(Lavvyer) Serdar ÖZTÜRK TCKN: 186891076

TUR KIS H REPUBLIC
SUPREME COURT OF APPEALS PROSECUTORS OFFICE
The Criminal Complaint:
(Lavvyer) Serdar ÖZTÜRK TCKN: 18689107606
No: 1 L Type B Block No: 3 SİLİVRİ/
İSTANBUL
The people who were complaints:
1) Sadullah Ergin:
Minister of Justice
2) Beşir Atalay: Interior Justice (on the date of erime)
3) Binali Yıldırım:
Minister of Communication and Transportation
Ministries Ankara
4) Metin Özçelik
Judge of İstanbul
5) Sedat Sami Haşıloğlu
Judge of İstanbul
6) H. Hüseyin Özese
Judge of İstanbul
7) Hüsnü Çalmuk
Judge of İstanbul
8) Fatih Mehmet Uslu
Judge of İstanbul
9) Nihat Topal
Judge of İstanbul
10) Ercan Fırat
Judge of İstanbul
11) M. Ali Pekgüzel
Public Prosecuter of İstanbul
12) Resul Çakır
Judge of İstanbul
13) Turan Çolakkadı
Public Prosecuter of İstanbul
14) Rüstem Eryılmaz
Judge of İstanbul
15) Fikret Seçen
Public Prosecuter of İstanbul
16) Nihat Taşkın
Public Prosecuter of İstanbul
17) Ömer Diken
Judge of İstanbul
18) Ali Efenedi Peksak Judge of İstanbul
19) Murat Üründü
Judge of İstanbul
20) Hüsetin Kaplan
Public Prosecuter of İstanbul
21) Savaş Kırbaş
Public Prosecuter of İstanbul
22) Zekeriya Öz
Public Prosecuter of İstanbul
İstanbul Court ofHouse Beşiktaş / İstanbul
23) Ali Fuat Yılmazer
Law enforcement official
24) Mutlu Ekizoğlu
Lavj enforcement official
25) Muzaffer SoygüdenLaw enforcement official
26) M. Kılıçarslan
Law enforcement official
27) A. Akça
Law enforcement official
28) T 3413961 - T 3418013 - T 3413350 - T 3421450 - T 3421000 - T 3480785
T - 3411493 - T 3457715 - T 3420561 with the number TEM wire - tapping officials and 202847,
278288, 262224 with the registration number john doe İEM officials.
29) Mustafa Eren
La w enforcement official
30) Hasan Yüksek
Law enforcement official
31) Embiya Kılıçle
Law enforcement official
32) Ramazan Akkan
Law enforcement official
33) Serkan Şimşek
Law enforcement official
34) Mehmet Yayla
Law enforcement official
35) Metin Ertem ur
Law enforcement official
36) A. Özer Dem i re I
Law enforcement official
37) Ali Yılmaz
Law enforcement official
38) Ahmet Kaya
Poliçe Department - Ankara
44) Basri Aktepe, (on the date of erime, TİB officer)
45) Fethi Şimşek, (on the date of erime, The president of TİB)
Presidency of TİB - İncek - Ankara
46) Altay Tokat
47) Selim Erçelik
Civil Person
48) Müslüm Nalbant
Civil Person
49) Mahmut Hazıroğlu
Civil Person
50) Kemal Gergin
Civil Person
51) Ayşegül Hüma Babuna
Civil Person
52) Aylin Atmaca
Civil Person
53) Adem Arştan
Civil Person
(The addresses of civil persons a re in the attaehment)
54) Legal entity of Zaman Paper
55) Legal Entity of Taraf Paper
56) Legal Entity ofSTV (Television Brand)
57) Mehmet Baransu
58) Emrullah Uslu
59) Önder Aytaç
60) Şamil Tayyar
61) Nazlı Ilıcak
62) Rasim Ozan Kütahyalı
63) Faruk Mercan
64) Hüseyin Gülerce
65) Nagehan Alçı
66) Mümtaz'er Türköne
67) The president and the member of supreme board ofjudges and prosecutors who do not give
enquiry permission about the offender specially authorizedjudges
and prosecutors and protect the
criminals (their identities must be determined from the file)
68) C. Halik İnce
69) Haci Mehmet Akın
70) Hüsetin Bülent Üner
71) Lokman Başer
72) Halit Kıvrıl
73) İbrahim Ataman
The inspector of Minister of Justice on the date of erime - Court ofAppeals Bakanlıklar/
74) John Kunstadter
Bebek/ İstanbul
75) Jason White
TTIC officer
76) Mehmet Eymür
Princess Otel Beşiktaş / İstanbul
Ankara
77) Secret vvitnesses who are known their identities
78) The denunciators who are not known their identities
78) The other suspects who are not knovvn their identities
Crimes: 1) Crime against humanity by deprivation ofliberty more than one person with the political
and religious inducement. Turkish Criminal Law .md.77 and 78
2) Military spying TCL Md.328
3) Deprivatiorı of Liberty more than one person TCL. 109/1 - 2(d) and 4
4) To complicit in illegal telephone tapping
5) Provide the information about Government security
6) To use the forged official paper
7) Toforge a document
8) To violate the right of privacy
9) To malign
10) To insult Turkish Armed Forces
11) To suppress the evidences
12) Disclosure of the secret mission
13) To violate the confidentiallyofthe
investigation
14) To help a criminal organization by knowingly or intentionally
15) To misconduct
16) To violate the constitution many times
17) Torture
The Date of Crime : since May 2006 (in course of)
Subject: initiation of public prosecution
Explanations:
1) I am stili standing trial at İstanbul 13,h High Criminal Court with the file principle
no 2010/106 as accused and PRISONER.
2) The suspects Sadullah Ergin was Minister ofJustice, BeşirAtalay was Minister oflnternal Affairs,
he was responsible for the polices who forged the documents on the crime date. Binali Yıldırım was
Minister of Communication and Transportation responsible for the TİB. Rüstem Eryılmaz, Metin
Özçelik, Ömer Diken, Sedat Sami Haşıloğlu, Murat Üründü, Hasan Hüseyin Özese, Hüsnü Çalmuk,
Ali Efendi Peksak, Fatih Mehmet Uslu, Nihat Topal and Ercan Fırat Judge of İstanbul, M. Ali
Pekgüzel, Nihat Taşkın, Zekeriya Öz and Fikret Seçen are specially authorized prosecutors.
3) I am attorney at law who joined the trials at criminal courts. I have to clearly explain that I
haven'tseen such an investigation and judgment in my life. The investigation at the special
authorized courts does not have any relation about struggling the gangs. I wish it has. But
unfortunately, it is understood that, there is not any target about struggling the gangs. The only
reason that I was arrested; I reached the tangible proofs that the investigator poliçe officers were
military spies in favor of U.S.A Government. Because of myphone calls and e-mails were follovved,
some of the poliçe officers sneaked to my law office and put some documents and bullets on
03.06.2009 and I was arrested on 07.06.2009 by İstanbul special authorized court ll'h Criminal
Court substitute member Metin Özçelik. The names of the officers who sneaked to my law office
vvere stated to the relevant official authorities and the court.
I regret to inform that, there are some strong facts that show us, the offender poliçe officers are
not alone and some of the prosecutors and judges who were complained, are protected clearly by
Minister of Justice and the supreme board of judges and prosecutors. Under these circumstances, it
is obvious that person's legal security, constitutional law government and prestige ofjudiciary
system are threatening. No one in that country can object to struggling of gangs. Hovvever it is
understood that ali of these not about struggling of gangs.
4) THE FACTS THAT SHOW US SOME OF THE SPECİAL AUTHORİZED PROSECUTORS, JUDGES AND THE
MEMBER OF SUPREME BOARD OF JUDGES AND PROSECUTORS İN BEŞİKTAŞ COURT HOUSE İN
CLOSE CONNECTİON WITH COMMITAN İLLEGAL ACT:
a) Both in the process of investigation and after starting the prosecution, three hundred criminal
complaints had done about the special authorized prosecutors and judges who work in Beşiktaş
court house. That such kind of a situation has not seen in any other court houses before. İt is not
normal that the investigations about them have not finished for four years. Therefore, there are
strong facts that, ali of the complaints about these prosecutors and judges were swept under the
carpet by the supreme board of judges and prosecutors.
b) Although there were vvritten request about collecting and putting the evidences in the file about
the prosecutors and judges, the evidences was not put in the accusation file. Because of that it was
made denunciation about relevant prosecutors and judges. Especially the evidences, which shovj
the U.S.A citizens were involved the case, does not collected.
c) Although I reguested ink analyze to show up the wet signature isfake, it wasn't done.
d) We deciphered Aylin Atmaca and Ayşegül Hüma Babuna who were sneaked to my office and
vvorkedfor an illegal organization in the poliçe department, were not investigated although our
vvritten request. At the current situation, it is shown that the two women were involved these
events. There are some tangible proofs like that;
aa -Ali the lawyers, who were visited by Ayşegül Hüma Babuna and Aylin Atmaca, were arrested,
by putting evidences in their la w offices. This is not normal for natura! flovv of life.
The lavvyers who were visited by Aylin Atmaca and Ayşegül Hüma Babuna; Mustafa Levent Göktaş
and Hüseyin Buzoğlu (Ankara Bar Association) were involved "Ergenekon Investigation". The two
vvomen put CD - DVD orflash disk in their law offices. The other lavvyer Vural Ergül suspicious of
vvomen and didn't make any appointment in his law office, after meeting in another place, he
thought that something is wrong and because of that he closed his office for a long time. Hüseyin
Buzoğlu also suspicious of vvomen and he nearly sent them away from his office. When the vvomen
enter the office their first guestion was if there was any hidden camera or audio surveillance at the
office. İt is obvious that, it vvasn't an ordinary client - lavvyer meeting. Therevvithal, no one
introduces herselfas someone else and demands an appointment from a lavvyer.
bb - The vvomen's phone numbers vvhich was vvritten on their cards, were not belong to them. İt is
not normal that, a person vvho lives in a legal frame does not use someone else's phone number.
The vvomen visited us on 18.05.2009 and gave us their personal cards, but it is understood that, the
phone numbers are not belong to them. The number O 539 498 27 63 was vvritten on Aylin
Atmaca's personal card, but it is belong to a name as Ebru Taşan and the other number on the
same card O 535 29310 92 is belong to Hasan Genç. The number O 533 723 58 63 vvas vvritten on
Ayşegül Hüma Babuna's personal card actually is belong to Seda Caymaz and the other number O
535 292 87 59 is belong to Fırat Yılmaz.
Hovvever, our vvritten and oral requests, there vvas not any investigation or examination about
these two vvomen. On the other hand some of the voice recordings deleted, vvhich I sent to Ayşegül
Hüma Babuna's phone number O 533 723 58 63 on 02 June 2009. That is not normal.
cc - The defence that l'd done in the court, took place three times in the media, the suspicious sent
explanation for two of them but they couldn't blame me for any reason.
My claims about Ayşegül Hüma Babuna and Aylin Atmaca took place in several media organs. Mr.
Sebahhatin Önkibar vvrote an article in his column on 06 October 2010 about Adnan Hoca. I sent
him a fax through my lawyer to Mr. Önkibar, and according tofax he vvrote in his column 'Alarm
vvhich is coming from Silivri' and pressed some information about these two vvomen. The part of
these women from my book was published in Yeni Çağ Gazetesi and Oda TV.
Ayşegül Hüma Babuna and Aylin Atmaca sent explanations about my claims on October 2010 to
Yeni Çağ Gazetesi and on May 2011 to Oda TV. Hovvever they sent their explanations, they did not
sue for damages againstme ormade a denunciation on the grounds that calumny.
I was obliged to make a denunciation to supreme board of judges and prosecutors, because they
lost ali the evidence about these tvvo women. I reported a erime to Chief Public Prosecutor's Office
and their file numbers are 2010/825. Before the trial they vvere invited by the Prosecutor, although
they vvere at the court house in Ankara, they didn't accepted. They indicated that, they will testify
in İstanbul. İt is obvious that, they are aware of the evidences against them.
II - The Evidences vvhich vvere found out later
Here are thefindings, during the prosecution process, the voice recordings vvere sent by TİB
(Telecommunications Administration) was added to the file:
aa - İt was found out that, the person who called me on 18.05.2009 at 15.55 from the number 0532
772 77 20 vvith İD number 485591344 said me "I am Ceyda Ertüzün, my sister is in Ankara right
novj." and demanded an appointmentfrom
me. But it is found out that, the person who called me,
not "Ceyda Ertüzün", she was in person "Ayşegül Hüma Babuna".
bb - İt is understood from the information Telecommunications Administration, the telephone
number that Ayşegül Hüma Babuna called me as 'Ceyda Ertüzün' 0533 723 58 63 was signaled from
Ankara İzmir-1
cad. (Kızılay).
cc - İt was the same person that called me as Ayşegül Hüma Babuna on 01.06.2009 at 15.15 and
the second cali on 18.05.2009 at 15.55 introduced herselfas 'Ceyda Ertüzün' Voice frequency is like
finger print. No one's voice fregueney is the same, it can be proved.
dd-lt is understood that, the voice recording about the conversation betvveen me and my
secretary vvhich vvas done on 03.06.2009 at 15.10 vvith the registratiorı number 497527904 in
Telecommunications Administration vvas deleted. I vvas talking about, sending sms to Ayşegül
Babuna on 02.06.2009; she saw my message too late because of that she could not ansvver me.
ee- İt is obvious that, most of the judges and prosecutors signed the empty paper as court
decisions. Ali the operations vvere done, according to Poliçe Departments' own targets. Although
ali of these evidences, the supreme board of judges and prosecutors did nothing about it. Later on,
it isfound out that these poliçe officers gave briefing to the Embassy of U.S.A.
f-Although I informed the court about, putting the fake documents (ending Fethullah Gülen and
AKP) organization to my law office (Ali Fuat Yılmazer, Serkan Şimşek, Metin Ertemur, Abdullah
Özer Demirel, Ali Yılmaz, Bilga Murat, Ahmet Kaya, Nurhan Çavuş, Mehmet Avni Şahin the civil
persons, Selim Erçelik, Müslüm Nalbant, Mahmut Hazıroğlu, Kemal Gergin and Altay Tokat) the
court did nothing about it. İn addition to their names, I also indicated their phone numbers.
g - Although our vvritten request Ali Fuat Yılmazer's phone records vvere not found and
investigated. He directed the operation of sneaking my law firm and it vvas reported by Prime
Ministry Inspection Board that he vvas responsible for Hrant Dink assassination.
h -1 explained in detail to Chief Prosecutor of the Republic Şadan Sakınan vvith a document 52
pages about military spying claims. I requested the poliçe officers' identities who put the no:51
DVD - about military spying - to M. Levent Göktaş's law office. I vvas threatened by some of the
poliçe officers. One of the poliçe officer who works at İstanbul TEM section, told to my friend
Lavvyer Seyhmus Aslan (Mardin Bar Association) "l/Ve know that, you are directed by Sedar Öztürk,
he will be also our guest here." Although these threats, I continued advocacy. Follovving to these
events, Ayşegül Hüma Babuna and Aylin Atmaca who are knovvn as follovvers of Adnan Hoca, came
to my lavvfirm under color ofto take legal advice from me. But their aim vvas to discover my office.
When I vvas out of the Ankara forfour days betvveen 02/06/2009 - 06/06/2009, by engaging Kemal
Gergin - the doorman, the poliçe officers Serkan Şimşek and Metin Ertemur who vvork for Ankara
Tem section entered my la w office and put some top secret documents vvhich vvere stolenfrom
General Staff, bullets and documents vvhich is knovvn about 'The plan of ending AKP and Fethullah
Gülen'.
I -İn thefirst place, I mean during the custody, I gave a petition to the special authorized prosecutor
on 06.06.2009 and I indicated that they are not belong to me, I demanded finger print analyze.
Although I insisted on finger print analyze, nothing had done about it.
J - After official writterı accusation, I indicated illegal telephone tapping, forging documents, the emails vvhich are not actually not belong to me vvere added to myfile. Because of that, I made many
criminal complaints about TİM officers and poliçe department officers.
K -According to investigation report, vvhich was vvritten by İstanbul Poliçe Department TEM section
on 30/12/2009, I met Teoman Alili for two times vvho haven't seen in my life before (later
according to HTS reports, it was understood that not correct) again in the same report it claimed
that in the 17th section, I have met my client Dilek Bozkaya 2432 times betvveen the dates
30/01/2007 and 14/06/2009. (Hovvever I didn't know Dilek Bozkaya in 2007) According to fake
telephone tapping records betvveen the dates 04/03/2009 and 04/06/2009, it seems that I have
done 180 phone calls. But latterly it is understood that, actually I have done 50 phone calls, the
other 130 calls are fiction phone calls.
L-İn the same file, according to a CD vvhich was confiscated from İlyas Çınar, I a m a mason. The
images are used for the two different files, but it can be easily understood that, the two images
colors are totally different from each others. According to technical legal experts' reports, it is
understood that, after confiscation the No: 51 CD, the context was changed and "4.096 byte" data
was loaded.
M-İn the same investigation, it vvas decided that, my e-mails would befollovved. But the e-mail
address vvhich is not belong to me serdarozturk@gmail.com actually belongs to Eyüp Sedar
Öztürk's e-mail wasfollowed. His e-mails vvere put in the file as evidence. The reason for that
situation is; normally the poliçe officers knovv my e-mails because of the telephone tapping.
fserdarozturk68@gmail.com, avukatserdarozturk@gmail.comj. My two e-mails vvere
vvritten in correct way by a technical officer, but theysavvjust my professional e-mails vvhich I
received and sent to my colleagues. Although this situation, they put Eyüp Serdar Öztürk's (his I.D
No: 26920964918) e-mails to the file as evidence as if my e-mails.
N-ln the same court and principle no, İstanbul Poliçe Department officers recorded telephone
tapping, vvhich I have made vvith my vvife Merve Öztürk, my big sister Rüya Öztürk Yıldırım, my
mother Başak Öztürk and many phone calls vvith the İD number: 440907737, 451731528,
457416532, 486755800, 495607246, 431914389, 431938943, 433575265, 436551927, 446857253,
449366356, 41697902, 451732763, 458116949, 458573192, 462540356, 467437511, 467582987,
467606052, 495317580, 431255309, 441956761, 447119542, 447123702, 447144741, 447151317,
447189528, 447713901 and 448477081. These telephone tapping is totally illegal, because client
and lawyer phone calls vvere recorded illegally.
O - The chiefsupervisor of civil service Ferda İleri and Mustafa Uçkuyu reported the Former
President of Intelligence Service Sabri Uzun' testify on 20/09/2010 about the activities of the crime
enterprises. İn addition to this, President ofAssembly Cemil Çiçek dravv attention to Fethulah
Gülen's activities in the interview on 2007.
5 - Thereby, it is certain that, the poliçe officers did ali these things on purpose. We vvere obliged to
make a denunciation about the Chief Prosecutor of the Republic because; the poliçe officers can not
actualize ali these things vvith out Chief Prosecutor's knovvledge. The other question that should be
asked, if there is really a terror organization, why the poliçe officers forge documents? Of course,
the ansvver for that is, there is not such a terror organization.
When vve vvere def ender of the Lavvyer Mustafa Levent Göktaş, we submitted a petition and it is
said to be 'If the investigation will be done contrary to law, the Judiciary system's prestige will be
destroyed in the future. What vve said three years ago about 'Hrant Dink Trial Decision' is became
true today. We think that nobody has right to do that.
6 - Even I don't have any gun or bullets the fake documents had been found out, vvhich vvere put by
poliçe officers actually. Immediately after, on 14.06.2009, Fethullah Gülen sent an explanation
from USA and said by crying that 'How can they do it to us? Our children have not even any pin'.
Everyone vvho is from different religious or culture can easily understand that, everything is a
planning game. Because of that, the trials are making in silence. İt can be said that, ali these things
are not about İslam. I am trying to vvarn the people, not to be an instrument of these people.
7-After
these expianations, 'Ergenekon Project' should be summarized, to be understood well. The
trial is knovvn as 'wet signature'. Hovvever, USA is in an operation also. The USA's aim and target
has to be brought into open. İn such a way that;
Case of Ergenekon(Project)
After the cold vvar, on 1991, USA occupied lraq in order to capture the oil reservoir but they could
not reach their aim due to a mistake they made. At the same period, Turkey vvho vvas struggle vvith
PKK terrorism, acquired concrete evidences that Americans as part of Provide Comfort/Çekiç Güç
had provided virtually support to PKK terror organization. Beginning from that USA vvas seized the
control and they used this organization as a pavvn in order to found a Kurdish state in Northern
lraq. Presently, PKK and their political continuations are under the control of USA.As vve vvill
mention later, the aim of America is to provide the security of Israel by aggregating the Kurdish
regions in Northern lraq and around by means offounding a Kurdish state, and by capturing the oil
reservoirs, mineral deposits and pasture springs. The most important obstacle is the Turkish Army
vvhich is the only povver in the capability ofacting independently. Thusly, on 1995 by "Steel
Operation", Turkish Armed Forces prevented the "Puppet Kurdish State Project" vvhich vvas
decided to be founded by USA and Israel at that period. This operation is another Vietnam debacle
for USA. Some military officers and generals in Turkish army who are Kemalists and anti
imperialists, had view of searching for alliance vvith China and Russia vvith in the context ofsecurity
projects so that they vvere seen as enemies by USA because this vvould be vveakened the power of
USA in the world. Thusly, on 2000, in TBMM, a CİA offiçer John Kunstadler enounced that "
Kemalism is the most important obstaclefor USA" vvhen he visited Mehmet Bekaroğlu vvho was
deputy of RP .Consequently, although Kemalists and Kemalism is never enemy of İslam, vvere
alvvays are leveled off USA and Congregations vvho are the collaborators of USA. From that time,
Americans vvere alvvays planned Turkish Army to be collapsed.The ma in reason of Ergenekon
Organization Project vvhich is produced virtually vvith forged documents is this.As it is understood
by the Wikileaks documents vvhich was published, Political will and Turkish Army could not stop
this operation due to an international threat .But this not a right method. İt is understood that USA
w ant asymmetrical internal disorder in Turkey in the recent daysjust like before 12 September .The
Alevvi citizens' doors vvere marked in some cities, some political murders, creating artificial
polarization, Uludere event.
On the other hand the things vvhich vvere done today, can not be explained as alteration because at
the beginning of2000, Everybody in every political vievvs, ethnic origin and denomination vvere
tired of the people vvho gövem the country, despaired them and the regime was discussed. İt is also
not an exaggeration to say that the regime of Turkey vvhich Atatürk vvas founded, had changed at
the beginning of 2000.Turkish nation alvvays support the positive changes and as from overall
tendency they defend that the changes should be done by protecting the spiritual values.
Accordingly, today it is not possible to cover the things that vvere done under the mask of ' judicial
process' and the crimes that vvere committed as ' settlement of the old state' 'settlement of the
defenders ofstatus quo'. Religion is not at the disposal of any political party or congregation,
actually Mustafa Kemal Atatürk is the one vvho expressed that Turkish nation should be religious
and should protect the spiritual values. Real Kemalist person both let nobody's faith also never
have the makings of the faith in politics, shovving and individually has sincere faith. If it needs to
explain, Ergenekon documents vvere firstly published by FEHMİ KORU vvho vvas dismissed by the
management of Yeni Şafak journal.
Then these documents vvere procured by Tuncay Güney vvho vvas taken into custody on March
2001. İt is exposed that the source of the said documents vvere Americans because it is revealed
that on 2000 JOHN KUNSTADTER vvho is the parliamentary secretary in the Embassy of USA in
Ankara and alleged to be an officer in CİA, vvas revealed that TUNCA Y GÜNEY vvho vvas the private
secretary of FETHULLAH GÜVEN and send him to USA on July 2000. He stayed there for 9 days and
then he returned back to Turkey, in continuing period, it is revealed that he gave the Ergenekon
documents on March 2001 follovving his internment to the poliçe and although it vvas not asked,
specially charged seems like to teli these stories and told Ergenekon story. Undersecretary of MİT
Şen kal Atasagun, special authorized attorney general Aykut Cengiz ENGİN, Poliçe intelligence
bureau secretary Sabri Uzun vvere not taken any action because it is understood that the
documents vvhich vvere caughtfrom Tuncay Güney and hisfriends vvho vvere engaged by
Americans, vvere fake.
Media director of the organization vvas seen the vvriter of Zaman Journal' HÜSEYİN GÜLERCE'ln the
parts of the documents vvhich vvere not opened .Merely this knovvledge shows that the documents
arefake and produced, tried to be transmitted to the judicial authorities directed towards special
aims. On 20th September 2010, the Intelligence head of that period SABRİ UZUN told in his
statement that he gave to the inspectors ofSecurity General Directorate that that documents vvere
brought on 2001 and 2006 to him for 2 times but it vvas clear that these documents and the other
knovvladges vvere fake for this reason they did not take any action and also told that they did not
begin to this operation on 2001 and 2006because the people vvho make this operation today vvere
not deceived by themselves. İt is clarified that a course of 'procreation of evidence and creation of
quilty" vvas given to sme security officers on 2006, also on 2007 40 policemen vvere given locksmith
education by the department of anti-smuggling and organized crime(KOM), likevvise the judges
and prosecutors vvho will attend to the investigations and prosecutions vvere educated by an
American prosecutor' Susanne Hayden' before the investigations, Mehmet Eymür, after he retired
from MİT, vvhile he vvas giving courses in ClAfVirginia ), vvas come to Turkey hastily and made
negotiations vvith Ali Fuat Yılmazer and Mutlu Ekizoğlu vvho vvere charged vvith Ergenekon project
in General Directorate ofSecurity of İstanbul on February 2007 in Princess hotel in order to apply
this project.
At the period that I vvas the lavvyer of SABRİ UZUN, he said to me "follovving the refusal of the
documents on 2006, the vice president of the poliçe intelligence bureau- RECEP GÜVEN- vvho
brought those documents to him told that he met vvith the directors of TEM and intelligence officer
as staff section chief in General Directorate ofSecurity of İstanbul, he vvas follovved, Recep Güven
told these officers they have a project, this project is knovvn by only certain constables therefore
they vvill be appointed to the General Directorate ofSecurity of İstanbul in order to apply this
project and he vvill appoint the constables vvho vvill carry out this project for this reason they should
not be nurtured enmity tovvards him. Follovving this conversation Ali Fuat Yılmazer and Mutlu
Ekizoğlu vvas appointed to General Directorate ofSecurity of İstanbul in order to carry out the "
Project of Ergenekon" after Sabri Uzun was dismissed and before hand grenades vvere founded in
Ümraniye.
Novv in present situation, it is revealed that İBRAHİM ŞAHİN vvho vvas alleged that he vvas the
leader of the assassination cells and has DEMANS illness (can not move voluntary ), his vvill povver
vvas seduced by MİT officers and it is clarified that it vvasfictionalized by the people engaged by
MİT officers. The identifications and the photographs of the MİT officers vvere confirmed during the
case. İt vvas declared by accused vvho vvas get into the bombing of Cumhuriyet Journal that the
polices made him to do this and the polices paid money in to his grandmother for this event and
this vvas declared concrete names.The CD vvhich vvas the most important evidence of council of
state case vvhich could combine these 2 cases and it got lost in judiciary checkroom in courthouse of
Beşiktaş vvhen it is understood that it belongs to MEHMET EYMÜR also the DVD no 51 vvhich is the
only reason of the arrestment of Mustafa Levent Göktaş vvho is the accused of this case and the
only evidence against him. This DVD vvas broken in judiciary checkroom after the photograph of
the policeman vvho put it there, vvas given to the public prosecution office of Ankara .
Ali these events shovvs that there is not any judicial process, the people vvho have certain political
and religious vievvs vvere chosen as a target by a criminal enterprise consisted of some security and
MİT officers vvho vvere engaged by Americans, by putting evidences in to the offices, houses, cars
or by not giving the copies of the confiscated devices ofdigital data storage just like CD, DVD,
FLASH DISC ete... to the suspicious and their attorneys in defiance ofprocedure
law, the people who
vvere chosen as target arrested and they were forced to be awayfrom their freedom.
Within this period again it vvas denunciated about a broadcasting Corporation (Samanyolu TV)
vvithin the intention of creating a perception as if there is an organization by using the technique of
"25th square" and putting this perception in to the public's mind. Broadcastings vvere made and the
books vvere vvritten by some journalists and journals vvho vvere presented as suspect, consciously
tried to shovv a fake organization if it is real and they aimed at creating a social perception.
İt is certain that these organized activities are " commit an illegal act against humanity" vvithin in
the context of Turkish Criminal Code article 77 and 78. İt is necessary for everybody vvho helps this
criminal enterprise to knovv that there is no preseription on committing an illegal act against
humanity, these crimes are beyond the scope of amnesty vvithin the context of international
agreements, they have no thing to do vvith the humanity or islam.
The Case Knovvn as "Action Plan against the Reactionary Forces" in Public Opinion.
There is only one reason vvhy they make up a fake document named " Action Plan Against
Reactionary Forces" and vvhy they put it in my house vvhile I vvas out of Ankara is that I reached
concrete evidences about the criminal enterprise regarding the military spying that they made and
I vvas resorting to do what is necessary.
The criminal enterprise in poliçe office knevv that I vvas getting ready for criminal complaint on
some officers due to the military spying action because they vvere follovving my telephones and emails. Follovving 4th June 2009 that they found this document in my office, follovving 12th June 2009
that this document vvas issued in Taraf journal vvhich vvas founded by giving 3.6 trillion incentive to
Alkım publishing house vvhich is publishing part of this operation and vvholly founded for this
operation, on 26th June 2009,standing the trial of the civilians on military court vvith a fugitive
proposal at midnight by keeping from the other groups and this vvas declared to the public opinion
as a civilization. İn fact, the reality is different. A criminal enterprise consisted of a group ofspies
and politicians under the mask ofSoldier, Poliçe, Prosecutor, Press member in military spying
action vvere rescued from an investigation of military prosecution "from the point of military
spying action".
As a result of the detail investigation that he made at the beginning of October 2009 about Kemal
Gergin, suddenly an original signed document vvas appeared on 15th Octomber 2009 and the
investigation vvas relieved from the Public Prosecutor Abbas Özden vvho carried out a serious
investigation about this document, determined Kemal Gergin accurately vvho vvas used by the
netvvork in the poliçe by getting in to my office by some polices vvho are in charge in Ankara Tem
Branch on 3.6.2009 in order to put off the fake plan and document.
This original signed document vvas personally taken to ATK.on 16.10.2009by Public Prosecutor
Zekeriya Öz vvho vvas given a Mercedes car by the prime minister, accepted that he had committed
an illegal act during the investigations by way of confession by implication by saying that "
Whatever I did, I did it for the state" when his authorization vvas taken and he took a report to this
fake document. Hacı Mehmet Akın vvas charged in document research branch on 16.10.2009 when
this document vvas brought to ATK.by the prosecutor Öz . Also, this man is a doctor vvho signed
under the forensic report vvhich caused closing the murder of Behçet Oktay as i fit is a suicide.
Although Hüseyin Bülent Üner is the head of the department of ATK. Physics specialization, he is
not an expert of research of document signature (he is an expert of ballistic). The other expert vvho
signed the document is Lokman Başer. Although He vvas on leave because his vvife gave birth, he
vvas called to come to sign the document. Hovvever there vvere 4 experts vvho have 8-15 years
experience there on that date.The first report on 19.10.2009 vvhich is tike "signature is the
production of Dursun Çiçek" and it vvas given by original signature (on that date PKK terrorists
vvere entered from Habur. Habur incident vvas suppressed by the outcry of this report.), signed by
the 3 aforementioned experts .The aforementioned report is not a scientific report and this
contradicts the thousands of reports of ATK. that they gave before because the signature of Dursun
Çiçek vvas a 'SIMPLE SKETCHING' signature. ATK. gave the decision of ' NO DETERMINATION'for
the simple sketching signatures in the previous reports(approximately %20 of the ATK decisions).
The means of the 'SIMPLE SKETCHING' signature is : You can not say that 'this signature is the
production of this hand' unless you see the person vvhen he signed because the simple sketching
signature vvill be copied easily by somebody else. The first report for the original signature
document vvas taken by this way. The committee vvas organized, the personnel vvas called vvhen he
vvas on leave although there many experts, the report vvas not signed by the expertsfor this
reason it is made a denunciation to the Supreme Board of Judges and Prosecutors on the Public
Prosecutor Zekeriya Öz.
The second report vvas nonprocedural given by department of physics specialization commission.
Hovvever, according to the international regulations of ATK in order to have a commission
research, there should be 2 different reports given by 2 different expert commissions and there
should be contradictions betvveen these reports but alleged original signed document vvas analyzed
only by a commission consist ofthree people. There vvere not second ATK report vvhich vvas given
by a different panel of experts and a second ATK report vvhich creates contradiction. On the other
hand in the letter vvhich vvas send by the head ofADK to the investigation file carried out
registered to number 2009/113352 by Bakırköy CBS due to a denunciation about himselfand the
experts vvho arranged the report, although it is said that the people on duty in document research
branch' vve give the signing authority 2 years later and do not give vvithout analyzing certain
numbers of facts(6oo),it is understood that after the first report dated 19.10.2009, some ATK
officers vvere given a course for a vveek on November 2009 and vvere given a title of document
research expert, normally they should not have the signing authority but they vvere attended the
course and on February 2010 it is provided ballot to be 7 yes/4 no in the commission report. The
report vvas taken on the continuing period because everyday Samanyolu TV vvas broadcasting
'They vvill send to Gendarmerie Criminal and take the report. They implied that they vvill be
arrested for Ergenekon investigation and this vvas created a psychological fear on the Gendarmerie
criminal officers and they took the report but these reports are not scientific.
İt is clarified that Ayşegül Hüma Babuna and Aylin Atmaca vvho vvere knovvn in public opinion as
Adnan Hodja, vvere charged in order to reconnoiter the lavvyers' houses and offices vvho vvere
chosen as target. The reason why vve have suspected is this.Almost ali of the lavvyers vvho vvere
visited by these vvomen vvere taken into custody or arrested by means of putting CD, FLASH DISC
ete... in their offices. This very doubtful situation. Although, from one of the suspect, Ayşegül Hüma
Babuna said in her statement no 2011/32 on 16.05.2011to the special authorized public prosecutor
Mustafa Çavuşoğlu that "We saw the signboard of Serdar ÖZTÜRK in Bestekar street. I vvas
together vvith Aylin ATMACA . l/Ve vvanted to get help from any lawyer and vve called him with this
thought. Aylin ATMACA called him and told in the telephone that she is the niece ofadmiral Hasan
KUNDAKÇI then he gave an appointment." The defense of the suspects is not true because I vvas
called by Ayşegül Hüma Babuna on 18.05.2009, time:15.55 for thefirst time. Ayşegül Hüma
Babuna introduced herselfas 'Ceyda Ertüzün' and she took an appointment by this way. This
telephone cali vvas presented enclosed as CD sound file. The suspects .Ayşegül Hüma Babuna and
Aylin Atmaca vvere come my office after 30 minutes later than the mentioned telephone cali
becauseit is understood that on the contrary of the suspects' statements, they vvere not in front of
my office in Bestekar Street, they vvere Kızılay around İzmir-1 street. There vvas 1.5 km distance
betvveen that street and my office. Additionally there vvas not any telephone number on my
signboard vvhich vvas hanging on in front of my office there the suspects are absolutely telling lie.
Although Ayşegül Hüma Babuna told in her statement on 16.05.2001 to the public prosecutor
Mustafa Çavuşoğlu that "Aylin Atmaca vvas called from Attorney to Law, Serdar ÖZTÜRK's office
after afew days later but we did not meet vvith him because vve learned from the television and
nevvspapers that action plan against reactionary forces vvas detected in his office", it is not
possible. These ladies vvere called by my attorneys due to my demand on 5.6.2009, the day that I
vvas taken into custody because vve vvere suspected them. But the action plan against reactionary
forces vvas become a current issue on 12.6.2009 in other words after 7 days later from that
telephone cali. They vvere not called anymore after 5.6.2009 because they vvere alvvays escaped.
Although Aylin Atmaca told in her statement no 2011/32 on 11.05.2001 to the public prosecutor
Mustafa Çavuşoğlu that " One day vvhile vvere passing in front of the office of Attorney at Lavv
Serdar ÖZTÜRK in Bestekar Street, vve vvanted to go to his office, vve called him. He accepted and
gave an appointment to us", the defense of this suspect is not true too. İt is clearly seen that they
vvere not cali me from Bestekar street, they called mefrom İzmir 1 street in the region of Kızılay, it
can be seen in the audio and HTS records enclosed. There vvas 1.5 km distance betvveen that street
and my office.
İt is understood that my office's porter Kemal Girgin vvas engaged by the criminal enterprise in the
security forces and vvas taken the provisions of his services concretely. The mentioned person lives
her life by vvorking as a porter and alvvays borrovved moneyfrom the apartment residents. İt is
understood that on 02.06.2009 the day vvhen I vvas out of Ankara at 18:00, the suspect Kemal
Girgin vvas met the people vvho entered my office and at that moment he spoke vvith the other
suspect Mahmut Hazıroğlu in Bezkoy restraunt in Çankayaf this restraunt is a very expensive and a
porter can not go there easily because he alvvays borrovv moneyfrom the apartment residents).On
the other hand it is undertood from the base station and HTS records that Kemal Girgin vvas sent
his vvife to Çerkeş the day after he met vvith them in other vvords 03.06.2009 at 14:30, by this way
he vvill provide her not to be vvitnessfor entering my office on the night of 03.06.2009. Tevhide
Girgin returned back to Ankara a day later on 04.06.2009 vvhen the poliçe had finished making
search in my office. Although the suspect Kemal Girgin vvas living in a debt, he bought a car and
house and gave it to a rent( this house vvas bought on credit and the owner vvas seen his vvife
Tevhide Girgin. The land register vvas not seen because it is on credit cooperative house).
C. International Dimension of Ergenekon Project and the and Considering the ali present actions
vvith in the context of TCC(Turkish Criminal Code)
İt is not possible to understand the Ergenekon and related processes vvithout knowing greater
middle east initiative and the situation of Turkey in BOPfgreater middle east initiative).First of ali it
should be known that this is not related with İslam, humanity ,or advanced democracy .There are
not any relation vvith the realities.
BOP project is an injudicious plan that it is provided to vviden the borders of 24 countries included
Turkey in Middle east and Northern Africa and to control the islamic geography through a ne w
state vvhich is planning to be a moderate islamic state vvith a caliphate position in Turkey and this
state vvill be in control of the vvestern countries.
I am not a religious scholar. I a m an extremely ordinary muslim. I am alvvays proud of my
Turkishness and my belief but the things that I vvill mention to you belovv must be knovvn in order
to evaluate the events vvhich vvere happened novvadays thoroughly in Turkey. İt is not possible to
evaluate and understand the event thoroughly vvithout knovving these. The mentioned plan of
America named BOP is a nonsense plan because form of state vvas not envisaged in our holy vvrit. İt
vvas a plan offounding a Kurdish state. For this reason the people vvho support knovvingly or
vvithout knovving the "Project of Ergenekon", participates this betrayal named BOP. The hard core
is about 30 people vvho carry out this project vvith Americans.
Also some judges and the public prosecutors are participated the actions in the criminal enterprise
but The Ministry ofJustice and HSYK protect them.
As it is knovvn the article no. 14 of Turkish Constitution 1982 the law no.2709 states that:
Article 14 Prohibition ofAbuse of Fundamental Rights and Freedoms
(1) None of the rights and freedoms embodied in the Constitution shall be exercised vvith the aim of
violating the indivisible integrity of the state vvith its territory and nation, and endangering the
existence of the democratic and secular order of the Turkish Republic based upon human rights.
(2) No provision of this Constitution shall be interpreted in a manner that enables the State or
individuals to destroy the fundamental rights and freedoms embodied in the Constitution or to
stage an activity vvith the aim of restrieting them more extensively than stated in the Constitution.
(3) The sanetions to be applied against those vvho perpetrate these activities in conflict vvith these
provisions shall be determined by lavv.
Article 20 Privacy of İndividual Life
(1) Everyone has the right to demand respect for his or her private and family life. Privacy of an
individual or family life cannot be violated.
(2) Unless there exists a decision duly passed by a judge on one orseveral of the grounds of
national security, public order, prevention of crime commitment, proteetion of public health and
public morals, or proteetion of the rights and freedoms of others, or unless there exists a vvritten
order of an ageney authorised by lavv in cases vvhere delay is prejudicial, again on the abovementioned grounds, neither the person nor the private papers, nor belongings, of an individual
shall be searehed nor shall they be seized. The decision of the authorized ageney shall besubmitted
for the approval of the judge having jurisdietion vvithin 24 hours. The judge shall announce his
decision vvithin 48 hours from the time ofseizure; othervvise, seizure shall automatically be lifted.
ARTICLE 94-(l) Any public officer vvho causes severe bodily or mental pain, or loss ofconscious or
ability to act, or dishonors a person, is sentenced to imprisonment from three years to tvvelve
years.
(2) The punishment may not be reduced in case of commission
ofoffense;
b) Against an attorney or another public officer by virtue of office,
the off ender is sentenced to imprisonment from eight years tofifteen
years.
(5) The punishment to be imposed may not be reduced even ifthe off ense is committed by
negligence.
ARTICLE 77- (1) Execution of any one of the follovving acts systematically under a plan against a
sector of a community for political, philosophical, racial or religious reasons, creates the legal
consequence of an offenses against humanity.
c) Torturing, infliction of severe suffering, orforcing a person to live as a slave,
d) To restrict freedom
ARTICLE 327-flJ Any person vvho discloses confidential, especially about the Public security or
domestic and foreign political interest of the State vvith the intention of spying on political and
military affairs, is sentenced to life imprisonment.
Art iele 328-(l) Any citizen vvho gets information vvhich is to be kept secret from the view point of
national security, or domestic or foreign political relations of a foreign country to serve the
interests of another foreign country vvith the intention of spying on political and military affairs, is
punished vvith imprisonment from one years to three years. Anyforeigner vvho illegally gets
confidential information in Turkey is subject to same punishment.
ARTICLE 109-(1) Any person vvho unlavvfully restricts the freedom of a person by preventing him
from traveling or living in a place is sentenced to imprisonment from one year tofive years.
(2) İfa person uses physical povver or threat or deception to perform an act or during commission
ofoffense, then he is sentenced to imprisonment from two years to seven years.
(3) İn case of commission of this off ense;
a) By use of a vveapon,
h) Jointly by a group of persons,
c) By virtue of a public office,
d) By undue influence based on public office,
e) Against antecedents, descendents or spouse,
f) Against a child or a person vvho cannot protect himself due to corporal or spiritual disability, the
punishment to imposed accordirıg to above subsections is increased by onefold.
(4) Ifthis offense results vvith gross economical loss of the victim, the offender additionally is
imposed punitive fine up to o ne thousand days.
(5) İn case of commission of offense vvith sexual intent, the punishments to be imposed according
to above subsections are increased by one half.
(6) The provisions relating tofelonious injury are additionally applied in case of commission of
aggravated form of this offense vvhich creates the consequences offelonious injury.
ARTİCLE 204-(l) Any person vvho issues or uses a false document, or changes an original document
to deceive others is punished vvith imprisonment from tvvo years tofive years.
(2) İfa public off içer vvho is authorized to issue documents counterfeits a document, or changes the
original document to deceive others, or prepares false documents or uses false official documents,
then he is punished vvith imprisonment from three years to eight years.
(3) İn case of consideration of an official document as valid until it is proved to be false, the
punishment to be imposed is increased by one half.
ARTİCLE 301-(1) Any person vvho agrees to serve in the army ofacountry
vvhich is at war vvith
Turkish Republic, or Turkish citizen vvho participates in an armed attack against Turkish Republic, is
punished vvith life
imprisonment.
(2) Any citizen vvho undertakes commanding duty in the army of aforeign country is punished vvith
heavy life imprisonment.
(3) İn case of commission of another offense along vvith the offenses defined in first and second
subsection, the off ender is additionally punished according to the provisions relating to this
offense.
ARTİCLE 281-(1) Any person vvho takes away the assets acquired as a result of an offense vvhich
requires minimum one year or more punishment of imprisonment, or carries the same to af oreign
country to be subject to various transactions in order to hide illegal source of these assets and to
give the impression that they are acquired in the lavvful manner, is punished vvith imprisonment
from tvvo years tofive years, and also imposed punitive fine up to tvventy thousand days. (2) İn
case of commission of this offense by a public officer vvhile performing his duty or a person vvith
profession, the punishment to be imposed is increased by one half.
(3) İn case of commission of this offense vvithin the frame of activities of an organized criminal
group, the punishment to be imposed is increased by onefold.
ARTİCLE 134- (1) Any person vvho violates secrecy of private life, is punished vvith imprisonment
from six months to tvvo years, or imposed punitive fine. İn case of violation of privacy by use of
audio-visual recording devices, the minimum limit of punishment to be imposed may not be less
than one year.
(2) Any person who discloses audio-visual recordings relating to private life of individuals are
sentenced to imprisonment from one year to three years. İn case of commission of this offense
through press and broadcast, the punishment is increased by one half.
ARTICLE 258-(l) Any public officer vvho discloses or publicize the confidential documents, decisions
and orders and other notifications delivered to him by virtue of office, or facilitates access to such
information and documents by third parties, is punished vvith imprisonment from one year tofour
years.
(2) The same punishment is applicable also for the person vvho performs the acts mentioned in first
subsection upon expiry of office period.
Article 285 - (1) Anyone vvho publicly breaches the confidentiality of an investigation shall be
sentenced to imprisonment of from one to three years. İn the case of breaches of confidentiality
vvith respect to decisions taken during investigation that are confidential by law, and for
procedures carried out in accordance vvith such decisions, the offence shall be deemed to have
occured even vvhere it vvas not committed publicly.
(2) Anyone vvho publicly breaches the confidentiality of declarations or images produced in
hearings that according to the law had to be held or had been decided to be held in closed session
shall be sentenced according to the provision in paragraph 1. Where the protection of a vvitness is
an issue, the offence shall be deemed to have occurred even vvhere it vvas not committed publicly.
(3) The sentence shall be increased by one halfif the offences are committed by means of the press
or publication.
(4) İf, during the investigation and prosecution stages, images are published that label persons as
guilty, a sentence of imprisonment of from six months to two years shall be imposed.
The common characteristic of most of the people in the continuing cases vvho vvere tried to be
appeared like gang by mixing the criminal people and the people vvho tried to be GLADIO but
GLADIO alvvays set up byABD in ali around the world and the nationalistic young esters are used as
gun man. The sources of Ergenekon and Lobi documents are USA officer John Kunstadter as vve
mentioned before. The documents are not opened by the court even today due to it is fake
because Hüseyin GÜLERCE is seen as the press curator of ERGENEKON structure. As you İt is very
tragicomic. The courts judge and decide on behalfof Turkish Nation but ifthe court does not
collect evidences that USA officers generate the fake documents, the list of the people vvho vvill be
the target constitute by USA, the evidences are not brought, it is possible to say that this kind of
court judges on behalf of USA but it is not possible to say it judges on behalf Turkish Nation.
The aim of this project is to make the Turkish Army disrespectable, to vveaken and to collapse . l/Ve
fight vvith PKK in southeastern for many years. PKK is supported by the USA because I saw by
myselfthat USA helicopters vvere throvving aid material to the aid camp in Ballıkaya village. Gülen
community who is the other tool of USA offer battle to Turkish army under the cover of İslam.
Turkish Nation always respects to the people who have sincere belief but do not respect to the
people who rare bigoted, religion merchants, SERVE the secret services under the religious image.
This is the reality. The retired FBI off içer Paul Williams expressed this reality. There are strong facts
vvhich showsish that operation is carried out vvith USA coordinately and some politicians are
blackmailed internationally in the Wikileads documents published on 28.10.201 and confirmed
vvith a pronouncement by the Ministry ofForeign Affairs of USA.
İt vvould absolutely be done to the pressure, abuse of religion, blackmail, money off er and threat
through every kind of mischievous method, personal connection, line of descent to the public
prosecutor ofHigh of Court vvho carry out the investigation. The realities should be made out
fearlessly.
This criminal complaint should be done about the suspects, the Minister ofJustice Sadullah Ergin,
Minister of Internal Affairs BeşirAtalay, Minister of Transportation, Judges of İstanbul Rüstem
ERYILMAZ, Metin ÖZÇELİK, Ömer Diken, Sedat Sami Haşıloğlu, Murat Üründü, Hasan Hüseyin
ÖZESE, Hüsnü Ç almuk, Ali Efendi Peksak, Fatih Mehmet USLU, Nihat Topal and Ercan Fırat, Judges
of İstanbul, the special authorized prosecutors on the crime date, Turan Çolakkadı, M.Ali
Pekgüzel, Nihat Taşkın, Zekeriya ÖZ and Fikret Seçen and the other suspects on Crime against the
humanity by means ofdivesting of thefreedom ofmore than one person vvith political and
religious inducements, Turkish Penal Code 77 and 78, İt should be denunciated for provision of
taking of criminal action in authorized and in charged constitutional court in accordance vvith
military spying and participating the military spying, from Turkish Penal Code articles77 and 78,
from divesting ofmore than one person from independence Turkish Penal Code article 109/l-2(d)
and 4, from participating unlavvful eavesdropping, procuring the information regarding the
security of the state Turkish Penal Code article 327, from forging formal document and using
forged formal document Turkish Penal Code article 204, violating the right of privacy, AY article 20
TPC article 134/1, insulting Turkish Armed Forces article 301, slandering by means of fabricating
the corpus delicti TPC.267/1-2 and 4, action ofalteration of evidence TPC article 281/1-2, action of
revealing of position oriented secrets TPC. article 258, action ofviolation of the secrecy of
investigation TPC. Article 285, aiding the organization intentionally and knovvingly TPC.article
220/7, violation of constitutional lavv for several times and crime of tortu re TPC article 94.
Evidences:
Thefiles regarding the criminal complaints against HSYK (THE SUP REME BOARD OF JUDGES AND
PROSECUTORS)
since 2008 concerning the special authorized judges and prosecutors.
Files no. 2008/209, 2009/191and 2010/106 of İstanbul 13th High Criminal Courtf in charged vvith
Code of Criminal Procedure article no:250)
Files no. 2010/34 of İstanbul 12th High Criminal Court( in charged vvith Code of Criminal Procedure
article no:250)
Sledgehammer
case file of İstanbul 10th High Criminal Court( in charged vvith Code of Criminal
Procedure article no:250)
The records of the displays of trials of ali casesf trial records do not reflect the truth).
The statement ofSabri UZUN on 20.09.2010 vvith regards to these subjects to the inspectors of
security of general directorate.
İnvestigation files no 2010/184154, 2010/105621, 2011/104836, 2011/104837,
2010/182979,
2010/184384 and 2009/381715 of Public Prosecutor of İstanbul.
İnvestigation files no 2009/8745, 2009/77688, of Public Prosecutor of Ankara.
İnvestigation file no 2009/133152 of Public Prosecutor of Bakırköy.
İnvestigation file no 2010/825 of Public Prosecutor ofAnkara(in
charged vvith Code of Criminal
Procedure article no:250)
İnvestigation file no 2009/183 of Public Prosecutor of Beykoz.
İnvestigation files no 2010/857 and 2008/1756 of Public Prosecution of lstanbul(in charged vvith
Code of Criminal Procedure article no:250)
Apart from these criminal Complaint files on the poliçe in Public Prosecution of Ankara and Fatih.
The citation ofindictment and designment of the indictment prepared for Public Prosecutor,
Zekeriya ÖZ by military prosecution of Turkish Air Force.
Copy of the document named action plan against reactionary forces on vvhich there is original
paraph of Özge Evci.
Asking for the criminal complaints to judicial advisory of General staff on Metin ÖZÇELİK and
Zekeriya ÖZ.
The letter of İstanbul Security directorate dated 3.6.2009 numbered 10488.
HTS records of the ali telephone lines of the suspects vvhich vvere used in telephone numbers vvhich
vvere used from 04.03.2009 until today 0505 546 66 86, 0505 542 34 47 0506 503 83 33, 0505 215 50
94, 0505 211 3715, 0505 535 95 64, 0505 223 60 31, 0505 351 30 01, 0505 217 75 85, 0505 366 44
21, 0535 694 34 27, 0545 434 96 46 and IMEI numbers 3555 3901 3044 950, 356664006175213,
357854019463115, 358649015855960, 357097007791267.
The base station records of the telephones belongs to ali operators signaling in Bestekar street,
Ankara betvveen 3.6.2209 at 23.30 and 4.6.2009 morning 05.000.
20-The HTS records of the telephone no 0539 498 27 63 vvhich vvas vvritten on the calling card of
Aylin ATMACA but vvas understood that it belongs to Ebru TAŞTAN, the telephone no 0535 293 10
92 vvhich vvas vvritten on the calling card of Aylin ATMACA but vvas understood that it belongs to
Hasan GENÇ, the telephone no 0533 723 58 63 vvhich vvas vvritten on the calling card of Ayşegül
Hüma BABUNA, the telephone no 0535 292 87 59 vvhich vvas vvritten on the calling card of Ayşegül
Hüma BABUNA but vvas understood that it belong s to Fırat YILMAZ since January 2008.
21- The HTS records of the telephone number 0531 605 00 12 vvhich belongs to Adem ARSLAN and
the telephone records of this number vvhich it is used in IMEI 353514028728830.
22- The audio records dated 18.5.2009 and 3.6.2009 and base records of 18.5.2009.
23-The HTS records of 0534 268 23 64 used by Bülent TÜRKER and the IMEI no 3555 3901 3044 950
by mentioning SİM cards of this number retrospectively from the oldest date.
24-Mehmet EYMUR, Ali Fuat YILMAZER, Recep GÜVEN, Mutlu EKİZOĞLU, John KUNSTADTER, Fatih
Türker ÇELİK, Mehmet BARANSU, Yasemin ÇONGAR's telephone data, telephones, HTS records
vvhich are registered on themselves from the oldest date.
25-Mehmet EYMUR, Ali Fuat YILMAZER, Recep GÜVEN, Mutlu EKİZOĞLU, John KUNSTADTER, Fatih
Türker ÇELİK, Mehmet BARANSU, Yasemin ÇONGAR's passports and records of entry to country.
26-The HTS records of IMEI numbers 3525 5001 3514 230, 3529 2402 5447 400, 3562 3200 2057 930
and 3556 5801 6546 540 (Ayşegül Hüma BABUNA and Kemal GERGİN ) by determining ali lines used
since 2009 to novvadays.
27-Discretionary fund expenses of İstanbul Security Directorate and TEM branch office since
February 2007
28-Evening nevvs programs of Samanyolu TV legal entity January 2008.
29-The nevvs vvhich vvere broadcasted by ZAMAN and TARAF nevvspaper since January 2008.
30-The reports of the criminal department ofGendarme and Security.
31-The letter of ITU.
32- The vvitnesses; Sabri Uzun, Hanefi Avcı, Judge Orhan Gazi Ertekin, Fatma Altıparmak, Mehmet
Bekaroğlu and the other vvitnesses.
33-Thters send by some people related to the cases and public statements.
34-The reports of ATK İstanbul.
35-Confutations broadcasted in Samanyolu TV.
36-The books published concerned vvith this subject,( Leak- Barış Terkoğlu, Samzidat- Soner Yalçın,
AKP and plan for saving Gülen-Serdar ÖZTÜRK, How an confidential organization can befoundedTuncay Özkan, Simons in Haliç-Hanefi Avcı, Frog in Ergenekon cauldron - Hasan Ataman Yıldırım, A
failing alliance of ABD-Community project, Ergenekon Impact- Turan Yavuz, Lies ofSecurity
İntelligence- Nedim Şener, 000 Book- Ahmet Şık, Divine Retribution, Diary of politisation of
jurisdiction- İlhan Taşçı)
37-lnvestigation of assets of the relatives of the suspects.
38-Examination survey and detail.
Result and Process: The reasons explained;
I demand from Public Prosecution of High Court to be decided :
1-to open a criminal case to the suspects justice of ministry Sadullah Ergin,Beşir Atalay who was
Minister of Interior affairs at that date, Minister of Communications Beşir Atalay, judge of İstanbul
Rüstem ERYILMAZ, Metin ÖZÇELİK, Ömer Diken, Sedat Sami Haşıloğlu, Murat Üründü, Hasan
Hüseyin ÖZESE, Hüsnü Çalmuk, Ali Efendi Peksak, Fatih Mehmet USLU, Nihat Topal and Ercan Fırat,
the authorized publc prosecutors, Turan Çolakkadı, M.Ali Pekgüzel, Nihat Taşkın, Zekeriya ÖZ,
Fikret Seçen and ali the other suspects by making the necessary investigation vvhich suit the actions
of Just in authorized High Court.
2-To send the file to the authorized court to precaution of arrestment on ali the suspects
exceptfor
the Ministers by pursuing erime against the humanity.
3-To seize the ali assets of the suspects gained by the way erime ineluding Kemal Gergin.
4-To recovate licence of Samanyolu TV ineluding the broadcasting licence in accordance vvith the
articles 60 and 77/3 and 78/2 of TPC on Samanyolu Broadcasting, Zaman and Taraf journals vvho
are in legal entity.
5- to cease the broadcasts as precaution by taking decisionfrom the authorized courts in
investigation process.
10.04.2012
Serdar ÖZTÜRK(Attorney at Lavv)
ANNEXES:
ANNEX-1 Trial vvritten reports of the file no 2009/191 (in charged vvith article 250 of CMK)of
İstanbul 13th High Court ineluding the defense of Attorney at Lavv, Hüseyin Buzoğlu on 24.2.2012
and 27.2.2012( as CD and vvritten)
ANNEX -2 The prosecution statement of Ayşegül Hüma BABUNA .
ANNEX -3 The prosecution statement of Aylin ATMACA.
ANNEX-4 Audio record of Ayşegül Hüma Babuna( telephone records -from TIB)
ANNEX-5 HTS record of Ayşegül Hüma Babuna.(refuting her statement)
ANNEX-6 The book named Leak.
ANNEX-7 The book named AKP and plan for saving Gülen
ANNEX-8 HTS records of security officers.
ANNEX-9 HTS records of Kemal Gergin.
ANNEX-10 The book named Samizat
ANNEX-11 Frog in Ergenekon cauldron.
ANNEX-12 The book named Lieutenant Çelebi
ANNEX-13 The book named RECİPE.
ANNEX-14 The book named the secrets vvhich
carried to the ğrave by Kaşif KOZİNOĞLU.