Deep Suspicion in Martial Law Assignment Document - No Real Evidence (1)

The information on who prepared the martial law assignment list, which is put forward as so-called coup evidence, and by whom it was sent as a message to the troops has not been revealed in any way. There is a strong doubt about the circumstances under which the evidence was obtained and about the authenticity and reliability of the evidence. In its judgments in Bykov v. Russia and Jalloh v. Germany, the European Court of Human Rights stated that "In deciding whether a trial as a whole is fair, it must also be taken into account whether the rights of the defense have been respected. In particular, it must be examined whether the applicant was given the opportunity to challenge the authenticity of the evidence and to challenge its use. In addition, the quality of the evidence must be taken into account, as well as the circumstances in which it was obtained and whether those circumstances cast doubt on its authenticity and reliability."(1)

 In the following section, I have tried to show the baselessness of the reasoned decision given by the Ankara 17th High Criminal Court about the actions at the General Staff Headquarters, which is also known as the “Roof Case”, and its effects on the wrongful arrests. Additionally, I have tried to explain the conditions, under which the martial law assignment list, which led to my wrongful arrest, was obtained, and the untruthfulness and unreliability of this document that directly affected me.

 Ankara 17th Assize Court's Acceptance of the Preparation and Submission of Martial Law Assignment List

 According to the reasoned decision of the Court; the martial law messages were sent with the user password of the defendant non-commissioned officer Hüseyin ÖMÜR and the word documents related to the martial law messages were obtained from the computer authorized by Hüseyin Ömür. The place of sending the messages was shown as a small room belonging to the administrative section of the Personnel Training Department on the floor called Orbay Hall. Defendant Mustafa DUYGULU and defendant Kenan ŞİMŞEK also appear to be responsible for sending the martial law messages. The defendants, Mehmet PARTİGÖÇ and Cemil TURHAN, are accused of ordering the sending of the martial law messages, on which their names appear in the signature block. It is stated that these messages were sent using the TSK Message and Document Distribution System (MEDAS). In the court's reasoned decision regarding the named defendants: 

 "Although the defendant Mehmet PARTİGÖÇ did not accept the accusations in his defense by stating that he did not send the coup attempt messages, there is no doubt that the coup attempt messages were sent from the MEDAS terminal connected to his department," 

"Defendants Cemil TURHAN took the defendant Hüseyin Ömür with him and they came to the administrative department of the Personnel Plan Management Department, and the coup messages, the subjects and times of which are specified above, were sent via MEDAS in the Orbay Hall of the Personnel Department,"

 "At 21.30 and 21.51, the defendant Mustafa DUYGULU, together with Hüseyin ÖMÜR, went to the Orbay Hall where the Personnel and Plan Management Department was located and sent the martial law messages through the MEDAS system," 

 "The defendant Hüseyin ÖMÜR started to send coup-related messages signed by Mehmet PARTIGÖÇ as the Head of the Personnel Planning and Management Department and Cemil TURHAN as the General Admiral Branch Manager, and the defendant uploaded these messages to the MEDAS system together with the other defendant Kenan ŞİMŞEK,"

 "The defendant Kenan ŞİMŞEK started to send coup-related messages signed by Osman KARDAL as the Chief of the SKKHM, Erhan METİN as the Executive Officer, Mehmet PARTİGÖÇ as the Head of the Personnel Planning and Management Department and Cemil TURHAN as the General Admiral Branch Manager, and the defendant uploaded these messages to the MEDAS system together with the other defendant Hüseyin Ömür."

 It is also stated that the first message on the subject of ‘Warning of Readiness and Troop Deployment’ was created at 21:10 on the computer opened with the user password of Defendant Hüseyin ÖMÜR(2) and transferred to the computer called MEDAS computer and sent at 21:37(3).

 In addition to those responsible, the court also held the accused Erhan METİN and the accused Osman KARDAL, whose names appear in the signature block of the first message, responsible. 

Evidence showing that the Ankara 17th High Criminal Court's Findings are Baseless:

 It is Impossible for the Martial Law Messages to Have Been Sent by the Defendant Cemil Turhan According to the Camera Recordings

 Defendant Cemil TURHAN stated the situation he was in: "Regarding my entry into the Orbay Hall where the messages were allegedly sent from; I entered that hall three times. The camera recordings show so. The first time was at 21:31 for 31 seconds, the second time at 21:35 for 42 seconds and the third time at 21:39 for 43 seconds. You have been there, you know. There is a distance of at least 15-20 meters from the entrance of the hall to the computers where messages are sent from. So, Mr. President, at least 20-25 seconds of each of the 31 seconds, 41 seconds and 43 seconds I was inside is already a walking distance. I went inside, I looked at my staff and asked them if there was a problem, I told them to continue their work safely and I left. I did not see a message during this time, it is not possible for me to see it during my stay. (4)" 

 According to the indictment of the prosecution, the image analysis in the expert report and the camera footage, the time the defendant was on the Orbay Floor, which was identified as the scene of the incident, did not exceed 2 minutes in total. There is no way that these messages could have been taken or supervised during this time. Moreover, the rooms belonging to the branch that Cemil TURHAN was the manager of are located on this floor. It is natural for a person who is expected to be a commander in a chaotic environment to communicate with the personnel of his own branch, and the defendant states that his entry and exit was for this purpose.

 It is impossible for the Martial Law Messages to have been sent by the accused Mustafa Duygulu according to the camera recordings

 Defendant Mustafa DUYGULU stated: "The time when the first message was allegedly sent was 21:37. According to the Expert Report and the indictment, we know for certain that these messages were not sent from the Communication Center. According to the expert report and the indictment, I was wandering in the corridors of the communication center, which is definitely not the place where the messages were sent. In other words, I was in another region that has nothing to do with the place where the messages were sent. In other words, the possibility that I could have sent the messages is zero. In conclusion, Mr. President: I was on the move in different areas of the Headquarters during the hours when the messages were allegedly sent. Therefore, it is beyond any doubt clear that the messages were not sent by me and that they could not have been sent by me, and that the allegation is baseless. Now the indictment and even the final opinion say that the messages were taken between 21:30-21:51. On the other hand, I prove with camera footage that I was not involved in the process of sending any messages during this period and that there is no room for doubt. (5)"

 According to the indictment of the prosecution, the image analysis in the expert report and the camera footage, it is for sure that the defendant was not present at the Orbay Hall, which was identified as the scene of the incident, and that he was in the Communication Center building at the time.

 It is Impossible for the Martial Law Messages to have been sent by the Defendant Kenan Şimşek according to the Camera Recordings

 Defendant Kenan ŞİMŞEK stated the situation he was in: "Although it is alleged that I sent the message from 21:37 to 21:39-21:55, Mr. President, this is very important, please I would like to draw your attention. As stated by the prosecution in the images on pages 1710 and 1711 and in the administrative investigation report of the General Staff, I was in the Çakmak Hall, where the Supreme Military Council was held, from 20:45 and until 21:40. Witnesses Yusuf Akdemir, Yalçın Gür, Cihangir Şenlik are also witnesses. And they have stated this in their statements before us and in their statements given at the police station. I was in the Çakmak hall until 21:40. After 21:45, I was on the move in the lower corridor with Mustafa Duygulu. This is already clear in the images and pictures that the Prosecution has included in the indictment. Since I was on the move in the lower corridor of the Headquarters between 21:45 and 22:02, it was already impossible for me to be on the move and capture the messages at the same time. In this case, it has already been proved by the pictures included in the indictment by the prosecution that I did not send the messages. As I have presented and explained above, there is no such thing that I sent the messages, Mr. President (6)" 

 According to the indictment of the prosecution, the image analysis in the expert report, the statements of the witnesses and the camera footage, it is beyond doubt that the defendant was not present on the Orbay Floor, which was determined as the scene of the incident, but was in the Çakmak Hall until 21:40 and in the Communication Center building until 22:02.

 It is Impossible for the Martial Law Messages to have been sent by the Defendant Hüseyin Ömür according to the Camera Recordings

 Defendant Hüseyin ÖMÜR stated: "I should briefly state that I definitely did not send a message about the coup. And I did not receive an order to send a message. Moreover, when the fingerprint computer examinations and camera recordings of the computers and rooms are examined, it will be revealed that what I said is true...in other words, I was not in the room where the computer with the connection to the TSK net network was located at the specified hours. In other words, as proved in the expert report, I was not there at the time when that computer was processed. At that time, I was following my activities in the Çakmak Hall. Subsequently, I was busy with the activity of coordinating the personnel list for the service plans."(7)

 In the video analysis of the indictment prepared by the prosecution, it is stated that at 20:10 Hüseyin ÖMÜR enters the Orbay Hall (this is also where the martial law messages were sent from) and leaves within 1 minute. At 21:30, Mustafa DUYGULU and Hüseyin ÖMÜR enter the Orbay floor (to send martial law messages to the troops from the MEDAS system inside (8)".

 The defendant entered and left the Hall where the messages were sent from for 1 minute at 20:10. The second time he entered the same place at 21:30. As stated before, the first martial law message was sent at 21:37. In other words, within these 7 minutes, the accused must have first created the documents on the first computer in the room, transferred these electronic documents to the MEDAS computer, which does not have the possibility of inserting a memory card or CD, created the cover page to be placed in front of the document on the MEDAS computer (approximately 10 minutes / 16 titles need to be entered) and sent the message. As can be understood, it does not seem possible that these activities could have been completed in 7 minutes.

 Moreover, in the relevant expert report, the creation time of the first document was determined as 21:10. At that time, the defendant had not yet entered the Orbay Hall and was continuing his activities in the Çakmak Hall.

There are no original copies of martial law messages with wet signatures.

 When sending documents through the MEDAS system, the sending process is carried out after the original copy with “wet signature” is seen and confirmed by the MEDAS operator. However, the documents allegedly sent as martial law messages do not have a wet-signed copy. Although the option that they may have been signed with an electronic signature may come to mind, there is no electronic signature application in the Turkish Armed Forces. The so-called martial law messages are merely digital records in electronic media with some names and the phrase (SIGNED) in the signature block. Both the prosecution indictment and the reasoned judgment of the court of first instance used the phrase "signed by the defendants", causing a great manipulation and unlawfulness. 

 In this context, the defendant Mehmet PARTİGÖÇ said in court: "Now it is said that the order about “assignments, participation, martial law directive” was signed by me and Cemil Turhan and was sent between 21:45-21:55. This is the most important part. It says signed (by me and Cemil Turhan). Either Mr. Prosecutor doesn't know what the signature is or he's making fun of me. Since the first day, I've been saying that I didn't sign and there is no (wet) signature on the document. There is no (wet) signature on the document. Tomorrow the media will report again that I refused the signature. There is no signature. There is a document which has only a phrase “SIGNED” on it. Anyone can write it. It was so clear, what did I say in my first statement? The second Chief of General Staff (Four Star General Yasar Güler) sent a CD. They said there was a message for me, and as I said that in my first statement, I said take it to the news center and let them take care of it... If I knew it was a coup message, would I have accepted it in my statement? I've been subjected to so much torture, I've never admitted to anything I didn't do. But I never admitted that I did those things either. Why would I admit it? If I had known that there was a coup message on the CD I received, or if I had been told that so, I would have said no (and thus refuse the fact that I know anything about that CD) but the truth is I didn't know about the coup. Of course, when the documents started to arrive, we realized what had happened. That CD is not reachable, (out of sight), now (9)" Defendant Cemil TURHAN stated that "not a single word of any of the messages sent that night was written by me, the messages were not prepared on my computer or any other computer in my branch. 

 This is also evident in the technical report, the assignment lists were not prepared by me, nor did I have any contribution to their preparation. I do not know by whom they were prepared, I think that the fact that my name is included in the section of the messages is due to my position, I do not have my signature in the messages, I do not have an electronic signature, electronic signatures are not used in the Turkish Armed Forces, the phrase "signed" in the messages is a computer-generated thing, they can write anyone's name there and you write it on the computer keyboard as signed, just like the personnel wrote, the name of the project officer, not the branch manager, is included in the penning section of the messages, the name of the branch manager is included in the initials on the side, normally the penning person is the project officer.(10)

 I will continue to write about how the messages were transferred to the MEDAS computer and information about the operations on the network...

 Dilaver Derviş

Translated by: Selim Aksoy

 Sources

 (1) Bykov v. Russia, § 89; Jalloh v. Germany, § 96

 (2) Expert Report dated 14.03.2017, p.12

 (3) Prosecution Indictment, p.667

 (4) Ankara 17th ACM, 2017/109 main, hearing dated 28/01/2019, defendant CEMİL TURHAN SEGBİS solution, p.28

 (5) Ankara 17th ACM, 2017/109 main case, hearing dated 01/10/2018, defendant MUSTAFA DUYGULU SEGBİS solution, p.15

 (6) Ankara 17th ACM, 2017/109 main, hearing dated 10/11/2017, defendant KENAN ŞİMŞEK OBS solution, p.4

 (7) Ankara 17th ACM, 2017/109 main, hearing dated 08/11/2017, defendant HÜSEYİN ÖMÜR OBS solution, pp.5-9

 (8) Prosecution Indictment, p.1609

 (9) Ankara 17th ACM, 2017/109 Esas, hearing dated 11-12/03/2019, defendant MEHMET PARTİGÖÇ SEGBİS solution, p.94-95

 (10) Ankara 17th ACM, 2017/109 main, Reasoned decision, p.200