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May 27, 2012
 
 
 
 
 
 

Balbay document was found in Sauna gang probe

22 December 2009 / BÜŞRA ERDAL, İSTANBUL
A document classified as “secret” by the prosecution conducting the Ergenekon investigation into a clandestine gang charged with plotting to overthrow the government, was found during a search that took place as part of the probe into Sauna, a criminal gang that used blackmail to extort money from various public figures, according to the lawyers of Ergenekon suspect and Cumhuriyet daily Ankara Bureau Chief Mustafa Balbay.

The 25th hearing in the second trial into Ergenekon, where 108 suspects face various charges, was held yesterday in Silivri, where most of the suspects in custody are being held. The trial, based on the two latest indictments prepared in the investigation, focuses on documents detailing plans to stage a coup d’etat against the Justice and Development party (AK Party) government. In yesterday’s hearing, a lawyer representing Balbay, who is in custody, demanded the release of his client, saying a document, titled “Iranian Strategic Intelligence” and classified as “secret” in the indictment, that has been used to justify the perpetuation of Balbay’s time in custody, was in fact a public document as it had been seized in the house of a Special Forces Command officer who stood trial as a suspect in the Sauna investigation. The lawyer also noted that the same officer was issued a jail sentence which was overturned by the Council of Chambers of the Military Supreme Court of Appeals. Meanwhile, defendant Emcet Olcaytu, a member of the Workers’ Party (İP), demanded that a minute of silence be held out of respect for Naval Lt. Col. Ali Tatar, who shot himself on Sunday after he found out that he was going to be taken in custody a second time after being released earlier in an investigation into what investigators believe is an Ergenekon-related gang inside the Navy. The lieutenant colonel was suspected of planning with several other naval officers to assassinate two Navy admirals. The court panel said they respected the request, but they chose not to allow a minute of silence for Tatar.

Meanwhile, several deputies of the Republican People’s Party (CHP) -- namely Şahin Mengü, Ali Rıza Öztürk, Malik Ejder and Bülent Baratalı -- were observed in the seats reserved for defense lawyers. Prosecutor Mehmet Ali Pekgüzel requested that the court determine the identities of those sitting in defense lawyers’ seats. Presiding Judge Köksal Şengün asked the CHP deputies to identify themselves. The deputies said they were a team of observers from the CHP and identified themselves and the cities they represent in Parliament.

Meanwhile, the court yesterday announced that the case of İbrahim Şahin, who appears to be suffering from a sudden onset of dementia, would be referred to the Council of Forensic Medicine (ATK) to establish whether he legally has criminal liability.

In an earlier report, ATK doctors noted that Şahin suffers from both short and long-term amnesia, adding that he needs to be constantly monitored. The report underlined that the patient’s orientation, general awareness of his surroundings and sense of time were distorted, noting that he was not aware of the season, the month or the date. It also stated that Şahin’s test scores measuring his ability to focus and maintain attention and learn new things were very low, adding that he had trouble distinguishing individual faces.

The report also established that the patient’s visual memory tests showed similar results, hinting that Şahin’s perception, attention and recognition were greatly distorted. The report also stated that he appears to conform to the diagnosis for dementia, according to tests that measure abstract thinking skills such as interpreting proverbs, drawing dual metaphors and drawing a clock. In the clock drawing test, Şahin placed the numbers with great hesitation and was only partially correct. The report said the patient’s illness appeared to be chronic.

The report also said he suffered mild dysarthria, two-sided dissymmetry, poor concentration, cognitive defects and cerebella syndrome.

 
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