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Supreme court of appeals 8th retribution office’s decline on the statute of limitations verdict of 2. high criminal court |
Supreme Court of Appeals The Final Court Decision of the Supreme Court of Appeals Principal Cause No : 2006/2934 As a result of the exercise of the jurisdiction of the defendants whose names and accusations are mentioned below; in accordance with the 102/4th article of Turkish Criminal Code, with the number of 765, regarding the abrogation of the filed criminal case, as the request for the case submitted by the defendants and attorneys thereof; Halil Hilmi Müftüoğlu, Korkut Yasa, Kartal İş, Turgut Aksu, Burak Sanver, Seçim Köse, Hatice Tijen Öztemin, Ali Suat Kütahnecioğlu, Emre Çalıkoğlu, Bahaettin Selçuk Hazineci, Atilla Menevşe, Muhammet Cihat Gündoğdu, Murat Terkoğlu, Gökalp Barlan, Ersin Alacadağ and Mustafa Gül, to be investigated by the Supreme Court of Appeals in the duration of the legal decision of the 2nd High Criminal Court of Istanbul, dated 24.11.2005, the principal cause number of 337, with the number of 230, the document of the case sent from the Chief Public Prosecutor’s Office to our office on 07.04.2006. The defendants who are accused of forming organization for committing a felony; Adnan Oktar, Fırat Develioğlu, Emre Nil, Halil Hilmi Müftüoğlu, Hasan Basri Güner, ferhat Terkoğlu, ufuk Özturgut, Alev Ulaşoğlu, Meltem Arıkan, Korkut Yasa, Kartal İş, Turgut Aksu, Altuğ Müştak Berker, Burak Sanver, Seçim Köse, Tarkan Yavaş, Adnan Tınarlıoğlu, Hatice Tijen Öztemir, Ali Suat Kütahnecioğlu, Tolga Horoz, Emre Çalıkoğlu, Bahaettin Selçuk Hazineci, Atilla Menevşe, Mesut Soltay, Muhammet Cihat Gündoğdu, Mehmet Murat Atmaca, Timur Ayan, Murat Terkoğlu, Gökalp Barlan, Ersin Alacadağ, Bekir Murat Sarıaslan, Mustafa Kemal Gül, Uğur Örmen, and the defendants who were assisting the organization to commit a felony purposely; Esragül Efeoğlu and Hüseyin Avnicem Yücel. IN THE NAME OF THE TURKISH NATION Discussed and Held: The requisition for appeal has been DECLINED unanimously with respect to the 317th article of Code of Criminal Procedure(CMUK) due to the facts that the appeal for the prescription and abrogation which were ruled in respect of the defendants whose names are mentioned below, has no benefit for the jurisprudence and the appeal has been filed and requested after the due time. The names of the defendants who requested for the appeal are; Halil Hilmi Müftüoğlu, Korkut Yasa, Kartal İş, Turgut Aksu, Burak Sanver, Seçim Köse, Hatice Tijen Özdemir, Ali Suat Kütahnecioğlu, Emre Çalıkoğlu, Bahaettin Selçuk Hazineci, Atilla Menevşe, Muhammet Cihat Gündoğdu, Murat Terkoğlu, Gökalp Barlan, Ersin Alacadağ and Mustafa Kemal Gül. Due to the investigation which was conducted regarding the appeal for the attorneys of the intervening parties Ebru Şimşek and Fatih Altaylı; 1- Due to the evaluation and the assessment of the evidences by the Court, by making the necessary explanations on implying causes; it has been ruled for the RATIFICATION of the judgments done for the following reasons for the following defendants for the following accusations based on legal grounds; the verdict for blackmailing Ebru Şimşek and Fatih Altaylı by the defendants Adnan Oktar, Fırat Develioğlu, Emre Nil, Halil Hilmi Müftüoğlu, Hasan Basri Güner, ferhat Terkoğlu, ufuk Özturgut, Alev Ulaşoğlu, Meltem Arıkan, Korkut Yasa, Kartal İş, Turgut Aksu, Altuğ Müştak Berker, Burak Sanver, Seçim Köse, Tarkan Yavaş, Adnan Tınarlıoğlu, Hatice Tijen Öztemir, Ali Suat Kütahnecioğlu, Tolga Horoz, Emre Çalıkoğlu, Bahaettin Selçuk Hazineci, Atilla Menevşe, Mesut Soltay, Muhammet Cihat Gündoğdu, Mehmet Murat Atmaca, Murat Terkoğlu, Gökalp Barlan, Ersin Alacadağ, Bekir Murat Sarıaslan, Mustafa Kemal Gül and Uğur Örmen, with the 192/1 (twice) article of the Turkish Criminal Code, with the number of 765, the case filed for the defendant 2006/2934
Bekir Murat Sarıaslan, based on the legal grounds for being a member of the organization which was formed to commit a felony in the year of 1997 before the Law code numbered 4422 came into effect, with 313/1st article of the Turkish Criminal Code numbered 765, and case was filed against the defendants Esragül Efeoğlu and Hüseyin AvniCem Yücel for assisting the organization to commit a felony purposely, with respect to the 314th article and related clauses of the Turkish Criminal Court, the ratification is ruled based on the additional facts that the verdicts which are mentioned above is found to be best fit to procedures and laws and the appeal request of the attorneys of the intervening parties is found to be irrelevant. 2-In respect of the decree for abolition of the case for forming an organization to commit a crime, due to the statute of limitation it has been acknowledged that the defendants, Altuğ Müştak Berker, Burak Sanver, Seçim Köse, Ali Suat Kütahnecioğlu, Tolga Horoz, Emre Çalıkoğlu, Bahaettin Selçuk Hazineci, Atilla Menevşe, Mesut Soltay, Muhammet Cihat Gündoğdu, Mehmet Murat Atmaca, Murat Terkoğlu and Gökalp Barlan, has formed an organization to commit a felony, and it has been further understood from the content of the file of the case that aforesaid defendants were the members of the organization which was formed by the defendant Adnan Oktar, that had been accepted to be within the content of the Criminal Law Code numbered 4422, however there were no further evidence that certifies the defendants’ participation of the activities carried on in line with the foundational aims of the organization beyond doubt, and that the proven actions of the defendants is found to be within the definition of being a member of such an organization in respect of 2nd sentence of the article numbered 1/1 of the criminal code numbered 4422, and that the statue of limitation for these claims is 5 years and that this time period has already been expired, The requisition for appeal has been declined unanimously with respect to the 317th article of Code of Criminal Procedure due to the facts that the appeal for the prescription and abrogation which were ruled against the defendants whose names are mentioned below, has no benefit for the jurisprudence and the appeal has been filed and requested after the due time and therefore the verdicts related to the defendants whose names are mentioned below, are to be RATIFIED unanimously, the names of the defendants; Altuğ Müştak Berker, Burak Sanver, Seçim Köse, Ali Suat Kütahnecioğlu, Tolga Horoz, Emre Çalıkoğlu, Bahaettin Selçuk Hazineci, Atilla Menevşe, Mesut Soltay, Muhammet Cihat Gündoğdu, Mehmet Murat Atmaca, Murat Terkoğlu and Gökalp Barlan. -3- 2006/2934 The entire organization has been administered by the leadership of Adnan Oktar, while the defendants, Fırat Develioğlu, Emre Nil, ferhat terkoğlu and Uğur Örmen are responsible from the male members of the organization and the defendants, Alev Ulaşoğlu, Meltem Arıkan and Hatice Tijen Öztemir are responsible for the female members of the organization, The defendants, Fırat Develioğlu, Halil Hilmi Müftüoğlu, Kartal İş, Korkut Yasa and Ufuk Özturgut have formed a team and prepared written articles containing threatening elements, along with humiliating articles against the written and visual media components which broadcast and publish written articles and visual programs about themselves such as inserting allegations that they sell their wives, use drugs, and they are into sexual perversions, as some of them are attached with photographs prepared as stripping and sent them to public and private institutions, friends and relatives of these people and therefore trying to prevent them dealing with themselves by using force, deterrence and intimidation and also take revenge, and besides, intimate the others by using these as examples, Furthermore, it has been acknowledged that for the continuation of their different life styles by applying the rules that are determined by the defendant Adnan Oktar, a team which is also including the defendant Mustafa Kemal Gül, impressed girls and infant and underage female children by their lavish and luxurious life styles and social degrees, and participate them into their group, almost all of the members of the organization have entered into relationships with those in a manner considered to be not normal, and they apply this as a religious exercise by calling this “ecir”, and a team in this group leaded by Hasan Basri Güner, has recorded these relationships by a hidden cam to prevent those children and girls to talk against them and to prevent them to leave the organization, For strengthening their organization more, they have appointed a team consisting of the defendants Fırat Develioğlu, Ersin Alacadağ and Turgut Aksu, to deal with the political issues and started the activities thereof, Ersin Alacadağ and some other members of the organization have accessed the administrative levels of a political party, and they performed lobby activities against people who are taking part in contrary activities to the leader of this political party, they have prepared slander campaigns for those people and sent those campaigns to various personalities and institutions, have kept the records of the telephone conversations illegally, have followed and recorded the activities of those people illegally, and all the related evidences to prove such actions have been recovered in the houses and personal computers of the defendants, Some of the members of the organization such as Alev Ulaşoğlu, have accessed and gathered the information on the journalists, newspaper owners and other people in where they have been placed as secretaries for the purpose of utilization of such information in their slandering campaigns. The organization also illegally obtained the salaries of the employees of those institutions by gathering the ATM cards which belongs to various people as these cards have been recovered in a locked briefcase in the house Alev Ulaşoğlu was taken into the custody from. It has been also acknowledged that the defendants were staying in the houses of the organization, were acting by the instructions of Adnan Oktar and performed activities in accordance with the directions and the objectives and goals of the organization, and that these activities continued after the criminal law code numbered 4422 was put into force,,and that the proven actions of Adnan Oktar for committing the felony of forming and administering an organization, of Fırat Develioğlu, Emre Nil, Ferhat Terkoğlu, uğur Örmen, Alev Ulaşoğlu, Meltem Arıkan and hatice Tijen Özdemir for committing the felony, and administering the organization, Halil Hilmi Müftüoğlu, Hasan Basri Güner, Ufuk Özturgut, Korkut Yasa, Kartal İş, Turgut Aksu, Tarkan Yavaş, Adnan Tınarlıoğlu, Ersin Alacadağ and Mustafa Kemal Gül for committing the felony of acting on behalf of the organization, which were proved due to the accurate evidences are found to be in the scope of the 1st Clause of the 1/1st Article of the Law with the number of 4422, without taking the fact that the statutory limitation is 10 years due to the 102/3rd article and clause of the Turkish Criminal Code with the number of 765, is taken into consideration, for the reason of that the activities are within the content and the scope of the 313rd article of the Turkish Criminal Code with the number of 765, in a written manner, it has been decided for the abolition of those. According to these, the 18th Article of the Law related to the Combating with the interest-bearing Criminal Organizations with the number of 4422 has been abolished and it has been re-organized and re-arranged with the 220th Article of the Turkish Criminal Code numbered 5237 and due to the fact that related regulations have been arranged and organized with the “the procedures in enforcing the judgments of for” of 9th Article of Enforcement and Execution Forms of the Turkish Criminal Code with the number of 5252 and “execution in terms of time” of the 7th Article of the Turkish Criminal Code with the number of 5237; As taking the provisions of the Criminal Code numbered 5271 into consideration as well; it is obligatory to re-evaluate the legal conditions and situations of the defendants Adnan Oktar, Fırat Develioğlu, Emre Nil, Ferhat terkoğlu, Uğur Örmen, Alev Ulaşoğlu, Meltem Arıkan, Hatice Tijen Öztemir, Halil Hilmi Müftüoğlu, Hasan Basri Güner, Ufuk Özturgut, Korkut Yasa, Kartal İş, Turgut Aksu, Tarkan Yavaş, Adnan Tınarlıoğlu, Ersin Alacadağ and Mustafa Kemal Gül within the frames of Laws with the numbers of 5237, 5252 and 5320. The appeals and the objections of the interveners, Ebru Şimşek and Fatih Altaylı, with respect to the aforesaid decree, are to be accepted and therefore the annihilation of the decree is to be realized on 17.05.2007 unanimously. President Member Member Member Member President Cross-Checked |
