Supreme Court of Appeals hears Balyoz coup plot trial appeals

A group staged a protest on Monday in front of the Supreme Court of Appeals while the court heard an appeal in the Balyoz (Sledgehammer) coup case.(Photo: Today's Zaman, Ali nal) 15 July 2013 /BRA ERDAL / GKSEL GEN / ZZETTN EK, ANKARA

The Supreme Court of Appeals on Monday began hearing arguments in the Balyoz (Sledgehammer) case of more than 300 military officers -- including the former air force and navy chiefs -- convicted of involvement in a failed plot to overthrow government in 2003. On Monday lawyers began presenting their arguments in the appeals case that is expected to last for weeks. None of the defendants appeared at the Court of Appeals session on Monday but 117 lawyers representing the defendants delivered their testimonies. A legal opinion that was announced on June 17, 2013 by the Supreme Court of Appeals Chief Public Prosecutor's Office, in which it requested the 9th Criminal Chamber of the Supreme Court of Appeals to approve the prison sentence of 256 defendants and to reverse the penalties of 67 suspects, was read at the beginning of the hearing. The session continued with the testimonies of the defense lawyers. Kazim Yigit Akaln, the defense lawyer for Gen. Halil brahim Frtna, said during his argument that the Balyoz case is the biggest conspiracy in the history of the Turkish Republic. Akaln then started reading a 400-page argument jointly prepared by 60 defense lawyers which is expected to continue throughout this week. These 60 lawyers will also be permitted to present their arguments separately during the appeal case. In other words, the defense lawyers will both be able to present arguments jointly and present arguments for each suspect during the case. Tensions flared briefly between police officers and the defense lawyers before the appeals hearing started when some of the lawyers were not allowed to enter the courtroom by the police as their names were not on the attendees list. As the number of

suspects and defense lawyers were above the capacity of the 250-person courtroom, only 117 defense lawyers were allowed to attend the hearing, causing tensions to flare between the lawyers and police officers. The defense lawyers who were not allowed to enter the courtroom staged a short protest against the police. The hearings will continue uninterruptedly until all 117 lawyers are heard, despite the judicial recess in place during the summer. Only 42 reporters were allowed in the courtroom where the sessions were held during the appeals process. Camera and video footage were not allowed in the courtroom. Republican People's Party (CHP) Deputy Chairman Blent Tezcan was among the attendees.

Protest in front of General Staff for Balyoz suspects

While the appeal hearing for the Sledgehammer trial was being held at the 9th Criminal Chamber of the Supreme Court of Appeals, a 15-person group consisting of the Sledgehammer suspects' families staged a silent protest in front of the General Staff building in Ankara on Monday. The protesters held up Turkish flags and banners that read Greetings to captive heroes and It was necessary to degrade military officers to be able to destroy an army. After some time, the demonstrators ended their protest and headed for the Supreme Court of Appeals headquarters where the appeal hearing was being held. The Balyoz trial has been hailed as a break with a tradition of military impunity and a move toward greater democracy. But the case has also been marred by some flaws, including the alleged fabricating of evidence. Lawyers complained throughout the initial trial that they were barred from presenting key witnesses or evidence. The final verdict in the trial relating to suspects in the Sledgehammer coup plan was announced by the stanbul 10th High Criminal Court on Sept. 21, 2012, months after it began. Of 365 defendants, 325 were convicted while 36 were acquitted by the stanbul 10th High Criminal Court. Sledgehammer suspects former 1st Army Commander Gen. etin Doan, former Land Forces Commander Adm. zden rnek and former Air Forces Commander Gen. Frtna were sentenced to life imprisonment in solitary confinement with no possibility of parole. However, the court reduced their sentences to 20 years each, taking into account that the plan was never implemented. Seventy-eight defendants -- including Gen. Bilgin Balanl, retired Gen. Ergin Saygun, retired Lt. Gen. Nejat Bek, Lt. Gen. Engin Alan, former National Security Council (MGK) Secretary-General kr Sark and retired Brig. Gen. Sha Tanyeri -- were sentenced to 18 years imprisonment each while 216 defendants -- including retired Col. Dursun iek and Col. A. Zeki ok -were sentenced to 16 years imprisonment each. The court also sentenced 28 defendants to 12 years, four months imprisonment and one defendant to 15 years. Appeals against the verdict of the local court were lodged and the file was sent to the Supreme Court of Appeals on Feb. 27, 2013.