MARDİN - While the former district prosecutor was decided to be heard as a witness in the Dargeçit JİTEM Case could not be reached when he was in prison and under house arrest, Atty. Erdal Kuzu said that what happened was an intervention in the case.
The hearing against the dissappearance of Davut Altunkaynak (12), Seyhan Doğan (14), Nedim Akyön (16), Mehmet Emin Aslan (19), Abdurrahman Olcay (20), Abdurrahman Coşkun (21) Hikmet Kaya (24) and Süleyman Seyhan (57) and expert sergeant Bilal Batır, is being heard at Adıyaman 1st High Criminal Court. In the case where 18 defendants, including Mardin Gendarmerie Commando Battalion Commander of the time Hurşit İmren, Dargeçit District Gendarmerie Commander Mehmet Tire, Dargeçit Central Gendarmerie Station Commander Mahmut Yılmaz, Deputy Police Station Commander Haydar Topçam and Specialist Sergeant Kerim Şahin, are on trial for "premeditated killing", a large number of witnesses have been heard since October 2014. On December 5, 2016, Adıyaman 1st High Criminal Court decided to hear the then-Dargeçit Public Prosecutor Adem Kul as a witness, but Kul could not be heard.
HE COULD NOT BE FOUND WHILE HE WAS IN PRISON!
Although it was claimed that he was not at his address in March 2017, it was revealed that Kul was in prison in Samsun due to a Fettullah Gülen case, arrested on 21 July 2016. Despite being detained until January 18, 2018, Kul, who could not be heard on the grounds that his "address could not be reached", benefited from the "effective repentance law".
HOUSE ARREST
Adem Kul was placed under "house arrest" until the final hearing, which was decided on March 23, 2018 and was sentenced to 2 years and 6 months in prison for "membership in a terrorist organization". However, the warrants written for him to be heard as a witness in the Dargeçit JİTEM file were always answered as "his address could not be reached". In the JİTEM case hearing on October 22, 2018, the court decided that Kul should be brought by force this time. However, a reply came from Samsun that Kul could not be reached again.
WARRANT ISSUED AGAINST KUL
In the last hearing held on October 11, 2021, new information revealed about Kul, who could not be heard again. According to UYAP records; It was revealed that there was an arrest warrant for Kul due to a prison sentence of 2 years and 6 months given by the Samsun Chief Public Prosecutor's Office, and that a prosecution was initiated against him in 2021 for "abuse of office" by the 9th Penal Chamber of the Supreme Court of Appeals. However, it was not possible to obtain information about whether Kul was caught or not, and it could not be determined whether his statement was taken within the scope of the prosecution.
'THEY COULD NOT DETERMINE HIS ADDRESS FOR 5 YEARS'
Erdal Kuzu, one of the lawyers of the case, reminded the statements of the Dargeçit District Governor, who was heard as a witness, was detained by Adem Kul who was the prosecutor at the time, and that the prosecutor was more knowledgeable on the subject. Kuzu stated that these statements are very important in terms of disappearances under custody. Stating that the court has been taking action for 5 years, sometimes through notification and sometimes through law enforcement, Kuzu said, "5 years passed with the determination of this person's address." Kuzu stated that they learned that Adem Kul was in prison for a while and was held under house arrest after he was released, Kuzu said even though they notified the court about the situation, the court has been looking for him anyway. Kuzu underlined that the stalling of the court indicates an intervention in the case."
THE IMPORTANCE OF THE PROSECUTOR
Referring to the importance of Adem Kul in terms of the file, Kuzu said, “The importance of this person was in Dargeçit during the unregistered detention of 7 civilians. Again, on the basis of the official detention of 2 people, it is this person whose signature is under the instructions. His statements will illuminate the reality a little more. It will allow us to see a little more about what happened ."
Underlining that the fact that the state doesn't know where he is, is impossible to believe, Kuzu said that the witnesses are protected in cases like this which state officials are on trial.
MA / Ahmet Kanbal