Original HRC document

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Document Type: Final Report

Date: 2017 Dec

Session: 37th Regular Session (2018 Feb)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.17-23047(E)



Human Rights Council Thirty-seventh session

26 February-23 March 2018

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on his mission to Turkey: comments by the State*

* Reproduced as received.

United Nations A/HRC/37/50/Add.2

General Assembly Distr.: General 21 December 2017

English only

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1. The Government of the Republic of Turkey expresses its appreciation of the role

played by mandate of the Special Rapporteur on torture and other cruel, inhuman or

degrading treatment or punishment on examining questions relevant to torture. Turkey

takes note of the contributions of the Rapporteur’s work in fulfilling his mission within the

scope of his mandate to date.

2. After studying the advanced unedited version of the Report which was prepared by

the Special Rapporteur’s Office, following his mission to Turkey from 27 November

through 2 December 2016, the Government of the Republic of Turkey would like to submit

its comments and observations in the following paragraphs.

Terrorist Organization FETÖ/PDY

3. To start with, the Government wishes to remind that FETÖ/PDY (Fetullahist

Terrorist Organization/Parallel State Structure) is an armed terrorist organization

established by Fetullah Gülen which aims to suppress, debilitate and direct all the

Constitutional institutions, to overthrow the Government of the Republic of Turkey and to

establish an oppressive and totalitarian system through resorting to force, violence, threat,

blackmailing and other unlawful means.

4. On the night of 15 July, upon the instruction of the founder and leader of the

FETÖ/PDY, Fetullah Gülen, and in line with the plan approved by him, “a group of

terrorists in uniforms” within the Turkish Armed Forces attempted an armed coup against

the democracy for the purpose of overthrowing the elected president, Parliament and

Government together with the Constitutional order.

5. The Presidential Compound, the hotel where Mr. President was staying at, the

Turkish Grand National Assembly (TGNA), the Police Special Operations Centre and the

security units, the premises of the National Intelligence Organization and various military

units were attacked with bombs and arms. The Bosphorus bridges connecting Asia and

Europe were closed to traffic by the terrorists in uniform using tanks and heavy artillery.

6. The Turkish Parliament building, reflecting the public’s will and the heart of the

democracy, was bombed for the first time in the history of the Republic of Turkey. Fighter

jets carried out bomb attacks in the course of the extraordinary meeting of the Plenary

Session against the coup attempt. During the attack, Parliament officials, some civilians and

many police officers were injured, and extensive damage was caused to the Parliament

building.

7. On the night of 15 July, tanks ran over civilians and some of them were killed and

injured as a result of being trapped under the tanks. Fighter jets made low altitude flights

over the cities by breaking through the sound barrier and in a manner which would lead to

fear and panic in the public. The TGNA and people were shot randomly by the coup

plotters, snipers directly targeted people from strategic points, the crowd was bombed and

shot from these fighter jets. In brief, the civilians, who defended the democratic regime at

the cost of their lives, were massacred by coup plotters. In the course of the coup attempt,

250 persons were killed and more than 2000 were injured.

8. However, to judge the deeds of this organization with only what transpired on July

15th would be a mistake. To understand why FETÖ/PDY is recognized as a terrorist

organization one needs also to take into consideration the enormity of their previous actions

and the resulting trauma that the Turkish nation has experienced. The so-called educational

services of this organization was in fact the first step of an infiltration campaign where kids

were put through a heavy hand in indoctrination. They were provided with cheat sheets for

entrance exams for prominent schools and later for government jobs. They were turned into

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unquestioning disciples of Fetullah Gülen. They were ordered to stay hidden and to

infiltrate state institutions. To achieve their main goal of capturing the state, the members

of FETÖ eschewed all legal and ethical norms. They bribed, blackmailed, fabricated

documents, tagged and wiretapped people and orchestrated sham trials against anybody

who could stand on their way. Laundering enormous sums of money, arranging illegal

transfers of funds, as well as other financial crimes became business as usual.

9. Accordingly, the references to the said terrorist organization in the Report as

“Gülenist movement” (Paragraph 24, Paragraph 59 and Paragraph 95) should be corrected

as FETÖ/PDY (Fetullahist Terrorist Organization/Parallel State Structure). For perusal and

reference, an Information Note on the said terrorist organization is also attached to this

Addendum.

Terrorist Organization PKK:

10. The Government further would like to underline that PKK is a vicious terrorist

organization, which is included in the lists of terrorist entities of the EU as well as USA and

many other countries in the democratic world. For decades, Turkey has been countering

PKK terrorism which claimed thousands of lives of innocent people and violated the

fundamental rights and freedoms of people; first and foremost, the right to life.

Accordingly, the fact that PKK is a terrorist organization should have been duly alluded

and taken into account in the Report (Paragraph 30).

General Remarks on the Report:

11. As acknowledged in the Report, Turkey’s institutions, constitution and legislation

provide sufficient institutional and legislative safeguards against torture and ill-treatment.

Respect to human dignity constitutes one of the foundations of the Turkish democracy.

12. While emphasizing the serious nature of the security challenges that Turkey faces in

recent years, the Report cites unsubstantiated, generic and vague claims. Many comments

and generic conclusions cited in the Report are built on the claims of a limited number of

persons interviewed and flow of information from unknown sources whose reliability could

well-be questioned and some of them are apparently members of terrorist organizations.

13. The Government wishes to underline that, although the Rapporteur was given access

to all locations where people are deprived of liberty throughout Turkey and was able to

conduct confidential interviews with detainees of his choosing, no physical signs were

reported consistent with allegations of ill-treatment cited in the Report.

14. Certain vague allegations, unsubstantiated claims and anonymous statements cited in

the Report remain unaddressed in this Addendum only due to lack of their clarity and it

should not in any way be commented as that such allegations are accepted.

15. The Government further would like to inform that the Recommendations in the

Report will be duly examined by the relevant Turkish authorities and those

Recommendations based on objective and impartial assessments will be taken into

consideration and implemented where necessary.

16. The Government would also like to recall that Turkey is party to both the UN

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment since 1988 and to the European Convention for the Prevention of Torture and

Inhuman or Degrading Treatment or Punishment since 1989. Turkey also has a constructive

cooperation with their respective international monitoring organs namely UN Committee

Against Torture and European Committee For the Prevention of Torture.

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17. Turkey is also party to UN Optional Protocol to the Convention Against Torture

(OPCAT) and designated Human Rights and Equality Institution as the National Prevention

Mechanism, accordingly since 2012.

18. Therefore, having been party to all relevant international conventions for the

prevention of torture and ill treatment; the Government reiterates its full commitment to the

“policy of zero tolerance against torture” and its determination for the total elimination of

torture and other cruel, inhuman and degrading treatment.

19. Certain comments regarding the advanced unedited version of the Report are

submitted below under the relevant headlines.

Introduction

20. The Report puts forward that “During his visit, the Rapporteur met with high level

officials of the Ministries of Foreign Affairs, Justice and Interior (including the Turkish

National Police, General Command of Gendarmerie) in Ankara…………………………. He

also met with representatives of United Nations agencies and the diplomatic community,

with civil society organisations, activists, lawyers and doctors, as well as with victims of

torture.”

21. The term in the latter sentence, “victims of torture” should be corrected as “those

who claimed to have been victims of torture”.

Assessment of the situation- General observations

22. Regarding Paragraph 23, the Government wishes to inform that the term “conflict

in the South-East” is incorrect and misleading. The violence erupted in south-east Turkey

after July 2015 can be described as intensified terrorist attacks by PKK. Accordingly, the

Government requests that the unacceptable term “conflict” in Paragraph 23 and in other

paragraphs (5, 29 and 40) should be deleted.

23. Regarding the claims in Paragraph 23, the Government would like to recall that

Turkey, as one of the main pillars of its zero tolerance policy against torture, maintains its

resolute commitment to combat impunity for torture and ill-treatment. To this end, efforts

have been concentrated in (i) further strengthening the national legislation to provide

necessary safeguards to combat impunity and (ii) rendering the law-enforcement complaint

system more efficient and swift while enhancing its transparency and credibility.

(i) Firstly, it is important to indicate that Turkish national legislation includes the

necessary safeguards against impunity for torture and other forms of ill-treatment.

This is also acknowledged in the Report.

24. Even during the State of Emergency, Turkey remains adhered to its commitment to

strengthen its legislation to combat impunity of law-enforcement officials and to prevent

instances of torture and ill-treatment. As a latest sign of this commitment, with the Decree

Law No : 682 on General Disciplinary Provisions as Regards the Law Enforcement

Officers which entered into force on 23 January 2017, a new provision has been put into

effect which provides that law enforcement officers who commit torture shall be imposed

the disciplinary penalty of dismissal from public service.

(ii) With a view to combating impunity through rendering law-enforcement

complaint system more efficient and swift as well as enhancing its transparency and

credibility, the Law No : 6713 on the establishment of Law Enforcement Oversight

Commission was enacted and entered into force on 20 May 2016.

25. The Law is another reform step taken in line with Turkey’s zero tolerance policy

against torture. The Law aims at ensuring swift and efficient investigation and conclusion

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of complaints as to law enforcement officers. It foresees the establishment of a Law

Enforcement Oversight Commission that provides a more effective complaint system and

also envisages the establishment of a central registration system that monitors the

processing of complaints about law enforcement officers as well as the sanctions imposed

as a result of these actions. The central registry system will enter into force following the

adoption of regulatory framework.

26. Within the Directorate General of Prisons and Detention Houses of the Ministry of

Justice (MoJ) there is a complaint Bureau where personal petitions or any complaints

received by BIMER (Communication Centre of the Prime Ministry), CIMER

(Communications Centre of the Presidency), and the Directorate General Prisons and

Detention Houses are investigated in detail and processed as required.

27. Detainees or convicts, their relatives and associations can also file complaints to the

Human Rights Bureau within the Directorate General for Prisons and Detention Houses of

the MoJ. Allegations of violations of human rights are investigated in detail and the

applicants are informed about the developments.

28. In addition; in October 2016, to facilitate the filing and swift processing of torture

and ill treatment complaints, upon the instruction of the Minister of Justice, a specific unit

has been established to deal with all allegations of ill-treatment at the penitentiary

institutions and to inform the relevant persons of the outcomes.

29. In this unit, allegations and comments appeared in the media, reported by the

international organizations and monitoring mechanisms recognised by Turkey are

immediately taken into consideration.

30. Furthermore, a citizen’s portal has been created. The complaints received via this

portal are assessed carefully.

31. As to General Observations (Paragraph 24), the Government wishes to inform that

the allegation regarding “extensive intervention with the human rights……” is unacceptable

as all judicial proceedings against the suspected plotters of the 15th July terrorist coup

attempt and members of FETÖ/PDY are initiated as per decisions of the members of

independent judiciary.

32. In Paragraphs 29 and 30, the PKK and the so-called “Islamic State of Iraq and Al-

Sham (ISIS)” are not indicated as terrorist organizations. Also, the term “Kurdish

insurgency” is a misrepresentation of the reality. Turkish nation is not a juxtaposition of

communities or groups. It is composed of citizens, who are equal before the law

irrespective of their origins in terms of language, race, colour, ethnicity, religion or any

other such particularity, and whose fundamental rights and freedoms are enjoyed and

exercised individually in accordance with the relevant law. While Turkey is countering

PKK terrorism, citizens of Kurdish origin are integral part of the nation. The violent attacks

perpetrated by terrorist organization PKK cannot be described as “Kurdish insurgency”.

Torture and ill treatment

33. The Government wishes to express that allegations of torture and ill treatment raised

in connection with the terrorist coup attempt of 15th July 2016, as well as southeast Turkey,

under this section are unacceptable.

34. It seems that most of the interviewees are apparently members of terrorist

organizations and the Report has given full credit to the statements of suspects of offences

of overthrowing the Government of the Republic of Turkey, establishing an oppressive and

totalitarian system through use of force, violence, threat, blackmailing and other unlawful

means.

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35. Furthermore, it is not clear in the Report that whether such allegations were brought

before justice or any local remedies are exhausted.

Solitary confinement

36. As to unconfirmed claim in Paragraph 32 that “….a great number of persons had

been held in prolonged solitary confinement”, the Government wishes to inform that there

is no practice as “solitary confinement” in Turkish penitentiary system. In certain cases, a

disciplinary measure involving a stay in 1 or 3 persons rooms is applied in line with Law

No : 5275 on the Execution of Sentences and Security Measures. However, those who are

imposed such temporary disciplinary measures are entitled to have the same rights with

other inmates, namely joining recreational activities as well as having fresh air, watching

television, talking over the phone, meeting with visitors or lawyers, reading books and

receiving letters or fax messages.

Strip searches and invasive body searches

37. In connection with the concerns raised in Paragraph 33 and 34 under the title

“Strip searches and invasive body searches”, the Government would like to underline that

searching of all body and belongings of the detainees and convicts transferred to the

Penitentiary Institutions are carried out in accordance with the provisions stipulated in

Article 67 of the “Regulation on the Administration of the Penitentiary Institutions and the

Execution of the Sentences and Security Measures”.

38. In case that there are reasonable and serious indications regarding the fact that

prisoners and detainees carry forbidden items and belongings on them or in their body

cavities and in case that the highest supervisor of the institution deems it necessary,

searching is conducted in accordance with Article 36, titled “Searching” of the Law No :

5275 and the provisions stipulated in Paragraphs 2 and 3 of Article 46 of the Regulation.

By this way, the detainees and convicts coming to the institution are prevented from

bringing in drugs and hazardous substances in the institution and searching is made with the

strict observance of the principle of respect to human dignity.

39. Necessary regulations including the issues pointed out in the Paragraph 34 already

exist in the legislation in detail and stipulated in the Regulation on the Administration of

the Penitentiary Institutions and the Execution of the Sentences and Security Measures.

40. Furthermore, the personnel in the Penitentiary Institutions are regularly informed on

the current rules and legislation in force. Allegations of ill treatment and abuse are duly

investigated by the Chief Public Prosecutor Offices.

Overcrowding

41. Regarding the concerns raised in connection with “overcrowding in penitentiaries”

(Paragraph 39), the Government would like to inform that the minimum standards for

prison establishments provided in the recommendations of the Committee of Ministers of

the Council of Europe are followed when accommodating detainees and convicts in prison

establishments.

42. Due to the population growth and increase in the number of detainees and convicts

accordingly, new penitentiary institutions are needed in order to solve the capacity problem

of the penitentiary institutions. There might have also been occasional temporary

overcrowding in prison establishments in some cities when an unforeseeable rise occurred

in the number of detentions, as it was seen in the immediate aftermath of the terrorist coup

attempt of the 15 July 2016. However, such problems are addressed in a short period of

time with the construction of new establishments and transfers to other establishments.

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Furthermore, where legally permissible, “judicial control decisions” which is an alternative

measure, are applied.

43. With the Decree Law No: 674 dated 1 September 2016 on the Measures Taken

under the State of Emergency, construction work for new prisons have been accelerated.

With the said Decree Law, it is provided that in case of a need, the construction tender for

new prison establishments can be conducted without the fulfilment of the requirements

foreseen in the investment program. It is planned to construct 228 new prison

establishments until 2021. Among them, 106 are in construction stage, 51 are in the tender

phase, 59 are in the project phase and 12 are in the planning phase. The planned capacity of

these establishments is 333,714.

44. In order to eliminate the problem of overcrowding permanently, the relevant

authorities continuously work on construction and for the improvement of physical

conditions of prison establishments.

45. Furthermore, with a view to increasing the effectiveness of conditional release

regime which will contribute to reducing overcrowding, a project for “Improving

Conditional Release to Strengthen the Regime for Execution of Penal Sentences and

Prevent Re-Commission of Offenses” will start at the end of 2017 for 36 months.

General conditions of detention

46. Regarding the claims cited in Paragraph 41 in connection with “inmates’ visits and

phone calls with family members and lawyers”, the Government would like to inform that

the visits for the convicts and detainees in penitentiary institutions are realized within the

framework of Articles 83, 85 and 86 of The Law No: 5275 on the Execution of Penalties

and Security Measures and the provisions of the Regulation on the Visitation of Convicts

and Detainees.

47. Moreover, free visitations are allowed in accordance with the following provision

included in Subparagraph (e) of Paragraph 1 of Article 5 of the Regulation on the Visitation

of Convicts and Detainees which stipulates that “Taking into consideration the capacity,

security and order of the institution, convicts and detainees sentenced or detained on the

grounds of the crimes defined in Section 4, 5, 6, 7 of Part 4 of Second Volume of Turkish

Criminal Code No. 5237 and the crimes included in the scope of Anti-terror Law No :

3713, free visitations are allowed within every two months with the decision of

administrative and investigative board”.

48. On the other hand, as per the Decree Law No: 667 dated 23.07.2017, on the

Measures Taken under the State of Emergency, “Remand detainees may be visited merely

by their spouses, up to second degree blood or consanguinity relatives and first degree

relatives by marriage, as well as legal guardians or trustees, provided the relationship is

documented. Powers of the Ministry of Justice and Public Prosecution shall be reserved.

Remand detainees shall exercise their right to communication by phone once every fifteen

days, limited to the persons listed in this sub-paragraph for a maximum of ten minutes.”

49. The interview dates and hours of the of detainees with their attorneys shall be

limited in accordance with Subparagraph (d) of Article 6 of the Decree Law No: 667.

50. The detainees and convicts in the penitentiary institutions benefit from sportive and

cultural activities taking into account security considerations as well as issues such as

physical structure and capacity of the institution and within the framework of the program

prepared by the administration of the institution.

51. The convicts and detainees in penitentiary institutions are encouraged to attend

courses in fields offered such as painting, music, theatre in order to minimize the negative

physical and psychological effects of their situation while serving their sentences.

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52. Moreover, it is allowed for convicts and detainees, held in closed and open

penitentiary institutions, to continue their education through non-formal education

activities. Detainees and convicts in open penitentiary institutions can also have formal

education.

53. Regarding the claims in Paragraph 42 regarding “lack of schooling and insufficient

access to recreational activities for juvenile pre-trial detainees” as well as “adult inmates

not allowed to work”, the Government would like to inform that the juveniles who have

never received formal education or dropped out of education are evaluated by the teachers

working for educational services in penitentiary institutions and all proceedings for the

education of these juveniles are carried out by the said services.

54. Within this framework, while the juveniles held in education houses for minors

benefit from formal and non-formal education, juveniles who are held in juvenile sections

of closed penitentiary institutions and in the institutions for adults benefit from non-formal

education. Moreover, 1st and 2nd Level Literacy Courses are delivered in all penitentiary

institutions. The juveniles who are held in penitentiary institutions for terror-related crimes

also benefit from formal, non-formal education and 1st Level Literacy courses.

55. With a view to securing full rehabilitation of juvenile offenders in penitentiary

institutions, of those who have never attended school or drop-outs are evaluated by the

educational service to continue to their education. As per their needs they are offered

literacy courses or formal education if they are suitable in terms of age and educational

level or to distance learning. Moreover, they may take exams by Student Selection and

Placement Center and the Ministry of National Education within the framework of non-

formal education. Social and cultural activities and studies for juveniles (conferences and

seminars, theatre plays, concerts, movies, painting, comics, folk dances, music, handicrafts,

exhibitions, quiz shows, debates, chess-draught etc. and celebrations of important days and

weeks) are also carried out .

56. In all institutions including at high security penitentiary institutions, within their

capacities, new courses are offered to ensure that inmates would have a profession after

serving their sentences. It is aimed that inmates become equipped with suitable knowledge,

skills and competencies in a dynamic manner in accordance with contemporary needs;

encouraged for entrepreneurship, team work, decision-making and problem-solving and

their adaptation to the changing social and economic conditions is ensured.

57. As per the below-mentioned provisions in Article 29 of The Law on the Execution

of Penalties and Security Measures on “Employment of convicts” and Article 96 of the

Regulation on the Administration of Penitentiary Institutions and on the Execution of

Penalties and Security Measures;

• Convicts who do not have an occupation and who are determined by the institution

doctor to be mentally and physically healthy and convicts who have an occupation

and who are willing to work may be employed in workshops in return for such

wages as shall be fixed according to the means of the institution.

• The purpose of such employment is to ensure that convicts learn an art or trade

which will enable them to maintain themselves after release, and to develop or

strengthen their motivation to work and produce. In the employment of convicts,

their abilities, skills, aptitudes, and mental and physical conditions will be taken into

account.

• The employment of minor convicts shall only be in the field of vocational training.

Minors and juvenile convicts attending education institutions or formal education

may not be employed in workshops during the teaching year.

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• Their employment shall be governed by the provisions of Law No: 3308 of 5 June

1986 on Vocational Training in so far as they do not contradict the provisions of this

Law.

58. In high security closed penitentiary institutions inmates’ requests to work at the

workshops are submitted to the administration and evaluated accordingly.

59. In connection with Paragraph 44 regarding heating conditions in penitentiary

institutions, it is a legal requirement as per Paragraph 4 of Article 63 of the Law on

Execution of Penalties and Security Measures that adequate space, lighting, heating,

ventilation and hygiene shall be provided in rooms and parts in view of climatic conditions

in penitentiary institutions. Accordingly, the heating systems of the penal institutions are

established during the construction. The heating of the penal institutions in winter seasons

is ensured in view of the climatic conditions of the region of the institution.

Separation pre-trial/convict and male/female/juvenile

60. As to Paragraph 47 of the Report recommending a “separation between pre-trial

detainees and convicts in all prison facilities”, the Government would like to submit

following information :

61. The separation recommended in the Report is already a legal requirement according

to Paragraph 3, Article 111 of the Law No: 5275 on Execution of the Penalties and Security

Measures which reads “Separate detention houses may be established for women, minors

and juveniles. In detention houses or in those parts of closed penal execution institutions

which are allocated for detainees, they shall be kept in separate places for adults, women,

juveniles and minors and considering the types of crime.” Implementation is carefully

monitored as per this provision. Therefore, certain individual examples should not be

represented as systematic practices.

Medical care, sanitary conditions and nutrition

62. Regarding the concerns set forth in Paragraph 48 of the Report on “prompt and

adequate access” to medical care, the Government would like to underline that health

requirements in the penal institutions are supervised by physicians. First examination and

treatment services are provided in the institution for the protection of physical and mental

health of the convicts and detainees, and for the diagnosis of the illnesses; those for whom

further examination, treatment and rehabilitation is required are referred to the state

hospitals while those for whom even further examination is required are referred to

university hospitals. All results of the examinations and treatments are recorded in the

personal health folders.

63. As per the relevant law, all sorts of treatment and examination are under the

guarantee of the government and free of charge. The referrals to the hospitals are conducted

in the discretion of the physician according to the medical requirements.

64. Among the inmates, those for whom the specialist physician deemed necessary to

refer to the hospital for in-patient treatment are placed in the convict wards of the hospitals

where their treatment and follow up are carried out.

65. Regarding Paragraph 49 of the Report mentioning “insufficient General

Practitioners in facilities, problems regarding dental care and psychiatric/psychological

support”, the Government would like inform that comprehensive measures have been taken

in Turkey regarding the said health requirements to date.

66. Following the entry into force of Law No: 5283 on the Transfer of the Health Care

Units Belonging to Some of the Institutions and Agencies to the Ministry of Health, first

step healthcare provided to the convicts and detainees by the physicians of the institutions

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affiliated to the Ministry of Justice until 2009, is started to be provided by the Ministry of

Health, within the scope of the universal healthcare system as per the provisions of the

Protocol on the Regulation of the Health Care in the Penitentiary Institutions signed

between the Ministry of Health and the Ministry of Justice.

67. Currently, healthcare is provided by the family doctors and dentists in line with the

provisions of the Protocol entered into force on 30/04/2009 at all penitentiary institutions.

68. The aforementioned Protocol aims to provide better, effective and efficient

healthcare to all the convicts and detainees placed in the penitentiary institutions. It also

aims to address the issues in the follow-up of the treatments of the convicts and detainees;

to decrease the number of referrals to hospitals and to increase the quality standards in

healthcare provided in the penitentiary institutions.

69. The District Policlinics within the Campuses of Ankara-Sincan, İstanbul-Silivri,

İstanbul-Maltepe and İzmir-Aliağa Penitentiary Institutions provide inpatient treatment

services in the status of a hospital directly attached to the Ministry of Health, and the

treatment and care of the convicts and detainees are carried out in these policlinics upon the

decision of physicians.

70. As per the Article 5 of the aforementioned Protocol, in every institution even those

which are constituent parts of large penitentiary campuses having 1.000 and more detainees

and convicts, the health care services are provided by family doctors. Healthcare is

provided with the support of the physicians for 5 full days in a week in the institutions

having more than 1.000 detainees, convicts and personnel, for 5 half days in the institutions

having 500-1000 detainees, convicts and personnel and for 2 half days in the institutions

having less than 500 detainees, convicts and personnel.

71. Dental services in the penitentiary institutions are provided in the dental units within

the penitentiary institutions by the dentists appointed by the relevant healthcare

organizations.

72. On the other hand, psychologists and social workers serving in the psycho-social

assistance units operating within the penitentiary institutions carry out research and

protective studies for mental and physical health of convicts and detainees and make

necessary interventions during their service. In this context, 4 psychologists and 1 social

worker have been working in D-Type closed prison in Diyarbakir, in order to provide

psychological support to the convicts and detainees.

73. As to the claims in Paragraph 50 in connection with “inmates’ transfer to hospital

and access to the required medical care” the Government would like to submit the

following information.

74. First examination and treatment for the protection of the physical and mental health

of the convicts and detainees as well as the diagnosis of the diseases services are provided

in the institution; diseases which require more examination, treatment and rehabilitation are

referred to public hospitals, the ones which require further medical services are referred to

university hospitals. These decisions are made without any discrimination according to the

doctor’s judgement as per the medical requirements.

75. As mentioned before, all necessary examinations and treatments are free of charge

and under state guarantee. Referral of the convicts and the detainees to the hospital is

provided by the corps of Gendarmerie based on the physician’s decision.

76. However; in case of a sudden illness of the convicts and detainees, 112

77. Emergency Room is informed immediately and patients are referred to the hospital.

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78. As to claims in Paragraph 51 of the Report with regard to “contagious diseases,

HIV/Aids and drug addictions”, the Government would like to convey that in penitentiary

institutions, the convicts and detainees are vaccinated by family physicians. All convicts

and detainees in closed penitentiary institutions are screened for tuberculosis at least once a

year and also every convict and detainee who have been in the penitentiary institution

recently are examined. Those who have been diagnosed with tuberculosis are referred to

the related health institutions.

79. Inmates who have tuberculosis are ensured to inhabit in certain areas (such as

infirmaries) for a period of time which the doctor in charge determines.

80. Also, supervision of the penitentiary institutions in terms of sanitary conditions are

executed periodically by local health authorities and a copy of the report is submitted to the

related chief public prosecutor’s office.

81. In the event that a convict or detainee informs about having a contagious disease in

the first admission, or a diagnosis report regarding the disease is recorded in health file, or

the disease is diagnosed with analyses and examinations after being accepted to the

institution, the cases fall into category of notifiable diseases according to the Article 57 of

Law No: 1593 Public Health Law (such as AIDS, acute bloody diarrhea, whooping cough,

brucella, diphtheria, gonorrhoea, mumps, measles, rubella, cholera, rabies, tetanus, polio,

malaria, syphilis, anthrax, typhoid fever, tuberculosis, H1N1 and acute viral hepatitis) the

Department of District Health Group and Local Health Authorities are notified by the

physician/dentist, health officer, other health personnel or institution manager in charge of

the penitentiary institution. The required treatment starts immediately and all measures with

a view to preventing the spread of the disease are taken urgently.

82. In this context, if an inmate is diagnosed with a contagious disease as she or he is

examined in the infirmary of the penitentiary institution, he or she is immediately referred

to a healthcare organization where a specialist physician is present for further examination

and treatment. Their treatment and controls are made regularly, every phase of the disease

is carefully followed in accordance with the medical requirements and legislation.

Counter-terrorism law and decree

83. As to claims in Paragraph 69, the Government would like to clarify that the Law

6722 does not grant any immunity for any law enforcement official. It only requires the

permissions of the competent administrative authorities before criminal investigations for

the law enforcement forces and other civilians taking part in counter-terrorism operations

for the suspected offences that might have been committed while carrying out their duties.

84. The exclusion is not a blanket of liability. The prosecutors are able to investigate the

suspected offences after getting the permission. If the permission is not granted, the

prosecutors or other relevant parties (victims, lawyers etc) have a right to appeal to the

administrative court against the decision.

Lack of review of emergency decrees and related human rights violations

85. In Paragraph 83. it is claimed that ......Since the Special Rapporteur's visit, the

Constitutional Court reviewed a number of cases and concluded that it was not competent

to receive the complaints because legal remedies had not been exhausted."

86. The Government would like to bring to the attention that the Constitutional Court

reviewed a number of cases on State of Emergency measures and administrative acts and

found those complaints inadmissible because legal remedies had not been exhausted. As far

as the individual applications are concerned the Constitutional Court has not concluded that

it was not competent to receive any complaints.

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12

87. Furthermore, pursuant to the Decree Law No: 685, the Inquiry Commission on the

State of Emergency Measures (“the Commission”) was established in order to carry out an

assessment of, and render a decision on, applications related to certain measures directly

conducted by virtue of the Decree Laws on account of having membership, affiliation or

connection with terrorist organizations. The Commission has the authority to conduct an

examination as to the measures concerning the dismissal or discharge from public service,

profession or organization in which the persons held office, the dismissal from studentship,

the closure of institutions and organizations and the revocation of the ranks of retired

personnel. The Commission received applications from 17th July through 14th September

2017. In the event that a new Decree is issued, it will continue to receive applications in

connection with that Decree. Moreover, parties having legal interest are entitled to file

actions against the decisions of the Commission with the Ankara administrative courts

which will be determined by the High Council of Judges and Prosecutors.

88. The fact that a judicial remedy has been introduced against the decisions of the

Commission is to provide the persons dismissed or discharged from public service,

profession or organization in which they held office or closed institutions and organizations

with the opportunity to bring their cases before the independent judiciary. The Commission

decisions can be appealed. Besides, individual application to the Constitutional Court is

applicable.

89. On 12 June 2017, the European Court of Human Rights ruled that the Inquiry

Commission has to be resorted to in order to exhaust domestic remedies. This clearly

recognizes the Inquiry Commission as a legal remedy for the measures taken directly as a

part of the legislative decrees.

90. Furthermore, through the Review Boards established within public institutions and

the Prime Ministry, around 35 thousand public employees have been reinstated to date.

Around 350 private entities have also been reopened.

91. As to Paragraph 85, in connection with a decision on “no grounds to investigate

and prosecute a torture complaint in Trabzon”, the Government would like to inform that

the said decision was not taken to due to the so-called “immunity given to State officials

under the State of Emergency decrees”, but due to insufficient evidence proving the claims

of ill treatment. Furthermore, decision of “no grounds to investigate and prosecute” was

later repealed and judicial proceedings are currently underway regarding claims.

92. In connection with Paragraph 88, the Government wishes to advise that the civil

inspectors who can inspect holding cells are from the Ministry of Interior and in addition to

governors, mayors and Human Rights Inquiry Commission of the Parliament, the members

of the Parliament can also monitor these places.

93. With respect to the statement in Paragraph 88, the Government wishes to inform

that, relevant Ombudsman and experts of Ombudsman Institution pay visits to prisons and

removal centers. Ombudsman Institution issued a Recommendation, dated 02.12.2016 and

numbered 2015/6136, as a result of investigations and on site visit to Aşkale Removal

Centre on 20-21 January 2016.

Lack of monitoring of detention locations

94. Regarding the Turkish National Human Rights and Equality Institution, the

Government is of the opinion that Paragraph 90 should be amended as “…..However, at

the time of the visit, due to the delays caused by attempted coup on 15 July 2016, no

commissioners for the board had been appointed to the Institution.

95. As far as “the dismantling of the Prison Monitoring Boards” are concerned

(Paragraph 91), the Government would like to inform that with the Decree Law No: 673,

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13

dated 02.09.2016 on “Measures to be Taken Under the State of Emergency”, memberships

of then the President of Monitoring Boards and other members have been terminated. Yet,

new member elections have been completed shortly afterwards. To date, 143 Monitoring

Boards have been reinstated in 135 Assize centres; 714 presidents and members have been

selected by related judiciary justice commission in these institutions. 394 of the members

serving in the Monitoring Boards are newly elected and 320 are old members.

96. In 2016, 382 penitentiary institutions were visited 1.385 times by the 143

Monitoring Boards and as a result of these visits, 852 reports have been drawn up. 1.312

recommendations were made in these reports. Recommendations of the monitoring boards

have a breakdown of 8 main categories, namely, execution implementations, rehabilitation

studies, health, living conditions, internal security services, referral and transfer processes,

physical structure and personnel. In addition to this, there are also recommendations

regarding the financial issues. The number of recommendations fulfilled is 962. Thus,

fulfilment rate is 73 %.

97. As required by the Article 6 of Law No: 4681 Penitentiary Institutions and Monitory

Boards of Detention Houses, Monitoring Board Activity Report of the previous year is

publicly announced every year. “2016 Activity Report of Monitoring Boards” has been

drawn up and submitted in 2017.

98. Furthermore, between 01.01.2017 - 15.11.2017, 383 penitentiary institutions were

visited 1.347 times by the 143 monitoring boards and as a result of these visits, 850 reports

have been drawn up.

Documentation of torture and forensic medical examinations

99. As to claims in Paragraph 93 of the Report, the Government wishes to inform that

psychological evaluation of inmates are conducted by the psychologists and social workers

who work in the psycho-social help services in the penitentiary institutions.

100. In addition, within the scope of “Structured Psychological Evaluation and

Intervention Program” implemented in penitentiary institutions, an early diagnosis and

evaluation system has been set up for the purpose of recognition of psychological problems

of inmates in early stages. The system consisting of 3 stages is finalized when Research and

Evaluation Form (Araştırma ve Değerlendirme Formu-ARDEF) has been filled by the

relevant official so that an individualized program for treatment inmate is developed.

101. Regarding Paragraph 95, the Government underlines that all forensic autopsies are

performed by experts of Council of Forensic Medicine and in case of deaths in custody or

in prison, and all autopsies are performed in accordance with the Minnesota Protocol.

102. As to the unfounded allegations in Paragraph 96, the Government would like to

stress that those who claim to have been victims of torture or ill treatment are examined

independently by Forensic Medicine Specialists, in accordance with Istanbul Protocol and

they perform their duties free from any sort of pressure.

Recommendations:

103. The Government would like to share its observations with regard to some of the

Recommendations in the Report in following articles.

104. In connection with Conclusion A-4-g the delays on the work of the National Human

Rights and Equality Institution caused mainly by the re-organization process and terrorist

coup attempt of 15th July. At present, the institution is determined to carry out its duties

within the framework of national preventive mechanism function, in cooperation with SPT,

CPT and other international mechanisms, relevant public institutions, particularly the

Human Rights Inquiry Commission of the Parliament, the Monitoring Boards for Prisons

A/HRC/37/50/Add.2

14

and Detention Centres and the Ombudsman Institution, as well as with all relevant non-

governmental organizations in order to ensure that the Institution is able to effectively fight

against torture and ill-treatment.

105. Currently, the reports of the Monitoring Boards for Prisons and the Provincial and

Sub-provincial Human Rights Boards and the applications received by the Institution are

under consideration. The Institution is in the process of planning visits with a view to fulfill

its function as NPM.

106. In this context, it has performed its first visits as the National Prevention Mechanism

to the police headquarters, psychiatric nursing hospitals and prisons in Rize and Trabzon,

on October 16-18, 2017.

107. With regard to Recommendation 4-(b) (“ensure adequate access to work, training,

education and recreation for all offenders, including terrorism-related convicts…”) the

Government would like to refer that the Law No: 5275 on the Execution of Sentences and

Security Measures takes the rehabilitation during execution as a basis. It is stipulated in

Article 7 of the said Law that:

(1) The success of programs aiming at the rehabilitation of convicts during the

execution of prison sentences shall be measured by new attitudes and skills gained

by convicts. For this purpose, there should be motivation on the side of convict

towards the efforts of rehabilitation.

(2) The prison sentence shall be executed in accordance with such programs,

methods, means and mentality as shall be designed to minimise the harmful effects

inherent in the prison sentence. The means of rehabilitation shall be implemented

according to procedures and principles that shall ensure the protection of the

convict’s health and his self-respect.”

108. In addition, “Part Four”, which includes 8 different Sections and 29 different

Articles of the Law No: 5275, has been dedicated only to the matter of “Rehabilitation” and

it has been guaranteed in the legislation that utmost sensitivity to this matter shall be

displayed.

109. As to Recommendation 4-(d) (“ensure the prioritisation of alternatives to detention

for all juvenile offenders…..ensure their detention in separate rehabilitation facilities…”)

the Government would like to inform that alternatives to detention for juvenile offenders

are in place and progressing.

110. In this regard, “Anka Child Support Programme” is developed by the Ministry of

Family and Social Policies (MFSP). In this program, field personnel and academics work

on preparing pyscho-social support and intervention schemes for children under protection,

i.e. staying at child support centers of MFSP, who are drifted into crime, victims of crime,

at risk of crime and living on streets.

111. Concerned child’s needs and risks are assessed by way of individualized need and

risk evaluation form (INRDF) (BİRDEF).

112. It is aimed that children drifted into crime, victims of crime, at risk of social dangers

on streets are motivated to be open minded, forward-looking, self-improving, believing in

success and themselves, to live in welfare and to be prosperous individuals.

113. Within the framework of Anka Child Support Program, a professional consultant is

assigned to every child by institution director. The consultant fills an individualized risk

and need evaluation form for accepted child in the first ten days. On the form, how the child

came to the institution, reason of acceptance, educational status of child, economic status

of the family, habitual residence, friendship relationships, physical status, psychological

status, addiction status, abuse and delinquency status, personal characteristics, behavioural

A/HRC/37/50/Add.2

15

problems and family characteristics are evaluated. With regard to risks and needs, after the

form evaluation, group work and individual consultancy service is served to the child and

his/her family.

114. In individual consultancy services, home escaping, self-harm behaviours, suicide,

victimisation of abuse, crisis management, intervention to crisis and trauma modules are

implemented.

115. Group works consist of modules on personal development, healthy life, emotional

arrangement, personality improvement and addiction. While personality improvement and

healthy life modules are applied to all children, other modules also varies according to

individual circumstances such as being drifted into crime, victims of crime, substance

addiction, pregnancy, anger management, impulse disorder etc.

116. With regard to Recommendation 5-(g) (“ensure adequate training of all health

professionals involved with detainees, ….application of the Istanbul and Minnesota

Protocols;”); the Government would like to recall that at the training centres for the

personnel of the penal institutions and prisons, information on the importance and scope of

the Istanbul Protocol and its implementation principles relevant to the complaints of torture

is taught to the personnel responsible for conducting the healthcare services of penitentiary

institutions.

117. Also, during the training programs for the administrative and technical personnel of

the penitentiary institutions, which are carried out with the support of the Directorate of the

Institution of Forensic Medicine, the scope and principles of Istanbul Protocol is

elaborated.

118. Moreover, until today, 33,223 personnel have received trainings on “Human Rights”

at the training centres for the personnel of the penitentiary institutions.

119. Regarding the Recommendation 5-(i), (“ensure and facilitate regular, effective and

independent monitoring of all institutions or locations where individuals may be deprived

of their liberty, by national and local bodies…;”) the Government wishes to submit

following information:

120. In addition to its own supervisory bodies mentioned above (Article 40), the

penitentiary institutions directed by the Directorate-General of Prisons and Detention

Houses of the Ministry of Justice are monitored by ;

• -The Human Rights Inquiry Commission of Parliament, constituting the members or

parliament selected by the Grand National Assembly of Turkey according to the

Law No: 3686 of the Commission on Human Rights Inquiry,

• -The Monitoring Boards established by the Law No: 4681,

• -The Ombudsman Institution established by the Law No: 6328,

• -The Human Rights and Equality Institution of Turkey, established by the Law No:

6701 dated 20 April 2016.

121. Furthermore;

• -Since Turkey is a party of the European Convention against Torture and other

Cruel, Inhuman or Degrading Treatment or Punishment since 1989 and is a party to

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (OPCAT) since 2011, all institutions or

locations where individuals may be deprived of their liberty are also open to

international monitoring.

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16

• Apart from the investigations conducted by the bodies that are independent from the

administration, judicial review is also ensured as a result of the exercise of the right

to objection against the Offices of Judge of Execution established by the Law No:

4675 and of the right to individual application to the Constitutional Court and to the

European Court of Human Rights.

122. Regarding the Recommendations-7(a), (b), (c) and (d) (“ensure that all detainees

remain under the direct supervision of guards and law enforcement officers of the same

gender at all times including transfers”…. body searches, strip searches and any other

physical examinations medical examinations and consultations”) the Government would

like to recall that transfer and referral of the convicts and detainees are essentially carried

out by the external safety officer, in line with the provisions of the Protocol on the Conduct

of the Management, External Protection, Transfer and Referral of Convicts and Detainees

and Medical Services of the Penal Institutions.

123. In Article 19 of the said Protocol following provisions are set out:

• Except for obligatory cases, the letter for referring the convicts and detainees to

hospital or hearing shall be sent to the gendarmerie two days prior at the latest, and

the convicts and detainees shall be duly transferred on the day or at the hour

required by the gendarmerie protection unit command.

• Except for obligatory cases, transfer of the convicts and detainees to be transferred

to another penal institutions shall be made within a month at the latest, from the time

when the relevant letters are referred to the gendarmerie.

• Except for obligatory cases, the information on referral of the convicts and detainees

to be transferred shall be reported to the institution’s administration, at the latest one

day before the transfer.

• For the referral of female convicts and detainees to a hospital or hearing within the

province, female execution and protection officers shall be assigned in case there is

no enough female gendarmerie officers.”

124. Within this scope, female convicts and detainees are transferred, accompanied by

female gendarmerie or the female personnel of Directorate General of Prisons and

Detention Houses of the MoJ.

125. On the other hand, searches are made in accordance with the third paragraph of the

Article 46 of the Regulation on the Administration of Penal Institutions and the Execution

of Penalties and Security Measures, stipulating that “Body search shall be made by the

security and custody officers of the same gender”.

126. During the medical examination of convicts and detainees, actions are taken in strict

observance of the privacy of the patients, in line with the following provisions of Article 38

(“Ensuring safety and patient privacy during medical examinations”) of the Protocol on

the Conduct of the Management, External Protection, Transfer and Referral of Convicts and

Detainees and Medical Services of the Penal Institutions:

• In the hospitals located in an area where a Directorate for Penal Institution is

present, secured clinics, where breakout is prevented, shall be established.

• Examination of the convicts and detainees shall be made in such secured clinics

preventing breakout. The gendarmerie shall be on guard outside the clinic and take

necessary security measures. Upon the physician’s written request, the gendarmerie

shall be present inside the clinic.

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17

• However, all kinds of illegitimate requests of the convicts and detainees during the

medical examination shall immediately be reported by the medical personnel to the

gendarmerie patrol commander.

• Until the secured clinics for the convicts and detainees are established in hospitals,

the gendarmerie shall be present in the current clinic, taking protective measures

where he/she cannot hear the conversation between the physician and the doctor.

Annex

A/HRC/37/50/Add.2

19

FETULLAH GÜLEN AND FETÖ

1. BRIEF HISTORY OF FETÖ

The foundations of FETÖ were laid by Fetullah Gülen in Izmir in 1966.

In the early 1970s Fetullah Gülen and an inner circle of friends established the core

cadre for the organization.

The organization fed on perceptions of exclusion among Turkish society’s

conservative, pious section. The perception was that the traditionally secular state

had excluded religious people from politics and state institutions. The regime had to

be more Islamic, but in the way Fetullah Gülen understood it.

Solution for success advocated by Gülen was to be patient, to portray the movement

as a benevolent civil society organization and gradually infiltrate key state

institutions.1 In other words, Gülen aspired capturing the State from within rather

than attacking it from outside. To this end, the organization has moved with secrecy

rather than transparency and built a wall of invisibility around itself to give the

impression that it was non-existent. 2

They exploited religious themes and concentrated their activities particularly on

students and other youth groups aged 13-18 years. Fetullah Gülen communicated his

views through sermons and speeches recorded and distributed on audiocassettes and

videotapes. Communal gatherings and particularly summer camps were other

methods used to disseminate Gülen’s views on religion to a larger group of

followers.

By the end of 1970’s, Gülen had already become a leader of a distinct, cultish

religious group.

In the process the movement became double-faced. The visible face was non-

confrontational, charity-oriented, education movement. The darker face was a

secretive, highly hierarchical, anti-democratic, self-styled religious formation around

the persona of Fetullah Gülen, a cult of personality.

In short, the organization gradually turned from a religious movement into a

secretive operational structure aimed to transform society by taking control of the

Turkish state from within. As its strength grew, the organization began to claim a

messianic mission at a global level, depicting Fetullah Gülen as the “Imam of the

Universe”; “the Chosen One”.

1 https://www.youtube.com/watch?v=5gptKWc089A: “You must move in the arteries of the

system without anyone noticing your existence until you reach all the power centers… until

the conditions are ripe … You must wait until such time as you have gotten all the state

power, until you have brought to your side all the power of the constitutional institutions in

Turkey… Until that time, any step taken would be too early - like breaking an egg without

waiting the full 40 days for it to hatch. It would be like killing the chick inside.” 2 “Presence of our friends in vital bodies like Court Houses, Civil Services or in another

important body should not be considered as individual acts. These people are our guarantee

for the future in these bodies. They are the guarantee of our presence.”.

“As of 1967, the number of those educated (by him) has been 13460. The educated people

have already been placed in some institutions. The services should be secret and swift. In

order to realize an Islamic revolution in Turkey, two conditions should be met: the first one is

to gain the support of the 40% of public; and second one is to obtain political and economic

support from the communities within the foreign States (both Muslim and non-Muslim).

When Turkey comes to the point where these two conditions are met, our members in top

positions within the state will take action (15 April 1987, Istanbul, during the 2-month

training camp of 36”regional imams”).

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20

The evolution from a religious cult into a criminal organization can be broadly

examined in three phases:

The first phase lasted until the military coup of September 12, 1980. During this

phase, special dormitory houses (Işık Evleri- “Heavenly light houses”) and

preparatory schools were established to recruit followers. In this phase, the

organization concentrated also on infiltrating state institutions, in particular the

critical ones such as the police.

In the second phase (1980-late 1990s), the organization doubled down on

educational activities. Infiltration to public institutions in high numbers began. In

order to raise revenues, the organization turned itself into a quasi-corporation and

formed a conglomerate (Kaynak Holding), established a bank (Bank Asya) and

commenced activities in areas other than education such as health (Şifa Hospitals),

transportation (Sürat Logistics), and media (Zaman newspaper, Samanyolu TV,

etc). Moreover, this phase was the start of the globalization of the organization.

Following the end of the Cold War, Fetullah Gülen expanded his network in

Caucasia, the Central Asia and the Balkans, and eventually established presence in

around 160 countries across the world.

The third phase, began after the so-called post-modern coup of February 28,

1997, and ended with the infamous coup attempt of FETÖ on 15 July 2016.

Faced with a judicial process incriminating him on attempting to overthrow the

secular constitutional regime, Fetullah Gülen left the country in 1999, and settled in

the USA3. This marked as one of the milestones in the internationalization of the

organization. After departing Turkey for the United States, Gülen adopted a new

rhetoric, presenting himself and his organization as an enlightened, pro-Western

progressive and moderate manifestation of Islam; concentrated on such themes as

“interfaith dialogue”.

In the same period, the process of democratization and efforts for inclusive

governance accelerated in Turkey, with the coming to power of AK Party. The

governing party opened channels for conservative/religious groups to find a stronger

voice in politics.

Yet, Gülenists purposefully chose not to enter into politics and compete legitimately

within democratic rules. Instead, they continued attempts to capture more positions

in the civil service by people with a hidden allegiance to Gülen, not to the legitimate

public authority.

Efforts of the organization taking control of the state apparatus became stronger

since mid-2000s. Members of the organizations who had already taken key positions

in the judiciary and the police resorted to illegal methods to purge the opponents of

the organization, including those in the army. Forged documents, faked evidences,

sham trials, illegal wiretapping, blackmailing etc. were used for this purpose.4 In

short, the organization that started as a religious movement became a Parallel State

Structure posing a grave threat to the democratic, secular, constitutional regime of

Turkey.

The Government’s efforts to eradicate this threat intensified in the last three years

and the controlling power of FETÖ in most of the state institutions was eliminated.

15 July coup attempt was the last and bloodiest resort of the organization to survive

in Turkey.

3 It is noteworthy that the estate he now resides (Golden Generation Worship and Retreat

Center) had been purchased and transformed to become his eventual sanctuary as early as

1991.

4 For reference, find the attached note on the Sledgehammer Trials.

A/HRC/37/50/Add.2

21

2. IDEOLOGY OF THE ORGANIZATION AND THE

LEADERSHIP

FETÖ, like other terrorist organizations, has its own on peculiar

faith/ideological base and a narrative that enable its members endure difficulties,

sacrifice personal relations, and do anything to reach their goals. FETÖ members

carry out all kind of deeds with no regard to any legal and moral codes, by acting in

full obedience with the leader and believing in their righteousness.

The absolute leader and the only dominant person of the organization is

Fetullah GÜLEN. Other executives carry out the work assigned by him and on

behalf of him.

GÜLEN is called by members of the organization as the “Imam of the

Universe”, “Divine Human”, “Great Master”, “One who has the talent of

communication with metaphysic world and afterlife”, “Mahdi”, “Messiah”, “Divine

Person”, Honorable”, and “Master Teacher”.

Attributing divinity to himself GÜLEN considers that he is not bound by any

religious, moral, or judicial rules. He regards himself as an authority that can behave

opposite to what he says, overturn a religious prohibition, put into practice new

bans. He sees himself as an authority capable of changing basic religious codes.

From the onset of his movement Gülen made his followers believe that in

order to survive under a suppressive secular State, they should act with absolute

precation. In Gülenist terminology “Precaution” refers to an array of things to

obscure a member’s affiliation with the organization: hiding the books of the

Organization; going in and out of the Organization’s secret houses not in groups but

one by one; being very careful when meeting somewhere in case of being followed;

and most importantly obeying the instructions of the leaer.

While asking the members of the Organization to be cautious, he was also

taking them under his wings and putting his clamps on them. In other words, he

became more powerful by scaring the members and strengthening their feeling of

belonging with the Organization.

Members of the Organization learns and practices “the precaution” from the

very first moment when they became a part of the Organization. Over the course of

time, precaution evolves and turns into the practice of “hypocrisy”.

Under the absolute dominance of its leader, the ideology of FETÖ is also

formed by opinions and ideas of GÜLEN. In the eyes of Gülen, humanity is simply

divided between the “men of the service” and “others”. He further categorizes

‘others’ into two groups: ‘those who can be attracted to the organization’ and ‘the

enemy front’. Such a distinction provides a reason for legitimacy to the

Organization, since it always seeks an enemy front, defines itself over this enemy

and motivates its members over this enemy.

The strategic aims of the organization are three-fold:

Political: to seize all constitutional institutions of Republic of Turkey

(executive, legislative and judicial powers) to create a new system based on the

dominance of an elite (Gülenist) class and to become an influential political power at

international level,

Economical: to form a parallel taxation system under the name of

“Benevolent contributions” by exploiting religious feelings of the society, to

establish big holdings and companies including education institutions, finance,

media, NGOs and health institutions at home and abroad and to administer economic

power by means of its own cadres who were raised with the culture of absolute

obedience,

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22

Social and Cultural: to create a new model of human being called “men of

the Service” characteristics of which are given in the discourses of GÜLEN; to form

a new society comprised of this new human model, a monotype personality; to

define social and cultural relationships in terms of new human-society, and therefore

to administer social power.

Hence, FETÖ’s general ideology is “ to seize all constitutional institutions of

“Republic of Turkey (executive, legislative and judicial powers) and to administer

economic, social and political power by an elite class having oligarchic (aristocratic)

features by redesigning State, society and individuals within the direction of

ideology of FETÖ after this process is completed”.

3. THE STRUCTURE OF THE ORGANIZATION

FETÖ has a two-tiered organizational model and a strict hierarchy.

The first layer is the legal and visible side. On appearance, GÜLEN leads a

civil movement called “Hizmet “(Service). They run a variety of associations in

media, education, humanitarian work, printing and banking sector, business

associations etc. Under the guise of legitimate social service efforts, the organization

gained access to vast financial resources, human capital, political and social

influence.

Yet, the organization has also a dark underbelly, operating in secrecy in a

very strict hierarchical manner. This layer is run by a caste system created by

GÜLEN.

GÜLEN has an obsession with “seven levels of heaven” and divided his members

into seven categories. It is a strict, hierarchical caste system where promotion to

upper levels is possible, yet advancing above the fourth level is conditional upon the

verdict by the Leader.

First Level; Commons: This level consists of those who provide practical and

financial support, assuming that they are helping a religious charity movement. Most

of them are not included in the Organization’s hierarchic structure. They are

common people who serve the Organization but generally unaware of its illegal

activities. Those in this level are lured to the Organization because they believe in

the good deeds of Islamic charity.

Second Level; Loyals: This is a loyal group working at the schools, private

teaching institutions, dormitories, banks, newspapers and foundations of FETÖ, or

those members working at state institutions. The members in this level regularly

participate in the meetings, pay subscription fees, and know a little bit about the

ideology of the Organization. In order to be included in this level, one should be a

member of the Organization.

Third Level; Ideological Organization Level: The members in this level are

involved in unofficial activities. They are the ones who have adopted the

Organization’s ideology and are devoted to the Organization on the highest degree.

They spread the ideas of the Organization in their circle.

Fourth Level; Inspection and Controlling Level: The members in this level

supervise the whole service (legal and illegal). Those who rank the highest in respect

of devotion and loyalty can advance to this category. They are selected and included

in the Organization from childhood. Those who join the Organization later on

generally cannot be assigned to positions at this level.

Fifth Level; Organizing and Executing Level: This level requires top secrecy.

The members in this level hardly ever know each other. They are the ones assigned

by GÜLEN to organize and execute the structure within the state.

A/HRC/37/50/Add.2

23

Sixth Level; Privileged Level: The members in this level enable the

communication between GÜLEN and lower categories. They are assigned by

GÜLEN and deal with appointments within the Organization and expulsion from the

Organization.

Seventh Level; Leadership Level: This level is composed of 16 top

executives plus GÜLEN who are unconditionally devoted to and assigned by

GÜLEN.

Cell Type Chain Structuring;

One important reason why FETÖ could not be deciphered easily is that the

Organization preferred the cell type horizontal structuring model. The cells are units

mostly composed of maximum 5 people and affiliated with a senior brother/sister.

The cells form a chain where they are firstly affiliated with senior Imams, then

country, continent and executive directors.

Senior Bodies that Manage the Organization

The Supreme Boards under Fetullah GÜLEN manage the units of the

Organization and regulate its activities. These Board are Advisory Board, Mullahs,

Appointment Board and Special Service Units.

a) Advisory Board (Grand Nobles Board):

This is an executive board consisting of the members whom the Leader of the

Organization consults with. They are 16 people who serve as both advisors and

leading directors of the units of the Organization. Members of this board are those

who have been with GÜLEN from the foundation of the Organization, and

GÜLEN’s own relatives. They collect information, report to Gülen about the

collected information guide other members, carry out control and investigation tasks

A considerable number of Grand Nobles live in the United Statas together with

GÜLEN.

b) Mullahs:

Origionally religious scholars by profession, Mullahs act as inspectors of

GÜLEN. GÜLEN trained them personally. Mullahs have dominance upon the

Leadership Level

Privileged Level

Organizers and Executives

Inspectors and Controllers

Ideological Structuring Level

Loyals

Commons

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24

Organization. They are highly respected within the Organization. In case a problem

occurs, GÜLEN appoints these Mullahs whom he totally trusts.

c) Special Service Unit:

GÜLEN, also meets one-to-one with the members called “special service

unit” and appoint them to do his private works/affairs

General structuring of the Organization is ranked in the following chart and

below:

Imam of the Universe,

Continent Imams,

Country Imams,

County Imams,

Province Imams,

Town Imams,

District Imams,

Neighborhood Imams

House Imams (senior brothers/sisters) (In each special houses of FETÖ 4-5

students are invited to stay. The related Senior Brother is responsible for the students

in that house. It is the first step of recruiting new members to the Organization. The

Organization gives scores to students based on their loyalty and dependence to the

Organization. According to the scoring system, those who get 5-4 or 5-5 can become

House Imams. There is also always a senior sister responsible for female students in

a house. )

Hierarchic Parallel State Structuring:

Apart from geographical structuring, as referred to above, there are also

Imams in each state institution responsible for the FETÖ members working there.

This unit, which acts secretly even within the Organization, is not only present in

Turkey, but also abroad, and tries to gain control of state institutions in countries

where the Organization is present.

There is also a “phantom structure” in the Organization. Only GÜLEN

knows and appoints its members. The duty of the phantom structure is to monitor

the high level members in order to prevent regional, provincial, town and district

Imams from betraying the organization.

Secret Service Imams: These units are deemed by the Organization and

Fetullah GÜLEN as the most important. It is the backbone of the Organization and

consists of the Imams of Judiciary, Police, Armed Forces, National Intelligence

Agency Ministry of Education and other critical state institutes such as OSYM

(centralized testing and placement center), TUBİTAK (Scientific Research Center),

GATA(Military Medical Academy)

Through this unit, FETÖ was able to extent its influence to the extent that

they were able to appoint all the members of the Court of Cassation and the High

Council of Judges and Prosecutors in 2010 elections. There are several examples of

court decisions taken by the FETÖ linked judges advancing the interests of FETÖ

by means of their members in the judiciary. By using the secret service units in the

judiciary and police units simultaneously and in coordination, the Organization was

also able to orchestrate large scale sham trials against hundreds of politicians,

bureaucrats, civil servants, journalist and military officers who stood on their way.

Similarly, a civilian “imam” is responsible for the FETÖ structuring within

the Police. Below this imam comes other low ranking “imams” responsible for each

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25

police unit such as counter-terrorism department or intelligence department. FETÖ-

affiliated police officers take orders from these civilian imams, rather than their legal

superiors. This was the reason why these FETÖ-linked police conducted large scale

illegal wiretapping all over Turkey; they acted upon the orders of their FETÖ imams

and paid no respect to their institutional superiors or legal codes.

FETÖ members in the Turkish Armed Forces are also subordinate to a

civilian Imam. As the military is the most important institution for the purposes of

FETÖ, the Imam assigned for this post is also very important. The Organization

started infiltrating to the military after 1980s. They selected poor but clever students,

brainwashed them at the “Houses” and directed them to Military Schools.

The organization also formed special unit imams in

ÖSYM (Student Selection and Placement Center) to ensure mass staffing at

the public institutions,

• TİB (Telecommunications Communication Presidency) to carry out illegal

interception and intelligence gathering, and

• TÜBİTAK (The Scientific and Technological Research Council of Turkey) to

control scientific and technological researches.

Overseas Structuring:

For every continent, the Organization has Imams responsible for the activities

of the organization. Below them are Country Imams. In each country where FETÖ is

active, FETÖ activities are financially supported by members from a specific

Province in Turkey. For example, the cost of FETÖ activities in country A are

generally borne by FETÖ members in the Turkish city of B. In return, the latter are

provided with business opportunities and networks in that country.

A /H

R C

/3 7

/5 0

/A d

d .2

2 6

A/HRC/37/50/Add.2

27

4. WORKING MODALITIES

The working modalities of the organization are based on secrecy, opaqueness and

“precaution”:

 Taking an oath that promises strict obedience and loyalty to the leader

 special encrypted communications, such as ByLock, Tango, Eagle

 using “one-dollar bill”s with special serial numbers in accordance with their rank, in order to show their allegiance with the organization

 Using code names in order not to reveal their identity

 Disseminating coded messages hidden in Gülen’s sermons and interviews

 Hiding affiliation with the Organization at any cost, posing as “secular”, “atheist”, “leftist”, “liberal” according to prevailing circumstances.

 Imposition of counter-intelligence measures

Organization has made the notion of secrecy and concealment a life style which obliged

the members to adopt hypocritical attitudes and behaviors. The statements of Fetullah

Gülen as detailed below reflect his hypocritical mind.

“.. Consider the philosophy of Islam: The one who commits adultery at the war front is

not punished with penalties in Islamic Law. The hand of the one who steal anything at the

war front is not cut. A person who slanders at the war front is not penalized for slander.

They are not allowed to do these kinds of things again but punishments do not take place at

the war front. Why? Life is sweet. What if he changes his side? Heaven forbid, what if he

abandons his religion? What if he sides with the enemy? This is the philosophy of Islam”.

All these measures, including using code names, peculiar communication language,

counter-intelligence, and encrypted communication methods has made FETÖ almost

invisible. Fetullah Gülen seized the advantages of this invisibility both in defense of the

organization and in attacking the “enemy”.

“In Fiqh books, it is said that ‘If anyone is forced to adultery, then they are not

considered as having committed it. Anyone who is in trouble may deny Allah,

verbally’….Strengthening the hand of enemies in a manner that it will be disadvantageous

for such a case is like a sin that cannot be overcome.”

“A well-balanced man of the Service does not immediately say the things he will say.

He knows that if he says everything right now, there may be some people who will not let

him live. The conditions may become heavier against him, therefore he might fall in a

problematic ambient.”

5. RECRUITMENT/INDOCTRINATION

Schools are the main recruitment grounds for FETÖ.

In Turkey the target group are poor families. Abroad, mainly in Central Asia and

Africa, influential families are targeted for these schools established by this organization. It

is estimated that around 1000 educational institutes are owned and managed by FETÖ

worldwide.

In addition, the so-called “Heavenly Light Houses” with 5-6 students each, are

used to recruit and indoctrinate the new generation. Anyone who was not trained in one of

these houses is not accepted as a main member and is not assigned for organizational tasks.

Currently the top administrative staff of the Organization are all composed of those former

students who were trained in the first heavenly light houses built by GÜLEN decades ago.

The Gülenist military officers who actively participated in the coup attempt by on 15

July, and the other members of the Organization who provided support to them were all

trained in these houses.

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Students trained in these houses are brainwashed to give priority to “the Service”

instead of “homeland”, “capturing the political power” instead of “democracy”, They are

thought on “the Grand Nobles ruled by GÜLEN; an oligarchic administration where

sovereignty is exercised by aristocratic class” instead of the “sovereignty of people”.

The expert personnel called “mentors”, who are assigned to provide human

resources for the Organization act in line with a pre-detailed method especially in bigger

cities.

After the first contact is established with the targeted student, “TREAT” is put in

process meaning: family visits, picnics, meals in beautiful and distinguished places, social

and cultural activities, and every kind of financial aid.

GÜLEN emphasizes the importance of “Treat” in recruiting new members:

“The methods of infiltrating the soul of the students must be searched. This is a

humanitarian way of approach. It is like giving presents or solving their problems. Every

legal way to win the heart of the students must be tried and it must be achieved. I mean: the

targeted person should accept our personal friendship. This is an important factor in their

acceptance of thoughts that will be conveyed by us, and this issue must not be neglected”.

A specific monetary fund under the title “Treat and Guidance Expenses” is allocated

for student imams from the central cash deposit safe of the Organization to cover such kind

of expenses.

The first method of recruiting new members to the terrorist organizations is

approaching to a person from a low income family, or a family that does not care about

their offspring; or a broken family. These students are then convinced that they are not

alone, they belong to a group and gradually their brains are washed with the Organization

ideology.

FETÖ benefits from this need of belongingness through heavenly light houses for

recruitment. In this view; FETÖ uses similar methods in obtaining new members with other

terror Organizations.

During the process of “treat”, necessary notes about the target students are taken.

This is the step just before the youngsters who fall in FETÖ trap are invited to the FETÖ

houses. GÜLEN said; “We have to know the belief and cultural level of the students very

well. For example; we should not read even the Quran, if this is going to scare them and

make them run away from us. (…) sometimes this kind of arrangement is not made, the

words uttered for the sake of showing the true path will create a reaction on them and it is

of no use to make an explanation later”.

The most distinct characteristics of these houses are that they are far from being

transparent, secret, uncontrolled and unknown places. Code names are given to the houses

in question, to the “elder brothers” of each house and to the students staying in these houses

in order to ensure confidentiality.

GÜLEN describes the functioning of Enlightenment Houses as follows:

“These houses may also be called as charging houses. Plans and projects are

produced in these houses. The persons who are trained in these houses set sail to conquer

the world. They try to enter the hearts of the people. These houses are the places of loading

and discharging. The residents are loaded here and then they go and discharge themselves

in empty spaces and in empty bosoms. These houses are functioning like a work station, like

a Muslim theological school, and like a school to prosper and equip the template

generations who are instable, corrupt and irregular. At a time, when everywhere is closed

and every door is locked, these houses shoulder a greater mission than the one in the past.

These houses are not the ones that have just a minaret on it and where everybody goes in

when the Azan is recited, as you are accustomed to. The word “uncharted” is chosen as

word to characterize these houses. These houses are unspecific....(....). I mean, you will not

know when these houses will appear."

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The youngsters trapped in the spider’s web- in the words of GÜLEN himself- are

convinced that they are safe the responsible senior brothers guarantee that both their

education and every kind of their needs will be satisfied. Also the youngsters are explained

that their future is guaranteed by being sheltered under the wings of the Movement because

they will be placed and employed either in government institutions or private sectors to

work and make career.

There is a very strong relationship established between the senior brothers and the

youngsters under their responsibility. The senior brothers are trained in line with the tactics

underlined in the book named “İrşad Ekseni (Axis of Guidance)” by GÜLEN and then they

are assigned to establish friendship links. This process is like the training of trainers.

Following the process, the senior brothers are given weekly, monthly, quarterly, semi-

annual and annual ideological schedules and they train the target persons in line with these

schedules. The youngsters who stay in those houses are kept away from their own social

environment systemically.

This ideological training continues for five to ten years, the “militant identity” is

built.

In addition, the males that are trained in these houses are obliged to marry the

females who are also trained with the same ideology so that the Organizational links are

strengthened, since the Organization aims at establishing a permanent base and form a new

society who is inseparable and deeply loyal to each other.

The individual transformation starts with the emotional loyalty, feeling of individualism

is removed from him and then a single type militarist person emerges. GÜLEN himself

refers to them as “Privates of Hizmet Movement", "Conversation Guards" and

"Enlightenment Cavalries". Upon entering the organization, members have to pledge

their obedience to FETÖ:

I wish this swear is to be continuous and forever and swear on the name and witnessing

of Holly Allah that;

- Holly Koran will be my meaning and aim as far as I can afford.

- I will be loyal to my brothers

- I will raise the honor and dignity of my student friends and the people as high as mine.

- I will be glad in case somebody reminds me my faults.

- I will refuse various attacks and criticisms coming from in and out of the community as

they were directed towards my honor.

- I will obey the rules and procedures that are in the Decision Reports

- I will execute all the missions given to me on behalf of the service movement or my

obligations that are delivered to me by decision without any hesitation and objection.

- I will never fall away being loyal to Holly Koran.

- I will annul myself from the position I am filling and then I keep on performing my

duties as an ordinary student if I behave isolated and object to the decisions.

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The students, thus, lose all their personal freedom. They always remain to be

advised. They obey what they are told by brothers upon the belief that senior brothers

always gives the right decision.

GÜLEN emphasizes in all his conversations that the members of the organization

are the “chosen ones”, “first ones” in the eyes of God:

“I beg to Allah the Great and wish that, this "Army of the Sacred", this

"Distinguished Cadre" which prepares a new resurrection again in his world of thought,

embraces and protects the cause, with the same consciousness, and accelerates the down of

the spring promised by Allah. I wish they will not sentence us to crawl in a long tunnel for a

long time. They help us and each other to cross the tunnel quicker.”

In another occasion GÜLEN talks about his dream: “I was in front of the hell, I

opened my arms wide to stop the people who were flooding. I could not stop them and I

stepped aside at last. I swear to Allah that there was no one from our community among

them.”

The students who are brainwashed in these schools and houses are closely followed

throughout their life. All crucial decisions regarding their personal and professional life are

made by FETÖ.

• FETÖ enables these students’ admission to leading universities (in reality through

cheating in the higher education entrance examination system and entrance tests for

the military schools);

• Then, the organization secures a job for them upon graduation, (in reality through

cheating in public personnel entrance test, and special entrance examinations of

leading public institutions, armed forces academy and even that of the Turkish

Foreign Ministry);

• Then, FETÖ ensures their rapid promotion in the state institutions, (in reality

through destroying the carrier opportunities of other public servants who are not

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affiliated with them.) For instance, it is now understood that in the last 6 years

FETÖ-affiliated doctors in the military hospitals in Turkey discharged around 500

military pilots from service, by producing false reports indicating serious health

issues. By so doing, they opened the way for the promotion of Gülenist military

pilots.

• In exchange, the followers would donate 10-20 percent of their future salaries back

to FETO. They also act upon the orders of their leaders without questioning.

6. FINANCIAL STRUCTURE

During late 1960s Fetullah Gülen worked as a Preacher in İzmir, addressing the

community of a small mosque. When he first set off, he was supported by a circle of

people attracted to his dreams of raising a “Golden Generation” and his discourses “to

grand scholarships and education to the students in need”.

Initially, the financial resources necessary for his mission were provided by

contributions in kind such as animal skins, food aid, etc., or by supply of money under the

cover of “contribution to the students in need” in a traditional way such as “fitrah, alms,

donations, grants, benevolent contributions”.

Gradually as FETÖ network and financial wealth expanded, the organization started

investing in education sector. It established private schools and dormitories. It founded

companies dealing with education business and managed the schools through these

companies. After a while, the organization set up a printing house to carry out the

publications of the education sector. It opened book stores to sell the products; set up

companies in relevant fields because the schools needed uniforms and furnishing. The

expansion continued with the foundation of logistics and cargo companies, investment in

the health sector and finally FETÖ became a dominant figure in all areas of business

including in the food, textile, insurance media (Zaman, Samanyolu, etc) and banking (Bank

Asya).

The financial resources of FETÖ are derived from donations gathered from people

by exploiting their religious and charitable feelings. The organization's money and property

is collected as "himmet" generally grants, donations, contributions, offerings and aid for

students, the poor and orphans. Donors are typically unaware of how their funds are used.

Most do not reach their intended beneficiaries and are instead used to pursue the illegal

activities to subvert the state.

The tuition fees collected from the students that attend FETÖ affiliated educational

institutions in Turkey and foreign countries also have been one of the financial sources of

the organization.

In addition, the organization is financed by the fees regularly collected from the

members and affiliated entities.

Money collected by the trustees of Gülen is, then, used as seed capital for the

establishment of Gülenist firms and companies.

The main conglomorate of FETO for this operation was KAYNAK holding .

BANK ASYA was the main financial instrument of the Organization.

Companies owned or sympathetic to FETÖ were also brought under the umbrella of

TUSKON ( Turkey Businessman and Industrialists Confederation).

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The net assets of FETO-owned companies in Turkey was estimated to be at least 10

billion US Dollars, while the global capital of FETÖ is estimated to be in 50-100 billion

Dollars.

This money is managed by the organization behind the doors. These corporations,

far beyond being real actors, and instead of playing like rational actors in the free market,

carry out the instructions of the organization's "elder brothers".

The businesses that are established with seed money from and managed by the

organization also make monetary contributions to the organization.

The names of the real owners of the organization's trade corporations; unions and

foundations do not appear in the legal documents. In fact, after December 17, 2013 the

ownership of these were swiftly taken over by the undisclosed members of FETÖ in order

to decrease the visibility of the organization and move it further underground. Meanwhile,

in order to prevent the appointment of a government trustee, some members of FETÖ have

rapidly converted their possessions and assets into cash by selling their businesses. The

ownership of the companies and personal assets of the members of the organization were

then fraudulently passed to third parties to prevent seizure of the assets by the law

enforcement authorities. The acquisitions of this kind of fraudulent transactions were

transferred to third countries.

The organization also provided state funds to its own members and companies under

the name of promotion, support or premium from many of the public institutions5.

FETÖ-linked state officials abused their authority by suppressing, blackmailing and

threatening businessmen and traders, industrialists and even artists and models for funding

the FETÖ activities. They extorted money from businessmen and big companies in mafia

fashion under the cover of “benevolent contribution, scholarship or sacrifice money”. This

economic wealth acquired by deceiving people behind a religious mask, by begging, or by

using a kind of usurpation was being transferred to the organization institutions.

5 For instance: techno-cities of universities, Social Support Projects (SODES), supports of technology

and Innovation Support Programmes (TEYDEP) and Research Support Programmes (ARDEP), direct

income support in agriculture, stockbreeding supports, donations and supports given to cooperatives

and unions, health support projects were extended to the FETÖ entities without any supervision and

inspection.

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FETÖ punished businessmen who refused to make donations through extraordinary

controls, fake reports, judicial or administrative investigations. For instance, through its

members infiltrated into the judiciary and the police, it demanded donations from the

businessmen who were being investigated and promised to close down the investigation

files in return.

7. CRIMES OF THE FETÖ

Currently Fetullah Gülen himself is the prime suspect in different criminal

indictments.

The recent probes into the activities of the FETO by Public Prosecutor’s Office have

shown that under the banner of service, tolerance and humanitarian organizations, FETO

and Fetullah Gülen have established and managed an illegal organization,

• exposing confidential information belonging to state for political or military

espionage purposes,

• violating the confidentiality of private life,

• unlawful recording of personal information,

• forgery of official documents, fabricating criminal cases,

• destroying evidence,

• money laundering,

• Murder

Sham Trials of Ergenekon, Sledgehammer and Military Espionage

FETÖ used its adherents to launch judicial and administrative investigations based

on forged evidence against certain people to discredit or force them to work with them.

The involvement by the Gülenist judges and police during the Ergenekon, Balyoz

(Sledgehammer) and other high profile cases are the main examples. (For reference, an

information note on the Sledgehammer Trials is attached)

In these cases, military officials, opposition parliamentarians and journalists were

accused of plotting a violent coup to oust the government. It later turned out that these cases

were based on fabricated evidence, and that most such fabrications were produced by the

Gülenists in the police.

The Gülenist media, in particular TARAF and ZAMAN, were instrumental in

shaping the public opinion during these operations.

Cheating at the Public Service Entry Examinations

In 2010, upon the orders from Fetullah Gülen, the exam questions and answer keys

of the Public Personnel Selection Examination (KPSS) were stolen and handed out to the

certain FETO members. The members with high scores were placed strategically in the

critical state bodies. Judicial investigation into this case is continuing.

Money Laundering

Respect Institute is an entity founded by FETÖ in the USA. The Public Prosecutor

in Ankara conducted an investigation into a large scale money transfer from Turkey to

Respect Institute between 2013-2015.

The total amount in question was 2.112.332,00 US Dollars. It was transferred by

147 individuals in small installments.

The investigation revealed that the money in question was collected by FETÖ under

the guise of religious donations; the real source of the fund was not registered at the legal

authorities. Then, FETÖ transferred the money to the account of the Respect Institute in the

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34

United States in small installments by using the names of 147 people who worked in

different FETÖ owned companies. The installments were around 10.000-15.000 Dollars.

In some cases, the “sender” was not even aware that his name was used by the

organization.

The scheme was a typical “smurf transaction”, a method used for money laundering

purposes by criminal organizations.

Upon these findings, a judicial investigation was initiated against those involved in

the transaction. 22 people were detained.

The 15 July Coup Attempt

It is clear that FETÖ was behind the coup attempt in Turkey. It was led by a network

of military officers of varying ranks who are affiliated with the Group. It was also

supported by non-military individuals and groups known to be affiliated to Gülen.

Presence of FETO members in the military had been suspected for a long time.

Ahmet Zeki Üçok, a military prosecutor, carried out a comprehensive investigation

into the Gülenists in the armed forces in 2009. He discovered a large secret network within

the army. He identified many members of this organization by their names. However, he

could not complete his investigation as he was detained on the grounds that he tortured

certain witnesses by “hypnotizing” them and also as part of the Sledgehammer case. He

spent almost five years in prison. Immediately after the botched coup attempt, he publicly

declared that the leaders of the coup matched perfectly the list that he had prepared in 2009.

Referring to the F-16s that bombed the Turkish parliament he recalled the words of now-

retired Col. Selçuk Başyiğit, : “We are now very strong. We have F-16s, F-4s that will take

off with a single order of Fethullah Gülen.” Üçok’s findings were corroborated by many

soldiers who fought against the coup attempt or by those soldiers who were the victims of

the Sledgehammer case.

There are other crucial findings pointing to direct FETÖ involvement in the coup

attempt.

Testimony of Chief of General Staff

On the night of 15 July, as the coup was progressing, Gülenist officers leading the

coup urged General Hulusi Akar, Chief of General Staff, to speak directly to Fethullah

Gülen, hoping to persuade him to join them, according to General Akar.

Testimony of Lt. Col. Levent Türkkan, aide-de-camp of the Chief of General Staff

Lt. Col. Levent Türkkan has been the aide of the Chief of General Staff Gen. Hulusi

Akar and the former Chief of Staff for many years. On the eve of the coup plot, he was

among those plotters who apprehended General Akar forcefully at the General Staff

Headquarters.

After the coup was thwarted, Lt. Col. Türkkan was taken into detention. In his

testimony, he has confessed his affiliation with the Fethullah Gülen group and explained in

detail how the coup attempt was orchestrated.

According to his testimony, he confessed being a member of the Gülen Movement

since young age.

He passed the military school examinations in 1989, with the help of the

organization that provided the test questions to him one night before the examination.

He obeyed the orders of FETO after becoming the aid to the top military

commander, such as wiretapping both the present and former Chiefs of Staff on a regular

basis.

He revealed the names of other Gülen-linked officers, including the Chief of the

Cabinet who actively took part in the coup attempt.

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Presence of Gülen-linked civilians at the Akıncılar Air base in Ankara during the plot

attempt

The prosecutors have submitted their indictment regarding plotters who have played

an active role at the center of the coup attempt, Akincilar air base near Ankara.

In the indictment, it was established that at least four civilians were present at the

Akıncılar military base on the night of 15 July:

• Adil Öksüz, a professor of theology, known to be the “imam” of FETO for the

airforce.

• Kemal Batmaz, CEO of a Gülenist company

• Hakan Çiçek, owner of FETO-affiliated school in Ankara.

• Harun Biniş, former employee at the Information and Communication Technology

Authority, who was, then, accused of wiretapping the phones of senior government

officials

• Nurettin Oruç, “filmproducer”

Adil Öksüz and Fetullah Gülen

Their images were captured by the security cameras at the Akıncılar air base.

Prosecutors also revealed that Adil Öksüz and Kemal Batmaz travelled several to the

US ih 2015 and 2016, latest one being on 11-13 July, just two days before the coup attempt.

Before each US visit, Adil Öksüz travelled to Ankara to hold meetings with the Gülenist

officers in the army. Locations of these secret meetings in Ankara have been established by

the prosecutors.

Former police officials who were dismissed due to their links with Gülen participated

in the plot

There are concrete findings that on the night of 15 July, some police officials who

were previously dismissed from the Turkish national police because of their affiliation with

the Gülen group, actively participated in the coup attempt together with the military

plotters.

During the course of the coup attempt, there was intense communication between

the military plotters and those police officers.

During the coup attempt, several ex-police officers were seen on locations in

proximity to critical locations such as the TRT (Turkish Radio and TV institution) and the

Police Intelligence Headquarters in Ankara. One of them was captured. His telephone

records revealed several WhatsApp correspondences between the FETÖ members,

including orders to support the coup attempt.

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Gülen Aktepe had been the deputy in the intelligence department of the Turkish

Police until he was suspended of his duty in 2014. He was captured while trying to take

over the National Police HQ with the army officers on the night of the failed coup. Aktepe

said he received a message that read: "The coup has taken place. For assistance, everyone

must go near to the places they used to previously work." Aktepe said the FETÖ provided

him with 4,500 TL (around $1400) every month after he was dismissed from his position.

There were similar cases in Istanbul. Mithat Aynacı was a police chief in Istanbul

until 2013, when he was dismissed for his role in the two FETO-linked investigations

against several government officials and politicians. When tanks were heading to Istanbul

police headquarters, Aynacı was found in one of the tanks. A video recording shows

Aynacı, wearing a military officer uniform, entering the tank, and another one shows him

forcefully pulled from the tank