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Court; He found the February 28 Filmings Lawful. He did not comply with the Supreme Court's Decision.


Cüneyt ALPHAN GÜNEŞ DOĞARKEN
 
 
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Tarih: 26-07-2021 23:58

As the first intervening journalist of the 28 February Case, my victimization was first approved by the Ankara 5th High Criminal Court, where the 28 February Case was heard, and a reasoned decision was made. After examining the file on the 103 defendants, the 21st Penal Chamber of the Ankara Regional Court of Justice found the decision of the 5th High Criminal Court, the local court, to be lawful and upheld the decision.

The case was moved to the 16th High Criminal Chamber of the Supreme Court of Appeals. The 16th Penal Chamber of the Supreme Court of Appeals approved the decision of İstinaf and sentenced 14 defendants to life imprisonment in the 28 February Trial. 16th Penal Chamber of the Supreme Court; By confirming my complaint (victimization), my victimization was finalized by the Supreme Court. After the Ankara 5th High Criminal Court and the 21st Criminal Division of the Regional Court of Justice approved my grievance, I filed a lawsuit for material and moral compensation and for the return of all my personal rights at the Ankara 11th Administrative Court.

The 11th Administrative Court of Ankara, ignoring the decision of the 5th High Criminal Court, the decision of Appeal and the decision of the 16th Penal Chamber of the Court of Cassation, dismissed the case on 14 July 2021, considering the filings made during the 28 February period to be lawful. After the holiday, I will appeal this decision through my lawyer and go to the way of appeal. My Filing Process:

In 1996, Prime Minister Erbakan made an opening about the Kurdish issue; I made a live broadcast program called "Southeast Problem" on Diyarbakır Can TV, where I worked as a program host, on the statement "Those on the mountain are our brothers too, we must get them off the mountain". While IHD, BARO, HADEP and DBP provincial presidents were participating in my live broadcast program, by phone Writer İsmail Nacar, writer Hüseyin Aykol, CHP Erzincan Deputy Mustafa Kul, writer Etyen Mahcupyan, writer Ahmet Hakan, Diyarbakır Deputies Sebgetullah Seydaoğlu, businessman İshak Alaton and now There were many people whose names I can't remember. While the live broadcast was going on, the police raided our studio. I, my guests, and all the staff working on television were detained.

While the personnel were released after giving their statements at the Police Station, I and my guests were taken to the DGM after being detained for four days and were acquitted.

Due to this lawsuit, I learned by chance that in 2005, when my brother applied for a job for the disabled staff to the Ministry of Health, I was filed in a report in the envelope containing the letter about the rejection of the employment request sent to him. I also think that this filing document was sent to us by mistake. I took the SSK exam in 1996, won and was not appointed. While I was an honorary press

advisor to a deputy in the Grand National Assembly of Turkey in 2000, I applied to the Grand National Assembly of Turkey Press Office for a permanent staff member, my application was accepted, but I was not appointed again. I took the Health and Monopoly exams, won and was not appointed again. I attended the last interview opened by TRT World, I was in the top 15 among 2500 people, my security investigation was also done, but I was not appointed again. Thereupon, I filed a lawsuit against TRT World and my case is still pending at the Ankara Regional Courthouse 1st Administrative Court. In the filing document, it is stated that not only me, but also my brothers because of me, "it is inconvenient to be recruited politically and ideologically". In the tagging report kept by Silvan Malabadi Police Station Commander Nedim Yerli; "In the research conducted about Mehmet Seyitoğlu, son of Hüseyin, born in 1964, who applied to the 7th Corps Command for the recruitment of disabled officers, who was originally registered in Diyarbakır province, Silvan district, Dutveren village, and still resides in the Güzderesi village Yenidogan hamlet, 2 years before the person's own statement. Cüneyt Alphan, whose surname from "Alphan" to "Seyitoğlu" and whose brother Hüseyin was born in 1970, was born, was caught on 02.10.1996 for the crime of terrorist organization in orange color with a stamp, as well as other slips on the crime of customs smuggling with a stamp dated 25.07. His brother Ahmet Alphan'This work has been prepared and signed by us, stating that there may be political and ideological inconveniences in the appointment of the aforementioned person as a civil servant. is called ". The 11th Administrative Court of Ankara stated this labeling in the Additional Article 7 of the Police Duties and Powers Law No. 2559: "The police are responsible for taking preventive and protective measures regarding the indivisible integrity of the State with its territory and nation, the constitutional order and general security, and to ensure safety and security in the country. "It carries out intelligence activities at the level and in the virtual environment. For this purpose, it collects information, evaluates it, delivers it to the competent authorities or to the area of use. It cooperates with other intelligence agencies of the state." On the basis of the article, it rejected my claim for compensation and personal rights, considering the filings made in the period of 28 February to be lawful. However, the decisions of the Constitutional Court, the decisions of the Council of State and the Regional Administrative Courts, found the filings to be unconstitutional and unlawful, and found the applicants to be justified and awarded compensation.

In addition, in the decision of the 16th Criminal Chamber of the Supreme Court of Appeals regarding the 28 February Case, it makes the following determination regarding the tagging and punishes the 28 February suspects who made the tagging. “Contrary to the constitution and laws, some public institutions were used as a tagging center, the non-existent intelligence information of the state's intelligence collection agency was collected by the instructions of the "Western Working Group", and this information was mobilized to carry out propaganda in order to wear down the government. In violation of the Constitution and laws of the Republic of Turkey, intelligence was gathered illegally about members of the government and all their known sympathizers, many civil

servants who were labeled as "reactionaryists" were harassed, dismissed without justification, and reactionary briefings were given to imams, journalists, members of the judiciary and university rectors. A large number of public officials and citizens were registered by the Prime Ministry Implementation Monitoring and Coordination Board (BUTKK), and various bureaucratic attempts were made to reorganize religious life. It has been seen that such a form of tagging was made against Jews in Nazi Germany for the last time in the history of world humanity. The tagging of the Nazis against the Jews is revealed with all its nakedness in the novel “Bülbül”. There is no difference between the tagging of Kurds and the tagging of Jews during the 28 February period in Turkey. Most of the time I also feel like an outcast Jew in Nazi Germany. Because this plagiarism took my whole life away from me. My heart has been shattered. My son grew up without me. It has caused me to eat my morsels with tears for years, never regaining what I have lost and irreparable pain. Since there is no primary school in our village, I went to madrasah first. I grew up 4 years to enroll in school, I got my primary school diploma from abroad. Our village was burned down by the soldiers in 1991, when I was in high school. My house was also burned. I won the Dicle Faculty of Law in 1992, but I couldn't study due to financial difficulties as I was responsible for taking care of my late mother and brother. I became an English teacher at METU in 2009, but I couldn't study again due to the sudden death of my late mother and financial difficulties. My age on ID is 51. After this time, which public institution and organization will take me? This decision of the court does not comply with human law, universal justice, the constitution, or the decisions of the ECHR. This decision is far from democracy, justice and the equality principle of the constitution. I have full confidence that this decision will come back from the Court of Appeal. Finally, President Erdogan; In the speech he gave in Diyarbakir before the 2018 June elections, he said:

“None of our Kurdish citizens are victimized because of their Kurdishness anymore, if anyone is victimized, please contact me”. I applied to him for TRT World, which I won in 2014 and was not appointed, but I could not get any results.

While working at TRT Kürdi, TRT Kürdi Coordinator and Mustafa Ekici, whose theft was registered by entering the inspector's reports, dismissed my job one day after the 2015 November elections, just because he was jealous of me. I have written fourteen books, over a thousand articles and thousands of news-programs so far, no one can prove a single sentence of my divisive-subversive. Throughout my life, I have been against war, human rights violations, and have struggled to ensure social peace through social justice. I tried to be a bridge between East and West and to establish brotherhood.

Best regards…

 

E-mail: [email protected] [email protected] My defense at the 28 February Trial hearing. http://m.halamer.com/yazar-gazeteci-cuneyt-alphan-in-28-subat-davasindaki-konusma-metni/21862/ My previous statement about TRT World. http://www.halamer.com/magdur-gazeteci-cuneyt-alphan-dan-kamuoyu-aciklamasi/21779/

Court; He found the February 28 filings to be in accordance with the law. He did not comply with the decision of the Court of Cassation. http://www.halamer.com/yazarlar/cuneyt-alphan/mahkeme-28-subat-fislemelerini-hukuka-uygun-buldu-yargitay-in-kararina-uymadi/366/



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