Second trial in historic Ergenekon probe begins

The suspects included in the trial with this hearing include former Anti-Smuggling and Organized Crime Department Chief Adil Serdar Saçan, former Esenyurt Mayor Gürbüz Çapan, journalist Tuncay Özkan and retired generals Arif Doğan and Hasan Atilla Uğur. These individuals have been in jail since their arrest as part of the investigation. All 16 suspects in the indictment who have been jailed were brought to court yesterday.

Twenty-eight of the suspects who were indicted but released pending trial, including retired Gen. Hurşit Tolon, Ankara Chamber of Commerce (ATO) Chairman Sinan Aygün, journalist Emin Şirin and Erol Mütercimler as well as Ferda Paksüt came to the Silivri Prison Complex yesterday. The prison is hosting the İstanbul 13th Higher Criminal Court, which is hearing the case. Paksüt was accompanied by her husband, Osman Paksüt, the deputy chairman of the Constitutional Court. A small group of protesters supporting journalist Özkan also gathered in front of the prison complex.

The trial began with suspects identifying themselves to the judges. Former Mayor Çapan, when asked by one judge “What do you do for a living?” responded: “I am a physician.

I commit crimes. I commit all crime that take place in Turkey. In the past, I was tried for being a member of Dev-Yol [an armed left-wing organization]. Now, there is the Ergenekon trial and I am being tried for being a member. I was tried for being a member of the mafia in the past. I am a professional criminal. I have been in court for the past 10 years. I share all my income with my lawyers.”

The courtroom, with a capacity of 740 people, was built specifically for this trial.

Turhan Çömez, a former deputy from the Justice and Development Party (AK Party) and a suspect at large in the Ergenekon trial, was one of the missing suspects at yesterday's trial.

The first hearing of the second Ergenekon trial was held yesterday at Silivri Prison, marking the start of the trial of 56 suspects. The courtroom, with a capacity of 740 people, was built specifically for this trial.

The presiding judge, Köksal Şengün, noted that each suspect in the Ergenekon trial can at most have three lawyers. Several lawyers, denied entry to the courtroom at first, were later accepted after objecting.

The suspects were then asked about their professions and monthly income. One of the suspects, Birol Başaran, asked Şengün whether the Silivri prison could be cited as his residential address. In his response, Judge Şengün said, “This is your temporary address, provide the other one.”

When several suspects criticized the size of the courtroom, Şengün said it was the largest and best one in the country.

When the presiding judge asked suspect Mahir Akkar what he does for a living, Akkar said: “In the indictment, prosecutors determined some jobs for me. Do you want me to state them?” He then said he was a journalist but had lost his job after being indicted in the Ergenekon trial.

Republican People's Party (CHP) deputies Mehmet Ali Özpolat and Şahin Mengü as well as İstanbul Bar Association President Muammer Aydın came to Silivri yesterday to follow the second Ergenekon trial.

The İstanbul 13th High Criminal Court accepted the second indictment, which was prepared by prosecutors Zekeriya Öz, Fikret Seçen, Ercan Şafak and Murat Yönder on March 25, 2009.

The court held the first hearing of the first indictment on Oct. 20, 2008. On June 12 it decided to go on summer recess.

From the indictment

The five-part second indictment is 1,909 pages long and deals with 56 suspects. The first section contains a summary of the first phase of the Ergenekon investigation and the first indictment. The second section provides information on later phases of the investigation and the organization described as “Ergenekon.” The third section deals with crimes committed by the organization and the fourth section addresses other activities carried out by the organization and its relationship with other organizations, including nongovernmental and media organizations. The fifth section details individual activities carried out by the suspects, the crimes these activities constitute and their punishment.

Retired Gen. Mehmet Şener Eruygur, released from custody for health reasons two-and-a-half months after being arrested, and retired Gen. Hurşit Tolon, also released from custody seven months after being arrested, are being charged for setting up and leading a terrorist organization, recording personal data, attempting to destroy the government of the Republic of Turkey or to block it from performing its duties, destroying, distorting, stealing and acquiring secret documents on national security, exerting influence over the judiciary, provoking armed unrest against the government, attempting to destroy the Turkish Parliament and blocking it from performing its duties, carrying out premeditated murder, carrying explosives, firing weapons that pose a threat to people's life, health and property or that incite fear, concern and panic, damaging property and acquiring prohibited documents. The indictment demands punishing Eruygur and Tolon, who are being accused of leading the organization and of being responsible for an attack on the Council of State and the Cumhuriyet daily headquarters, with a triple sentence of between 142 to 246 years imprisonment and a triple sentence of 129 to 219 years imprisonment, respectively.