ANKARA - HDP Law Commission member, Lawyer Kenan Maçoğlu said that the details of how anonymous and public witnesses were reached after the "restriction" decision brought to the investigation with the document signed by Ankara Anti-terror unit, which was lost in the file by the prosecutor in the Kobanê investigation, will reveal the "conspiracy" made against politicians.
The 4th hearing of the case against 108 Kurdish politicians, including the former Co-Chairs of the Peoples' Democratic Party (HDP), Central Executive Board members and provincial executives due to the protests on 6-8 October 2014 over the ISIS attacks on Kobanê continues on its second day in Sincan Prison Campus.
Lawyers regarding the case file heard by the Ankara 22nd High Criminal Court express the special practices and unlawfulness towards politicians. Despite the interim decision of the court on 14 June regarding the 5-page unsigned document with Ankara Anti-Terror Branch (TEM) letterhead dated October 26, 2018, which is thought to have been forgotten to include in the investigation file following the notification of the Kobanê Indictment, no document has yet been received in the case file.
THE DOCUMENT WAS PRESENTED TO THE COURT
Kenan Maçoğlu, a member of HDP Law Commission and one of the lawyers of the case, presented the document that the prosecutor 'forgot' to include in the file at the hearing held on 14 June. Maçoğlu stated the following regarding the content of the document in question: “There are information notes on the date of October 26, 2018 in the prosecutor's file. The prosecutor left it in the folder by mistake. It is a five page document belonging to Anti-terror Unit (TEM). On the date of this file, Demirtaş and Yüksekdağ have not been arrested yet. There are 98 names in this document. It has been stated that no investigation has been opened against the 7 defendants for crimes such as "injury" or "damage to property". The file reads, 'You have to file this law suit and when you do, you need to conduct an investigation for this and similar crimes'. It clearly gives instructions, saying, "You can arrest Serpil Kemalbay and Sezai Temelli, even if they are re-elected. It also says, "Work on this file and file a law suit against the HDP for its closure'.
Maçoğlu drew attention to the fact that there were no information or documents on how the court got in touch with the witnesses referred to as Mahir and Ulaş.
Maçoğlu spoke to Mesopotamia Agency (MA) regarding the lost document and its function in the closure case against the HDP.
Maçoğlu reminded that there are comments on how to act in the document that was forgotten to be included by the prosecutor in the file. Reminding that they had said from the beginning that the case was a "conspiracy case", Maçoğlu explained the importance of revealing how the document signed by Ankara TEM was prepared: "We have said before that the case file was created by the prosecutors and the police, as a result of the orders given by the government. If how this document was prepared comes into light, the conspiracy will be revealed.
THE SEARCH FOR ANONYMOUS WITNESSES
Pointing out that the document was prepared in great detail, Maçoğlu said, “The ones who prepared it are probably not security officers. We think it was prepared by a commission or team formed by the government.The prosecutor carried out the investigation accordingly to this document which came to him in 2018. He was clearly appointed to this file spesifically and put a confidentiality order on the file in 2019. Afterwards, he made serious efforts to find an anonymous witnesses to create evidence in the file. All of the mechanisms of the police, the gendarmerie, perhaps the MIT were being mobilized for this. However, despite not finding any evidence, Figen Yüksekdağ and Selahattin Demirtaş were arrested again as part of the investigation without any evidence which was a result of their efforts.
Maçoğlu said: "They produced three witnesses. All of them gave similar statements. They tried to prove that there is a link between PKK and HDP, that the Tweets during the Kobané protests were pre-designed and they were organizing a serious of violent crimes. However, these statements were not included in the Kobané investigation. In fact, we saw these statements in the closure case against the HDP. In other words, the prosecutor of the Kobanê file probably sent that statement to the Chief Public Prosecutor of the Supreme Court as a word document and showed it as evidence for the closure case, but there is no physical statement.”