Supreme Court of Appeals
T.R.
ISTANBUL
2nd HIGH CRIMINAL COURT
Principle Cause No : 2004/337
Verdict No : 2005/230
Public Pros. of Rep. No : 2003/19113
ON BEHALF OF TURKISH NATION
STATUTE OF LIMITATIONS
(TCL Article 102/4)
PRESIDENT : SALIH OZTURK 20709
MEMBER : NASID GÜREL 22838
MEMBER : SEVGI OVUC 25690
PUB.PROS.OF REP. : ORHAN ERBAY 27986
CLERK : SAFAK KIRAZOGLU
CLAIMANT : K.H.
INTERVENORS : 1- Ebru Şimşek Adlig
2- Fatih Altayli
ATTORNEYS : Att. Rezzan Aydinoglu (Attorney of both intervenors)
Att. Nalan Kuguoglu, Gayret sok. Murat apt. No:16/3 M.köy/Ist.
(Attorney of both intervenors)
CRIME : Establishing crime ring for personal gain, demanding interest through threatening, helping the crime ring for personal gain
DATE OF CRIME : 12.11.1999 and before
INCARCERATION DATE : 12.11.1999 (Defendants Mustafa Kemal Gul, Ufuk Ozturgut, Hatice Tijen Ozdemir, Alev Ulasoglu, Meltem Arikan, Korkut Yasa, Kartal Is, Turgut Aksu, Altug Mustak Berker, Burak Sanver, Emre Calikoglu, Mesut Soltay, Muhammet Cihat Gundogdu, Mehmet Murat Atmaca, Murat Terkoglu, Gokalp Barlan, Ersin Alacadag)
DATE OF RELEASE : 18.11.1999 (Defendants Mustafa Kemal Gul, Ufuk Ozturgut, Hatice Tijen Oztemir, Alev Ulasoglu, Melten Arikan, Korkut Yasa, Kartal İs, Turgut Aksu, Altug Mustak Berker, Burak Sanver, Emre Calikoglu, Mesut Soltay, Muhammet Cihat Gundogdu, Mehmet Murat Atmaca, Murat Terkoglu, Gokalp Barlan, Ersin Alacadag)
INCARCERATION DATE : 12.11.1999 (Defendants Secim Kose, Tarkan Yavas, Ali Suat Kutahnecioglu, Tolga Horoz, Adnan Tinarlioglu, Bahaettin Selcuk Hazineci, Atilla Menevse)
DATE OF RELEASE : 17.11.1999 (Defendants Secim Kose, Tarkan Yavas, Ali Suat Kutahnecioglu, Tolga Horoz, Adnan Tinarlioglu, Bahaettin Selcuk Hazineci, Atilla Menevse)
INCARCERATION DATE : 24.11.1999 (Defendant Bekir Murat Sariaslan)
DATE OF RELEASE : 25.11.1999
INCARCERATION DATE : 15.11.1999 (Defendants Esragul Efeoglu, Huseyin Avni Cem Yucel)
DATE OF RELEASE : 18.11.1999 (Defendant Huseyin Avni Cem Yucel)
DATE OF ARREST WARRANT IN DEFAULT : Istanbul 6th State Security Court (DGM) 22.11.1999, 1999/620 opinion and 1999/2525 preliminary (Defendants Ferhat Terkoglu, Hasan Basri Guner)
DATE OF ARREST : Istanbul 4th State Security Court (DGM) Deputy Member 08.02.2000 date, 2000/5 interrogation and 1999/2525 preliminary (Defendants Ferhat Terkoglu, Hasan Basri Guner)
DATE OF ARREST : 18.11.1999 Istanbul 6th State Security Court (DGM) 1999/107 interrogation and 1999/2525 preliminary (for Defendants Adnan Oktar, Firat Develioglu, Halil Hilmi Muftuoglu, Emre Nil)
DATE OF RELEASE : Istanbul 1st State Security Court (DGM) memorandum dated 4.8.2000, principle cause no 2000/18 (Defendants Adnan Oktar and Firat Develioglu)
DATE OF RELEASE: Istanbul 1st State Security Court (DGM) memorandum dated 2.6.2000, principle cause no 2000/18 (Defendants Emre Nil, Halil Hilmi Muftuoglu, Hasan Basri Guner, Ferhat Terkoglu, Timur Ayhan)
INCARCERATION DATE : 26.01.2000 (Defendant Timur Ayan)
DATE OF ARREST : 30.01.2000 Istanbul 5th State Security Court (DGM) Duty Judicature 2000/14 interrogation, 2000/53 preliminary (about Defendant Timur Ayan)
DATE OF ARREST : 14.02.2000 Bakirkoy 2nd Criminal Court of Peace, memorandum dated 2000/28 and preliminary 2000/7280 (about Defendants Tarkan Yavas and Altug Mustak Berker)
DATE OF RELEASE : 15.2.2000 Bakiroy 2nd Criminal Court of Peace, memorandum dated 2000/28, with 100YTL bail (about Defendants Tarkan and Altug Mustak)
VERDICT OF STATUTE OF LIMITATIONS : 24.11.2005 dated verdict of our Court, and with memorandum principle cause no. 2004/337 (about defendants Mustafa Kemal Gul and Ugur Ormen)
DATE OF RULING: 24.11.2005
ALLEGATION: For allegations of establishing crime ring for personal gain, demanding interest through threatening, helping the crime ring for personal gain in the indictment, for the 32 defendants involved, based on the 1/1 article of Law No 4422, ¼ article of Law No 4422, and against Ebru Simsek, Fatih Altayli, Celal Adan and Mehmet Agar the 192/first, (fourt times) 31, 33, 36, 40 articles of Law No 765;
About defendants Bekir Murat Sarıaslan, against Ebru Simsek and Fatih Altayli, the TCL 192/first (two times) 1st article of Law No 4450,
About defendant Timur Ayhan, because of his actions against Ebru Simsek, Fatih Altayli, Celal Adan and Mehmet Agar, based on Law No 4422 1/1, 4. article (four times), in respect to articles 31, 33, 40 of TCL 765, a court case was opened in Istanbul on 23.2.2000 at the 1st State Security Court (DGM) with the indictment numbered 2000/188 and principle cause no. 2005/53.
In the court hearing dated 20.09.2002 of the Istanbul 1st State Security Court (DGM) with principle cause number 2000/18, upon the recusation of the court board by the defendant attorneys as to the article 26 of Law No 2845 and article 27 of Turkish Criminal Proceedings Law (CMUK), the court board has withdrawn from the court.
Istanbul 2nd State Security Court (DGM) approved the withdrawal of the Istanbul 1st State Security Court (DGM) on 25.09.2002 with the verdict no. 2002/510 and sent the case file to Istanbul 3rd State Security Court (DGM).
Istanbul 3rd State Security Court (DGM) on 1.10.2002 sent the case file to Istanbul 2nd State Security Court (DGM) with the Banning Decision No. 2002/366 to be seen by the Istanbul 2nd State Security Court (DGM).
Istanbul 2nd State Security Court (DGM) has on 7.10.2002 given a verdict of lack of jurisdiction with the banning decision no. 2002/554 since the court on duty is the 3rd State Security Court (DGM), and applied to the 5th Criminal Chamber of Supreme Court for the resolution of the jurisdiction conflict.
5th Criminal Chamber of the Supreme Court has abolished the ruling of Istanbul 3rd State Security Court (DGM) on 11.11.2002, with principle cause no. 2002/7495 and verdict no. 2002/7399 and decided that the court for jurisdiction should be the Istanbul 3rd State Security Court (DGM).
Istanbul 3rd State Security Court (DGM) has on 12.09.2003 with the decision of principle cause 2002/359 and verdict number 2003/258; has ruled for lack of jurisdiction for the punishment of
Mr. Adnan Oktar from TCL No. 765, articles 313/1-4, 192/first (four times) 31, 33, 36, 40 articles,
In the indictment, about defendants from 2 to 32, from TCL No. 765, articles 313/1-4, 192/first (four times) 31, 33, 36, 40 articles,
About defendant Bekir Murat Sarıaslan from TCL No. TCL No. 765, articles 313/1, 192/two (two times),
About defendants Esragul Efeoglu, Huseyin Avnicem Yucel from TCL No. 314 article 314,
And the file is sent to the Istanbul 7th High Criminal Court.
Istanbul 7th High Criminal Court has on 19.01.2004 ruled verdict of lack of jurisdiction with principle cause no. 2003/368 and decision no. 2004/3, and the case file ise sent to Bakirkoy 5th High Criminal Court.
Bakirkoy 5th High Criminal Court has on 23.03.2004 ruled verdict of lack of jurisdiction with principle cause no. 2004/84 and decision no. 2004/50 and sent the case file to Uskudar 2nd High Criminal Court.
Uskudar 2nd High Criminal Court has on 7.4.2004 with principle cause no. 2004/176 and decision no. 2004/96 has ruled a verdict of lack of jurisdiction and sent the file to the Istanbul 7th High Criminal Court, and it is understood that for the resolution of the conflict of jurisdiction the case file is sent to the 5th Criminal Chamber of the Supreme Court, and it is understood that the 5th Criminal Chamber of the Supreme Court has assigned and authorized the Istanbul 7th High Criminal Court.
The Chairman and Members of the Istanbul 7th High Criminal Court has on 28.05.2004 withdrawn from the case file with principle cause no. 2004/198 and applied to Istanbul 8th High Criminal Court Chairman for required action.
Istanbul 8th High Criminal Court has as to 2.6.2004 dated and 2004/32 no. Banning Decision ruled that the withdrawal of the Chairman and members of the Istanbul 7th High Criminal Court is appropriate and decided for the court to be prosecuted in the Istanbul 2nd High Criminal Court.
Due to the 12.09.2003 dated, with principle cause no. 2000/359 and number 2003/258 decision of the Istanbul 11th High Criminal Court;
Even if the case file for the punishment of Defendant Adnan Oktar from TCL No. 765 articles 313/1-4, 192/first, (four times) 31, 33, 36, 40, and for defendants whose names are written between 2-32 from TCL 765 article no. 313/1, 192/first (four times) 40, 36,
Defendant Bekir Murat Sarıaslan from TCL 765 articles 313/1, 192/first (two times),
Defendants Esragul Efeoglu and Huseyin Avni Cem Yucel from TCL 765 article 314;
The defense of the defendants Adnan Oktar, Firat Develioglu, Emre Nil, Halil Hilmi Muftuoglu, Hasan Basri Guner, Ferhat Terkoglu, Ufuk Ozturgut, Alev Ulasoglu, Meltem Arikan, Korkut Yasa, Kartal Is and Turgut Aksu, Mustak Berker, Burak Sanli, Cetin Kose, Tarkan Yavas and defendant Adnan Tinarlioglu, Timur Ayhan’S were taken at the Istanbul 9th High Criminal Court (1st DGM) on 7.4.2000, after this date there was no application to disrupt the verdict of statute of limitations, and since the case in respect to the allegations made agianst these defendants is barred by the statute of limitations, it is seen that the period of 5 years is fulfilled and since the case related with these alleged crimes on the defendants has been barred by statute of limitations on 8.4.2005, it is ruled that as to the TCL 765 article 102/4, the case against them is dropped.
The defense of defendants Hatice Tijen Ozdemir, Ali Suat Kutahnecioglu, Tolga Horoz, Emre Calikoglu, Bahattin Selcuk Hazineci, Atilla Menevse, Mesut Soltay, Muhammed Ciger Gundogdu, Mehmet Murat Atmaca, Murat Terkoglu, Gokalp Barlan, Ersin Alacadag, Bekir Murat Sariaslan, Esragul Efeoglu and Huseyin Avni Cem Yucel were received by Istanbul 9th High Criminal Court (No. 1 State Security Court - DGM) on 2.6.2000, since that time there was no implementation to interrupt the verdict of statute of limitations for the allegations of crime against the defendants, since 5 years have passed and in this case the statute of limitations for the alleged crimes against the defendants is fulfilled on 3.6.2005, the ruling is for the dropping of the case as to TCL 765 and article 102/4,
There is an arrest warrant in default for defendants Mustafa Kemal Gul and Ugur Ormen dated 22.1.1999 and an indictment dated 11.01.2000, but since they could not be arrested since then and there is no implementation to interrupt the statute of limitations, it is seen that the term of 5 years is fulfilled and since the case is barred by statute of limitations on 12.1.2005, it is ruled that the case against them will be dropped as to TCL 765 article 102/4.
And it is also ruled that the case file with principle cause number 2005/155 that was united with the case file with principle cause number 2004/337 should be segregated under another principle cause number, adn the case should be continued over this new principle cause.
VERDICT:
As to the ruling of lack of jurisdiction numbered 2003/258 of the Istanbul 11th High Criminal Court (No. 3 State Security Court – DGM) dated 12.09.2003, with principle cause no. 2000/359;
Our court has received the file for the punishment of;
Defendant Adnan Oktar from TCL 765 article 313/1-4, 192/first, (four times), Articles 31, 33, 36, 40 and for defendants whose names are written in between 2-32 from TCL 765 Articles 313/1, 192/first (four times) 40, 36,
Defendant Bekir Murat Sarıaslan from TCL 765 Article 313/1, 192/first (two times),
Defendants Esragul Efeoglu and Huseyin Avni Cem Yucel from TCL 765 Article 314,
1- For Defendants Adnan Oktar, Firat Develioglu, Emre Nil, Halil Muftuoglu, Hasan Basri Guner, Ferhat Terkoglu, Ufuk Ozturgut, Alev Ulasoglu, Meltem Arikan, Korkut Yasa, Kartal Is and Turgut Aksu, Mustak Berker, Burak Sanli, Cetin Kose, Tarkan Yavas and defendant Adnan Tinarlioglu and Timur Ayhan their defenses were taken by the Istanbul 9th High Criminal Court (No. 1 State Security Court - DGM) on 7.4.2000, but there has been no implementation to interrupt statute of limitations since then, and it is seen that the 5 year statute of limitations is fulfilled and the court case in regard to the alleged crimes to these defendants were barred by statute of limitations as of 8.4.2005, within the scope of TCL 765 Article 102/4 it is ruled that the case IS DROPPED.
2- The defenses for the defendants Hatice Tijen Ozdemir, Ali Suat Kutahnecioglu, Tolga Horoz, Emre Calikoglu, Bahattin Selcuk Hazineci, Atilla Menevse, Mesut Soltay, Muhammed Ciger Gundogdu, Mehmet Murat Atmaca, Murat Terkoglu, Gokalp Parlan, Ersin Alacadag, Bekir Murat Sariaslan, Esragul Efeoglu and Huseyin Avni Cem Yucel, were taken by Istanbul 9th High Criminal Court (No. 1 State Security Court – DGM) on 2.6.2000 and there has been no implementation to interrupt statute of limitations since then, and since 5 years have passed and in this case the statute of limitations for the crimes alleged on the defendants on 3.6.2005, it is ruled that the case related with them IS DROPPED as to TCL 765 Article 102/4.
3- There was an arrest warrant in default for defendants Mustafa Kemal Gul and Ugur Ormen on 22.11.1999, the date of the indictment is 11.01.2000, and because the defendants could not be arrested since then and there is no implementation to interrupt the statute of limitations, also 5 years have passed and the court case related with the crimes alleged about these defendants was barred by statute of limitations on 12.1.2005, it is ruled that the case related with them IS DROPPED as to TCL 765 Article 102/4.
As to Article 5 of Law No 5320, because the arrest warrant in default is changed to decision of seizure, the arrest warrant for the named defendants is abolished and the documents for its execution should be returned to our court.
Hugulu brand sporting gun with serial number 994 and 50 pieces of ammunition should be returned to the owner of the license,
Browning brand 9 mm gun and peripherals should be returned to the owner of the license.
4- The case file with principle cause number 2005/155 that was united with case file with principle cause number 2005/155 should be segregated and the case should be prodecuted over this new principle cause number.
Since according to the Law No. 5320 Article 5, the arrest warrant on default is turned into a decision of seizure, the condition for this decision of seizure for defendant Mehmet Ali Bahadir Guven is continued and it is expected.
In the presence of defendants Nuri Ozbudak, Erkan Seyhan, Adnan Tinarlioglu, Mehmet Murat Atmaca and some of the defendant attorneys Att.Gunay Yavas, Att. Erhan Nurettin Efeoglu, Att. Sedef Gucluer, Att. Ali Naci Kaptan, Att. Huseyin Simsek, Att. Fatih Dogan, Att. Kerim Kalkan, Att. Ulvi Caglar, Att. Ugur Poyraz, Att. Mahmut Ugurlu, Bayram Koseoglu and participant attorneys Att.Rezzan Aydinoglu and Att.Nalan Kuguoglu, and in the abscence of other defendants, before the Public Prosecutor of the Republic and as to the demand, this verdict decided with unity of votes was announced at sight and explained, by reserving right of appeal to Supreme Court in 7 days.
24.11.2005
Chairman 20709
Member 22838
Member 25690
Clerk
