The Turkish Judiciary as a Weapon of Genocide

THE TURKISH JUDICIARY AS A WEAPON OF GENOCIDE

Dr. Hasan DURSUN - Mustafa DOĞAN

RoH Nordic Publishing House

THE TURKISH JUDICIARY AS A WEAPON OF GENOCIDE

Dr. Hasan DURSUN- Mustafa DOĞAN

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Publishing director: Ramazan F. Güzel

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Publication number: 26

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ISBN Number: 9781005891008

Copyright © 2022

All copyright and publication rights of this work belong to RoH Nordic AB. It may not be reproduced in any way without the permission of the publisher, except for short excerpts to be made for promotion by citing the source.

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Release date: 25 May 2022

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For contact:

Web: http://publishinghouse.rhnordic.com/

E-post: [email protected] & [email protected]

WRITERS

Mustafa DOĞAN:

He graduated from Marmara University Faculty of Law in 2002. He started his internship as a Judge Candidate in 2003. He served as the Public Prosecutor between 2005-2016. Between 2011-2014, he worked as an assistant manager at the Ministry of Justice General Directorate of Prisons and Detention Houses for 3 years.

He wrote his Master's Thesis on Independence of the Judiciary and Impartiality of the Judge in Turkey. He works on penology, prisons, human rights and children's rights. He was involved in the founding of the CrossBorderJurists Association (www.crossborderjurists.org) and actively supports the association's work.

E-mail: [email protected] Twitter: @mustafa_dogan00

Dr. Hasan DURSUN:

He graduated from Marmara University Faculty of Law in 2001. He started his job as a prosecutor in 2002 and continued his career successfully until 16 July 2016, when he was dismissed by the Council of Judges and Prosecutors (HSK) for ignoring his constitutional rights. He completed his master's degree at Gazi University in 2005 and his PHD at Ankara University in 2016.

He worked as a foreign relations specialist at HSK between 2011-2014. He did an internship at the European Court of Human Rights for 6 months in 2013. He represented Turkey in the working groups of the Council of Europe Advisory Council of Prosecutors (CCPE).

His articles on criminal law have been published in various academic journals. He closely observed the transformation of the Turkish judiciary described in the book into an instrument of destruction between 2011 and 2016, and became both a witness and a victim of the activities of the politicized judiciary after 15 July 2016.

In 2019, he founded the website www.hukukpenceresi.com and started to work as its editor. He took part in the establishment of VolunteerJurists (www.volunteerjurists.org) and CrossBorderJurists (www.crossborderjurists.org) associations. He actively supports the activities of associations in the context of fundamental rights and freedoms.

He is married and has two children. He speaks fluent English and intermediate German.

E-mail: [email protected] Twitter: @HasanDursun60

EDITOR Ramazan Faruk GÜZEL:

He was born (1972) and raised in Turkey. Güzel has worked for many years as a legal advisor, lawyer and judge. He also worked as a journalist in various media groups, has a master's degree in communication and media.

Now he devotes himself to art and human rights. He has written books in law, politics and Islamic history. R. F. Güzel is the editor in Nordic Publishing House where he has over 30 books published…

Contents:

The Process of Destroying the Independence of the Judiciary in Turkey

The Role attributed to the Judiciary in the Enemization of the Gulen Movement and the Transformation of the Judiciary

Institutional and Ideological Design of the Judicial Bodies in the Process of Genocide Planning Against the Gülen Movement

Enemy Criminal Law Practices That Have Become the Rule in Gulen Movement Investigations and Trials

Investigation of Rights Violations in Investigation and Trials Launched in Allegation of Gülen Movement Membership in Terms of Article 18 of the ECHR

CONTENTS

CHAPTER one

17-25 DECEMBER OPERATIONS, TARGETING THE GULEN MOVEMENT AND THE STEPS OF THE GOVERNMENT TO SEIZE THE JUDICIARY

A.  Information on 17 and 25 December 2013 Operations

1.  Corruption Operation dated 17 December 2013

2.  The Corruption Operation dated 25 December 2013

3.  Events Occurred in the Police After the 17-25 December Investigations

4.  Events Occurred in the Judiciary After the 17-25 December 2013 Investigation

5.  Events Occurred in the Legislative and Executive After the 17-25 December Investigations

6.  Investigation Launched in USA Against December 17 Investigation Suspect Reza Zarrab

B.  How did the Gulen Community turn into the FETO/PDY Armed Terrorist Organization?

C.  Declaring the Gülen Movement as an Enemy

1.  Targeting the Gulen Movement by President Erdogan and the AKP Government

2.  Provocation of the Judiciary against the Gülen Movement and Erdogan's Efforts to Take it under his Influence and Control

3. Emphasis on that the Operations Against the Gulen Movement to be Carried Out Resolutely, in a Planned and Systematic Way

D. The First Step to Control and/or Influence the Judiciary: Amendment to the Law on the High Council of Judges and Prosecutors

1. Structure of the High Council of Judges and Prosecutors as of 17-25 December 2013, Election Procedure of Members and Duties

2. What Happened After 17-25 December 2013

E. Elections of the High Council of Judges and Prosecutors

1.  Establishment and Purposes of the Unity in the Judiciary Platform

2.  Works of the Unity in the Judiciary Platform

3.  The Flagging Allegations

F.  Council of Judges and Prosecutors with the 2017 Constitutional Amendment

G. Dismissal Decisions Reflect HSYK's Hostile Attitude Towards the Gülen Movement

H. Perspective of International Organizations on the Council of Judges and Prosecutors (High) and the Association for Unity in the Judiciary

I. Reasonable Suspicion Package for Combating the Gülen Movement from the Government

CHAPTER TWO 

ESTABLISHMENT OF SPECIAL (PROJECT) COURTS AGAINST THE GULEN MOVEMENT AND APPOINTMENT OF PRO-GOVERNMENT JUDGES. 

A.  Judicial Independence and Principles

B.  Peace Criminal Magistracies

1.  Establishment and Duties of Peace Criminal Magistracies

2. The Peace Criminal Magistracies were Established to Fight Against the Gulen Movement

3. Peace Criminal Magistrates are not Independent and Impartial

C. Establishment of the Assize Courts with Special Authorities

D.  Establishment of Special Assize Courts for Judge-Prosecutor, Governor and District Governor Trials

E.  Regional Courts of Appeal

G. Political Interventions Against the Court of Cassation and Establishment of New Chambers in the Court of Cassation for Cases Against the Gülen Movement

1.  Intervention in the Court of Cassation and Establishment of the 16th Penal Chamber of the Court of Cassation

2.  Re-formation and Change of Duty of the 9th Penal Chamber of the Court of Cassation

3.  Formation and Change of Duties of the Criminal General Assembly of the Court of Cassation

4.  Election of Members to the High Courts

5.  The Court of Cassation is not İndependent

6.  The Court of Cassation is not Independent

H.  The Administrative Judiciary and the Council of State

İ. Events Showing that the Constitutional Court Does Not Appear to be an Independent and Impartial Court and is no longer an Effective Domestic Legal Remedy

1.  Political Pressure

2.  Noncompliance of the first instance courts with the decisions of the Constitutional Court

3.  Opinion of the Constitutional Court on Criminal Magistracies of Peace

4.  Opinion of the Constitutional Court on Law Decrees

5.  Perspective of the Constitutional Court on the Events and Arrests of 15 July

6.  Appointments of Members to the Constitutional Court

7. The Constitutional Court is Under Political Guardianship

8.  UN Human Rights Committee and Working Group on Arbitrary Detention Do not See the Constitutional Court as an Effective Domestic Remedy

Chapter THREE

HOUNDING THE CASES AGAINST THE GULEN MOVEMENT AND THE JUDGES HEARING THESE CASES AND POLITICAL PRESSURE AGAINST THE JUDICIARY

A.  Instructions to the Judiciary

B.  The Chase of the Political Power the Cases Against the Gülen Movement and Threatening the Judges in Charge of These Cases

C.  Appointments and Dismissals as a Tool of Political Pressure

1. The Decrees of Massacre

2. Dismissal of Judges for the Decisions They Rendered

3.  Dismissal of Judges Who Decide Contrary to the Opinion of the HSYK and the Executive Power on ByLock

D.  Intervention into the Judiciary after the 15 July 2016 Coup Attempt

E.  Judicial Decisions rendered as a result of the intervention of foreign countries

F.  Non-Compliance with Constitutional Court, ECtHR and UN-HRC Decisions and Other Violations

G. Judicial Independence in Turkey According to EU Progress Reports

H.  Conclusion

Chapter FOUR

USING THE JUDICIARY AS A WEAPON AGAINST THE GULEN MOVEMENT, GENOCIDE BY THE HANDS OF THE JUDICIARY

A.  Principles of Rule of Law and No Crime and Punishment Without Law"

1.  Determination of Crime and Punishment by Law

2.  Prohibition of Analogy

3.  Non-Retro-activity of the Law Against Suspect

4.  Certainty in Crime and Punishment

B.  Explanations on the Crime of Membership and Management of an Armed Terrorist Organization

C.  How did the investigations against the Gülen Movement Commence?

D.  The Role of the Principle of No Crime and Punishment without Law in Investigations and Cases Against the Members of the Gülen Movement and Facts Regarding the Moral Element of the Crime

E.  The Principle of No Crime and Punishment without Law was violated Against the Gulen Movement, Non-Criminal Actions Considered as Crimes Retrospectively

F.  Relevant UN Human Rights Committee and UN Working Group on Arbitrary Detention Decisions

G. Discrimination in Enjoying and Restricting Rights and Freedoms

H.  Examination of Restrictions on Rights of Gulen Movement Members in Terms of Article 18 of the ECHR

1.  Article 18 of the ECHR and the Practice of the ECtHR on the Subject

2.  Restrictions on Members of the Gülen Movement Have a Hidden Purpose and Article 18 of the ECHR is Violated

CHAPTER FIVE

AN EVALUATION REGARDING THE DECISION OF THE 16th CRIMINAL CHAMBER OF THE COURT OF CASSATION, DATED 24.04.2017, NO 2015/3 E., 2017/3 K.

AN ASSESSMENT OF THE DECISION OF THE CONSTITUTIONAL COURT C.A. (3)

REFERENCES

ABSTRACT

After the big bribery and corruption operations on 17 and 25 December 2013, involving the names of some ministers and their children, the political power blamed the Gülen Movement for these operations, which it described as a coup against the government. After the 17-25 December operations, the political power declared the Gülen Movement, which was previously accepted as a non-governmental organization in the form of the Gülen Community, Community, Hizmet Movement for many years and supported its activities, as an enemy labeling it as parallel structure.

After 17-25 December 2013, Prime Minister (President after 10 August 2014) Recep Tayyip Erdoğan and AKP Government's greatest aim and goal, both at home and abroad, was to end the Gülen Movement. Erdoğan declared this goal as the War of independence and said that the members of the Gülen Movement will pay a price from A to Z and will hold them accountable. In order to achieve this goal, he first wanted to have the Gülen Movement recognized and declared as a terrorist organization. Erdogan's biggest weapon in this regard would be the judiciary, which he attached to the executive power through legislative changes and political pressures.

To do this, changes were made in the existing legal system. Enemy Criminal Law practices were put into effect by suspending the rules of universal law. Special courts were established against the Gülen Movement, starting from the peace criminal magistracies to the Court of Cassation. Members of the existing courts were changed and pro-government judges were appointed to these courts. The judicial system was subordinated to the executive power, the independence of the judiciary and the guarantee of judgeship were destroyed. Every wish of the political power was fulfilled in the judiciary, or decisions that it did not want were prevented. Therefore, it was nothing more than a dream that people whom the government saw as enemy and marginalized expected justice from such a judicial organization.

More than 150,000 public officials were dismissed from their profession with a decree without their defense being heard, regulations were made to prevent them from working elsewhere, their health insurance was canceled, their assets were confiscated, and they were sentenced to starvation with their families. More than one million people were prosecuted for the crime of terrorism, and nearly 100 thousand people were arrested, nearly 20 thousand of them were women. Out of hatred and vengeance, the courts gave severe punishments which they did not apply to anyone else. Despite the legal obstacles, pregnant and postpartum women were arrested and put in prison with their babies. Tortured and killed during their custody and detention in prisons. People were kidnapped and tortured for months in unknown places.

Many people lost their lives because they were not provided with adequate treatment in prison and were not released. While most of the members of the Gülen Movement or the people who had relations with the Movement and benefited from its institutions were arrested, some of them crossed the Aegean Sea or the Meriç River to European countries via Greece. 35 people, including babies and children, drowned in accidents that occurred during this journey. Too many persecutions to count have been committed. Against all this, the political power and the judiciary could not show any evidence that these people committed terror and violence or any other crime. Some actions within the scope of fundamental rights and freedoms that were not (and still are) not considered crimes at the time of commission, such as using ByLock, depositing money in Bank Asya, teaching at a school affiliated with the Gülen Movement, and which are not considered crimes according to universal rules, are considered terrorist crimes and are punished by members of the Gülen Movement. persecuted in all areas of life, a genocide was experienced.

In this book, the government's process of seizing the judiciary and punishing the people and social parts it deems dissident, especially the members of the Gülen Movement, is explained, together with its evidence. The book consists of five chapters.

In the first part; Brief information was given about the operations on 17-25 December 2013, and the steps taken by the political power to target the Gülen Movement, to put pressure on the judiciary and to seize the judiciary after these operations were explained.

In the second part; The process by which the political power creates special judicial authorities, from criminal magistracies of peace to the Court of Cassation, in order to fight against the Gülen Movement, is explained, and it is emphasized whether these judges and courts have the status of independent and impartial courts. The issue that the Constitutional Court has ceased to be an effective domestic remedy is also mentioned in this section.

In the third part; The political pressure process that destroys the independence of the judiciary, such as the political power's pursuit of the cases against the Gülen Movement and the judges who hear these cases, putting pressure on them, issuing orders for arrest and release decisions, and dismissal of those who decide against their will are explained.

In the fourth chapter; Violation of the principle of No Crime and Punishment Without Law in investigations and lawsuits against members of the Gülen Movement, criminalization of non-criminal legal activities retroactively, discrimination in the enjoyment of rights and freedoms and restriction of rights, thereby violating Article 18 of the European Convention on Human Rights were focused on.

In the 3 articles included in the fifth chapter; The issue of red-handedness in the crime of membership of a terrorist organization, which comes to the fore in the detention of members of the judiciary, an evaluation on the decision of the 16th Criminal Chamber of the Court of Cassation, dated 24.04.2017 and numbered 2015/3E, 2017/3 K, and evaluation on decision of the Constitutional Court. CA (3) regarding the disposals on decree laws were examined.

In fact, this book does not show how the independence and impartiality of the judiciary should be, but how it should not be. Or? It can be said that it answers the question What shape would it take in the 21st century if the medieval Inquisition's judicial system had continued. We hope that one day these lands will find law and justice.

Dr. Hasan DURSUN- Mustafa Doğan

December 2021

ABREVIATIONS

AB: European Union

ACM: Assize Court

a.g.e.: ibid

AİHS: ECHR

AİHM: ECtHR

AKP: Justice and Development Party

AYM: Constitutional Court

B.: Application

BAM: Regional Court of Appeal

BM: United Nations

BM-İHK: United Nations Human Rights Committee

BM-KTÇG: UN Working Group on Arbitrary Detention

Bkz. / bkz.: See

CGK: General Criminal Chamber (GCC)

CHP: Republican People’s Party

CMK: Criminal Procedure Code

ECHR: European Convention on Human Rights

ECtHR: European Court of Human Rights

HDP: People’s Democratic Party

HSK: Council of Judges and Prosecutors.

HSYK: High Council of Judges and Prosecutors

K.: Decision

KHK: Decree Law

M. /m.: Article

MGSB: National Security Policy Document

MHP: National Movement Party

MİT: National Intelligence Service

MSHS: Civil and Political Rights Covenant

s.: Page

SCH: Peace Criminal Magistrature

SCM: Peace Criminal Court

TBMM: Turkısh National Assembly

TCC: Turkish Constitutional Court

TCK: Turkish Criminal Code

TMK: Anti- Terror Law

vd.: etc.

YBD: Unity in Judiciary Association

YBP : Unity in the Judiciary Platform

FIRST CHAPTER

17-25 DECEMBER OPERATIONS, TARGETING THE GULEN MOVEMENT AND THE STEPS OF THE GOVERNMENT TO SEIZE THE JUDICIARY

Information on 17 and 25 December 2013 Operations

Corruption Operation dated 17 December 2013

On 17 December 2013, the biggest corruption operation in the history of Turkey was carried out by the Financial Crimes Branch of the Istanbul Police Department, upon the instruction of the public prosecutors Celal Kara and Mehmet Yüzgeç, who were the prosecutors on duty in the Istanbul Chief Public Prosecutor's Office. In the operation that started in the early hours of the morning, with the accusations of bribery, abuse of office, bid rigging and smuggling in searches conducted in the homes and/or workplaces of the suspects, including the children of government members, millions of Turkish Liras, Euros, Dollars, safes and money counting machines were captured. in shoe boxes at the house of Süleyman Aslan the General Manager of Halkbank of that time, who were among the suspects, 4 million 500 thousand dollars were seized. Various crime evidences were seized during the searches conducted in the houses of dozens of suspects. Barış Güler, son of the then Interior Minister Muammer Güler, Salih Kaan Çağlayan, son of Economy Minister Zafer Çağlayan, Abdullah Oğuz Bayraktar, son of Environment and Urban Planning Minister Erdoğan Bayraktar, Halkbank General Manager Süleyman Aslan, businessman Ali Ağaoğlu, Reza Zarrab and 89 people, including the Mayor of Fatih Province Mustafa Demir, were taken under custody. A criminal report was drawn up against the aforementioned ministers and the Minister for European Union Affairs, Egemen Bağış, who was mentioned in the file, and sent to the Turkish Grand National Assembly. 26 people, including Minister's children Barış Güler and Salih Kaan Çağlayan, businessman Reza Zarrab and Halk Bank General Manager Süleyman Aslan, were put under pre-trial detention. Other suspects, including Minister Bayraktar's son, businessman Ağaoğlu and Fatih Mayor Demir, were released. i

As a result of the intervention of the political power, the police officers and prosecutors who carried out the investigation were dismissed. The investigation file was taken from prosecutors Celal Kara and Mehmet Yüzgeç on 29 January 2014 and transferred to prosecutor Ekrem Aydıner. On 17 October 2014, Prosecutor Aydıner decided that there is no room for prosecution and closed the case.

Many requests for release of the suspects, who were arrested after the operation, were denied by different judges. However, on February 14, 2014, 6 suspects, including Halkbank General Manager, were released by Magistrates Court (SCM) Judge Hulusi Pur. The minister's children and Iranian businessman Reza Zarrab were released on 28 February 2014 by Hakim İslam Çiçek. The interim injunction on Reza Zarrab's assets was lifted by Judge Cevdet Özcan on January 29, 2014. The injuction on the assets of Halkbank General Manager Süleyman Aslan was lifted by Judge Recep Uyanık on 10 February 2014. The aforementioned judges were appointed as peace criminal magistrates by the decision of the HSYK, after the establishment of peace criminal magistracies with the Law No. 6545, which entered into force on 28 June 2014.

The Corruption Operation dated 25 December 2013

On December 25, 2013, in the investigation launched by the Public Prosecutor Muammer Akkaş against 96 people, including the then Prime Minister Recep Tayyip Erdoğan's son Bilal Erdoğan, on charges of establishing and managing an organization to commit crimes, rigging tender and bribery, a custody list was drawn up for 41 people. The court decided to confiscate the assets of some businessmen. A summons to testify was prepared for Bilal Erdoğan as a suspect. However, the police officers did not follow the instructions of the prosecutor, with the instructions of the AKP government. Prosecutor Muammer Akkaş was dismissed immediately. He was replaced by the Prosecutors İrfan Fidan, İsmail Uçar and Fuzuli Aydoğdu. Bilal Erdoğan's statement was taken by the newly appointed prosecutors on February 5, and the case was closed on September 2, 2014, after the aforementioned prosecutors decided that there was no room for prosecution.

Events Occurred in the Police After the 17-25 December Investigations

Just one day after 17 December 2013, dismissals began at various levels of the Istanbul Police Department. On December 18, five branch managers, including those who carried out the operation, were dismissed. On 19 December, Istanbul Police Chief Hüseyin Çapkın was dismissed and appointed as the central governor, which is a passive and unauthorized task. On January 6, 2014, a major reshuffle was made at the Ankara Police Department at midnight. 350 police officers were relocated. On 8 January, a Deputy Chief of Police and chiefs of police of 15 provinces were dismissed, and new chiefs of police were appointed in 24 provinces. On January 22, 470 chiefs, deputy directors and officers were assigned to the Ankara Police Department. After the corruption operation on 17 December 2013, around 6 thousand police officers were transferred in a short time.

Events Occurred in the Judiciary After the 17-25 December 2013 Investigation

Significant changes were made in the structure of the HSYK with the law enacted by the Parliament with the initiative of the AKP Government immediately after the aforementioned operations. The new HSYK launched an investigation against the prosecutors and judges involved in the investigation, and inspectors were appointed. 19 prosecutors and one judge, including Istanbul Chief Public Prosecutor Turan Çolakkadı, were replaced. HSYK Chief Inspector Ömer Kara demanded the dismissal of prosecutors Zekeriya Öz, Celal Kara and Mehmet Yüzgeç in his investigation report regarding the 17 December operation. Prosecutors Zekeriya Öz, Celal Kara, Mehmet Yüzgeç and Muammer Akkaş, who conducted the investigation, and Zekeriya Öz, the deputy chief prosecutor in charge of the office where these prosecutors work, were handed over from the file, and their places of duty were changed and later dismissed.

In line with the report prepared by the HSYK inspector, prosecutors Celal Kara and Muammer Akkaş were prosecuted for abuse of office and judge Süleyman Karaçöl for neglect of duty. An arrest warrant was issued for Judge Süleyman Karaçöl. An investigation was launched against Prosecutors Zekeriya Öz, Celal Kara, Mehmet Yüzgeç and Muammer Akkaş on charges of membership of a terrorist organization, attempted coup and an arrest warrant was issued for their immediate apprehention.

On January 31, 2014, a criminal organization investigation was launched by prosecutor İsmail Uçar, who was later assigned to the file, against the police officers who conducted the initial investigations, wiretapping and technical follow-ups regarding the 17 and 25 December operations. ii Almost all of the police officers involved in both investigations were arrested in the operations on July 22, 2014, which started after the establishment of the criminal judgeships of peace. After the July 15 coup attempt, the spouses and children of some of the detained police officers were also arrested and are still in prison.

Events Occurred in the Legislative and Executive After the 17-25 December Investigations

After the 17 December operation, the Ministry of Interior and the Ministry of Justice made an amendment to the 'Judicial Police Regulation', and the Police and Gendarmerie officers were obliged to inform their superiors in judicial events. With the amendment published in the Official Gazette on Decemberiii 21, 2013, it was stipulated that the highest-ranking law enforcement chief should immediately notify the local authority, who is responsible and authorized to prevent crime, to protect public order and trust, and to take the necessary measures in this regard. iv This change paved the way for the government to intervene in the corruption investigations by receiving advance notice.

With the amendments made in the HSYK Law, the Minister of Justice, in her capacity as the President of the HSYK, has been given broad powers in many matters such as the appointment of judges, prosecutors and justice inspectors, and their disciplinary investigations.

Muammer Güler, Minister of Interior, Minister of Economy Zafer Çağlayan, Minister of Environment and Urbanization Erdoğan Bayraktar, whose names were involved in bribery and corruption, had to resign from their posts on 25 December 2013. Egemen Bağış was dismissed from his position as the Minister for European Union Affairs.

Prime Minister of the time, Recep Tayyip Erdoğan, described the 17-25 December investigations as a crime of staging a coup targeting the government and blamed the Gülen Movement, which he described as a parallel structure, for the operations.

Investigation Launched in USA Against December 17 Investigation Suspect Reza Zarrab

Reza Zarrab, one of the prime suspects in the December 17 investigation, was arrested in Miami during a trip to Disney World with his family in March 2016 and he was brought to New York. Zarrab made an agreement with the prosecutor's office in the United States and plead guilty of all seven charges against him. Halkbank Deputy General Manager Hakan Atilla was arrested in March 2017 as part of the same investigation while he was in the USA. Hakan Atilla was charged in the USA with accusations of conspiracy to defraud the US Treasury Department, conspiracy to violate the International Emergency Economic Powers Act, fraud in the banking system, conspiracy to commit fraud in the banking system , money laundering and conspiracy to launder money".

At the end of the trial, he was found guilty of charges other than money laundering. Reza Zarrab, who made an agreement with the US Attorney's Office, testified as a witness in this case. At the hearing, Zarrab said that he was arrested in Turkey on December 17, 2013, during the investigation organized within the scope of corruption and bribery allegations, and that he was released partially by bribing. Within the scope of these allegations, four indictments were prepared in the USA. In the last indictment, which was prepared at the beginning of September 2019, with the addition of former Minister of Economy Zafer Çağlayan, former CEO of Halkbank Süleyman Aslan, former manager of Halkbank Levent Balkan and with the addition of Zarrab's man and one of the suspects of the 17 December 2013 investigation in Turkey, Abdullah Happani, the number of the defendants rose to nine. Some of the documents shown as evidence in the indictment in the USA are wiretapping, tapes, documents and photographs obtained in the corruption investigation dated 17 December 2013 in Turkey. A deputy commissioner, who also took part in the investigation in Turkey, testified as a witness on behalf of the prosecution at the hearing in the USA.v

In November 2017, the Istanbul Chief Public Prosecutor's Office launched an investigation against Preet Bharara, the former prosecutor of the Southern District of New York, and prosecutor Joon H Kim, on the grounds that the document and evidence taking place in the Reza Zarrab case file in the USA are stolen, of false content and the source of which is unknown. vi

How did the Gulen Community turn into the FETO/PDY Armed Terrorist Organization?

In order to determine what thoughts, aims and targets lie behind the investigations and restrictions on the rights of members of the Gülen Movement, it is necessary to take a look at the perspective and dominant role of the political power in the process of turning from the Gülen Community into the FETÖ/PDY Armed Terrorist Organization. Again, the efforts of the executive to seize the judiciary, the independence problem of the Turkish Judiciary, its attitude towards political pressures and towards the members of the Gülen Movement should also be evaluated within this framework.

The structure that calls itself the Hizmet Movementvii and is also called the Gülen Movement and the Gülen Community; It can be defined as a unique non-governmental organization operating within the framework of Fethullah Gülen's views and teachings. For nearly 50 years, he has carried out some studies in fields such as education, culture, health and humanitarian aid. It is a non-governmental organization that operates through legal entities such as educational institutions, companies, associations, foundations, which are established within the framework of laws and are subject to supervision. All governments, including those before the Justice and Development Party (AKP), which is still in power, have accepted the Gülen Movement as a non-governmental organization for many years as the Gülen Community, Community, Service Movementviii. Beyond that. They personally participated in the openings of the, education, health, finance, etc. institutions affiliated with the Gülen Movementix, applauded and supported their activities.

After the big bribery and corruption operations involving some ministers and ministers' children on 17 and 25 December 2013, the political power blamed the Gülen Movement for these operations, which it described as a coup against the government, and later on declared enemy with discourses such as parallel structure, traitor, agent, virus, assassins. The Gülen Movement, which it did not see any illegality in its activities until the 17-25 December investigations, was gradually marginalized after that date, and being shown as suspicious, dangerous, enemy, by using State facilities and media power at the command of the Government. It started to be declared as a terrorist structure.

After 17-25 December 2013, Prime Minister Recep Tayyip Erdoğan (The President after 10 August 2014) and the AKP Government's greatest aim and goal, both at home and abroad, was to end the Gülen Movement. Erdoğan declared this goal as the War of independence and said that members of the Gülen Movement would pay a price from A to Z and be held accountable. In order to achieve this goal, he first wanted to have the Gülen Movement recognized and declared as a terrorist organization. x Erdogan's biggest weapon in this regard would be the judiciary, which he attached to the executive with legislative changes and political pressures.

President Erdoğan first brought the matter to the National Security Council to get a terrorist organization decision on the Gülen Movement, but it was not easy for him to get the decision he wanted. Until the meeting on 26 May 2016; The parallel structure that hardens gradually, in the form of organizations that threaten our national security, illegal structures, parallel structures and illegal organizations, parallel state structures and illegal organizations operating under the legal guisexi, but without explicitly giving the name of the Gülen Movement. was replaced by the concept of FETO/PDY armed terrorist organization xii after the phrase parallel state structure as a terrorist organization" was used at the National Security Council meeting on May 26, 2016. xiii

However, despite the state's use of all its means, the efforts of the government to portray the Gülen Movement as a terrorist organization and have it accepted by the public did not find a response in the period until the 15 July coup attempt. Until the coup attempt on July 15, 2016, there was no concrete evidence showing sufficient suspicion to convince objective observers that the Gülen Movement had resorted to acts of violence, and even the primary owners of this claim stated in their statementsxiv after July 15, 2016, that they did not believe that the movement in question was a terrorist organization. Nobody believed that this structure, which everyone, including the political power, knew well and somehow participated in or supported, was a terrorist organizationxv. It has never been seen that the members of the Movement, which have been operating in fields such as education, culture, health and humanitarian aid for nearly 50 years, resorted to acts of terrorism and violence.

In the 41-page presentation dated 11 May 2016 submitted to the investigation file of the National Intelligence Organization (MIT) with the investigation number 2015/126342 of the Istanbul Chief Public Prosecutor's Office; It has been stated that the biggest obstacle to the Gülen Movement's being accepted as an armed terrorist organization is the absence of an act that could be detected/proven by using weapons. In the continuation of the presentation, it was stated that for the definition of an armed terrorist organization, members of the organization must use force with weapons, and after that, all activities such as giving donations and training activities can be considered within the scope of a terrorist organizationxvi. Two months after this presentation, which was intended to guide/instruct the judicial authorities, the July 15 coup attempt took place. As will be stated below, on the same night, Erdoğan blamed the Gülen Movement for this incident, and legal activities of its members were later considered as evidence of membership in a terrorist organization.

Departing from Marmaris to Istanbul on the night of the July 15 Coup Attempt, President Erdoğan, in his speech at Atatürk Airport at around 04:00, described the coup attempt as a great blessing from God and saidxvii, It has become clear that they are an armed terrorist organization. Saying that, aside from the judicial decision, he declared the Gülen Movement responsible for this incident at a stage when even the soldiers who were staging the coup were not caught or questioned yet.

After this date, enemy criminal law practices xviii against people who took part in the Gülen Movement, were devoted to, sympathized with, participated in its activities and had nothing to do with the failed coup attempt, reached its peak. As a result of the joint and harmonious work of the executive and judiciary units, hundreds of thousands of people were subjected to persecution and inhumane treatment, including those who were not even known to be part of the Gülen Movement or even sympathized with, but were suspected. More than one hundred and fifty thousand public servants were dismissed, more than one million people were prosecuted for the crime of terrorism, nearly 100 thousand people were arrested, nearly 20 thousand of whom were women. In addition to this, many human rights violations were carried out systematically, from abductions to torture, from confiscating all their assets to being deemed inappropriate and banned people for life.

While there is no allegation of terrorism and violence against even one of the more than one million people against whom judicial/administrative proceedings have been launched by the political power and the judiciary under its control (under the name of FETO/PDY), the accusations made are activities aimed at exercising fundamental rights and freedoms, and personal choices that do not actually carry any criminal element such as using ByLock peer to peer messaging application, investing money in a Bank Asya" account, working in schools affiliated with the Gülen Movement, membership in associations/unions,

Declaring the Gülen Movement as an Enemy

Targeting the Gulen Movement by President Erdogan and the AKP Government

Following the bribery and corruption operations on 17-25 December 2013, members of the Gülen Movement, whom the political power declared enemies with the parallel structure rhetoric, after this date, was targeted by the Prime Minister Erdoğan (The President after 10 August 2014), AKP Government, pro-government media and high-level state officials. This issue is important in terms of determining the real purpose of the restrictions on the rights of the members of the Gülen Movement and whether the government has a hidden purpose other than the purpose presented to the public as fight against terrorism.

Some of the discourses revealing the feelings of hatred, resentment and revenge that emerged against the Gülen Movement after 17-25 December 2013, othering the members of the Gülen Movement, making them hostile, making them pay the price, limiting and destroying their rights by using the judiciary in a planned and systematic way. is as follows:

Erdoğan (18.12.2013): It was a process that started with the Gezi events, and now they have taken a new step (the 17 December operation). Currently, unfortunately, they are taking these steps with an effort of state within the state. But we will definitely bring this organization out. Even if this was our father's son, we will not listen. We will do what is necessary in a way that is necessary. xix

Erdoğan (21.12.2013): "(Regarding the 17 December operation) Now they have made up something new as corruption. At first, they thought that this operation was against the government, but this operation was an operation against the nation. ...They are plotting such an ugly plot against Turkey, because they lost their gain. There is a huge betrayal out there by means of their tools in Turkey. We will hold accountable for this betrayal through the judiciary. We will hold the account of this spying through the ballot box and through the judiciary. No outside power can operate in my country. Those days are gone now. ... There cannot be a parallel structure in the state. We will go into your den and we will tear it apart. xx

Erdogan (28.12.2013): Make no mistake. What did they name it? They named it as corruption operation. If people who set their heart and serve this nation are arrested as a result of unimaginable case files, if preparations are made to convict them, there is something wrong here. They made the country lose a lot in Gezi, and now they make the country lose a lot with this. How will they account for this? They set up an event called university exam preparation courses-dersaneler", they started with it and brought it here. Know that this event is the continuation of this exam courses process. I am calling out to those who are devoted to the AK Party cause, come and say that the state schools are enough for us, we do not want anything else. xxi

Erdoğan (29.12.2013): "Whose prosecutor are you? You are the prosecution. For whom? On behalf of the nation. How do you launch case files about innocent people and try to shadow those people by leaking false files to the media? There is no such authority. The loss of this country in 11 days is 120 billion dollars. Who will pay for this? I'm asking. That's why I'm calling out to my people on the screen. March 30 is a milestone. People will ask for this account. xxii

Erdoğan (16.02.2014): "I am telling you frankly, this parallel structure lives in Turkey, but it does not know this nation at all. When it comes to its independence and freedom, this nation does not fear anyone. Have no worries. Wherever they hide, no matter how they hide, we will find this parallel structure, we will take it out, and we will hold it accountable before the nation and within the law. xxiii

Erdoğan (16.02.2014): "Here you saw yourselves a newspaper published the images of the attack on MIT trucks. to an organization of this country, that parallel, you know that There is this parallel structure, you learned it didn't you? This nation will not forgive this. This nation will not forget that. We will keep an account of all this spy activity, espionage. In whose name they are doing this, all of it will come out. We will also ask the leaders who gave instructions to them. We are patient. Those you call as Hodja, elder brother and sister, are in a clear betrayal against both you and their own country. They have abused your pure and clean feelings. Here are the treacherous instructions given to the cops. xxiv

Erdoğan (25.02.2014): "This is a battle for independence. We will not hesitate for a moment to lay down our lives in the name of our independence. On 17 December, an open attack was made on the will of nation, our institutions and values. On 17 December, then with the 25 December attack, the government would be eliminated. and they would seize the administration once again. This coup attempt will not be left unaccounted for. First the nation and then the judiciary will hold them accountable for this coup attempt. We will reveal all the disgraces of this parallel organization and the parallel structure one by one, and we will make them and those who march together with them so condemned that they cannot walk in the streets. xxv

Erdoğan (12.03.2014): "For once, you cannot call it a community. You will call it a criminal organization, why are you afraid? You will not call it community; you will call criminal organization. They will gather and curse the prime minister of the state. Is this community? This is not a community; this is a criminal organization. There’re all kinds of inconsistency here. We seriously need to clean the state from these viruses. Information began to flow in front of us in this matter. The pool gets richer at this point. As we said at the last MGK meeting, there is a threat to the national security. We cannot ignore this matter. We have to take countermeasures in this regard. xxvi

Erdoğan (20.03.2014) "There is no such thing as morality in them. There is no such thing as a level. They are devoid of humanity. I talked about this with the religious authorities and we also know a little bit. A