The 60th hearing in the Aziz İhsan Aktaş criminal organization case, heard by the Istanbul 1st High Criminal Court, began in a courtroom opposite Marmara Closed Penal Institution.
Some defendants who are not in detention attended the hearing, including Adana Metropolitan Mayor Zeydan Karalar, who has been suspended from his duties, Ceyhan Mayor Kadir Aydar, Esenyurt Mayor Ahmet Özer and Avcılar Mayor Utku Caner Çaykara. Lawyers for some of the defendants and relatives of the defendants were also present in the courtroom.
The five detained defendants were not brought to the courtroom. Presiding Judge Oğuzhan Gül said that the lawyers of approximately seven defendants whom they had been unable to reach were absent and that some lawyers were on their way.
Gül said it would take approximately 45 minutes for the lawyers to reach the courtroom and announced that this period would be treated as the lunch break for the detained defendants. Gül said the purpose of setting a date for the verdict was to ensure that all defendants and their lawyers were present at the hearing. He said the defendants would be allowed to make their final statements, the lawyers would be asked whether their previous statements remained valid, and requests for release and judicial control would be collected.
The public prosecutor was asked at the hearing whether there had been any change to the final opinion submitted on the merits. The prosecutor said there had been no change and repeated the previous opinion. The hearing was then adjourned for approximately one hour.
Charges in the indictment
The 579-page indictment prepared by the Istanbul Chief Public Prosecutor’s Office lists the municipalities of Beşiktaş, Avcılar and Esenyurt, İstanbul ASFALT Fabrikaları Sanayi ve Ticaret AŞ and the General Directorate of Istanbul Electric Tramway and Tunnel Operations as entities harmed by the alleged crimes, along with 19 victims and 200 defendants.
Aziz İhsan Aktaş faces charges of establishing an organization for the purpose of committing crimes, rigging tenders, manipulating the performance of an obligation, forgery of official and private documents, fraud causing damage to public institutions, bribery, laundering assets acquired through crime and issuing false invoices. The indictment seeks a prison sentence of between 187 and 450 years for Aktaş, as well as the confiscation of assets allegedly obtained through crime.
Rıza Akpolat faces charges of membership in a criminal organization, rigging tenders, forgery of official and private documents, fraud causing damage to public institutions, accepting bribes, laundering assets acquired through crime and illicit enrichment. The indictment seeks a prison sentence of between 133 and 337 years for Akpolat, as well as the confiscation of his assets.
A prison sentence of between 5 and 15 years is sought for Utku Caner Çaykara on charges of rigging tenders and accepting bribes, while a sentence of between 3 and 9 years is sought for Ahmet Özer on charges of rigging tenders and forging private documents.
Prison sentences of between 4 and 12 years are sought on charges of accepting bribes for Seyhan Mayor Oya Tekin, who has been suspended from her duties, Ceyhan Mayor Kadir Aydar and Adana Metropolitan Mayor Zeydan Karalar, as well as Adıyaman Mayor Abdurrahman Tutdere, who was reinstated after his judicial control measures were lifted.
The prosecution’s final opinion on the merits
In the final opinion submitted by the public prosecutor on May 14, a total prison sentence of between 103 and 280 years is sought for defendant Aziz İhsan Aktaş, who is not in detention, on various charges. A sentence of between 119 and 328 years is also sought for defendant Baki Nugay, who is not in detention, on the same grounds.
The final opinion seeks the application of the provisions on effective remorse for Aktaş and Nugay because of the information they provided about acts of bribery allegedly committed as part of the organization’s activities during the investigation phase.
A total prison sentence of between 86 and 234 years is sought for detained defendant Rıza Akpolat on various charges. For Beşiktaş Deputy Mayor Ali Rıza Yılmaz, a sentence of between 64 years and 6 months and 179 years is sought, while a sentence of between 21 years and 6 months and 75 years is sought for Beşiktaş Deputy Mayor Alican Abacı.
The final opinion seeks prison sentences of between 4 and 12 years for Abdurrahman Tutdere, Zeydan Karalar, Kadir Aydar, Oya Tekin and Celal Tekin on charges of bribery. A sentence of between 6 months and 2 years is sought for Ahmet Özer on two counts of abuse of office through negligent conduct. The opinion seeks Utku Caner Çaykara’s acquittal of the charge of obstructing, hijacking or detaining vehicles in transit, while requesting a sentence of between 4 and 12 years for him on the bribery charge.
The final opinion also seeks prison sentences of between 2 and 5 years for 26 defendants on charges of membership in the organization. Prison sentences of varying lengths are sought for the other defendants, depending on the charges against them.