital, has stated that he to request the court not to direct was the doctor who admitted the questions at my client, regarding patient and then discharged him the documents, which are not contained following day. in the indictment, or its annexes. Mr Özese is asking which Thank you. tests were carried out, while the Presiding Judge: This has statement, which he himself has already been explained by the signed, contains details of these court. tests and who they were carried out by. These are all present in Defence Counsel, Dilek the fi le. For this reason, this issue Helvacı: We did not hear that this is clear. However, I want to say document was not present, Your this. Between 17 and 27 May, Honour. We may have missed it. when he was in hospital, the issue This document is not present in the is regarding the doctors whose annex. signatures are present for that period, as stated in the statement of Presiding Judge: It was already the witness Recai Birgün, who is stated that the question asked was not allowed to testify. During this in the police report. This has been time, my client was not present in explained already. the team of doctors who attended to Defence Counsel, Dilek him and there are reports certifying Helvacı: But, it also has to be this. These written reports, obtained present in the annex. I already from Başkent University’s Ankara expressed this. Hospital, are present in the fi le. Thank you. Presiding Judge: It is clear enough. It has already been stated Moreover, I would like to ask that it was in the police report.

150 Defence Counsel, Dilek out to you; the section relating to Helvacı: Ok, Your Honour. I would you was read to you. also like to add that if the originals or copies of these documents are Professor Haberal: Yes. Thank submitted to the ﬁ le, we would you. then be able to provide a more Member Judge, Hasan Hüseyin detailed response. In any case, this Özese: Between the pages 206 question should not be asked, as and 211, there are statements in the documents are not in the annex. relation to this subject and charges Thank you. made against you. My questions are Professor Haberal: Excuse me, within the framework of this topic. but could I ask a question Your Also, the question I asked earlier is Honour? Is this document in the present in your police statement, so indictment? it is already public knowledge.

Defence Counsel, Dilek Professor Haberal: Of course. Helvacı: Not in the annex. Please go ahead. I am listening.

Professor Haberal: If it is not in Member Judge, Hasan Hüseyin the indictment, excuse me as I also Özese: Furthermore, in Clause 46/2 asked this question yesterday, but is of the Criminal Procedure Law, there another indictment? there is a point about state secrets. In areas concerning state secrets, I mean a group of judges says, a witness can be asked questions “based on these documents he indirectly relating to the subject. should be released” and another In this case, you are not even a group says, “strong suspicion.” witness. You are the defendant When this is the reaction of the and you only have the right to judges of the same trial, it makes remain silent. For this reason, I will me wonder whether there isn’t continue with my questions on this another indictment. I am being subject. questioned on a document, which is not even here. Professor Haberal: Please go ahead. I’m listening. Presiding Judge: No, there is no other indictment. The indictment Member Judge, Hasan Hüseyin contains the allegations against you. Özese: On 17 May 2002 did you Yesterday, this indictment was read go the Prime Minister’s residence

151 with Professor Doctor Turgut Zileli speciﬁ c unit, do the examination at to visit the late, Bülent Ecevit? Did the patient’s premises and then we you give him a check-up? would return.

Professor Haberal: At the Member Judge, Hasan Hüseyin Prime Minister’s residence? Özese: Then on 17 2002, I believe the late Bülent Ecevit was admitted Member Judge, Hasan Hüseyin to hospital again and sought Özese: Yes treatment at Başkent Hospital Professor Haberal: No, not where you are rector, until 27 May a check-up. Yes, we did go to 2002. Is this correct? the Prime Minister’s residence, Professor Haberal: Yes, it is naturally, because of his health correct. condition at the time. As I have mentioned earlier, he entrusted Member Judge, Hasan Hüseyin himself to us and we had to follow Özese: Earlier, what I asked you his condition closely because the was regarding 4 May 2002. Now, I aim of my colleague and I, was am asking you about his treatment to send him back to the Prime between 17 and 27 May 2002. Ministry as soon as possible. I I believe you are specialised in told this many times to the late general surgery. Bülent Ecevit in the presence of Mrs Rahşan Ecevit. Therefore, we Professor Haberal: Yes, of wanted to follow him closely to course. I am a general surgeon, ensure that he was able to go back but I have specialisations in to work as soon as possible. additional branches, as well as being a transplantation surgeon. Of course, I don’t remember the At the same time, I am also a exact date, but I believe that I may burn surgeon, which is why I have gone to his residence twice was president of the International with Turgut Zileli. However, at this Society for Burn Injuries, in the precise moment, I cannot remember past. Yes, please go ahead. the reason why I went. As I have mentioned before, I went on Member Judge, Hasan Hüseyin these visits within my capacity as Özese: Was Bülent Ecevit’s ailment director, rather than doctor. I would within your specialisation? take the doctor responsible for the Professor Haberal: How

152 many times have I explained this? Member Judge, Hasan Hüseyin I have given documents as well. Özese: Do they give you any Mr Bülent Ecevit’s illness was information? Did they inform you not related to me. Am I not able to of any tests they conducted or express myself well enough? I have diagnoses they made? said this many times already. Professor Haberal: My Member Judge, Hasan Hüseyin colleagues do provide me with Özese: No, I am asking because I information. They would give me am not familiar with the scope of an update on the Prime Minister, general surgery. I am asking you as such as, “Sir, we are doing what is the specialist doctor. necessary.” Furthermore, they did do what was necessary and on 27 Professor Haberal: No, Sir. It May 2002, the Prime Minister was is not within the scope of general discharged from hospital, cured. surgery. The name “surgery” is obvious. And I congratulate and thank my colleagues once again from Member Judge, Hasan Hüseyin here. The Prime Minister of our Özese: Now. country had been treated and Professor Haberal: Therefore, discharged from hospital on his afﬂ iction had nothing to with condition that he comes for a general surgery. Apart from a check-up every fortnight. The stomach-ache and gas pain, his concerned reports, I have to repeat complaints did not relate to us. over and over and over again, were given to the Undersecretary of Member Judge, Hasan Hüseyin the Prime Ministry, Mrs Rahşan Özese: Yes, so from the day Bülent Ecevit and the Head of Security at Ecevit is admitted to your hospital, the time, to be given to our Prime he undergoes treatment and some Minister, Bülent Ecevit. I have names are put on the patient records told you this many times and the and the doctors take care of his documents have been submitted in treatment. Do they inform you of the ﬁ le. Now, we are repeating it the procedures they carry out? again.

Professor Haberal: What do Member Judge, Hasan Hüseyin you mean? Özese: Was the information given to you detailed? In other words,

153 did they tell you which tests were Member Judge, Hasan Hüseyin carried out, which diagnoses were Özese: I have already explained made and which treatments were why I am asking these questions. being followed? Or was it of a There are claims made against general nature? you in the indictment and these are questions related to it. 27 May Professor Haberal: No, my 2002. colleagues would just come and tell me they were doing the necessary Professor Haberal: Of course, treatment. That was my role. I please go ahead. don’t have the right to interrogate my colleague on areas which are Member Judge, Hasan Hüseyin outside my fi eld of specialisation. Özese: On 27 May 2002, I believe I cannot ask him what he does that Bülent Ecevit left your in specifi cs. This does not hospital, Başkent Hospital. comply with the rules of medical Professor Haberal: Yes deontology. Member Judge, Hasan Hüseyin The only thing I ask of them is Özese: Was he cured? Had his to give the necessary treatment and treatment ended? to bring our Prime Minister back to health. That is all I ask of them. Professor Haberal: The hospital part of his treatment had ended. Member Judge, Hasan Hüseyin My colleagues had discharged him Özese: Yes on condition that he come for a Professor Haberal: But I will check-up every fortnight, continue repeat this again and I have told his medication and follow their you many times before already, advice. Furthermore, as I explained this is a medical rule. However, if this yesterday, what brought these you could tell me where you are claims to people’s attention are the trying to go with this, the result you statements, the Head of Security are trying to achieve, neither you at the time, made live to NTV will get tired or lose time and nor and Habertürk TV stations on will I have to repeat my response 15 February 2002. He had stated numerous times. That way, I will that the Prime Minister had left not take more of your time; not hospital on mutual agreement, but make you lose your time. Please go that they had received information ahead. from the Prime Ministry’s offi ce,

154 which is why he did not go for his last paragraph on the second page fortnightly check-ups. reads as follows, “In this situation” - not sure what situation he is Member Judge, Hasan Hüseyin referring to - “I told him I have an Özese: In the question asked at orthopaedist friend and I told him the police station, there is the to call him for an examination. We following claim. It is claimed that brought this up with the gentleman Bülent Ecevit left Başkent Hospital and as he agreed, I secretly after having stayed there for 11 brought my doctor friend, Mücahit days, without the consent of the Pehlivan, who is very good in his doctors at Başkent Hospital and ﬁ eld, to the house.” that he resumed his treatment with the orthopaedist, Doctor Mücahit So, a doctor is brought secretly Pehlivan from Demiryolu Hospital. to the house of the Turkish Was this the case? Did doctors Republic’s Prime Minister! He from Başkent Hospital go to his continues, “There were constantly residence to continue his treatment? journalists in front of the house, following who went in and out. Professor Haberal: Of course. Since my friend, Mücahit Pehlivan, What I mean is, of course we was one of the ﬁ rst doctors to followed our Prime Minister’s carry out cartilage transplants, he treatment at his house. However, was a specialist in this area. After after a while they said they did examining him, he told him that he not want to continue coming was not suffering from anything for check-ups. Therefore, when and that his spinal collapse had we were told this, obviously we recovered.” could not insist. So, we resorted to this. Furthermore, as I explained Here, Recai Birgün has yesterday, these statements do not committed a crime. He has belong to me. Who do they belong disclosed our Prime Minister’s to? They belong to the unlawful ailment and he had no right to do witness, Recai Birgün. it. Now in parentheses I would like to add that it is not wrong if our I had read this out yesterday, but Prime Minister or his wife, Rahşan as you ask me this now, I will have Ecevit, gave him the permission to to read it out again. do it. Otherwise, he has committed In Recai Birgün’s statement, the a crime.

155 He, then, continues, “When the doctors of Başkent University I told him that the man he was Hospital on numerous occasions. examining was the Prime Minister and that this verbal diagnosis could Defence Counsel, Dilek result in problems later, at night Helvacı: After this came to light, we secretly brought a mobile x-ray he denied these claims. machine from a private hospital.” Professor Haberal: Yes. Yes, So, an x-ray machine is secretly of course. Our Prime Minister has brought to the Prime Minister of the even denied these claims. He has Turkish Republic. made statements to say that these claims were lies. He continues, “He took an x-ray and said that his illness had Member Judge, Hasan Hüseyin completely recovered and that he Özese: On 27 May 2002. would not have further problems, Professor Haberal: Yes. I also but that he had to be careful of his believe that you saw his thank you movements and to wear a thin and letter in the ﬁ le. discreet brace.”

In his televised statements, our late Prime Minister Bülent Ecevit, has openly thanked the doctors of Başkent University Hospital on numerous occasions.

All of this, when I say all of Member Judge, Hasan Hüseyin this, I mean that I believe that this Özese: Yes, it’s there. We saw it. was the same advice also given by On 27 May 2002, when you went my colleagues at Başkent Hospital. to Bülent Ecevit’s house, did he These statements, made by a or did he not want to continue witness who really is unlawful, his treatment? Could you please show that the treatment at Başkent conﬁ rm this. In other words, could Hospital was correct. Furthermore, you please reply to this. afterwards, in his televised statements, our late Prime Minister Professor Haberal: To which Bülent Ecevit, has openly thanked one?

156 Member Judge, Hasan Hüseyin reason why Bülent Ecevit did not Özese: Did he or did he not want come? you to continue his treatment? Professor Haberal: I am not Professor Haberal: I don’t have authorised to do that. We would not anything with whether he wanted to do that. continue his treatment or not. The necessary treatment was given to You really are asking me some him at Başkent University’s Ankara interesting things. I do not have Hospital. On 27 May 2002, he was the right to do that. If I told you given his reports and discharged on to investigate why a witness did condition that he comes back for not come and that you should check-ups every ﬁ fteen days. investigate it.

As I told you before, again I A patient did not come and realise that I have to highlight it, I should investigate! If a patient the statement of a witness who told me he was not coming for a is not even lawful shows us how particular reason or that he did not the treatment given at Başkent want to come, then of course, I University was correct and it has would investigate it. been brought out through this Member Judge, Hasan Hüseyin secret arrangement. And later, he Özese: What I read earlier… made a statement, which had never been made before to say that they Defence Counsel, Dilek had left Başkent University on Helvacı: I would like to add mutual agreement, but because a relevant point. In the police of directives from the Prime statement’s 12th annex we have Ministry’s ofﬁ ce, we did not return presented a report dated 27 June for check-ups. 2002, based on the examination and test results of the former Prime So, the fact that he comes Minister Bülent Ecevit on 26 June or doesn’t come, does not have 2002. This is written proof that a bearing on us. Neither I, nor after his discharge in May, he another doctor, can force a patient continued to come for his check- to come to hospital. ups in June.

Member Judge, Hasan Hüseyin Furthermore, Bülent Ecevit, Özese: Did you investigate the in his press statement released on

157 various media outlets on 12 July Özese: If you could reply like that 2002, denied all these claims. I it would… have also presented this in the ﬁ le. Professor Haberal: No, I was So, it is not true that he not aware. I did not know Sir. discontinued his treatment after leaving the hospital in May. His Member Judge, Hasan Hüseyin check-ups continued periodically Özese: Ok. Ok. I have the answer and the reports prepared have to my question. Now, in the results been presented to Mr Ahmet Şağar of the examination carried out and to Recai Birgün. This is also on 28 May 2002, it mentions the present in the statement. Thank you committee report of the same date. Your Honour. In the documents you submitted or the reports concerning Bülent Member Judge, Hasan Ecevit, there is such a sentence. Hüseyin Özese: In the statement, In other words, in the committee there is also a paragraph saying report dated 28 May 2002, there that his treatment continued are the names of Professor Doctor with the Demiryolları Hospital’s Mehmet Haberal, Professor Doctor orthopaedist, Mücahit Pehlivan. Turgut Zileli and a few other Were you aware of this? people. This one-page statement, given by hand to the late Prime Professor Haberal: Now, I Minister, Bülent Ecevit’s Head of am telling you this. I have told Security, Recai Birgün to be given you many times that I was not his to the Prime Minister, has been doctor and I was not involved in submitted. his treatment. I am learning of this now. I mean, I have to repeat my Is your name on the committee question again… report? In other words, did you sign Bülent Ecevit’s committee report? Member Judge, Hasan Hüseyin Özese: I would prefer if you could Professor Haberal: My name reply concisely as I was aware or could not be on there. No, Sir. I was not aware. I was aware then or not. Member Judge, Hasan Hüseyin Özese: You weren’t there. You just Professor Haberal: Sir. delivered it.

Member Judge, Hasan Hüseyin Professor Haberal: My name

158 could not be on these reports. their detailed responses. Everything Secondly, these reports – and is clearly stated in the fi le and I do whatever was done in relation to not have the authority to make and the Prime Minister’s discharge was disclosures, as that fi le is the secret prepared in the form of a report of our late Prime Minister, Bülent on the day of his discharge. All Ecevit. these reports were presented to his wife, Mrs Rahşan Ecevit, his Presiding Judge: Yes, Mr Head of Security at the time and the Özese. Please go ahead. unlawful witness, Recai Birgün and Professor Haberal: Without to the Undersecretary to the Prime his permission, nor the permission Ministry, Mr Ahmet Şağar. These of his wife, no one can make any are all documented. As my lawyer, disclosures regarding that fi le. Dilek Helvacı, said earlier, it was Therefore, this unlawful witness only a matter of coincidence. I have has, unfortunately, committed a to call it a coincidence, as someone crime. In brackets, if he took our shows a newspaper and since then, late Prime Minister, Bülent Ecevit’s I have been detained as per a court permission or the permission of his order. wife, Mrs Rahşan Ecevit, then I It is never a topical issue, respect it. If not, he has committed until one of the witnesses shows a crime. I want to make a point of a newspaper article and then this. suddenly, your court urgently starts Member Judge, Hasan Hüseyin requesting our Prime Minister, Özese: On page 27 of your police Bülent Ecevit’s fi les. statement, there is another question Then, we are taken to the police on the same subject. It is claimed headquarters. Had these documents that the last appointment given to been requested from us at the time, Bülent Ecevit is on 11 July 2002. Is we would have happily handed this correct? Was an appointment them over to your institution, given to Bülent Ecevit for 11 July without going through the police 2002? station. Professor Haberal: No. I Everything you are asking me don’t know. I don’t remember is contained in that fi le. All the right now. I really don’t know. I questions you have asked me have don’t remember because this is

159 something that was done years ago This is defi nitely not true. It is and because I don’t know the fi le, I true that Mr Alemdaroğlu one day cannot comment on it. said to me, “Mr Mehmet, I have such and such issues. What is it?” Member Judge, Hasan Hüseyin They were some legal issues, of Özese: I would like to go onto course, a subject I am not really other questions. familiar with. So, there was nothing Professor Haberal: Yes, please I could for him on a subject I was go ahead. not familiar with. We only had one conversation. Other than that I have Member Judge, Hasan Hüseyin not made any other contribution Özese: There is a telephone to the issue. These claims are conversation dated 8 January 2008, defi nitely not true and anyway, they between Kemal Alemdaroğlu and have nothing to do with me. I am an Erdoğan T. not interested in who followed the case. Professor Haberal: Yes, I am listening. So, excuse me, I mean no offence, but in this indictment, Member Judge, Hasan Hüseyin the whole issue is about how Özese: In this conversation there we can incriminate Mehmet is talk of a trial. There is phrase Haberal. That is it. along the lines of, “It is understood that Mehmet Haberal is following It is nothing more than that. Kemal Alemdaroğlu’s lawsuit from I am still waiting for this “strong Ankara.” Again, you were asked suspicion”. It would be much easier this question on page 28 of your if I would be asked in which of my police statement. Could you please activities have I committed this explain what the nature of this “strong suspicion”. lawsuit is? A number of issues, bearing no Professor Haberal: Yes. This is relationship to me, have been put in not correct. that indictment and unfortunately, they have been put there by the Member Judge, Hasan Hüseyin people bearing the title, “Prosecutor Özese: Is it true that you were of the Turkish Republic” and now following the lawsuit? I have to continuously answer their Professor Haberal: No, Sir. questions. Therefore, this is not

160 related to me. let me tell you this. If a country does not have Non-Governmental Member Judge, Hasan Hüseyin Organisations, it means that the Özese: Yes, on page 8 of your country has serious problems. police statement, you were asked a When you look at the world today, question regarding a conversation it is NGOs which really look for between Ahmet Hurşit Tolon and solutions to the country’s problems Sinan Aygün. and help its rulers.

You replied as follows, “Being I wish that in my country, a rector, in order to exchange ideas, NGOs could comfortably discuss various NGO representatives come and display ideas, instead of fearing to visit me. UPEK and National that their phones would be listened Platforms Coalition, which you to whether they would call or asked me about, might be one of would be called. So, even if the them. Ahmet Hurşit Tolon, with a “Turkey that Speaks” slogan would group of ten people, of which the become a reality, our society would majority were women, came to my benefi t more. offi ce at the hospital, on a date, which I don’t remember. We drank The Dialogue Group is an tea and coffee and discussed the NGO. The National Sovereignty country’s problems and future, and Movement is also an NGO. The had an exchange of ideas on how Platforms are also NGOs. we could contribute.” I don’t know if Mr Tolon is In your response, you speak of there or not. But, it is true that Mr Non-Governmental Institutions. Tolon came to me with a group Could you elaborate on this? When of ladies. We discussed ideas NGO representatives visit you, regarding the number of problems what do you talk about? Have you our country has and where it would ever offered suggestions or advice? be best to start. For instance, do we start with Istanbul’s fl oods, or the Professor Haberal: Of course. earthquakes? There are so many Of course. problems and yet we are busy with Member Judge, Hasan Hüseyin un-signed, anonymous letters. Özese: Please go ahead. So, we really did drink tea Professor Haberal: Now, and each one briefl y talked of

161 her platform. This is all that this freely to be able to discuss our meeting consisted of. If Mr Tolon country’s problems and share is there, he can also give us more ideas, contribute. With regard information on this. to healthcare, how can we contribute to people who really Member Judge, Hasan Hüseyin need it? Moreover, I reminded Özese: You say that you discussed you yesterday that the Green Card the country’s problems. Did you is a system, which is ensuring also discuss the solutions? Did you medical treatment to millions of offer these NGOs any advice? our people. In our country, millions Professor Haberal: There were of people really need medical care. many different platforms, such as All of these are civic activities, if the Çayyolu platform. they don’t exist, means there are problems. Defence Counsel, Dilek Helvacı: The Anatolian National Member Judge, Hasan Hüseyin Solidarity Platform. Özese: So, did you get the results of your advice? I mean did they Professor Haberal: This is apply your suggestions? what I’m talking about. These are the platforms I am talking Professor Haberal: Excuse me? about. If these freedoms, which What do you mean? are constitutional rights, cannot be Member Judge, Hasan Hüseyin used or followed in this way, then Özese: Were these solutions you we have serious problems, So, we speak of, were they applied? sat and discussed. I can tell you this much; we did not discuss how Professor Haberal: What do to set up a terrorist organisation. you mean? Do you mean to ask That, I can tell you for sure. We what information we gave, the did not discuss how to organise exchange of ideas and then what a revolution and anyway we happened? Now, this is the job of don’t have any arms to be able to the people really responsible for organise a coup. I can tell you for this role. All we can do is provide sure that we did not discuss this. suggestions. However, it does not work if people think they know What we did discuss, everything and so refuse to take for instance, was how to be advice from others. able to bring people together

162 Look, let me tell you this. I am Islam as a religion of terrorism, but a surgeon who goes into surgery. this is what Islam is all about. It is a When there is a problem, I ask religion which values human life”. my colleague in surgery with me, what he thinks of the problem. In Presiding Judge: Ok, the medicine, we call this consultation issue has been understood. Please and in civil society, as you can see continue. here, it is called Non Governmental Professor Haberal: I mean, for Organisations. me to be charged with this is really It is an exchange of ideas. That the biggest punishment I could ever is all. It cannot be anything more have. It is a bigger punishment that than this. We did not discuss how these 358 days I have spent here. to set up a terrorist organisation, as Thank you. is being implied here. None of you Member Judge, Hasan Hüseyin should worry about that. Many of Özese: If your answers could be our citizens are currently losing shorter, it would be better as we their lives as a result of terrorism in would save time. Now, back to your this country. police statement.

As I also mentioned yesterday, Professor Haberal: But, Your I would like to remind you what Honour, if you would also not it says in the Quran’s Maidah repeat the same questions over Surat, “We made it a law for the again in this way, then neither you children of Israel that the killing nor I would waste time. of a person for reasons other than legal retaliation or for stopping Member Judge, Hasan corruption in the land is as great a Hüseyin Özese: I am asking again sin as murdering all of mankind. because some things have not been However, to save a life would be explained in detail the ﬁ rst time as great a virtue as to save all of around. mankind.” When I brought out the law on organ transplantation, I Professor Haberal: Yes, of applied this Surat in the Quran in course. Please continue. my country and in the international Member Judge, Hasan Hüseyin sphere. Even in a lecture I gave at Özese: I am asking to obtain Harvard University, I explained the clarity. same thing. I told them, “You see

163 Professor Haberal: Yes, I have was dedicated for the platform. The understood. Please continue. National Sovereignty Movement.

Member Judge, Hasan Hüseyin Professor Haberal: No, I’m Özese: On page 23 of your police sorry. I understand now. No, there statement, there is a question. is nothing of the sort that it was Ahmet Hurşit Tolon has made the dedicated for the platform. This following remark in his statement, is a social facility for Başkent “I invited Professor Doctor Mehmet University. From time to time, Haberal to the building number 4 university groups, colleagues and at Hereke Sokak, which he gave friends, ask for my permission to me permission to use, in order to use it. It is not dedicated for any capitalise on the work he has done speciﬁ c purpose. with the platforms.” Defence Counsel, Dilek Was the building at this address Helvacı: Do you mean The allocated to him to be used for National Sovereignty Movement or activities relating to the platforms? the Anatolian National Awakening Were you given permission to use it? Platform?

Professor Haberal: No, I Professor Haberal: Yes, yes, of already explained this yesterday, course. At ﬁ rst it was the Dialogue Your Honour. This is a building Group and then the National rented by Başkent University to Sovereignty Movement. That is all. be used for social purposes. From time to time, the Dialogue Group Member Judge, Hasan Hüseyin and then at a later date, the National Özese: Ok, let me ask the question Sovereignty Movement’s meetings this way. Did Ahmet Hurşit Tolon were held there and this was carry out his platform activities at because its location was practical. this address? But that Mr Ahmet Hurşit Tolon Defence Counsel, Dilek had invited me there…did he invite Helvacı: No. me there? Or did I misunderstand? Professor Haberal: No, not Member Judge, Hasan Hüseyin platform activities. He only held the Özese: Yes, that is what he said. National Sovereignty Movement Defence Counsel, Dilek meetings and before that, the Helvacı: No, he is saying that it Dialogue Group, meetings. There

164 were no other platform style I have shown documentation that activities that I know of. I met after the coup of 1980, I stood up Mr Hurşit Tolon at the building at against anti-democratic practices the National Sovereignty Group and signed the Petition of the Movement and Dialogue Group Intellectuals, for which I testiﬁ ed meetings. Other than that, I am not at the Court of Marshall Law aware whether there were any other and was subjected to disciplinary activities. But I want to stress that action by the university where I this building was not dedicated for worked. Therefore, I would never any speciﬁ c activity. make such statements or think such thoughts. Member Judge, Hasan Hüseyin Özese: In your statements Member Judge, Hasan Hüseyin yesterday and today, you said, Özese: Ok, you are saying that you “Turkey is going towards a did not make such statements. revolution”. Could you please elaborate on this? I mean, is Turkey Professor Haberal: What I did going towards a revolution? And say and what I do say frequently what are the reasons? is that even the worst democracy cannot be compared to a coup. Defence Counsel, Dilek Even the worst democracy. Are you Helvacı: No, you did not say referring to when I said, “In which anything of the sort. direction is Turkey going?”

Professor Haberal: I most Presiding Judge: In your certainly did not say anything of statements yesterday…you have a the sort. These are not the sorts statement yesterday, along the lines of words that would come from of…Is Turkey moving towards a my mouth. Everyone knows this. different coup, not an armed coup, Our country is governed by a but a different type of revolution… democratic parliamentary system. The Commander of the Turkish Professor Haberal: No, Armed Forces stated many times Your Honour. No. This has been that Turkey has closed the chapter misunderstood, Your Honour. on its period of revolution and You are saying that is the country coups. moving towards another type of revolution? If you are looking for evidence, Presiding Judge: You have a

165 statement saying that it is going in a himself, “Very good, but then different direction, in that sense. why am I here? What is the reason? Without being told what Professor Haberal: No, Your my crime is!” Honour. When I said is the country moving in a different direction, Moreover, some court judges I meant is it moving away from take their decisions, by making do democracy! with Clauses 100/3 and 314/1 of the Criminal Procedure Law, without I am sorry, but I really have to even taking into consideration ask you. In the Turkish Republic, Clauses 34, 101, 230 and 289. Do which is a democratic state you fi nd this acceptable? Do you governed by the rule of law, do you accept that his constitutes a legal really fi nd this hearing acceptable? decision Your Honour? I really I mean he has not committed any want to stress once more that this crime. However, all sorts of crimes direction that we are taking does are being created and blamed not befi t the Turkish Republic. on me, Mehmet Haberal, who is simply working in his profession Do you approve of people and other than that, is doing nothing coming together to discuss things but trying to serve his country. and then having to leave their Here I am, with my health seriously telephones outside out of fear? Two damaged, with the primary reason people come together and they have being this organisation. I really to speak quietly into each other’s cannot thank enough the doctors at ears, in case anyone were to hear this institution. what they are saying. Do you really approve of this? I don’t think any If I am able to speak here of this is befi tting of the Turkish today, it is because I owe it to the Republic. efforts of the doctors here. Do you really fi nd this normal and Atatürk, his friends and our acceptable? brave soldiers did not create this country from nothing, at the cost If you are able to tell me, as of their lives, for this. I am sorry, the rulers of this country tell but our country’s aim has been us, that the Turkish Republic made clear; to elevate it towards is a democratic state, ruled by civilisation. law, then Mehmet Haberal asks

166 Atatürk says this and adds, The defendant Mehmet Haberal “Civilisation is such a strong fi re is brought in front of the court via that it will burn those who are video-conferencing and his cross- indifferent to it.” Therefore, as examination continues. citizens of the Turkish Republic, our duty is to bring the country to Defence Counsel, Dilek this century’s level of civilisation. Helvacı: A little earlier, during And, in my own way, I am a citizen my client’s cross-examination, he of the Turkish Republic trying to was asked by Mr Özese, whether do this, when necessary, working he knew some of these names, for it for 24 hours. All I am doing is Ufuk Mehmet Büyükçelebi, Aydın fulfi lling my civic duty. Do you approve of people coming together to discuss things and then having to leave their telephones outside out of fear? Two people come together and they have to speak quietly into each other’s ears, in case anyone were to hear what they are saying. Do you really approve of this? I don’t think any of this is befi tting of the Turkish Republic.

There is a break until 13:30. Çelebi and Adnan Kılıçarslan, to which he replied that he did not. I The hearing continues from thought that this telephone number where it left off. was my client’s direct ofﬁ ce line at In the meantime, the following Başkent University, which is why defence lawyers of some of the I said that it was possible that his defendants are seen entering secretary took the call. However, and taking their places in the I found out outside the hearing courtroom: Defence Counsels that the telephone numbers 0312 Nurperi Sancak, Gizem Duygu 2128016 and 0312 2122194 are the Öcalan, Ceylan Türkoğlu, Filiz telephone lines for the rectorate’s Esen, Zeki Aksoy and Hasan operator at Başkent University. For Gürbüz. this reason, there are many numbers

167 that would call on these lines, so it Member Judge, Hasan Hüseyin is not a question of the call having Özese: Ok. been taken from my client’s direct number. I felt it appropriate to Professor Haberal: But it is give this explanation, so that it can Erol Mütercimler’s book. That is all be taken into consideration in the I can say, as I don’t remember the questions that follow. Thank you. name of the book. I read the book months ago. Member Judge, Hasan Hüseyin Özese: Mr Mehmet, I have a Member Judge, Hasan Hüseyin few more questions. Earlier, this Özese: Anyway, we are only asking morning, before the lunch break, whatever you are able to remember. you had told us that you did not Professor Haberal: No, I know Erol Mütercimler personally, really can’t remember. The book but that you had bought one of his is a summary and description of books. Could you please give me the establishment of the Turkish the name of the book? Republic. So, although I don’t Professor Haberal: No, I did remember the name, I do know not buy the book. It was sent to that the subject of the book was the me. As for the name of the book, I creation of the Turkish Republic. apologise, but I don’t remember it. So, it is not anything more than that, as I remember the subject Member Judge, Hasan Hüseyin matter well. But, I just don’t Özese: Not at all. It’s ok. remember the name.

Professor Haberal: I am sorry, Member Judge, Hasan Hüseyin but I really can’t remember. It was Özese: But, you don’t know Erol my assistant. Mütercimler, do you?

Member Judge, Hasan Hüseyin Professor Haberal: No, I don’t Özese: Ok, it is possible not to know him personally. remember. Member Judge, Hasan Hüseyin Professor Haberal: It was my Özese: Ok, you don’t know him. assistant at my Ankara ofﬁ ce who sent me the book. I am sorry, but I Professor Haberal: Not don’t remember its name. personally. And I have not had any phone conversations with him. As

168 I said, it was my assistant who sent conversation with Hüsamettin me the book. Anyway, I get brought Özkan. many books via my lawyers, and this was one of them. However, Professor Haberal: Yes. I don’t know Mr Erol. I have not Member Judge, Hasan spoken to him over the phone or Hüseyin Özese: You say, “No, the met him. important thing is to, ﬁ rst of all, Defence Counsel, Dilek do what is necessary to save this Helvacı: Please tell them that you country from those men. Because read the book during the time you during no other period has Turkey have been under arrest. You did not suffered so much damage. Turkey read it before that. has never been in such a situation during any other time”. Hüsamettin Professor Haberal: Yes. Yes, of replies, “Professor, I will speak course. I read the book here, Your with Mustafa. You don’t need to do Honour. I did not read it anywhere anything.” And you respond, “Ok.” else. It was sent to me here and I read it here. I want toask about this conversation. What do you mean Member Judge, Hasan Hüseyin when you say that you want to, “… Özese: Ok. So, it was not before do what is necessary to save this the indictment. country from those men”?

Professor Haberal: Yes, I read Professor Haberal: First of all, it at the hospital. let me say that this is a telephone conversation, which did not have Member Judge, Hasan Hüseyin a court order to be recorded or Özese: Ok, understood. On 30 listened to. Hüsamettin Özkan was November 2008, you had a phone the Deputy to the former Prime conversation with the individual by Minister. the name of Hüsamettin Ö. Secondly, the rulers of the You have said the following in country today, as I told you your statement on this subject… yesterday, would come to meet with Defence Counsel, Dilek me and later used Patalya Hotel to Helvacı: There is no court order form their political party, which is permitting the taping of the the ruling party today. They had told me that they would, “come to

169 power, work very hard and unite Member Judge, Hasan our people”. Hüseyin Özese: I want to ask you about these words. How do you Of course, they are doing interpret the words, “…do what is all they can. I respect everyone. necessary…” However, sometimes, very disturbing things do happen. So, Professor Haberal: I don’t this is a very normal conversation. understand. What do you mean? It was not meant as, we really need to do something, remove them from Member Judge, Hasan Hüseyin power, etc. I want to highlight this. Özese: You say that you need to do The people ruling the country today what is necessary. are people that I know very well. Professor Haberal: I meant this In fact, you may have listened as a political party. to Mr Bülent Arınç’s speech on Member Judge, Hasan Hüseyin TV. So, these are people that I Özese: So, what is required here? know very well. However, some What sort of a system did you of their actions have disturbed me. envisage? Therefore, my conversation with Hüsamettin Özkan is nothing more Professor Haberal: No, no. than that. There was no ulterior Our system is established. I always motive behind it. say that the Turkish Republic is governed based on a democratic, Member Judge, Hasan Hüseyin parliamentary system and the rule Özese: It is a normal conversation of law. It cannot be anything else. between two friends. In our activities with our friends, Defence Counsel, Dilek be it with the Dialogue Group or Helvacı: It is a conversation within be it with the National Sovereignty the boundaries of freedom of Movement, we only discussed expression. the possibility of another political party. This is what I meant. Professor Haberal: Your Honour, this is a normal Apart from that, Your Honour, conversation between two friends. I would never have had any hidden I did not think that it would have intents. My only thoughts are on come up. I still think it did not need how I can contribute further to my to. country. That is all. There is nothing

170 beyond that. I mean I would not from Rize from the Right Path have any ulterior motives. My only Party and introduced the Green thoughts are to further develop and Card. We lost the elections and I glorify my country. said, “I have done my duty and the people have made their choice. So, Member Judge, Hasan Hüseyin this must mean that I will have a Özese: How long have you known right to speak.” That was the end Hüsamettin Özkan? of that. Other than that, I have not Professor Haberal: Ever since had any other involvement as I Hüsamettin Özkan was Member am a man of science and I try to of Parliament…which is 1992 contribute as much as I can to my or 1994, basically since he ﬁ rst country through my role as a man became a member of parliament. of science. By the time he became Deputy Member Judge, Hasan Prime Minister, we were already Hüseyin Özese: When you good friends. We only talk about founded Channel B TV station, the country’s problems and we what aim were you driving at? don’t talk about or think anything beyond that. Professor Haberal: Now, Başkent University has set up a Member Judge, Hasan Hüseyin number of faculties, of which one Özese: In July 2002, there were of them is the Communications some developments in his political Faculty. The TV channel was set life in Turkey. Were you aware of up in the aim of communicating these developments before? health-related information, Professor Haberal: No, I education-related information and have never been someone directly as much as possible to provide involved in political affairs, nor information directly to our indirectly involved, for that matter. people, without interpretation or Except for one time, which I paraphrasing. explained yesterday. In 1991, upon So, its basis is to provide th the request of our 9 President Mr education and health education. Süleyman Demirel, when he told It does not have any other aim me that if I did not accept I would and I want to say this again, that not have the right to speak about whatever I have set up in this it in future, I entered the elections country, I have done for the beneﬁ t

171 of this country. Channel B is this in a favourable or unfavourable country’s TV station. Anyone can manner? come on it and speak and express his opinion. This forms a part of the Professor Haberal: No. I said televised communication system. this yesterday and I do not mean This is what my colleagues are any offence, but I am here for doing. There is no other aim to it. things I have no connection to.

Today, all the broadcasts made by Channel B, are being overseen by the Supreme Board for Radio and Television. Since the TV station actively started working, the board has never given a suspension order and Channel B has never received any legal warnings.

Member Judge, Hasan Hüseyin I am the chairman of the TV Özese: In the broadcasts of the TV channel, so obviously I need to station, Channel B, do you offer positive or negative suggestions? In be able to spot any wrongdoings. other words, do you try to guide the This is why the manager of the public? TV station has to keep me updated on how things are going and the Professor Haberal: Me? activities of the business. Moreover, Member Judge, Hasan Hüseyin everything we do there is with the Özese: Yes aim of being able to contribute to our society. Other than that, there is Professor Haberal: No no question of any steering on my Defence Counsel, Dilek part. Helvacı: Do you try to steer the Member Judge, Hasan Hüseyin public? Özese: Your Honour, this is all Member Judge, Hasan Hüseyin from me for the time being. My Özese: I mean do you contribute colleague will continue from here. to the politics of the broadcasts, Mr Sedat, please go ahead.

172 Defence Counsel, Dilek Member Judge, Sedat Sami Helvacı: In any case, the Haşıloğlu: And Erol Manisa? broadcasts are being supervised by the Supreme Board for Radio and Defence Counsel, Dilek Television. Helvacı: Erol Manisalı

Defence Counsel, Serdar Professor Haberal: Erol Özersin: Your Honour, I would Manisalı. Yes, I know Mr Erol as like to add a point. Today, all the he has taken part in programmes broadcasts, made by Channel B, prepared by my colleagues at are being overseen by the Supreme the TV station. Also, I met Mr Board for Radio and Television. Erol personally here, when I was Since the TV station actively started detained. Other than that, I don’t working, the board has never given have any other connection to him or a suspension order and Channel any communication with him. B has never received any legal Member Judge, Sedat Sami warnings. It is possible to obtain Haşıloğlu: Was Mr Erol, Erol these records for your inspection. Manisa, ever the president of the Thank you Strategic Research Centre you Presiding Judge: Mr Sedat, you recreated at the university? may start. Professor Haberal: Yes. I mean Member Judge, Sedat Sami no. No. The university’s Strategic Haşıloğlu: Mr Mehmet, I will have Research Department was set up by questions. the university. This means that no one outside the university can be Professor Haberal: Please go its president. I set up the unit and ahead. only the university staff can serve as president. For this reason, it is Member Judge, Sedat Sami not possible for Mr Erol to take on Haşıloğlu: One of the witnesses on that role. our ﬁ le, İlker Güven; Do you know him? Member Judge, Sedat Sami Haşıloğlu: So, can we conclude Professor Haberal: No, I don’t from this that Erol Manisa has not know him Your Honour. I don’t had any role within the university? know him. Professor Haberal: No Sir. He

173 has no connection whatsoever. ‘It was general Halit who me us write it’ Obviously he made himself Member Judge, Sedat Sami pass as a general.” Ahmet confi rms Haşıloğlu: Again, another witness, this. Then Taner goes on to say, “I Mahir Akkar. went to Channel B. When Channel Professor Haberal: I don’t B heard Halit Bozkurt’s name they know him. held back a little…” He continues to speak using a lot of swear Member Judge, Sedat Sami words. Then Ahmet responds, Haşıloğlu: The witness, Taner “Very good. They’ve done the right Ünal, from the fi rst indictment. thing.” Taner Ünal then expands on General Halit to reveal that his Professor Haberal: I don’t name his Halit Bozkurt. know him. Do you know anyone by the Member Judge, Sedat Sami name of Halit Bozkurt, in Ankara? Haşıloğlu: He is mentioned as being the president of the Patriotic Professor Haberal: No, Sir. I Union of Forces. don’t know him and I am hearing about this for the fi rst time now. I Professor Haberal: I don’t don’t know anything about this. know him and I am hearing of him for the fi rst time now. Member Judge, Sedat Sami Haşıloğlu: Does Taner Ünal in any Member Judge, Sedat Sami way… Ms Helvacı, please do not Haşıloğlu: This person has a interfere from there…I am asking a telephone conversation with question here. someone by the name of Ahmet. The part of the conversation Defence Counsel, Dilek relating to our case involves some Helvacı: I am aware that you are individuals and also Channel B. asking a question.

Professor Haberal: Yes Sir. Member Judge, Sedat Sami Haşıloğlu: Then please don’t Member Judge, Sedat Sami interrupt while I am asking the Haşıloğlu: Taner starts like this, question. swearing, “I called up Akşam newspaper and said, ‘Did Halit Defence Counsel, Dilek make you write this?’ The guy said, Helvacı: I just want to know which

174 indictment you are referring to. connection with him. I am not someone he has a close relationship Defence Counsel, Dilek with. Helvacı: Because it is not in this indictment. Member Judge, Sedat Sami Haşıloğlu: You said that your fi rst Professor Haberal: One minute, meeting was through a programme we’ll do this after the question. Yes, on Channel B, right? please go ahead. Professor Haberal: Yes, that Member Judge, Sedat Sami is what I remember. From what I Haşıloğlu: I am referring to the remember, that is how it happened. witness, Doğu Perinçek, from the If there is anything different, and fi rst indictment. Could you please if Mr Doğu is there, please let him provide details on your connection explain himself. to this individual. Defence Counsel, Dilek Professor Haberal: Of course. Helvacı: He is not a witness in this I fi rst knew of Mr Doğu from the case. He was a witness in the fi rst press. Then, from what I understand indictment. he came on a show in Channel B and that is where I met him Professor Haberal: Ah, yes. I personally. After that, if I remember understand. correctly, he once attended a Member Judge, Sedat Sami National Sovereignty Movement Haşıloğlu: Another witness in meeting. Apart from that, I don’t this case, Ahmet Hurşit Tolon, is know Mr Doğu personally, stating that he is using the building although I do respect him as a in Hereke Street, which you say is citizen of the Turkish republic. This reserved for social activities, with is the extent of my relationship with your permission, for his platform him. If Mr Doğu is there with you, activities. please allow him to also confi rm this. This is the only contact I have Professor Haberal: Yes, Sir. had with him. Member Judge, Sedat Sami Mr Doğu is a valuable member Haşıloğlu: He talks of your of our country and does not hesitate meeting with Doğu Perinçek. I will to voice his opinions. Other than tell you his statement. that, I do not have any other

175 Professor Haberal: Yes, please Are you aware of such a go ahead. meeting and were you present there? What do you know on this Member Judge, Sedat Sami subject? Haşıloğlu: He says that he was invited by Professor Doctor Professor Haberal: No, I was Mehmet Haberal to make use of not present in such a meeting. I am not even aware of it. I have no the building on 4 Hereke Street knowledge of it and I have to admit in Ankara for his work on the this is the fi rst I am hearing about platforms and that Doğu Perinçek it. Therefore, I am not able to give had also come accompanied by two you any more information on it. people. He says that it was close Anyway, I always… to election time and that Doğu Perinçek was a renowned person. Member Judge, Sedat Sami Haşıloğlu: I understood from your He explains that they did some answer that this was not a meeting evaluations and it was decided that you were aware of, right? they would like to present him as a candidate from Istanbul’s fi rst Professor Haberal: Yes, that’s district and that they wanted to right. I was not aware of it. It had top the charts in the fi rst or second nothing to do with me. district of Istanbul. In response, Member Judge, Sedat Sami Ahmet Hurşit Tolon says that he Haşıloğlu: Yes. Ahmet Hurşit replied in that he did not want to Tolon continues his statement. get involved in politics and that he did not have any wish to carry a Professor Haberal: Yes. political ID and that he did not wan to take part in any political party. Member Judge, Sedat Sami He apologised for this. Upon their Haşıloğlu: He continues to say that some time after the elections he is continued insistence, he states that invited to a meeting of the Dialogue he said his decision was fi nal. Then Group, which is its former name, he goes on to say that they wanted presided by Kamuran İnan. He says him to become the leader of the that he goes to Patalya Hotel in Workers’ Party and that they said Gölbaşı for the meeting; that there they could even change the name of is a large group of people among the party. He states that this is how whom, is also Doğu Perinçek; that the meeting ended.

176 there are some journalists also and Mr Hulki Cevizoğlu were present, one of whom is Güler also amongst the journalists who Kömürcü. He then says that in his attended the meeting. Furthermore, speech, Doğu Perinçek explains the the following day, this was written immediate need to form a political in detail in the press. If I remember party and that the party’s name correctly, I also saw that Mr Doğu should be National Power Party. He had attended that meeting that also states that meetings consisting one time and Mr Tolon is anyway of 40 people followed during the a person who used to attend same period and that both, Ahmet such meetings of the National Hurşit Tolon and Doğu Perinçek Sovereignty Movement. attended these meetings. Defence Counsel, Dilek Professor Haberal: Yes. Helvacı: At the same time, a press release followed afterwards. Member Judge, Sedat Sami Haşıloğlu: One of the meetings Professor Haberal: Of course, held at Patalya Hotel we after the meeting, the National understoodd to have been on 14 Sovereignty Movement made the January 2008 and this we worked necessary statements to the press. out from the combined statements. Member Judge, Sedat Sami Professor Haberal: Yes, that is Haşıloğlu: Doğu Perinçek refers correct. to this as the National Power Movement. But in one place, Member Judge, Sedat Sami he does call it the National Haşıloğlu: Were you also present at Sovereignty Movement. this meeting? Defence Counsel, Dilek Professor Haberal: Of course. Helvacı: This was not understood. I remember this as being the ﬁ rst meeting held at Patalya Hotel and Professor Haberal: Let me the names you have given are also put it this way. The National correct. And this shows that the Sovereignty was going to be National Sovereignty Movement’s formed, so there was no talk of meetings were open to the press. a party then. It was going to be Anyone can attend these meetings, created and there was discussion on any journalists, not just Ms Güler how to rename it something other Kömürcü. Mr Sabahattin Önkibar than the Dialogue Group. In the

177 end, it was decided to name it the Ahmet Hurşit Tolon’s statement National Sovereignty Movement that he states repeatedly. He talks and from that date onwards, this about various meetings that take organisation, this group’s name place afterwards with the presence was communicated to the press of 40 people each time, regarding as being the National Sovereignty this movement. Did you attend Movement. Press statements were these meetings? made and from then onwards, all activities were carried out under Professor Haberal: Yes, of the new name. course I did, but I was not able to attend all of them. As one of the Defence Counsel, Dilek witnesses also said yesterday, I am Helvacı: Was it Doğu Perinçek’s a surgeon, so sometimes I am in proposal? surgery or there is an emergency that I need to attend to, so it is Professor Haberal: No, it impossible for me to attend all the wasn’t. meetings.

Professor Haberal: Look, But this is a working group, it was like this, Your Honour. working for the country. We say Different names could have been this all the time. It is a discussion discussed in this meeting and they group to see how we can make were discussed, but ultimately, it ourselves more useful. When I had was decided for it continue under available time I would attend the the name of National Sovereignty meetings. When I couldn’t, my Movement. After that, with the friends and I would meet later and signature of Kamuran İnan, it they would give me a summary of was communicated to the public. the discussions, which took place. Moreover, as I said, I believe that Sabahattin Önkibar wrote about This is not a strict hierarchical this in the Yeniçağ Newspaper. organisation adhering to speciﬁ c Furthermore, Mr Cevizoğlu and rules. They are simply meetings Ms Kömürcü were involved in the organised like a social activity. subject. So, it was not closed to the press. It was an open meeting. Member Judge, Sedat Sami Haşıloğlu: A little earlier you Member Judge, Sedat Sami mentioned that some journalists Haşıloğlu: There is a point in had also attended the meeting.

178 Sabahattin Önkibar is one of them Naci Ünver, Ender Arıkan, Ahmet and he wrote about it in his column. Mumcu, Mete Akyol and many He uses these expressions to more names.” describe it, “After Ufuk Söylemez, he called Kamuran İnan. Their Is this correct? joint message was this: ‘We really Professor Haberal: Yes; yes. I want you to attend this meeting mean right now I cannot tell you at Patalya Hotel.’ Accepting the for sure that each one attended, but invitation, we went to Patalya Hotel overall the names you have read out in Gölbaşı.” are correct.

Over a hundred invitees Member Judge, Sedat were welcomed into the meeting Sami Haşıloğlu: Sabahattin room by the big supporter of the Önkibar states that the political organisation, the rector of Başkent atmosphere was being discussed University, Professor Doctor and commented on. However, that Mehmet Haberal. First, there unlike what some hoped would was a mini cocktail and then the happen, there was not even a hint meeting. Before going into the of an implication of a coup, let content of the meetings, I will list alone an encouragement of it. The a cross-section of the attendees: profi le of the attendees refl ected Gülsüm Toker, Bilge Han, Gülsüm individuals with a sincere concern Toker Bilgehan, Mümtaz Soysal, for the Republic, rather than a Doğu Perinçek, Yaşar Okuyan, bunch of overly excited people. Hurşit Tolon, Yusuf Hallaçoğlu, Anxiety was prevalent among Tuncer Kılınç, Anıl Çeçen, the attendees. Many of the guests Armağan Kuloğlu, Hasan Ünal, perceived the meeting to be like Nejdet Pamir, Hulki Cevizoğlu, the pre-independence Sivas and Mustafa Balbay, Güler Kömürcü, Erzurum Congresses and identifi ed Rıza Zelyut, Çetin Yetkin, Vural themselves with the delegates who Savaş, Şükrü Sina Gürel, Gökhan had attended these congresses. Çapoğlu, Ali Ilıksoy, Sina Akşin, Sadi Somuncuoğlu, Ayfer Yılmaz, Professor Haberal: First of Hasan Korkmazcan, Talat Şalk, all, I would like to say that I am Bilal Şimşir, Alparslan Işıklı, proud of the Sivas and Erzurum Yaşar Hacısalihoğlu, Zerrin Başer, Congresses. I also believe that all Abdulkadir Çevik, Fethi Bolayır, the citizens of the Turkish Republic

179 are also proud of them because the Professor Haberal: Yes, that is existence of our country today, we his interpretation. owe to the solid foundations laid at those meetings. Member Judge, Sedat Sami Haşıloğlu: As I said earlier, Doğu Secondly, from what I Perinçek tends to refer to this remember from the meeting, I movement as National Power don’t remember people going into Movement. However, in one phone these congresses with a mission conversation, he does call it the to do something specifi c. Mr National Sovereignty Movement. Hurşit Tolon is with you and Mr Sabahattin Önkibar made his own Professor Haberal: Yes, now… interpretation of the meeting. I am Member Judge, Sedat Sami happy to see the way in which he Haşıloğlu: This list of attendees, has interpreted it because those that Sabahattin Önkibar states, is congresses that we are proud of referred to as being the National make up the pillars of this country. Front meeting attendees in the We are really proud of them. So, various folders of the third case, there is nothing to judge here, Your concerning the National Power Honour. Movement. This same list of guests What is important here is are also down as being in the that we were not there to plan National Power Movement meeting a movement of any sort. What held at Patalya Hotel in Ankara is important, is that we were on 14 January 2008. The National there to see if we could create a Power Movement is written with new political formation, a party, the acronym MPR. In another in order to be able to make a place, in Folder 9, page 54, there contribution to our country. The is another list of people referred to rest is purely the interpretation of as “The Ones Called to the Front”. Mr Sabahattin Önkibar. This list also contains some of the same names. Member Judge, Sedat Sami Haşıloğlu: Anyway, Mr Önkibar Now, my question is this. After is saying that there was not even this information was provided to st a hint of an implication of a coup. you, in the fi rst indictment’s 321 That is how he has interpreted it. folder, in the fi le related to Doğu Perinçek, there is a document

180 titled, “Where Can a Siege be our meetings, not just Patalya, Penetrated?” In this document, the but the meetings of the Dialogue national forces are listed as the Group or the National Sovereignty National Grass-Roots Movement, Movement, did we ever bring up National Union of Forces, National the subject of the army. Media, the Turkish Army, etc. Member Judge, Sedat Sami In this document, there is an Haşıloğlu: In your defence, you expression as follows, “The duty of stated that you were “against anti- the army is to unite with its people democratic practices, which is in order to defend the historical why I signed the Petition of the legacy left by the Kemalist Intellectuals and was subjected to Reforms; to safeguard the country an inquest.” entrusted to it by the Constitution; to protect the Turkish Republic Professor Haberal: Yes from internal and external threats Member Judge, Sedat and defend its national sovereignty. Sami Haşıloğlu: This is why I It is also to achieve more today specifi cally asked you this question. because Turkey does not have real In other words, in these meetings, independence or a real republic were there any subjects discussed today. One of our duties is to make that would disagree with the Turkey earn its full independence principles of a modern democratic and rebuild the republic. The army society and where an un-democratic will carry out these duties by meaning could be derived? uniting with its people.” Professor Haberal: No, I just It is talking about forming a want to clarify something. After national government. Did your the coup of 1980, for which the meeting in Patalya speak about inquiry is still continuing today, subjects, such as the army, the there were such developments people’s opinion of the army or the and we probably acted with too army uniting with its people? much audacity. At the time, we Professor Haberal: Defi nitely noticed anti-democratic practices, not! Such a topic most defi nitely which is why we initiated such an did not come up. These might organisation, for which we paid the be Mr Doğu’s ideas, but they are price in the end. just attributed to him. At none of However, here, there was no

181 talk of there being anti-democratic this, yesterday. I had my Tofaş 124 practices, which need to be car during the time I was simply corrected. Of course, we all know an assistant. So, I want to make a that our country has its problems, correction. Please forgive me as I internal, national problems. Our was not thinking straight when I aim is to see how we can contribute replied to the question yesterday. on our part. It has not been During that time, I had just come anything more than that. back from the United States and had bought myself an Audi. So, at Member Judge, Sedat the time period you are referring Sami Haşıloğlu: Yesterday, the to, I did not have a Tofaş. For this prosecution asked you about some reason, my car had not been used, of Yalçın Küçük’s notes. However, and I did not have any connection, there were a couple of points which to any such activity. were left out and which I would like you to elaborate on. Defence Counsel, Dilek Helvacı: Your Honour, could I add Professor Haberal: Of course; one point? please go ahead. Presiding Judge: Please make Member Judge, Sedat Sami a note of it and I will give you the Haşıloğlu: Yalçın Küçük talks ﬂ oor later, so you can mention about a man who was your teacher everything then. and whose house, is said to have been used for the purposes of an Defence Counsel, Dilek organisation. Then, further on in Helvacı: Ok, Your Honour. the text, he says that you used your Tofaş brand station wagon to run Member Judge, Sedat Sami errands for this organisation. Could Haşıloğlu: I was just asking you you please expand on this or give for your explanation regarding the me an explanation on what they organisation in question and the mean? What does he mean by an house being used for the activities “illegal organisation” and “errands of this organisation. for the illegal organisation”? Professor Haberal: Your Professor Haberal: Now, Honour, I have already explained please forgive me, but accidentally this yesterday. I really ﬁ nd this sad I made an incorrect statement on and perplexing.

182 With regard to this Petition of were put to you as a question. the Intellectuals, as I explained These are present in the fi le and yesterday, my teacher, the late in the questions and you are also Doctor Hüsnü Göksel, had been aware of them. taken from Bandırma to Istanbul by his mother, having to use a Professor Haberal: Yes. passport, during the time our Member Judge, Sedat Sami country was under occupation. Haşıloğlu: What legal acts were When Doctor Göksel used to you involved in with Ergün Poyraz, describe those times, tears would because these allegations are very roll down his eyes. Everything serious. So, what involvement did Doctor Göksel did, he did publicly you have with him? and openly and I have told you yesterday as well, I fi nd it very Professor Haberal: Yes, let upsetting for someone with the me explain this to you. I don’t title of Professor to make such know Ergün Poyraz and he doesn’t accusations against Doctor know me. Whatever he has done Göksel. I really fi nd it diffi cult to is a result of his interpretation. If understand. I remember correctly, my lawyers can confi rm this; we fi led a This is how I found out that complaint against him through the meetings were being held at Doctor notary public. Yes, we sent him Göksel’s house. I repeat again that an offi cial denial, which is present while I was working with him in in the fi le. Other than that I don’t the same department at Hacettepe, actually know Ergün Poyraz. one day he said to me that they had prepared some things, but Member Judge, Sedat Sami despite the fact that he did not want Haşıloğlu: Did you fi le a claim for me to get involved and bear the damages or a criminal complaint consequences, I told him I would. against him? I will quickly read out Other than that, I am not aware of some of the allegations against to anything else. you. He says that during Ecevit’s illness, he had been given incorrect Member Judge, Sedat Sami treatment and that you caused a loss Haşıloğlu: The accusations and to the treasury as result of a loan allegations that Ergün Poyraz, you had taken, etc. one of the witnesses in the fi rst indictment, had made against you Did you fi le a claim for

183 damages or a criminal complaint against him. against him in relation to these specifi cs? Professor Haberal: Let me put it this way. In relation to this issue, Professor Haberal: Now, I I clearly remember that I requested am not sure whether these were my lawyers to do the necessary, specifi cally in the complaint we from a legal perspective. My lawyer fi led against him. I will let my dealing with this has just said that a lawyer, Belgin Özersin, comment lawsuit was fi led against him. on this as she had been involved in that case, but if you like, she can do Defence Counsel, Belgin it a little later. For me, it is very sad Özersin: Let me give you a brief to see that someone who does not summary of the situation. know me, who has not discussed Presiding Judge: Please any of this with me, has brought note them and when the fl oor is up such allegations in this way and given to you, you can make your even turned them into a book. clarifi cations.

Member Judge, Sedat Sami Professor Haberal: Please make Haşıloğlu: I am asking this a note of it, so that you can explain question because it appears that you it later. Let us continue. have ﬁ led various lawsuits against the people, who have directed at Presiding Judge: It will be you, some of the claims made by easier this way. Ergün Poyraz. You say that some of these cases have already concluded, Member Judge, Sedat Sami while some are ongoing. Haşıloğlu: There is a telephone conversation between İlhan Selçuk Professor Haberal: Correct. and Alev Coşkun about Mustafa Balbay. Member Judge, Sedat Sami Haşıloğlu: Ergün Poyraz has raised During this conversation, the same issues as well as some Alev Coşkun talks about Mustafa others. As a result of this, has there Balbay’s function as a co-ordinator; been a lawsuit or any other legal that he has spoken with you, but dispute between you? because he is not on good terms with you, he says that he can take Defence Counsel, Belgin over this role of co-ordinator. Has Özersin: Yes, a lawsuit was ﬁ led

184 Mustafa Ali Balbay had any role as reading, “Army to Duty”, being a co-ordinator in an activity related opened? to you or within a group that you are also involved in? Professor Haberal: Now, I already explained yesterday that I Professor Haberal: No. stayed very brieﬂ y at this meeting Deﬁ nitely not. I have just found and I am not aware of, nor seen, out about this. I am not aware of such a banner. Personally, I am not anything of the sort. I have never aware of any of this and only found been aware of something like this. out about it from the media.

Member Judge, Sedat Sami Member Judge, Sedat Sami Haşıloğlu: Do you know Alev Haşıloğlu: In relation to this Coşkun? banner, after you found out about it in the media, did you Professor Haberal: I have met or your university make any Mr Alev once when he was on kind of statement denouncing or a programme aired by Channel disapproving of it? B. Apart from that, since he has been a member of parliament for a Professor Haberal: No. What long time, I know of him. He also I understood from the newspapers writes from time to time in the and the media, is that the opening newspapers, so I also know him of this banner, was a private from there. However, personally demonstration aimed to provoke speaking, we only met once brieﬂ y the people attending the walk to when he was a guest on a TV Anıtkabir. This is what I accepted programme. That is all. I don’t it to be. know him further than that. Later legal action was taken Member Judge, Sedat Sami against these people. I just took it as Haşıloğlu: On 25 October 2003, a fact that there was something like you state that you attended a rally this, which was being protested. I and in this rally because some did not really pay much attention to students and academic teaching it, as I don’t think it was important. staff opened banners, reading, “Army to Duty”, an inquest had Defence Counsel, Dilek followed. Did you personally Helvacı: I did not understand. witness seeing these banners Professor Haberal: Moreover,

185 this walk to Anıtkabir was this, it means that we are not doing organised by the president of the our jobs. Higher Council for Education. They should have had primary Today, stem-cell research, in responsibility for it. In any case, it some areas is really very promising. was only a pirate demonstration. If we have the possibility, we would like to work on it, at least Member Judge, Sedat Sami to understand it. However, at Haşıloğlu: Within your university, present, we do not do any work in has any work been conducted on this ﬁ eld. Of course, I don’t know stem cells? Was a stem cell centre what tomorrow will bring, but at created? the moment, in medicine, stem cell research is seen as introducing a Professor Haberal: Stem Cells? whole new system of treatment. Of Member Judge, Sedat Sami course, we cannot know what will Haşıloğlu: Yes. happen tomorrow.

Professor Haberal: No, we have Member Judge, Sedat Sami not done any work on stem cells. Haşıloğlu: The reason this question As you know stem cell research was asked is because there is a has been a very important subject phone conversation about you. in recent times. It is used in the This conversation took place medical fi eld. However, currently, on 20 May 2008 between Mevlüt we do not conduct any work on this Aydın and Ercüment Ovalı, where in any of our facilities. Ercüment Ovalı says, “Thanks to Member Judge, Sedat Sami me you got the tender. Had we Haşıloğlu: So, do you do any work used your pricing we would have on this in your university, even as a failed.” Mevlüt replies, “Why? My project for the future? Do you have pricing was 50 lira higher for the plans to do any research in this metre.” Then, Ercüment Ovalı says, fi eld, to bring together specialist “Mehmet Haberal said once that academicians, etc? they would give this fl oor to them, but we have to discuss the other one Professor Haberal: Now, the and then we can do it. Let it be. On Turkish Republic is obligated to 30 May, they want to give it to the search for the medicine’s most up- Government Planning Organisation. to-date methods. If we don’t do The Government Planning

186 Organisation may not have any Başkent University. Every year, at projects. It may not be accepted. the graduation ceremony, I make Mehmet Haberal said that it isn’t a speech. In my speech I say that I important and that we should get will now be answerable to you, but what we can from the Government I will be answerable for the hard Planning Organisation and that they work of my colleagues at Başkent would do the rest.” University. I will not be answerable for funds from the government In this conversation, Ercüment budget, nor from the state banks, as Ovalı is talking about you to we do not receive their funds. Mevlüt Aydın, a man who is interested in stem cell research and For this reason, I am not aware has related commercial initiatives. of such a project. These are things This is why I asked you the that have been done or written question. outside my knowledge, so I do not accept them. Professor Haberal: Of course. First of all, I don’t know Deputy Judge, Hüsnü Çalmuk: this person. I don’t know who Your Honour, is there any way we he is. Secondly, my ﬁ nancial can take a break? The doctor is dealing with the government is asking. regarding Başkent University. Başkent University’s connection Presiding Judge: There is a to the government, or rather the related question. Once we ﬁ nish it, government budget, is that there we can take a break. is a fund to assist universities Professor Haberal: Sure; sure. funded by trusts and the body that determines this is the Ministry of Member Judge, Sedat Sami Finance. They have certain criteria Haşıloğlu: Do you know someone and for the past few years, we have by the name of Abdülkadir Sezgin? not received any funding. This is the source of my concern with the Professor Haberal: No, I don’t. government budget. There is a short break. The The other thing is that all of hearing continues from where it left Başkent University’s subsidiaries off. are the result of the hard work put The court connects to the in by my colleagues working at defendant Mehmet Haberal via

187 video-conferencing. His cross- is being considered. What is Hurşit examination continues. Tolon’s connection to this party whose creation will be declared Professor Haberal: I am or is declared? Do you have any listening, Sir. information on this?

Member Judge, Sedat Sami Professor Haberal: As I have Haşıloğlu: The phone conversation already mentioned there were you had with Ahmet Hurşit Tolon, discussions as to whether the on 11 June 2006, at 13:49, where Dialogue Group or the National he gives you his deepest respects Sovereignty Movement could be and tells you that this can only be made into a political formation. done with you and as for the other It was in the view of wanting to matter, the Hereke matter can only contribute further to our country, be possible wherever you are and that this organisation started and the that there is no other way, has been National Sovereignty Movement read out to you a few times, so you had announced it to the community are familiar with it. through a declaration. They had Professor Haberal: Yes announced that the National Sovereignty Movement was Member Judge, Sedat Sami continuing its efforts to eventually Haşıloğlu: I will continue. become a political party. I believe this is what Mr Hurşit Tolon meant. Professor Haberal: I explained I don’t think it was anything this yesterday. beyond that.

Member Judge, Sedat Sami Member Judge, Sedat Sami Haşıloğlu: I haven’t asked you the Haşıloğlu: Was Hurşit Tolon’s question yet. potential role within this party Professor Haberal: Oh, I’m discussed? sorry. I’m listening. Professor Haberal: No. Let Member Judge, Sedat Sami me explain it like this. Mr Tolon is Haşıloğlu: Ahmet Hurşit Tolon someone who attends the Dialogue asks, “Did the man that you put Group or the National Sovereignty at the steering wheel become Movement. In any case, there is no important?” Here the conversation political party in existence yet, so it is about a party whose declaration was all in the phase of discussion,

188 in terms of what his relationship he is. Who is Mesut Özcan? Is my with the party would be and so on. answer ok, Your Honour?

So, these discussions are purely Member Judge, Sedat Sami an exchange of ideas. Since there is Haşıloğlu: Ok, there might be no party yet, there were no concrete a time lag as I am moving onto discussions on the roles of people. another question.

Member Judge, Sedat Sami Professor Haberal: Oh, yes, of Haşıloğlu: You have a conversation course. I am waiting. with Tuncay Özkan, which was put to you as a question. In his Member Judge, Sedat Sami conversation with Tuncay Özkan, Haşıloğlu: Ok, this digital Mesut Özcan asks him, “Is it our instrument with the labelled 893 brother Haberal or the other one?” by the police, which, it is claimed, Tuncay Özkan replies, “Yes; yes, was discovered in your premises, Haberal.” contains an Ergenekon briefi ng fi le. Who prepared this fi le? Is this our brother Haberal? In respect to this conversation, you Defence Counsel, Dilek have already said that you had met Helvacı: It was probably retrieved Tuncay Özkan and Mesut Özcan? during the search of the Channel B Were you close with Mesut Özcan? premises.

Professor Haberal: No, I don’t Professor Haberal: I don’t know him. I don’t know who he remember such a fi le. is and I am hearing of him for the Member Judge, Sedat Sami fi rst time. Mr Özkan can probably Haşıloğlu: It was a digital answer this question with more instrument, numbered 893 by the ease, as I don’t who Mesut Özcan police. It was either a CD or a is. DVD, an Ergenekon briefi ng fi le.

Member Judge, Sedat Sami Professor Haberal: I am not Haşıloğlu: Mesut Özcan is a aware of this. I am assuming, doctor; a heart surgeon. Does this and this is only a probability, help you to remember him? my colleagues got hold of such Professor Haberal: No, I don’t a document while preparing a remember him. I don’t know who programme. And as I mentioned

189 before, during the searches, which Gürbüz Evren is my colleague were carried out at Channel B, who prepares a programme only three CDs were retrieved called, “Waiting Room”. He is from my offi ce. The remaining also responsible for our external CDs were all taken from my affairs. As we can see here, the CD colleagues’ offi ces. Unfortunately, came from his offi ce. I am also and I have said this before, all fi nding this out now. As I said, all these 1,300+ CDs were coded these CDs were being treated as under my name, making claims though they belonged to me and as though all these CDs were my lawyers, noticing this, took the found in my offi ce. I am not necessary action. So, this has no aware of everything they retrieved relation to me. and I have no knowledge of this particular CD. Member Judge, Sedat Sami Haşıloğlu: Do you know anyone by Defence Counsel, Dilek the name of Yavuz Dedeoğlu? Helvacı: This was during a search of Gürbüz Evren’s offi ce at Channel Defence Counsel, Dilek B. Helvacı: Yavuz Dedeoğlu?

Professor Haberal: Ah, yes. It Professor Haberal: I’m sorry, could be Gürbüz Evren. Yes, my who? Yavuz Dedeoğlu? No, I don’t lawyers are saying that it came out know him. of my colleague, Gürbüz Evren’s Member Judge, Sedat Sami ofﬁ ce. My colleague, Gürbüz Haşıloğlu: He is down as the Evren, prepares a programme on person responsible for the Fridays called “Waiting Room”. So, Association of Kemalist Thought it came out of his room. Therefore, in Bavaria, Germany. In the it does not have anything to do with search carried out on campus, it me. is stated that one copy of a fax, Member Judge, Sedat Sami numbered 35 by the police, with Haşıloğlu: Ok, so this was amongst the title, “Federation of European the CDs and DVDs retrieved from Associations of Kemalist Thought”, Gürbüz Evren’s ofﬁ ce at Channel B dated 22 May 2007 and addressed in the Başkent University, Bağlıca. to Doctor Mehmet Haberal, was retrieved. The annex contained a Professor Haberal: Yes, document titled “Let Us Protect

190 Our Republic”, also dated 22 May Professor Haberal: No. I am 2007. not sure what the Advisory Board is referring to. I don’t know anything Professor Haberal: Yes, I about it. I don’t know what the remember now. We do have a Advisory Board is, nor to which centre called Kemalist Thought and institution it belongs. There are Professor Ünsal Yavuz is heading a number of advisory boards and this department. This gentleman the name, Kemal Kerinçsiz, you had sent me this letter, as he wanted mentioned; I don’t know who he is. to invite Ünsal Yavuz to Germany. Ünsal Yavuz accepted the invitation Member Judge, Sedat Sami and went to Germany. Other than Haşıloğlu: Do you know anything that, I don’t know this gentleman. about an establishment called The Platform of the National Forces? Member Judge, Sedat Sami Haşıloğlu: There is also mention Professor Haberal: No, I don’t. of a two-page list, which has I’m hearing about it for the ﬁ rst been numbered 147 by the police, time. retrieved from Başkent University. This list starts with the heading, Member Judge, Sedat Sami “Those Put Forward to the Haşıloğlu: Again, during the Advisory Board” and ends with the searches, it is claimed that a name, “Seyit Tosun”. In this list… document, numbered 155 by the police, has been found on your Professor Haberal: Yes. premises. This is a computer print out, starting with the heading, Member Judge, Sedat Sami “National Stance, National Interest” Haşıloğlu: …is the name Ümit and ends with the words, “The Özdağ and Kemal Kerinçsiz. Have Platform of the National Forces”. you met Kemal Kerinçsiz? This document contains a draft plan Professor Haberal: No. I don’t of a road map for the “National know him. Stance, National Interest” and the “Dialogue Group”, signed by The Member Judge, Sedat Sami Platform of the National Forces. Haşıloğlu: And what is this It also contains an evaluation of Advisory Board referring to? Could the 22 July 2007 election, as well you please elaborate? as writings criticising the Justice and Development Party and their

191 activities. This is the reason, I asked don’t have any knowledge of such you about these organisations. a group.

Professor Haberal: I really Member Judge, Sedat Sami don’t know. I don’t know what Haşıloğlu: Within the body of these establishments are and I don’t the My Turkey Community, the know anything about the print out Dialogue Group and/or the National you are talking about. Did they Sovereignty Movement, have you retrieve it from the university? had any contact with them or any joint activities? Member Judge, Sedat Sami Haşıloğlu: The document has been Professor Haberal: Now, numbered. I will give you further when we moved onto the National information on it. Sovereignty Movement, there were, still are, various active Professor Haberal: Maybe, groups. From what I know, My but I am not aware of what it is. Turkey is a group, of which I have Your Honour, I really don’t know attended a few meetings, where we anything about these documents. exchanged ideas to try to see if we Member Judge, Sedat Sami could organise activities together, Haşıloğlu: Again, another since we were all putting so much document, labelled 325 by the effort into our country. However, police, is a press release in the form in the end, it did not become a real of a fax print out, dated 25 January organisation. 2008, with the heading, “Civilian Member Judge, Sedat Sami Union of Forces”. In summary, it is Haşıloğlu: Do you know Professor a press release made by the Civilian Doctor Gürhan Çağlayan, Union of Forces regarding a speech who teaches at the Hacettepe made by Recep Tayyip Erdoğan, University’s Dentistry Faculty? on the subject of the head-scarf, What is your relationship to him? in Spain on 25 January 2008. Have you had any contact with, Professor Haberal: Yes, or do you know anything about an Gürhan. Yes, of course, Brother organisation by the name of the Gürhan Çağlayan from Hacettepe. Civilian Union of Forces? I was also a professor at Hacettepe and I was trained at Hacettepe, so Professor Haberal: No. I am that is how I know him. He a friend hearing about it for the ﬁ rst time. I

192 of mine, who teaches at Hacettepe. from countries that support terrorism. Member Judge, Sedat Sami Haşıloğlu: Have you ever worked On the third page of the letter, together or has he participated in they talk of starting with the any activities within the body of the boycotting of goods coming from university? three named countries and then following by a re-evaluation of the Professor Haberal: No. situation. They state, “The means at Member Judge, Sedat Sami our disposal are as follows: Haşıloğlu: Have you given him 1. USIAD (Association of permission to make statements or National Industrialists and Business participate in activities on your Men) behalf? Does he have such an authorisation? 2. YEMDD (Association of Certiﬁ ed Financial Support) Professor Haberal: Most deﬁ nitely not. No. I just want to 3. Your Association, point out that any speeches I give or broadcast corporations: Yeniçağ statements I make are all signed off Newspaper, sometimes referred by me. I have never given anyone to as Cumhuriyet Newspaper and such an authorisation. Channel B TV station

Member Judge, Sedat Sami 4. Avrasya TV station Haşıloğlu: The reason I have asked you this question is because 5. Kanaltürk TV station there is a four-page letter, dated 10 6. Local TV stations in Anatolia August 2006, signed by Professor Doctor Gürhan Çağlayan, President 7. Universities (Başkent, Gazi, of Hacettepe University’s Faculty Hacettepe) of Dentistry’s Clinical Studies department and addressed to Kemal They can contribute in the Kerinçsiz, a defendant in the ﬁ rst following ways: to ﬁ nd individuals case. or institutions to volunteer in this respect; Association of Kemalist In summary, the letter talks Thought changed its directors, about efforts to promote activities so to also get on board the new in order to protest goods coming directors.”

193 So, under the heading, “The is a statement about a meeting means at our disposal”, they have with 20 Judges of the High Court listed Başkent University and of Appeals, 16 criminal and 4 Channel B TV station. This is why members allowing on-the-job I asked you the question. Does this training with a High Court of individual have a position within Appeals appointed letter. the University where you are rector and within the TV station, where According to this document, you are chairman? Does he have a 30 nation-wide judges will be power of appointment? appointed by the Ministry of Justice on 18 November, so there is not Professor Haberal: Defi nitely enough time. not. And I am fi nding out about this document for the fi rst time, here. The last part is the part concerning you. It says that ART Defence Counsel, Dilek and Channel B will meet with Helvacı: Excuse me, one minute… Levent Temiz. However, you say Mr Mehmet, this is the subject of that you don’t know Levent Temiz. the fi rst indictment…. Professor Haberal: Yes. Professor Haberal: Now, I am defi nitely not aware of such a Member Judge, Sedat Sami thing and this individual has no Haşıloğlu: Has this individual connection to us… been involved in any meetings with your organisations on behalf of the Member Judge, Sedat Sami Great Jurists? Do you have any Haşıloğlu: Levent Temiz. Do you knowledge of this? know Levent Temiz, a defendant in this case? He, himself, is a lawyer. Professor Haberal: Defi nitely not. I don’t have any knowledge Professor Haberal: No, I don’t of this. I don’t even know who know him, Sir. this person is and I am only just learning of this document you have Member Judge, Sedat Sami just read out. Haşıloğlu: In a Vestel brand computer, belonging to Kemal Member Judge, Sedat Sami Kerinçsiz, it is claimed that Haşıloğlu: Have you met Sevgi there were agenda items for the Erenerol? Great Union of Jurists. There

194 Professor Haberal: Sevgi? charities, Research on the Turkish World Foundation, Hoca Ahmet Member Judge, Sedat Sami Yesevi Foundation. There are also Haşıloğlu: A defendant in the statements such as, “Like an army, fi rst case, Turkish Orthodox on his own are Mustafa Özbek Patriarchate’s public relations. and Turkish Metal”; “ART has Professor Haberal: No, I don’t become the voice of the public’s know her. conscience”; “Channel B and Kanaltürk are on the front”; “There Member Judge, Sedat Sami are a number of insurgents in the Haşıloğlu: You said that you didn’t quasi-governmental organizations, know Ufuk Mehmet Büyükçelebi. such as Sinan Aygün”; “We have I will ask you about another name syndications”. Kemal Şahin has in relation to him. A Kemal Şahin been referred to as Doctor. You has an email exchange with Doctor don’t know him? Titri. Do you know Kemal Şahin? Professor Haberal: No, I don’t Professor Haberal: No, I don’t know him. I defi nitely don’t know know him. him and this is the fi rst time I am Member Judge, Sedat Sami hearing of such a document. Haşıloğlu: The reason I asked this Member Judge, Sedat Sami question is that in the defendant Haşıloğlu: An offi cial warrant was Mehmet Ufuk Büyükçelebi’s, sent by our court to the prosecution Exper brand computer, an email enquiring as to whether any action was discovered, sent from the has been taken regarding Tuncay email address drkemalsahin@ Güney. We received a response yahoo.com to the email address to say that an investigation is aydın.candabak@tercüman. currently underway and that it is com.tr. The message is addressed related to such and such documents. to Mr Candabak and it comments They also mentioned an analysis on an article by a NKZ. It also case relating to your TV station. talks about the attachment to However, the contents of this case this message, which is an article were not sent to us, although we are bearing the title, “The Coalition told that documentation relating to of the Insurgents Towards Light”. this does exist. What is the exact Under the sub-heading of “Turkish date of incorporation of Channel B? Revolutionaries” is a list of our

195 Professor Haberal: In 2004. in the past with the same name as However, I would like to state once your Channel B that you are aware more that there is not even a single of or how many years prior to its point that can be brought up with incorporation did your activities regard to Channel B casting any relating to the channel start? doubt on the future of our country. Channel B is a TV channel set up Professor Haberal: No, it is not by me in order to contribute to the a question of how many years prior future of our country. The other to the incorporation. When I set up thing; yes. the university faculty, I spoke with Mr Fatih Karaca, the president of Member Judge, Sedat Sami the Radio and Television Supreme Haşıloğlu: In 2001, this, Tuncay Council. When I discussed with Güney is taken into custody by Mr Fatih what the name should be, the Organised Crimes Unit, in everyone came with a suggestion, relation to Change Oto, and some and I said it should be Channel documentation is retrieved from B, because, fi rst of all, no other his residence. These documents are TV station with the same name said to be with the Istanbul High exists. Secondly, B stands for Criminal Court in Sultanahmet. Science (Bilim) in Turkish, which The prosecution conducted an is why I said it should be Channel investigation into these documents B. Therefore, it is a name, which and it is mentioned that an enquiry Mr Fatih Karaca and I decided related to Tuncay Güney would be together. carried out. This is sent to us in the form of a fi le for our examination. Now, whether it existed prior to Further to our examination, we 2001 or not, I don’t know. It is here, discover that in the 40th row, there from you, that I am hearing about is mention of a Channel B Analysis this document for the fi rst time. In File. You say that Channel B was any case, I don’t know this other incorporated in 2004. person, so it is un-related.

Professor Haberal: Yes. Member Judge, Sedat Sami Haşıloğlu: On pages 208 and 207 Member Judge, Sedat Sami of the indictment, there are some Haşıloğlu: This document is dated claims regarding Bülent Ecevit. It 2001; rather it was discovered in is a claim that directly concerns you 2001. Was there another channel and I will ask you to explain it to

196 me. In Recai Birgün’s statement, assumed that it had been normal. he says, “The fi rst day they went, This is his statement. I would like despite his advanced age, a lot of to know what you have to say about tests and examinations were made this. at the hospital. Some hospital staff even told him that these tests Professor Haberal: Yes, thank should not even be carried out on a you. First of all, I would like to young person at the age of 20”. He remind you that this witness is not also says that, “Although we was a legal witness. Secondly, his words very tired and despite the fact that do not refl ect what really happened we insisted for him not to make any and nothing along the lines of what speeches, Mehmet Haberal told him he has described actually happened, that he needed to say a few words.” as this gentleman is not a doctor. Then when they went out of the If this gentleman can determine door, they saw a large crowd of the patient’s needs, then he should journalists and a podium belonging have been a doctor. However, to Başkent University erected. He his job is to ensure the Prime goes on to say that when Bülent Minister’s security. Therefore, it Ecevit went up to the podium to is obvious that his interpretation is give a speech, he was not able to not correct. Furthermore, it is out speak, that his throat tightened of the question that I would have and that he could not even say spoken to him in the way that he Mehmet Haberal’s name. He says describes. It is completely against that he left without being able my practice. If anything, I would to make a speech and then when explain, fi rst of all, to the patient they asked Mehmet Haberal why himself. this happened, Mehmet Haberal It means that this unlawful had replied that they had had to witness did not know that my fi rst anaesthetise his throat to conduct priority is to bring my patient back an endoscopy. He claims that when to health. My fi rst priority was to he was told this, he asked why the ensure that our late Prime Minister Prime Minister was asked to make regained his health as quickly as a speech if such an intervention had possible. Therefore, I would like to been carried out. He claims that affi rm that his statement is incorrect Mehmet Haberal replied that it was and I deny his claims. not a big deal and at the time, since he did not know any better, he had Member Judge, Sedat Sami

197 Haşıloğlu: Did such an incident Minister Ecevit’s treatment? occur? In other words, the fact that a podium was set up and that Professor Haberal: Not at all. Bülent Ecevit tried to make a Excuse me but, people come to speech but failed to do so? me saying, “Professor, please can you help with this?” or “Professor, Professor Haberal: Your can you please do such and such.” Honour, do you really think However, sometimes, I suppose, something like this could have some people after a certain grade happened? For me to force a patient behave this way, thinking that they who can’t speak to speak? This is would never meet these people a very serious accusation to make again. against me and against Başkent

I still cannot understand this coming from a man, who was the head of security of our Prime Minister and who now represents our people. Now, he is even saying, “We left Başkent University’s hospital on mutual consent”.

University. It is for these reasons It is out of the question for me that in 2003, we fi led a lawsuit to behave this way towards anyone, against this unlawful witness. The especially someone close to one of court case is currently continuing. my patients. So, we will be able to explain his ensuing reasons. We have a number I still cannot understand this of cases running against him coming from a man, who was and his reasons for making such the head of security of our Prime allegations will become clear. I Minister and who now represents reject these allegations. I fi nd them our people. Now, he is even saying, unacceptable. “We left Başkent University’s hospital on mutual consent”. He Member Judge, Sedat Sami is saying this for the fi rst time Haşıloğlu: Was there any hostility and I have already told you that between yourself and Recai Birgün he said this for the fi rst time on either during or prior to Prime 15 February 2010 on NTV and

198 Habertürk TV stations. For this Member Judge, Sedat Sami reason, I have not had any issues Haşıloğlu: You make a certain with him. intervention and then he goes home. In today’s morning session, Member Judge, Sedat Sami my colleague also asked you and Haşıloğlu: Did your legal hostility you replied to say that you visited with him start after this? You said him at his house or his work with that you have initiated a lawsuit Turgut Zileli. against him. So, did this legal disagreement start after this case? Professor Haberal: Yes, it was In other words, you said that you his house, not his work place, Sir. had no issues before this case. Member Judge, Sedat Sami Professor Haberal: Let me Haşıloğlu: What was the reason say this. If I remember correctly, you went to his house? I mean he the lawsuits against him started on had recovered and left the hospital. 19 December 2002. My lawyers Could you please explain why you will be able to confi rm. So, it is then went to his house? probable, unfortunately, that some members of the press and some Professor Haberal: I remember members of parliament made very clearly. It was like this. I such public statements. I believe received a phone call to say that that we initiated a lawsuit against Mr Bülent had some health-related each of these people. These cases complaints. For this reason, I were opened in response to their called Mr Turgut and we went accusations and the ensuing news together to see him. Mr Turgut stories on this subject. However, gave certain suggestions on his the date we started the lawsuits is requirements. Then, anyway, later 19 December 2002. he was admitted to hospital and his treatment within this context was Member Judge, Sedat Sami given. Within this timeframe, after Haşıloğlu: Yes, it is on 4 May 2002 he completed his treatment, he was that Bülent Ecevit comes to you for discharged from hospital in a fully the fi rst time. I mean, during the recovered state. period in question, he comes for the fi rst time on 4 May. Member Judge, Hasan Hüseyin Özese: Mr Mehmet. I have some Professor Haberal: Yes. more questions.

199 Professor Haberal: Of course; nomination, but that my belief please go ahead. was in the country’s parliamentary system and that the 10th President Member Judge, Hasan Hüseyin needed to be elected by parliament. Özese: You said that you were offered the Presidency, by the Later at around 10:30 am, our Prime Minister at the time, Bülent late Prime Minister, Mr Bülent, Ecevit. Was this offered, directly called me personally and told me, by him, or by someone else? Could “Mr Haberal, you did not request you please explain this to us? You this, we nominated you.” said it was on 22 April 2000. So, I replied exactly the same Professor Haberal: Yes, yes. thing to him and when I told him This is how it happened. As I that I would retract this nomination explained already to you, I did with a press release, he requested not know anything about this. the following from me, referring During a hospital visit with Mr to the three-way coalition at the Erkan Mumcu, on the same day, time, “At 2 pm we will come he brought this subject up with me together, so could you please and I told him to take it up with his hold off on the press release until head. On the afternoon of the same then?” Out of respect for him, I day, on 22 April 2000, I found out signed the document, which is from TV. Our late Prime Minister contained in our case ﬁ le and sent had nominated İsmail Cem, as it to Mr Hüsamettin Özkan, who candidate from within parliament, was Deputy Prime Minister at and me, as candidate, from outside the time, and asked him to relay parliament. It came as a shock to the message that I wanted them me because I did not have any prior to have this document when they information or knowledge about it. convened for their meeting at 2 pm, That is how I found out. It did not as I would not be able to accept happen with my prior knowledge, this honourable position because or upon my request. I believed that our 10th President had to be elected from within Then, on Monday at 9 am, parliament. In the end, Mr Ahmet as I explained before, I visited Necdet Sezer was nominated and he Mr Hüsamettin Özkan at the was elected as our 10th President. parliamentary residences. I told him that I was honoured by this Member Judge, Hasan Hüseyin

200 Özese: But Mr Ahmet Necdet they paid for by the attendees, by Sezer was elected from outside outsiders or by you? Could you parliament. How would you explain please explain? that? You had asked them not to elect you from outside parliament Professor Haberal: As I and yet, a man is elected this way. mentioned before, these meetings were not fancy affairs. They were Professor Haberal: Why not? meetings where we offered cookies That is the parliament’s decision, and tea. Each person paid his not mine. This is my opinion. own bill. After all, they were just Other people may have another cookies, tea and coffee. Nothing opinion in this matter, but this is more. my personal belief. I still believe the same thing today. Also, as I stated before, these meetings are open to anyone Member Judge, Hasan Hüseyin who wants to attend, including Özese: Ok, understood. So, you say the press. Moreover, after the it is the decision of the parliament. meetings, an announcement would be made to the press. So, Professor Haberal: Of course; the way I usually put it, is that of course it is the decision of the they are cookie and tea meetings. parliament. It is not my decision. Member Judge, Hasan Hüseyin Member Judge, Hasan Hüseyin Özese: Who covered the cost? The Özese: Ok, do you know anyone by attendees or you? the name of Ali Vural? Professor Haberal: I will Professor Haberal: No, I don’t. explain it like this…

Member Judge, Hasan Hüseyin Member Judge, Hasan Hüseyin Özese: Do you know anyone by the Özese: Even if the cost was small, name of Engin Ak? Engin Ak? however small it was, who covered Mehmet Haberal: No, I don’t. it?

Member Judge, Hasan Hüseyin Professor Haberal: No, let me Özese: It is claimed that certain explain. I don’t remember very meetings were held at Kent and well, at the time, how this was Patalya Hotels. Who covered done, to be honest. But whatever the cost of these meetings? Were the cost was, everyone was in a

201 position to be able to pay for the Hotel in Ankara on 14 January one tea and couple of biscuits they 2008, your name, Mehmet Haberal, ate. That was all there was to it. is listed as being among the executive board members. Member Judge, Hasan Hüseyin Özese: Yes, ok. Was it part of the Professor Haberal: Yes. Yes. National Sovereignty Movement and the National Power Movement? Member Judge, Hasan Hüseyin I mean were they related to that? Özese: Did this meeting take place? Did it take place in Patalya Hotel? Professor Haberal: Yes, the fi rst meetings were conducted under Professor Haberal: Of course; the name of the Dialogue Group yes. and then they continued under the Member Judge, Hasan Hüseyin name of the National Sovereignty Özese: Please go ahead. Movement and as I stated before, I have to say it again now. Our ruling party today, organised its activities at Patalya Hotel and then incorporated itself. only tea and cookies were served. Professor Haberal: I have There was nothing in addition to already explained that Patalya that. Hotel is a subsidiary of Başkent University. The hotel is open to Also, I understood from the everyone and a number of social prosecutor’s offi ce that Mr İlhan functions take place in it, from Selçuk had organised another weddings to balls, so it is a regular meeting at Kent Hotel, on the fi rst hotel. At the same time, political fl oor, in a separate meeting room. parties such as the Republican So, I wanted to also point out that People’s Party, the Motherland detail. Party, the Nationalist Movement Member Judge, Hasan Hüseyin Party and the Felicity Party, all Özese: In a document that I have conduct meetings in this hotel. in my hands at the National Power I have to say it again now. Our Movement’s meeting at Patalya ruling party today, organised its

202 activities at Patalya Hotel and then Member Judge, Hasan Hüseyin incorporated itself. Özese: In the document, which I have, the heading reads, “National I would like to describe a Forces Movement”. personal story. One day Mr Cemil Çiçek had a wedding in the hotel. Professor Haberal: Oh, The Speaker of Parliament at the I’m sorry. I understood it as time, Bülent Arınç, Fatih Karaca, being the National Sovereignty. the member of parliament from I misunderstood it earlier. The the Zonguldak’s 19th district, Ali National Forces Movement has no Uzun, the Minister of Energy at the connection, neither to the Dialogue time, Mr Hilmi Güler and I were Group, nor to the National sitting in the hotel’s pent house. Sovereignty Movement. Mr Bülent Arınç said to Mr Hilmi, “Hilmi, you wouldn’t know, but Member Judge, Hasan Hüseyin this party was formed in this hotel. Özese: Ok. In that case how often I am telling you this just so that you did the National Sovereignty Group know.” meet? Was it once a month, once a week? So, this is what Mr Arınç said. I just wanted to highlight it. Professor Haberal: Now, it is not possible to say, as the meetings Member Judge, Hasan did not take place on a regularly Hüseyin Özese: Yes, these types of scheduled basis. Sometimes, there meetings. would be a meeting once in every two months; sometimes, once in Defence Counsel, Dilek every three months. So, it was not Helvacı: He asked with regard to on a strict schedule. I’m sorry but the National Forces Movement’s am not able to hear your voice meeting. clearly.

Professor Haberal: Oh, yes the Member Judge, Hasan National Forces. I’m sorry, not the Hüseyin Özese: Do you have National Forces Movement, but the any knowledge of the Domestic National Sovereignty Movement. Language Group or the Mini I just wanted to point this out. If Domestic Language Group? it goes by the name of National Forces, I don’t know what it is. I Professor Haberal: Which don’t know what that is. group?

203 Member Judge, Hasan Sayın. Hüseyin Özese: Do you have any knowledge of the Domestic It starts as follows, “I am Language Group or the Mini sending you some telephone Domestic Language Group? recordings regarding an international operation. It is Professor Haberal: No, not at claimed that they have been all. I don’t know it. recorded by JIT. On this subject, I had made a statement in Aktüel Member Judge, Hasan Hüseyin magazine in August 2003. If you Özese: And do you have any would be interested, I could write knowledge of a gemote? an anonymous article for Aydınlık. Professor Haberal: No, I don’t. Associate Professor, Doctor Ümit Sayın.” Some phone conversations Member Judge, Hasan Hüseyin were included with this. I would Özese: Do you know anything like to read to you, the one dated, about the Gathering of the 40 18 June 2002. Saints? Professor Haberal: Of course, Professor Haberal: No. No. please go ahead.

Member Judge, Hasan Hüseyin Member Judge, Hasan Hüseyin Özese: I will now ask my ﬁ nal Özese: The conversation is between question. It is a little long. two individuals by the name of A.V. and Mr A. and it goes as follows: Professor Haberal: Not at all, please go ahead. Mr A. says, “No. No, please. Everything is going smoothly with Member Judge, Hasan Hüseyin regard to the mention of the bank Özese: On page 353 of the ﬁ rst name, isn’t it?” case’s 321st folder, there is a document and a few pages. The A.V. replies, “Yes, there is subject is Ecevit’s assassination nothing to worry about.” decision and the roundtable meetings. The date is 14 June 2004 Mr A. says, “You know that I and it starts with, from Ümit Sayın represent certain people, whose to Mehmet Perinçek, and continues expectations I cannot let down.” with Dear Mr Mehmet and Mr A.V. says, “I know, Sir.” Doğu. It is an email sent from Ümit

204 Mr A. says, “I spoke with E.B. a discharge the synergy which will be little earlier” created.”

A.V. says, “Yes.” A.V. responds, “I know sir.”

Mr A. responds, “It looks like Mr A. continues with, “The everything is going to plan.” company will be dissolved in the way we discussed….” and mentions A.V. says, “Absolutely, sir.” a few names. In the end, there is Mr A. says, “We don’t worry. a notes section stating that what You worry.” is meant by the expected death has been calculated to take place A.V. replies, “I don’t understand during his treatment period, starting why you say that.” with when Ecevit goes to Başkent hospital to see Mehmet Haberal Mr A. explains, “To restructure and gets his test results. In other a country is not an easy task; words, the aim was to assassinate it is a painful process. This is Ecevit through hospital treatment. the situation Turkey is in at the If this is about the assassination of moment. The country will be back a man like Ecevit, who has been on its feet quickly and in a dynamic through the teachings of Kissinger, manner, thanks to bureaucrats and it is then understood that these men patriots like yourself and under the Mr Andersen represents are a threat leadership of Derviş and his team.” in themselves, through their own A.V. says, “Thank you sir.” intentions.

Mr A. explains, “What we are In our website, this has been talking about is the restructuring explained by a number of our and rebuilding of a country. This writers. So, in our records we have holding has become big enough such a phone conversation and an to cause us problems in the future email, which was written on 18 and is becoming inoperative. The June 2002, but Ümit Sayın, who people I represent are not pleased sent the email, sent it on 14 June with the situation, therefore 2004. everything needs to go as we Can you please elaborate on discussed after the probable and this? How do you explain it? awaited death. In the meantime, we will need to carefully and quickly Professor Haberal: Now, when

205 I hear of such an email, it really Presiding Judge: Sir, you had makes me sad. First of all, as a asked for permission to speak. doctor, my primary responsibility is to contribute to people’s lives. I Defendant, Ahmet Tuncay apologise, but I will give another Özkan: Yes, Your Honour. As example from the Quran. I my name has been mentioned on apologise as I have been quoting several occasions, I felt that I had a lot from the Quran today. to ask some questions, as well as These people who are saying providing some explanations. these things, should fi rst read, the First of all, I would like to Maidah Surat, verse 32, Nisaa refer to the question asked by Mr Surat, verses 92 and 93 and Isra Özese with regard to the document Surat, verse 33 and then know labelled 160, in the 30th binder, 6th what it means to kill. CD, 415th section, 121st page. This I am a doctor and my duty, fi rst computer printout, starting with of all, is to contribute to the health the title, “New Politics for a New and lives of my patients. Secondly, Turkey and the First Step to a New I am not, defi nitely not, aware Formation” with a list numbered of such a thing. I have no prior from 1 to 30 and ending with the knowledge of this and am hearing it words Mehmet Haberal, Applicant for the fi rst time from you. and the date 27 August 2001.

Member Judge, Hasan Hüseyin There are some basic errors Özese: These are all my questions. here. If the prosecution can help Thank you. me, I would like to bring clarity to this with questions and provide Professor Haberal: Thank you. explanations to clear up the matter.

There is a short break to the In the ﬁ rst paragraph, I assume trial. The hearing continues from the written content is meant when where it left off. The court connects they refer to the content. This is to the defendant, Mehmet Haberal, one of Mutlu Ekizoğlu’s reports. If via video-conferencing. In the the prosecution could also clarify, meantime, the following defence this is what I know of this. Since I counsels are seen entering and follow politics closely and because taking their places: Bülent Vural I am in this, I know about the and Aydın Metin. memo titled, “New Politics for a

206 New Turkey and the First Step to meeting. The fact that I did not a New Formation”, written and attend is stated in the sections of the signed off by Yaşar Nuri Öztürk indictment, which relate to me. and Yaşar Okuyan. However, it makes it look This memorandum is not dated as though Mr Mehmet Haberal 2001. It was written, published and attended such a meeting with the declared to the public in January listed people and that I was also or February 2008. It is with regard present. Furthermore, the date of to the introduction of two new the meeting was 14 January 2008. joint party leaders for the People’s However, it has been put down in Ascent Party. the indictment as being in 2001.

So, why has this memo been So, is there a particular reason dated 2001 and put within this that the 2008 statement made by the indictment? First of all, I would like Ascent of the People’s Party, the an explanation for this. public press conference they had in 2008 and the 14 January 2008 Secondly, it says that there dated invitation of the National is a memo signed off by the Sovereignty Movement are all National Sovereignty Movement being shown as having taken place and labelled from 11 to 22 and in 2001? Why have all these been it contains a list of names. For grouped together in the same instance, the names it contains paragraph by the prosecution and are Doğu Perinçek, Anıl Çeçen, made to look as though they all Emin Gürses, Erol Manisalı, Güler happened at the same time? Kömürcu, Hurşit Tolon, Mehmet Haberal, Mustafa Balbay, Mustafa If the prosecution could explain Özbek, Sabih Kanadoğlu, Şener this, I will also add my own Eruygur, Tuncer Kılınç, Vedat explanation to it. Yenerer, Yaşar Hacısalihoğlu, Tuncay Özkan, Ümit Özdağ. I Secondly, in the phone know that this meeting was held on conversation between Mr 14 January 2008. Is that correct? Haşıloğlu, Mesut Özcan and myself, there is mention that Mesut Professor Haberal: It is correct. has addressed Mehmet Haberal, as “brother”. A conversation Defendant, Ahmet Tuncay transcript on paper is a cold method Özkan: I was not present at this

207 of communication. A recording just like to make a statement with of a phone conversation is warm, regard to the cross-examination, if because you can actually hear you would allow me. Your Honour, the voices. So, in your printed honourable members of the court transcript, the person Mesut is and the esteemed prosecution, my calling “brother” is me. As far as client’s cross-examination has now I am aware, Mr Haberal does not come to an end. know Mesut Özcan. However, Mesut Özcan is my close friend and With regard to the cross- my doctor and in this conversation examination, I would like to, he is speaking to me. The person particularly, draw attention to the he calls brother and his talk of the fact that the questions put forward problems not being resolved all by the member judges Mr Özese relate to me. I wanted to clarify this and Mr Haşıloğlu were in violation point. of court procedure.

However, why did the First of all, according to Clause prosecution feel the need to show 206 of the Criminal Procedure this meeting invitation dated 2008 Law, a sentence can only be and the Ascent of the People’s given to the acts committed and Party memo as being dated 2001? the perpetrators stated in the Furthermore, why were all these indictment. Furthermore, it is different facts grouped together clearly stated in Clause 176 of the in one paragraph to try to create a Criminal Procedure Law, that the different meaning? indictment has to be communicated to the defendant. If I could have an answer to this, I will also consequently give However, questions have an explanation. been put forward to my client about Ümit Saygın, Abdülkadir The defence counsels start their Sorgun, Ali Vural and Engin defence Ak. These individuals are not mentioned in the indictment of Professor Haberal: Ms Helvacı, this case. Furthermore, a number let’s please start with the conditions of additional questions have been of the hospital. asked, which are not present in the rd nd Defence Counsel, Dilek combined 3 and 2 indictments, st Helvacı: Your Honour, I would nor in the 1 indictment. This is a

208 direct violation of the right to a fair organisation and jokingly we would trial. I would like to bring this to use it for the operations of our the attention of the esteemed court. illegal organisation.”

Secondly, a question has When this question was asked, been put forward in relation had reference been made that these to a document retrieved from words had been spoken, “jokingly”, the residence of Yalçın Küçük then it would have been obvious and titled, “Declaration of the that there was not even a need for Intellectuals.” Based on digital this question.

…a number of additional questions have been asked, which are not present in the combined 3rd and 2nd indictments, nor in the 1st indictment. This is a direct violation of the right to a fair trial. data, apparently retrieved from Thirdly, with regard to the Yalçın Küçük, and referring to opening of the banner that read, this document, it was alleged that “The Army to its Duty”, my client Hüsnü Göksel’s house was used had stated clearly that he had for the activities of an illegal already left the “Respect for the organisation and that my client’s Republic” rally at Anıtkabir and car was also used to run errands that he had gone to perform his for the same organisation. My surgery. client was directed questions in this He had stated that he was not regard. present when this banner had been If the aim is to retrieve material opened and that he had not been fact, then on the 213th page of aware that such an incident was the indictment, the full contents going to take place and that he had of Yalçın Küçük’s digital data is no involvement in the matter. available. Here, directly amongst However, today, he was asked this data, is the exact quote as the following question, “When follows, “Jokingly, we would this banner was opened, what sometimes refer to Hüsnü Göksel’s did you do about it, as Başkent house as the house of the illegal

209 University?” My client anyway, Moreover, before this had no connection to this. He indictment was declared, at the was not there when it happened. time this question was asked at Furthermore, immediately after the police headquarters, we had the meeting, Kemal Gürüz, the investigated this incident. The President of the Higher Council people who had opened the banner of Education made a statement to were acquitted with a decision, the press, saying, “This incident which was ﬁ nal, further to the was a provocation and has no hearing held at Ankara’s 25th Penal connection to the university. We Court of First Instance. And this, condemn this action.” Since the we had presented to your esteemed president of the Higher Council court. of Education personally made this statement, there was no need These are the points that I for Başkent University to make wanted to raise on this subject. an additional statement on the Another important point is matter. Moreover, before this indictment was declared, at the time this question was asked at the police headquarters, we had investigated this incident. The people who had opened the banner were acquitted with a decision, which was ﬁ nal, further to the hearing held at Ankara’s 25th Penal Court of First Instance

My client has stated that the about an email communication, reason he was present, was that which you mentioned, took place this was organised by the Higher between Ümit Sayın and Hikmet Council of Education for the Çiçek. From my understanding, purpose of placing a wreath, within this was saved in a Flash Drive, the context of showing respect to obtained from Hikmet Çiçek. the Republic. He also stated that he However, it does not appear in left after that. the section titled, “Organisational Communication” in other words

210 between pages 202 and 215 of the Defence Counsel, Köksal indictment. Therefore, to direct Bayraktar: Your Honour, this as a question was not legally honourable members of the court suitable. and the esteemed prosecution, yesterday, with my colleagues, we However, since my client presented to you a 72-page detailed does not have anything to hide, letter of application dated 5 April although these were unlawful, he 2010, which also included annexes, nevertheless replied sincerely to all for the defence, for the release of these questions. This way, he has our client. also shown that he has nothing to hold back. Today, it is not possible for me to read out fully a large 72-page Thank you Your Honour. document. However, I would like Presiding Judge: Do you have a to bring to your attention some statement to make? important points.

Defence Counsel, Dilek To begin with, the situation Helvacı: Pardon me, Your Honour? is as follows. Your Honour and honourable members of the court, Presiding Judge: I was asking when the ﬁ rst part of this trial was Defence Counsel Belgin Özersin. declared, we…

Defence Counsel, Dilek Presiding Judge: Sir, can you Helvacı: Your Honour, we would please bring the microphone closer? like Professor Doctor Köksal Your client cannot hear you. Bayraktar to make a statement in our client’s defence. If necessary, Defence Counsel, Köksal we will provide additional Bayraktar: Yes, ok. Ok, Your comments. So, to begin with, we Honour. A while after the start of would like to request Mr Bayraktar this trial, we were acquainted with to provide our client’s defence, the trial further to a search order Your Honour. put forward by the court. There was a point, which attempted to Presiding Judge: They did qualify my client’s actions as being not want to go ﬁ rst, and so they a member of a terrorist organisation are giving you priority. Please go and taking part in related activities, ahead. as per Clause 314 and Subsection 2.

211 After your court issued the However, four months later, search warrant, eight separate we found out that in addition to searches took place in Ankara, at Clause 314, subsection 1, Clauses my client’s house, the university, 311 and 312 were also added to his ofﬁ ce and the TV station. When the allegations. Now, the past two the searches took place, on the spot days, combined with the second a warrant for the detainment of my and third indictments, we can client was issued, which we believe ascertain, through the reading of the was without the judge’s orders. statements, the cross-examination

Now, the past two days, combined with the second and third indictments, we can ascertain, through the reading of the statements, the cross- examination and the hearing of the past two days and through the evidence which the judges and prosecution have read out, we can see that there is no proof and no evidence against my client in relation to Clauses 311, 312, 314 and subsections 1 and 2.

The prosecution and court were and the hearing of the past two days only informed by telephone and and through the evidence which then we were brought to Istanbul. the judges and prosecution have Four days after being brought to read out, we can see that there is no Istanbul, the charges against us proof and no evidence against my changed with the introduction of client in relation to Clauses 311, Clause 314, subsection 2, according 312, 314 and subsections 1 and 2. to which we were charged with setting up and running a terrorist This is because, as I will organisation. In some ways, this demonstrate to you in the second was the prosecution’s decision part of my speech, Your Honour, towards putting him under arrest, for these allegations in all three of by rendering the allegations more these Clauses, the evidence and serious. proof should be easy and evident

212 to gather. This is because we are return these days of light in Turkey currently faced with the most back to the Turkish population. serious allegations, which exist in That is all. the Laws of the Turkish Republic. My client, like all of us, and However, as you know and this is not just something we see appreciate, every defence starts in books and Turkish movies, with establishing the identity of the truly originates from the heart of defendant. Our client, yesterday, Anatolia. He was brought up in a

My client… was brought up in a small, unknown and poor village of the Black Sea region and today he has become an internationally renowned surgeon. For this reason, his actions – please let us interpret them this way – his actions and the activities he has taken part in are derived from nothing more than an instinct to contribute to his society. introduced himself and spoke small, unknown and poor village of some of his characteristics. of the Black Sea region and today Although I do not need to repeat he has become an internationally these again, I would like to draw renowned surgeon. For this reason, attention to a few of them. his actions – please let us interpret them this way – his actions and the Yesterday, my client had activities he has taken part in are expressed something very derived from nothing more than an important. My client was brought instinct to contribute to his society. up in a village in the Black Sea region and he has never forgotten I want to state this openly and this. He had studied by the light honestly. If an encyclopaedia were of a candle and as a result of his to be written on Turkish medical studies, he can boast today of being history, Mehmet Haberal is one of able to carry out laser surgery and the people, whose name would be his efforts have been in trying to at the top of the book.

213 I would also like to add that, transplants. All of this is true and had it not been for Mehmet Haberal we don’t need to go into detail on or if Mehmet Haberal would cease it. However, there is something to exist, the encyclopaedia on that we need to state with pride. Turkish medical history would be A surgeon can carry out a kidney undersized and meagre. I really transplant. Many surgeons are want to make a point of this. doing it. However, what does Before, the kidney of someone who died in Istanbul, could not be taken all the way to Kars or to Mardin. Today, it can. In the same way, the family, of someone who died in Munich, can bring his kidney to Turkey, to Adana. All this is possible thanks to Mehmet Haberal.

So, Your Honour, we said that it mean to be the ﬁ rst surgeon our client was born on such a date, in the world to carry out a liver in such a place, etc. transplant?

I will not emphasise on this I did my PhD on the point. There is no need to, so late responsibility of doctors. For this in time. However, I just want to reason, I know this subject well. say one thing. Born in 1944, our The pancreas, heart and liver are client became a professor at the the only single organs in the body. age of 38. He was younger than Until 1980, the transplantation of all those present in the courtroom single organs was not being carried today, when he became professor. out. I became professor at the age of 40. For this reason, please let us The ﬁ rst ever person to split the liver and transplant a piece of highlight his enthusiasm for work it and create a new liver in another and his determination to bring patient’s body, is Mehmet Haberal. something to his country. Mehmet Haberal has another We have always said that he breakthrough. He has increased the has carried out kidney and liver time a kidney can be preserved in a cadaver from 12 hours to 111 hours.

214 Do you know what this means? universities abroad. He could The difference between 12 and 111 go to any one of these countries hours? whenever he wants and take up a full-time teaching position. Before, the kidney of someone who died in Istanbul, could not So, here we are accusing a be taken all the way to Kars or person of this calibre of being a to Mardin. Today, it can. In the founder and member of a terrorist same way, the family, of someone organisation whose aim is attempt who died in Munich, can bring his to overthrow the Turkish Republic’s kidney to Turkey, to Adana. All government or its parliament and this is possible thanks to Mehmet incapacitate these bodies. This is Haberal. not an acceptable situation. However, nine of some of the most important medical awards in the world have been presented to our client. He has obtained three honorary doctorates…So, here we are accusing a person of this calibre of being a founder and member of a terrorist organisation whose aim is attempt to overthrow the Turkish Republic’s government or its parliament and incapacitate these bodies. This is not an acceptable situation.

Yes, Mehmet Haberal, has had Of course, he himself has a lot of international success. Even already stated the following ﬁ gures, that is not so important. However, which I will repeat now, as I believe nine of some of the most important Your Honour and members of the medical awards in the world have court, these numbers are of great been presented to our client. signiﬁ cance. After the creation of Başkent University, today there He has obtained three honorary are 11 faculties, 7 institutes, 6 doctorates. He has been invited vocational high schools, 14 dialysis as a visiting professor to three centres and 10 hospitals. The

215 number of staff employed in these There have been some institutions is 7,615 and the number important procedural errors of students enrolled is 9,187. With which took place here and which your permission, I would also like we need to address as the defence. to give last year’s ﬁ gures. They form a part, an important part, of our defence.

The number of patients treated at Başkent University’s existing hospitals and the number of patients using the dialysis centres is 1.89 Million and the number of people having undergone surgery is over 55,800…it is important to state the seriousness of detaining for over a year, a man who heads such an organisation.

The number of patients treated Look Your Honour, the search at Başkent University’s existing warrant was issued on 12 April hospitals and the number of patients 2009. This warrant was issued using the dialysis centres is 1.89 by your court. Ofﬁ cials from Million and the number of people Ankara’s police headquarters having undergone surgery is over carried out searches at seven or 55,800. eight separate locations and on 13 April, interestingly enough, at the Yes, it is important to state the same time as the searches, took our seriousness of detaining for over client in. a year, a man who heads such an organisation. Now, let’s take a look at the Criminal Procedure Law. Now, Your Honour, be it at the According to Clause 90 of the investigation stage, be it today, be Criminal Procedure Law, an order it during the trial period in relation for a person’s arrest is given if he is to the search warrants, be it his caught in the act of a crime, if there detention and his deposition, there is a chance he might escape or if his have been certain errors committed. identity cannot be established.

216 In urgent situations, the arrest inform the concerned judicial warrant can be issued by the police authorities. headquarters. However, it is, most usually, issued by the prosecution. This was the fi rst error committed against my client. Although, there is no warrant The second error, Your Honour, I for arrest, we can see in the house already expressed yesterday. search warrant, that the words “search” comma “arrest” and Since yesterday, our client “confi scation” have been used has presented the social and simultaneously. I repeat that this professional circumstances is a violation of Clause 90 of the surrounding him. However, our Criminal Procedure Law. Moreover, client has been kept at police on the same day, on 13 April, our headquarters from 13 to 16 April client is treated like a – I will use and his questioning only started on the term – criminal and is called a 16 April. His questioning started at th suspect. Like a guilty criminal he 12:45 pm on the 16 and ended at was hurriedly fl own from Ankara to 05:30 am the following morning. Istanbul and taken into custody. Of course, it is understandable that my client had to be taken to a few However, again, according locations, such as Aksaray and then to Clause 91 of the Criminal to Beşiktaş. However, the time he Procedure Law, for a person to spent making offi cial statements, in be taken into custody, there has front of three different authorities, to be a legal necessity or urgency. amounts to a total of 16 hours and There was no legal necessity, nor 45 minutes. urgency. Or, there needs to be indications pointing to a crime. Your Honour, a man, at the age But, there are no indications of 66, has been questioned non-stop either. for 16 hours and 45 minutes and this is not including the sleepless Therefore, there has been such three days he spent at the police a serious violation of Clauses 90 headquarters prior to that. The term and 91, that on the same dates, “to exhaust” stated in sub-Clause my colleagues in Ankara were 1 of Clause 148 of the Criminal not able to apply Clause 91’s 4th Procedure Law has occurred here. subparagraph. In other words, they were not able to, immediately, My client stated this yesterday

217 and I have also said during similar were utterly shocked. After that, speeches I have given on earlier the taking of the statement was dates, with regard to our request fi nished off quickly and Zekeriya for my client’s release, but I will Öz made a second historical say it again. Because, this trial is at statement. He said, “Let us not the same time, a trial which will go tire the Judge. He is also human, down in history. I have to express so please be quick with your this, as one of the people living statement.” through this trial. Your Honour and honourable We were in the room of the members of the court, if we are Prosecutor of the Republic at living in the 21st Century, as my the Beşiktaş Court. Professor colleague also stated, if we trust Mehmet Haberal was sitting in and abide by the right to a fair the middle. I was sitting to one trial, none of this should have side and on the other was Dilek taken place. That morning, only Helvacı. We were present with the at 05:30 am, were we able to give Professor when he was giving his a statement in front of the judge, statement. The person taking the despite all our struggles. Because statement was Zekeriya Öz and it had turned into 314/2 and 314/1 since it was midnight, from time and we were only able to say a few to time, he would get sleepy and words, when at that moment our his head would drop forward. The client was put under arrest. This Professor even said, “Let us open grave beginning, is also bringing the windows. The cool air would together other issues. Combining be good for you. Your sleepiness all these issues, I would like to say would pass.” This is a humorous the following Your Honour. incident without any importance. However, the importance is that The third error is the search in while my client was giving his Ankara. During the search of the statement, the Prosecutor of the Professor’s offi ce, hospital and Republic, Kasım İlimoğlu, came rectorate offi ce, his computers, into the room and said, “On TV computer programmes, computer they are saying that Mehmet fi les were all taken away in one go. Haberal has been arrested. How Now, when we look at Clause ridiculous.” At these words, 134 of the Criminal Procedure unable to make our defence, we Law, if a computer and computer

218 programme requires a password over again. Even in the tapping of access, it will be taken away. the phones, there is a violation of However, none of the Professor’s the law. The telephone number, computers, nor his computer which has permission to be programmes, are locked with a tapped and listened to, is only password. Despite this, they were the Professor’s mobile phone. all confi scated. No other number has offi cial permission. We have written Not only was it all confi scated, letters in this respect and they are but no copies to this day have been all fi led in the case fi le. provided to us. We believe it is important to re-iterate this. As you know, with telephone calls, it is possible to conference Your Honour and honourable people in, where another phone can members of the court, I would like connect to your call. Now, there to state that it is obvious that this is no recording of conversations situation is in violation of Clauses on the mobile telephone, which 134, 134/2, 134/3 and 134/4. has permission to be listened to.

Now, when we look at Clause 134 of the Criminal Procedure Law, if a computer and computer programme requires a password access, it will be taken away. However, none of the Professor’s computers, nor his computer programmes, are locked with a password. Despite this, they were all conﬁ scated. Not only was it all conﬁ scated, but no copies to this day have been provided to us.

We have mentioned this before, so I will go over it quickly. However, on all the other phones, However, yesterday, unfortunately, with no permission to be listened the prosecution stated that the to and without our knowledge, tapping of the phones was partially all calls coming through a lawful. However, they are wrong. conferencing system have been We need to explain this over and automatically listened to.

219 Therefore, as my colleague, Ankara, were outside the authority Ms Helvacı pointed out yesterday, of your court in Istanbul. I would out of the approximate 40 calls like to point this out. which have been recorded, 25 or 30 of these calls are conversations There is another point I would like to bring up in relation to the with no permission to be searches. It is that 9 searches recorded or listened to. were carried out and this was laid Therefore, it is not possible to give consideration to these phone conversations and this situation presents a violation of Clause 135 of the Criminal Procedure Law.

Therefore, it is not possible to out before you during the cross- give consideration to these phone examination. Now, the items which conversations and this situation were confi scated from the hospital, presents a violation of Clause 135 university offi ce and rectorate of the Criminal Procedure Law. offi ce, as a result of this search and There is also another point, claimed to be evidence, actually belonged to other individuals. which is a doctrinal point-of-view, but it is worth putting it forward. A This is because the police judge and prosecutor can carry out offi cials, without showing any care their duty and authority, only in the or meticulousness, went into other judicial township where they are offi ces at the TV station – I would employed and have authorisation to like to point out that the premises of do so. However, we are seeing this. the TV station has a surface area of Your esteemed court has issued a 10,000 m2. There are six studios search warrant and Ankara Police in the premises and 250 staff. Headquarters are executing this. The drawers of all these staff Could your esteemed court, not members were ransacked to look have communicated this and given for things. instructions to the Ankara High Criminal Court and transferred Now, none of these belong to this to them? Because, all these Mehmet Haberal. However, these operations, which took place in items, such as dialogue texts,

220 which do not belong to Mehmet to delegate his duty to a police Haberal, were put forward as ofﬁ cial, is against the police… evidence against him and this was no, it is against the law. It is not also observed during the cross- appropriate. examination and he was questioned on them. None of this contains So, this is how the hours pass. evidence connected to Mehmet The 16-hour process of tiring out Haberal and it has all been mixed my client is the result of police together. In addition to this, I involvement. And, unfortunately, want to call your attention to the questions of the police have another important point Your confused all sorts of evidence Honour, which is that all this obtained incorrectly and shows to what extent there has unlawfully, that the resultant been a violation of procedure and evidence created is also unlawful the Criminal Procedure Law. and legally unacceptable.

Clause 1 of the Criminal Your Honour and honourable Procedure Law orders that any members of the court, I am now investigations and proceedings coming onto an important technical carried out in special authorised point, which I will present to you courts or in courts with jurisdiction, and for which I request your careful have to be, not only dealt with consideration. It is a point, which personally by the prosecutor and has not yet been mentioned. We all judge, but have to be anticipated by say things like unlawful evidence, them. or that this or that is legally appropriate or inappropriate… No, Therefore, a statement should not that one… Clause 148 is again not have been taken at the Police regarding unlawful evidence. Headquarters in Istanbul. This is because, as citizens - I am also a Clause 148 has a very important rd citizen, we are all citizens – if we 3 sub-Clause, which states that are being charged with crimes statements obtained in an illegal stated in Clauses 250 and 251, the manner, cannot be evaluated as state indemniﬁ es us that only a evidence, even if they have been prosecutor can listen to what we provided with the client’s consent. have to say, not the police. This is a very important assurance given by the state and by the law, Therefore, for the prosecutor to the citizen. It is secured by the

221 superiority of the law. So, then, You might ask, why is the what is this exactly? I will tell you. lawyer saying this? Your Honour and honourable members of the A statement, not taken by or court, I am saying this because listened to by a prosecutor, but the fact that this evidence was taken at the police headquarters, read out in court as part of the is a statement obtained in an police statement and the fact that illegal manner. my client was questioned on it I will continue. Telephone during his cross-examination and conversations listened to without the fact that my client or any other a court order and transcripts defendant accepted it, according to made of these conversations, is sub-Clause 3 of Clause 148 of the evidence obtained in an illegal Criminal Procedure Law, does not manner. give it a status of lawful evidence.

Clause 148 has a very important 3rd sub-Clause, which states that statements obtained in an illegal manner, cannot be evaluated as evidence, even if they have been provided with the client’s consent.

Furthermore, a statement I want to put this forward as obtained by wearing out the part of the defence. Now, my defendant, is a statement colleague, Dilek Helvacı, has also obtained in an illegal manner. identifi ed some issues, which I agree with, regarding the cross- Computers, which have been examination. confi scated unlawfully and evidence obtained from them, Mr Tuncay Özkan also made constitutes evidence obtained in some points, for which I thank an illegal manner. him, but I will not go into what he has said. However, there are some Not providing copies of additional issues. confi scated documentation, is evidence obtained in an illegal During the cross-examination, manner. some interesting points came up, Your Honour. Now, let us say that

222 someone writes an article about me a person sends me an unsigned, and during the cross-examination anonymous letter and then I this is presented as evidence question why no credit was given against me. In other words, articles to this letter? It is not right. written and opinions expressed by other people, cannot be used In ofﬁ cial communication, as evidence against a defendant. an unsigned, anonymous letter is Or, when two people A and B are never taken into consideration. It is having a conversation, where they important to openly state this. mention Mehmet Haberal, this is Going further, I have to admit not evidence relating to Mehmet that the last piece of writing Haberal. It is not binding on that one of the judges read Mehmet Haberal; it concerns the out frightened me in so far, two people having the conversation. as a person sends an email to

…articles written and opinions expressed by other people, cannot be used as evidence against a defendant. Or, when two people A and B are having a conversation, where they mention Mehmet Haberal, this is not evidence relating to Mehmet Haberal. It is not binding on Mehmet Haberal; it concerns the two people having the conversation.

A person cannot be held another person. Then this email responsible for a meeting he did not is forwarded to a third person. I attend. If someone draws a likening have no knowledge whatsoever of to a person, for instance, as Mustata this email. However, based on this Sarıgül said, “My Prime Minister”, email, I am virtually implicated are simply ﬁ gures of speech; what of the murder of a man! we call a play on words. Yes, in the last email, which It is unclear why so much was read out, Ümit Sayın’s writing emphasis is being put on them. is sent to Doğu Perinçek and a However, more importantly, if person by the name of Hikmet I am an ofﬁ cial authority, and Çiçek gets it. This is unbelievable.

223 If this is accepted as evidence and, leaving hospital he continued as I am sorry to say, that it can be read Prime Minister for the next seven out in court like this, then everyone months and there are two important in this country is deprived of the documents in the ﬁ le, which must protection of the law and the legal be read and which will go down system. in history, as we are responsible in front of history. I am reading I have to admit that I ﬁ ercely it. It says, “Dear Professor Doctor object to such an email being read Mehmet Haberal, we thank you out during a cross-examination, for the close attention and care you because otherwise, it means that I have shown us and the well wishes should be afraid even to walk out you have sent. May peace be with of this door. This is not acceptable you, Rahşan Ecevit and Bülent because this person who is being Ecevit.”

…in the last email, which was read out, Ümit Sayın’s writing is sent to Doğu Perinçek and a person by the name of Hikmet Çiçek gets it. This is unbelievable. If this is accepted as evidence and, I am sorry to say, that it can be read out in court like this, then everyone in this country is deprived of the protection of the law and the legal system. charged here is a man who who I am continuing Your Honour. walked through dark nights with There is also a press release. When a light in his hand in Turkey. The you compare the press release with person, who is the subject of the email, how could you not freeze this crime, is Turkey’s Prime with fear. Minister. When the Prime Minister left this hospital, he Here is the press statement lived for another four and a half regarding Bülent Ecevit’s state years. You know the term, causal of health, “The postponement of relation, in law… my medical check-up at Başkent Hospital has been misinterpreted Furthermore, Your Honour, after by some members of the press. It

224 has been claimed that I have cut And with this, we are being faced my ties with Başkent Hospital. This with incriminating questions. is not true. I have told the hospital Furthermore, neither the question, authorities that if I continue to go nor the email is not in our ﬁ le. We to Başkent Hospital for check-ups, are ﬁ nding out about the email it will create all sorts of incorrect here and this is not right. So, we news in the media. We have leave this to your discretion. already started seeing signs of this. This is why I told the authorised Now, Your Honour and hospital staff that it would be more honourable members of the court, appropriate for me to postpone after discussing the wrongdoings my check-ups. At the same time, in procedure, I would like to come …the press statement regarding Bülent Ecevit’s state of health, “…I would like to, once again, take the opportunity to express my gratitude to the valuable specialists and managers of Başkent Hospital. Thanks to their contribution, my health is now very good.” This is what the Prime Minister is saying about the man who is being charged with being involved in an act against him. And with this, we are being faced with incriminating questions.

I would like to, once again, take back to the subject of Bülent the opportunity to express my Ecevit. I want to say this. We are gratitude to the valuable specialists being charged with three crimes, and managers of Başkent Hospital. which I will not go into in too much Thanks to their contribution, my detail, as I don’t want to abuse your health is now very good.” patience.

This is what the Prime We are being charged with Minister is saying about the man Clause 313, Clause 314. I would who is being charged with being like to start with Clause 314. Clause involved in an act against him. 314 constitutes the forming of an armed organisation in order to

225 realise grave and threatening crimes intimidation need to be carried out against the state as an entity. in a continuous and regular manner by the organisation. For this, there has to be an illegal organisation and During the cross-examination, this organisation has to be for the past two days, whatever our realised by a speciﬁ c number responses have been… and you of people. There needs to be a have asked some very important hierarchic structure within the questions, but are any of these key organisation. The organisation elements I have just mentioned has to act continuously and exhibited in my client’s actions? regularly and the person No. None of them are present. entering this organisation or So, it is not possible for me to being involved in its activities understand how the conclusion has to be aware of the aim of the has been reached to charge him organisation, therefore making with Clause 314. it a premeditated and deliberate crime. More importantly, we are also being charged with the former In the book written by Vahit Clause 146, presently Clauses 311 Baltacı, a member of the Supreme and 312. In other words, we are Court of Appeals, he says that the charged with attempt to destroy the members need to be aware of the Turkish Grand National Assembly existence of weapons within the and fully or partially incapacitate organisation. So for Clause 314 to the ability of its members to carry be valid, the organisation needs out their duties. to meet certain conditions. Also, Clause 220 gives a description of Clause 312, is to topple or what the organisation constitutes, destroy the government of the which is that it needs to have the Turkish Republic and to fully or ability to realise its aim. partially incapacitate its ability to carry out its functions. Not every organisation ﬁ ts Clause 314. Clause 220 sets out the Now, Your Honour, for this punishment for the organisation. crime to be realised, it is necessary Since Clause 314 deals with a for there to be preparations for terrorist organisation, all actions the organisation of a coup. I am of causing terror, threats and being very honest here, as we have

226 all seen, in Turkey, how student It is probably more correct to demonstrations happened. In this refer to it as their dreams. As well respect, we have all seen 21 May… as there being no coercion, as stated and 27 May and even 12 March. in Clause 311, there are none of Now, in these secret organisations the actions stated in 311 nor 312 of that time, there were a lot of present. It is impossible not to documents with regard to the coup. refer to Çetin Özek, with regard to There were plans for a coup. There reaching a convenient conclusion, were maps of houses and detailed in relation to this. Because in law, maps of the cities. it says “attempt”, but there has

…the Dialogue Group or the National Sovereignty Movement, far from trying to destroy the Turkish National Grand Assembly, their actions and dreams, are to try to move the Turkish Republic forward.

Now I ask you, forget been no action to lead to such a evidence or proof, is there even conclusion. any indication of a coup here?! Is there even the smallest of signs? There is nothing, so it is completely wrong for us to be There is not and more charged with Clauses 311 and 312. importantly, there is no coercion, It is also wrong for us to be charged but we nevertheless say, looking with Clause 314, as we have at Clauses 313, 311 and 312, that already pleaded to the court. there is attempt of destroying the We have stated the three Turkish National Grand Assembly important decisions made by the and of removing the government. Supreme Court. The Supreme These groups we are talking about, Court’s 9th Penal Chamber’s rulings like the Dialogue Group or the dated 19 April 2004, 25 May 2006 National Sovereignty Movement, and 17 July 2006, clearly state that far from trying to destroy the in relation to Clauses 314, 312 and Turkish National Grand Assembly, 311, there has to be actions present their actions and dreams, are to showing an intention to destroy try to move the Turkish Republic government authority. It continues forward.

227 to say that the evidence presented criticism of the indictment. The has to be credible and conclusive. prosecution is claiming in the In reference to this, the evidence indictment that some of these which has been presented in this non-governmental organisations case, such as generic statements, and political formations have cannot be used as evidence. to be accepted as, “steering opinion in favour of the illegal For the past two days, we organisation’s aims”. So, my have been focussing on generic client is supposedly steering statements. These are not certain individuals in favour of his evidence. They do not qualify as intentions. The individuals cited evidence. are Yaşar Okuyan, Party Leader of

…they went together to Atatürk’s mausoleum and placed a wreath at Anıtkabir. So, is placing a wreath at Anıtkabir considered an act of destruction towards the Republic of Turkey?

Your Honour and honourable the Nationalist Democracy Party, members of the court, my client Yaşar Nuri Öztürk, Party Leader is asked whether he knows certain of the Ascent of the People Party, individuals or not. It became Hasan Ataman Yıldırım, Party evident that he knew some and did Leader of the Modern Turkey Party, not know others. I am not going to Mümtaz Soysal, Party Leader of bring this up over and over again the Independent Turkey Party. and I don’t want to go into it in Amongst these names is a former too much detail. At the same time, Social Security Minister and it also became evident that some former Foreign Ministers. Do you documents and programme drafts, really think it is possible to steer taken from the TV channel studios, such people? As a surgeon, our had not connection to my client. I client has never had the means to will also not dwell on this point. steer or inﬂ uence such people.

However, there is an issue I In the same way, the example do want to highlight and which of Mustafa Sarıgül was also represents another source of discussed; and Abdüllatif Şener.

228 Abdüllatif Şener was the third being given to his testimonials. most important individual in My client has stated that there is Turkey. It goes to show that to animosity between them and that say that he was inﬂ uenced and to there are lawsuits currently running use this as evidence, is extremely against this individual. Also, unacceptable. although the Professor has never stated the names of all the doctors, We have talked about whether there is no reason not to give you my client did or did not attend this the list, in terms of transparency, in rally, with other university rectors, who treated Ecevit. I am saying this that they went together to Atatürk’s because only Mr Turgut’s name has mausoleum and placed a wreath at been mentioned and not the others. Anıtkabir. So, is placing a wreath These names are in our ﬁ le and they at Anıtkabir considered an act of are as follows: destruction towards the Republic of Turkey? He did not attend the Professor Doctor Sedat rally and was not involved in it Boyacıoğlu, in anyway. He went back to the hospital straight away. Professor Doctor Turgut Zileli,

At the same way, his Professor Doctor Ahmet relationship with Fatih Hilmioğlu Hatipoğlu, is said to be his way of setting Professor Doctor Atılay up his own cadre in the hospital. Taşdelen, However, in our documentation, among emails between Haberal Professor Doctor Nur Altınörs, 44 and rektör@inönü.edu.tr, it has been established that there is no Professor Doctor Füsun Öner such thing. Eyüpoğlu,

Now, let us come back to the Assistant Professor Doctor Ecevit issue for the last time. Cengiz Tuncay, First of all, we should not rely on Professor Doctor Emin Alp the testimonial of Recai Birgün, Niron, the former Head of Security and current Member of Parliament. Professor Doctor Haldun Clause 58 of the Criminal Müderrisoğlu Procedure Law prevents credit

229 Nine people treated Bülent by a single individual. You could Ecevit, on a daily basis, during not do it even if you wanted to. the ten days he spent in hospital. First of all, all their licenses would They worked hard to treat him, have to be cancelled. Then, in its every single day, to bring him place, you would have to apply for back to health. After that, these a new license. You are obligated people may have occasionally told to go through TRT (Turkish Radio Ecevit to be careful and not go Television), and it would cost out too often. you very large sums of money. Nobody would want to leave four Moreover, what did Recai TV stations. Some of these are Birgün say in the most recent state-owned and one is a national statements he gave? He said TV channel. A national TV station that they left hospital; that he would never want to lose its had brought a close friend of national image. Furthermore, İlhan his who conﬁ rmed that he had Selçuk, Mustafa Balbay and Kemal recovered and that his back and Alemdaroğlu have all denied this spinal collapse had recovered claim, saying, “There is nothing of completely. This means that the sort. Where did such an idea Ecevit’s condition had improved, come from?” that he had recovered, and that is how he left hospital. Your Honour, with regard to this alleged crime relating to Furthermore, claims that Clauses 311, 312 and 314, there Channel B, ART, National Channel is a report dated 1 April 2010, and Kanaltürk TV stations were which we submitted to the court. I going to be re-organised and re- was intending on reading this full staffed under a new TV station report, but it will take too much of called Republic TV, under the your time. So, I would like to read direction of İlhan Selçuk, if out the last two paragraphs, which you’ll excuse me, is completely are short. imaginary. The patient being discussed is Your Honour and honourable our client and it goes as follows, members of the court, I know how “The patient’s anti-angina treatment a television station is set up. It is for vasospastic angina, combined not possible for four TV channels with his triple treatment for the to be joined together and be headed diagnosis of reactive depression

230 and anxiety, is currently being his arrest have caused him to be in continued under the supervision of this situation of deteriorated health. the doctors at Cerrahpaşa Medical It is worth pointing this out. Faculty’s Psychiatry Unit. The patient’s vasospastic angina, his Your Honour, I would hyperthyroidism and his psychiatric like to request this from your condition could trigger serious committee. Our client’s testimony cardiac arrhythmia. The effect and was taken yesterday and today. possible side effects of the new anti His life is at risk. He has a fi xed arrhythmia medication which will residence. On six occasions, we, be administered could….” and so it resolute lawyers…you might continues. laugh at this description, but we are resolute lawyers. We have On the fi rst day of the hearing, pleaded numerous times for the you had briefl y stated something release - eight times, to be exact – that made me say to myself, just for the release of our client. And like there are judges in Berlin, this all these eight times, our plea was court has a presiding judge who rejected on the basis of a two to one really knows the law. You had “dissenting opinion”. stated the words, “Mehmet Haberal is under the risk of sudden death.” I do not know the names, or the This is the description given in registration numbers of the judges these two paragraphs. who gave a dissenting opinion. However, the judges have shown I have expressed this already that there is no evidence preventing once before, Your Honour and his release. honourable members of the court. A certain medication is administered. Your Honour, honourable It produces an effect and does not members and of course the always cure. That effect creates a esteemed prosecution, I have a reaction and a second or third new friend. He is a renowned brain symptom is experienced. surgeon by the name of Professor Doctor Cengiz Kuday. If today, In Turkey, my client is a high-school students go to renowned surgeon who has trained, Çanakkale, it is because Cengiz I don’t say hundreds, but thousands, Kuday has started it 15 years even tens of thousands of doctors. ago. We studied at university Unfortunately, the past 356 days of together. One day, I said to Cengiz,

231 in a friendly conversation, how out and humanity is losing out. I am successful and good his operations saying this with utmost sincerity. were and how hardworking he was. That is because, like our Professor, Just the other day, one of my Cengiz Kuday goes to hospital at 6 close relatives, who had to go to am and leaves at around midnight. Haydarpaşa Numune Hospital, was He replied to me, “You also work telling me how he had suffered, long hours. We have to work hard. waiting in the hospital’s corridors. We have to learn new things.” I am Then, he told me that when he telling you this now, because he had gone to Başkent University’s told me something I did not know. Hospital at Bağlarbaşı, without my He said, “Every three minutes a knowing, he had been treated like a new medical discovery happens in real human being. the world. We need to learn these For this reason, we should not leave the 100,000 people at Başkent University and the 850,000 people at Başkent University Hospital abandoned. Don’t let this process drag for much longer. and we have very little time. We Now, let us not lose these need to be able to be up to date. commendable establishments, There is no other way that I can because in Turkey, unfortunately, keep up with these developments.” such establishments depend on I am telling you this because such individuals. In Turkey, we have just lost 356 days. we don’t have institutions and Your Honour and honourable establishments. In Turkey, we have members, this man who can part people and these people can either a liver, during this time, might render an establishment successful have discovered how to divide a or not. For this reason, we should pancreas, he might have discovered not leave the 100,000 people at how to split a kidney into two Başkent University and the 850,000 parts or even four parts and apply people at Başkent University it to his surgeries. Because of this Hospital abandoned. Don’t let this Turkey is losing out. We are losing process drag for much longer.

232 Why am I emphasizing on this This is my case, Your Honour. point? It is because it is only after Thank you. a year that we were able to come before you, the judges. Before that, Defence Counsel, Dilek we could not have any contact Helvacı: Your Honour, we do not with you. We could not remove the have anything to add. We agree Professor from behind the closed fully with the statements made by doors of his room. He had also our colleague, Köksal Bayraktar. mentioned earlier, that he has not I would just like to make one seen daylight for the past 365 days. ﬁ nal point. Your Honour and If you see him now, his face has honourable members of the court, become very pallid. the reasons your esteemed court Now, the reason I am saying has given for its continuation of this is because of this Your Honour. the detainment of our client, has Of course, every court has its been that there is strong suspicion procedures and you have yours. against our client and that some What is your procedure? It is to defendants have not yet been accept pleas and requests until questioned. Friday and then to take a decision We hope and believe that the on Friday. two-day questioning and cross- So, my client whose life examination of our client has is at risk, has given evidence completely eliminated this strong and answered, in detail, all the suspicion. Now that our client’s questions of the cross-examination inquest has been completed, we are over the past two days until his in the belief that the reasons for his face has virtually gone red. He has detainment have been cleared. given us lessons from the Quran Your Honour, we request from and elaborated on his responses your court, in whose impartiality with quotations from Atatürk and and justice we believe, to, rightly, İnönü. If you agree and accept that take into consideration our client’s it is within your procedures, we arrest for the past year and his life- respectfully request that the process threatening medical condition and for his release be initiated today grant him his release with judicial and that a decision be taken on this control. Thank you. plea.

233 Defence Counsel, Belgin Özersin: I also agree with my colleagues’ views and request the release of our client.

Presiding Judge: You have listened to your lawyers, to their narration. Do you agree with their statements?

Professor Haberal: Thank you. Your Honour and esteemed Prosecution, I agree with the words of my lawyers.

234 Further to Professor Doctor Mehmet Haberal’s cross- examination and defence between 05 and 06 April 2010 at Istanbul’s 13th High Criminal Court and his lawyers’ plea for his release, the court, in its 53rd session on 09 April 2010 concluded its interlocutory judgement number 16.

Mr Köksal Şengün, Presiding Judge with registration number 20909, despite the existence of dissenting opinion, gave the verdict in favour of his release for the following reasons, “The nature and characteristic of the crimes which the defendant, Mehmet Haberal is being charged with; the lack of evidence in his ﬁ le; his statements during his defence; the probability of elimination of the serious characteristics of his charge; his social and professional status; at this stage, the unlikelihood of his escape, hiding or spoliation of evidence; the achievement of the expected aim of his detainment; his age and in case of necessity the possibility of asserting judicial control.”

Member Judges, Judge Hasan Hüseyin Özese, registration number 28298 and Judge Sedat Sami Haşıloğlu, registration number 37266, with a two-to-one majority vote, rejected the plea for Mehmet Haberal’s release and gave the verdict to continue his arrest, citing the following reasons, “The serious scope of the case; the various charges pressed against each individual defendant and the applicable Clauses governing these charges; the fact that the required evidence has not yet been obtained; the continued presence of reasons supporting strong suspicion against him and the fact that these crimes are cited within Clause 100/3 of the Criminal Procedure Law.”

235 Further to his cross-examination and defence for his release, as covered in this book, and despite dissenting opinion among the panel of judges, the decision taken with majority vote in favour of him remaining under arrest, Professor Doctor Mehmet Haberal still cannot understand exactly what he is incriminated with and what this strong suspicion against him is. Despite him not carrying a risk of escape or spoliation or destruction of evidence, for over a year Professor Mehmet Haberal has still not found out why he remains under arrest. He is a respectable, world renowned surgeon, who is searching for the answer to the question he continues to ask on a daily basis, “What is my crime?”

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