Trial Summary Of Fusun Erdogan Which Resulted In A Punishment Of Life Sentence

by Ali SARISOY, Fusun Erdogan’s Lawyer
(Comments of the Lawyer are indicated within parentheses.)

1-      Coordinator of Ozgur Radio, Fusun Erdogan, is being under surveillance by Istanbul Police Department’s Anti-Terror unit.

(The governor of Istanbul, Muammer Guler who is the Minister of Internal Affairs now, told the press that defendants were under surveillance for two years before the operation.  However, the Prosecution indicated that the investigation started in 2006 which indicates the above mentioned surveillance is unlawful)

2-      On June 14, 2006, it was decided to start a technical surveillance for seven people (Fusun’s name is not included) who were believed to be the members and leaders of the terrorist organization, MLKP.  This was extended six times by the court.  Names and dates can be found in the attached original Turkish document.

3-      The office of Prosecution in Istanbul decided to limit the rights of the suspects and their defense council to obtain or study the file at the request of the 9th Heavy Penal Court on June 14, 2006.

4-      One last time, Istanbul Police Department’s Anti-Terror Unit requested an extension for the technical surveillance for a week starting from Sept. 5, 2006 for the seven people (again, Fusun’s name is not included).

5-      Based on this request, the house of Naci Guner in the village of Ocakli in Aydin Province was under technical surveillance for almost three months starting from June 14th to September 5th, 2006.  Naci Guner had lived in that house for 10 years together with his wife.  Officials of the Istanbul Anti-Terror Unit kept daily reports for this.

(AS IT CAN BE SEEN IN POINTS 1-5, UNTIL SEPT. 5, 2006 THERE IS NO ACCUSATION AGAINST FUSUN ERDOGAN BECAUSE THERE IS NO MENTION OF HER NAME IN THESE DAILY REPORTS).

6-      Istanbul Anti-Terror Unit added Fusun Erdogan to the ongoing investigation after they received an anonymous e-mail on August 25, 2006 (at 21:08 and 20:37 hours).  After this, they considered her as the financial leader of the organization.

  • You do not need to be very smart or experienced in order to understand that this was sent by an official.
  • In the first sentence of this email, the informer describes himself as good revolutionary and all the money collected by the organization in Turkey and abroad is being controlled by Fusun Erdogan and used for investment or even abused by her for personal use.
  • If this person is a really good member of the organization, why would he report it to the police rather than to the central committee of the organization?
  • Timing of this informer is interesting; just one week before the operation.
  • Having this “tip” only for Fusun Erdogan and her husband, Ibrahim Cicek, is another surprising part of this “tip”.  These two people were not included in the earlier investigation.
  • This “tip” is being researched very carefully by the prosecutor which is also interesting.  Because all the assets and bank accounts of not only Fusun Erdogan but also her relatives and friends were investigated very carefully.  At the end, no suspicious activity was reported by the prosecutor.
  • The prosecutor did not stop there and 14 other people, who were not suspect but had some relationship with Fusun Erdogan, were investigated in 2009 and accused of assisting an illegal organization.   After the trial, every one of them was acquitted.
  • AS A RESULT, IT WAS CONCLUDED BY THE JUDICAL AUTHORITIES THAT THIS EMAIL WAS NOT AUTHENTIC AND REAL.  DESPITE ALL THIS, IT IS A BIG CONTRADICTION TO ACCEPT FUSUN ERDOGAN AS THE LEADER OF THIS ORGANIZATION RESPONSIBLE FOR THE FINANCIAL AFFAIRS.

7-      On Sept. 8, 2006 police started operations in different parts of Turkey.  Fusun Erdogan was taken into custody in Balcova, Izmir while visiting another radio station called Demokrat Radio.  She was blind-folded and brought to the Ocakli Village in the province of Aydin to the house of Naci Guner (a triplex house).  Official report was taken as if she was caught together with 7 others in the above-mentioned house.

  • THERE ARE SERIOUS CONFLICTS IN THIS REPORT WHICH MAY INDICATE THIS REPORT WAS FAKE.  THE COURT DID NOTHING TO ADDRESS THESE CONFLICTS AND REFUSED THE DEFENSE LAWYERS’ REQUEST OF MORE DETAILED INVESTIGATION.
  • Fusun Erdogan has always said that she was taken to the house after being arrested in a different place.  (Let’s assume Fusun Erdogan is lying).
  • Five of the seven suspects also insisted on being arrested somewhere else and brought to the house by the police.  (Is it possible that every one of these five people would lie independently?  Isn’t this strange?  Let’s assume they are lying!  Why would they travel with their own real IDs?  Why would they put their real names under the computer documents supposedly collected by the police?)
  • Even though this house was under surveillance between June 14 and September 5, 2006, there is no evidence showing neither Fusun Erdogan nor the other suspects entering the house.  The camera records of the last three days were never made available to the defense lawyers despite persistent requests by the defense.  (How is this possible?)
  • Supposedly eight people are staying in the same house but there is no sign of bedrooms, kitchen, bathroom, and toilette being used.  There may have been smokers, but not a single ashtray with cigarette butts found. (Is this normal?)
  • No fingerprints or hair samples of Fusun Erdogan were found in the house at the time of arrest on Sept. 8, 2006.
  • At the time of search, there were six SIM (cell phone) cards found but none had any call records tracing back to Fusun Erdogan were found.
  • According to later investigation, none of the hand-written documents belonged to Fusun Erdogan.
  • Search records at the time of arrest shows Fusun Erdogan was traveling with her own real ID.
  • There was no forceful entry to the house.  The door was opened by the owner when the bell rang by the police.  (Imagine a situation where many police vehicles surround the cell house of the organization at the time of an illegal meeting just before the sun-down, these suspects do not hear anything and open the door voluntarily.  They do not even think of destroying evidence.  How logical is this?)

8-      During the search in this house, there were some documents found with list of names.  Fusun Erdogan’s name was also included.

  • However, none of these documents had Fusun Erdogan’s fingerprints.  No fingerprints were found!
  • These documents were computer outputs.  However, no CD, hard disc, or flash disc was found.  Who wrote these documents and where/how are still unknown.  (Can one claim that these were written by Fusun just because they included her name?  Why should she use her real name rather than a code name?)
  • It is possible for anyone to prepare these documents.  It was necessary to determine which computers were used and when these documents were prepared. However this was not done.

9-      Fusun Erdogan was not allowed to meet her lawyer for 24 hours after her arrest on Sept. 8, 2006.

10-  Information on four-day police custody was not disclosed to her relatives even though she did not authorize the police to do so.  This can be seen in police reports of Sept. 9, 2006 and Sept. 10, 2006 taken at 20:30 and 18:45, respectively.

11-  Fusun Erdogan was arrested on Sept. 12th, 2006 by the 14th Heavy Penal Court in Istanbul charged with being a financial leader of an illegal organization MLKP.

12-  A court case is filed by the prosecutor office in Istanbul on May 17, 2007 accusing her with violation of Constitution and being a leader of an illegal organization (therefore, being responsible for possible 160 actions committed by MLKP).

13-  On November 5, 2013, Istanbul 10th Heavy Penal Court sentenced Fusun Erdogan at the 22nd hearing with the following:

Life sentence for the violation of Constitution and

As a leader, about 700 years of additional imprisonment and considerable amount of monetary fine for all the actions considered to be taken by the MLKP organization.

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