Court rescinds ‘Balyoz’ release ruling

The panel, which made its ruling on Sunday, said there is strong evidence indicating that the suspects were involved in the crimes they are charged with and their release goes against the existing procedures and legislation. The court rescinded Kuban's ruling to release the 19 subjects and issued a warrant for their arrest. Kuban had released the 19 suspects due to the “existence of serious doubt regarding the crime." The panel of the same court, when Kuban was absent, ruled that there was strong evidence indicating the involvement of the suspects in the crimes they are accused of. The panel also said Kuban had acted "irresponsibly and arbitrarily."

The text of the panel’s decision said: “Kuban’s decision to release the suspects that were arrested by a panel of three judges was against the spirit and essence of the law. If it was considered in line with the law, that would mean accepting a judge’s discretion based on the social standing and influence of the suspects, in violation of the constitutional article securing equality.”

However, Kuban can release all the suspects again next time he is on duty. Evaluating the court’s ruling to cancel the release, Faik Tarımcıoğlu, a former military prosecutor, said Kuban’s ruling regarding the suspects, who are facing very serious charges, came very early in the investigation and agreed with the court panel that the release was against procedural norms and was subjective. He also noted that there is no mechanism that could stop Kuban from releasing the suspects once again. “Yes, he might release them once again,” Tarımcıoğlu said.

The panel also issued arrest warrants for Gen. Yurdaer Olcan and Gen. Abdullah Dalay, who were released by Kuban earlier this month after their interrogation. Olcan is the highest ranking active duty officer so far arrested in the two investigations currently under way into plots to overthrow the government.

Retired Col. Kubilay Aktaş, one of the 21 for whom the court issued a warrant, arrived at the İstanbul Courthouse on Monday and turned himself in. Aktaş had a briefcase with him when he came to the courthouse.

The panel of judges did not rule to rearrest retired Adm. Özer Karabulut. Among those who are to be rearrested are retired Gen. Engin Alan, retired Gen. Çetin Doğan, retired Gen. Süha Tanyeri, retired Gen. İzzet Ocak, retired Col. Aktaş, retired Col. Suat Aytın, retired Col. Bülent Tunçay and retired Col. Ümit Özcan as well as active duty military officers Adm. Semih Çetin, Gen. İhsan Balabanlı, Gen. Bekir Memiş, Col. Yüksel Gürcan, Col. Levent Çehreli, Col. Abdullah Zafer Arısoy, Col. Recep Yıldız, Col. Mustafa Önsel, Lt. Col. Ali Rıza Sözen, non-commissioned officer Musa Fariz and Lt. Col. Hanifi Yıldırım.

Lawyer Yusuf Erikel and publisher Hayri Bildik, who are accused by prosecutors conducting the investigation into Ergenekon, a clandestine organization charged with plotting to overthrow the government, of having plotted to assassinate Freemasons, were arrested once again following their release last week by Kuban.

Ergenekon prosecutor Zekeriya Öz immediately appealed the decision to release the two last week. The İstanbul 12th High Criminal Court panel, during Kuban’s absence, issued an arrest warrant on Friday.

On Thursday, Kuban released 22 suspects who had appealed their arrest.

Kuban was also the judge who earlier released Col. Dursun Çiçek. Çiçek is accused of authoring the Action Plan to Fight Reactionaryism, which outlines a Turkish Armed Forces (TSK) plan to damage the image of the Justice and Development Party (AK Party) government and the faith-based Gülen movement in the eyes of the public, to downplay the Ergenekon investigation and to gather support for members of the military arrested as part of the inquest.

In related developments, Gen. Çetin Doğan, the alleged author of the Sledgehammer coup plot, who was hospitalized at the Gülhane Military Academy of Medicine (GATA) following his controversial release last week, will continue to stay there for some time, according to his doctors. Doğan’s lawyer Celal Ülgen said yesterday that Doğan’s condition was serious and the doctors will not be releasing him from the hospital. He said Doğan was to undergo surgery but did not specify the reason.

According to the Sledgehammer plot, made public by a newspaper in January, the TSK had a systematic plan to create chaos in society by bombing mosques and attacking popular museums. The attacks’ desired result was to increase pressure on the Justice and Development Party (AK Party) government for its perceived failure to provide security to its citizens. The attacks were to eventually lead to a military coup. The plan was drawn up in 2003 and discussed at a seminar held at the General Staff’s Selimiye barracks in March of that year. The Sledgehammer plan was included in the third indictment prepared in the investigation into Ergenekon.