Print

Examples of the Court Decisions

by fgulen.com on . Posted in Court Decisions

User Rating:  / 11
PoorBest 
Fethullah Gülen is not an enemy of secularism and Ataturk

Regarding: Fethullah Gülen, secularism and Ataturk

Allegation: Hikmet Cetinkaya, author in Cumhuriyet newspaper, claimed in his column named Politika Gunlugu (Political Diary) that Fethullah Gülen is an enemy of secularism and Ataturk.

Judgment of the Court: Republic of Turkey, Istanbul 3rd Magistrate Court; Date: September 5, 1994

The court decided, according to the contents of the documents investigated, to accept the appeal of Fethullah Gülen for a denial of the article with the "Hedef Adam" (The Target Man) by Hikmet Cetinkaya in the column Politika Gunlugu (Political Diary) on page 5 of Cumhuriyet newspaper dated 6.26.1994 which was disgracing and insulting, and full of untrue information about Fethullah Gülen, and that the denial should be published in exact form.

Fethullah Gülen is not forming an organization within police college

Regarding: Is Fethullah Gülen forming an organization within police colleges?

Allegation: Hikmet Cetinkaya claimed in his article dated June 13, 1994, that Fethullah Gülen is forming an organization within police colleges.

Judgment of the Court: 2nd Magistrate Court; Date: Republic of Turkey, Istanbul August 19, 1994

The court decided, according to the contents of the documents investigated, to accept the appeal for a denial which is appropriate and in compliance with the procedures and the law and that the approved text of denial in the attachment of the decision should be published in exact form in accordance with article 19 of the press law within the legal period after the announcement of the decision in the proper fashion as prescribed in the law.

Is Fethullah Gülen placing students in military schools?

Regarding: The claim that Fethullah Gülen is placing students in military schools.

Allegation: Although it has been publicly denied several times before, Hikmet Cetinkaya again repeated his claim once again in his article dated August 23, 1994, that Fethullah Gülen is placing students in military schools.

Judgment of the Court: Republic of Turkey, Istanbul 2nd Criminal Court of Justice; Date: November 22, 1994.

The court decided to accept the objection in question on the grounds that the defendant repeatedly wrote in several of his articles—despite the court decisions of denial given previously and presented to our court—that the plaintiff who appeals for a denial has connections with some institutions, organizations, and persons, and he attacks the plaintiff with descriptions like "fake Muslim", "robber", none of which are accepted by the accused and none of which are substantiated; to void the decision numbered 1994/288 / dated 1.11.1994 which was given by Istanbul 3rd Minor Court about the refusal of the appeal for a denial in not compliance with the procedure and the law. That the text of the denial, except the two paragraphs within parenthesis, should be published in exact form and in the proper manner as prescribed in article 19 of the press law.

Fethullah Gülen has never been a threat to the Republic of Turkey

Regarding: Fethullah Gülen and the democratic, secular Republic of Turkey.

Allegation: Hikmet Cetinkaya claimed in his article dated December 6, 1994 that Fethullah Gülen preached in all his speeches that Islam is a message of unity and brotherhood, however he never said a word about protecting democratic, secular Republic of Turkey, and that the so-called organization he is leading within the state is a threat to the democratic Republic.

Judgment of the Court: 2nd Magistrate Court; Date: Republic of Turkey, Istanbul February 27, 1995

The court decided, according to the contents of the documents investigated, to accept that the appeal for denial is in compliance with the procedure and the law, and that the approved denial in the attachment of the decision should be published in exact form and as prescribed in article 19 of the press law within the legal period after the pronouncement of the decision.

Despite court decisions claims and allegations continue: Fethullah Gülen and secular, democratic Republic

Regarding: Is Fethullah Gülen and enemy of secular and democratic Republic?

Allegation: Hikmet Cetinkaya repeated his well-known claims over a new denial he had to publish in his article dated October 2, 1994

Judgment of the Court: Republic of Turkey, Istanbul 2nd Magistrate Court; Date: December 5, 1994

The court decided, according to the contents of the documents investigated, to accept that the appeal for denial is in compliance with the procedure and the law, and that the approved denial in the attachment of the decision should be published in exact form and as prescribed in article 19 of the press law within the legal period after the pronouncement of the decision.

Fethullah Gülen has nothing to do with spiritual orders, and he has never promised support for any political party

Regarding: Did Fethullah Gülen promise to support the True Path Party in the elections?

Allegation: Posta newspaper reported in its June 21, 1995 issue under the 'Elections Bribe to the Religious Order' that Ozer Ciller, the husband of Tansu Ciller, who is the leader of the True Path Party, met with Fethullah Gülen for support in the elections, and received a positive response, in return for which one of the public economic enterprises would be sold to members of the community of followers of Fethullah Gülen.

Judgment of the Court: Republic of Turkey, Bakirkoy 3rd Magistrate Court; Date:

September 11,1995

The court decided, after the investigation made upon the documents, that the appeal of the objector has been deemed appropriate, and Fethullah Gülen's denial of the news item entitled "Elections Bribe to the Religious Orders" published on the first page of the Posta newspaper dated June 21, 1995 be published on the same page and under the same headings and in full compliance with article 19 of the press law, and the parties to be informed of the decision.

Fethullah Gülen has never been involved in any organization of pro- or anti-Shari'ah

Regarding: Fethullah Gülen, Akyazili Foundation, and skins of sacrificed animals.

Allegation: Hikmet Cetinkaya put the heading of "Organizations Favoring Sharia" for his article dated May, 29, 1994, among which he mentioned Akyazili Foundation, and he claimed that these organizations collect the most amount of sacrificed animal skins.

Judgment of the Court: Republic of Turkey, Istanbul 2nd Magistrate Court; Date: August, 19, 1994

The court decided, according to the contents of the documents investigated, to accept that the appeal for denial is in compliance with the procedure and the law, and that the approved denial in the attachment of the decision should be published in exact form and as prescribed in article 19 of the press law within the legal period after the pronouncement of the decision.

Fethullah Gülen has never been against democracy

Regarding: Fethullah Gülen and the claim that he is an opponent of democracy.

Allegation: Hikmet Cetinkaya claimed in his article dated June 16,1994 with the heading "Fethullah Hoca Fatih Kolejinde", (Fethullah Khodja is in Fatih College), that the said school persists in not participating in may 19 youth festival ceremonies, the school is in connection with Fethullah Gülen, and that Fethullah Gülen is an opponent of democracy.

Judgment of the Court: Republic of Turkey, Istanbul 2nd Magistrate Court; Date: September 13, 1994

The court decided: Attorney Hasan Gunaydin representing Fethullah Gülen has handed in a petition dated 9.12.1994 objecting to the decision numbered 1994/233 and dated 9.5.1994 given by Istanbul 3rd Magistrate Court about the refusal of a denial for the article entitled "Fethullah Hoca Fatih Kolejinde" in the 6.16.1994 dated issue of the daily newspaper Cumhuriyet in Istanbul. The relevant file was sent for and the appeal was investigated after the written comment of the Republican prosecutor was received. According to the contents of the documents investigated, on the grounds that the appeal of the objector was appropriate since severe claims and allegations on the matters which the plaintiff who demanded a denial has not accepted, were in the said article, and the objection was made in time to void the decision dated 5.9.1994 numbered 1994/233 and given by Istanbul 3rd Magistrate Court, the court decided to accept the objection, and that the exact denial should be published in full compliance with the form and conditions as prescribed in article of 19 the press law.

Fethullahism is a lie willfully fabricated, and Fethullah Gülen has had no interest in any o the spiritual orders or any establishment against the secularist state

Regarding: Fethullah Gülen, Fethullahism, Gülen's alleged interest in spiritual orders and allegations that Mr. Gülen forms organizations against the secularist state.

Allegation: Hikmet Cetinkaya alleged in his article on April 8, 1997 based on the words he attributed to two students whose names he did not mention, aged 19 and 22, that all the students attending the holiday camps of the FEM (Euphrate Education Center) courses are educated with propaganda which accuses all the leading figures of the state and educated as enemies of Ataturk. He went on to say that Fethullah Gülen is in an organization which is against the secularist democratic Republic.

Judgment of the Court: Republic of Turkey, Uskudar 1st Criminal Court of Justice; Date: May 13, 1997

Fethullah Gülen's attorneys applied to the court with their application dated May 8, 1997 and alleged that in the article entitled Tarikat Çemberi (Surrounded by Spiritual Orders) written by Hikmet Cetinkaya and published on April 8, 1997 in the Cumhuriyet newspaper on p.5 there were absolutely false allegations against Fethullah Gülen. They asserted that the author sought to spread unfair allegations in the public by this article. They added that Fethullah Gülen's activities were defined as Fethullahism' in an insulting way and were presented to the public as an establishment against the secularist democratic Republic. They went on to say that the author paid no attention to the notice which was issued by Istanbul 9th Notary Public dated April 16, 1997 and numbered 13418. Therefore, they demanded the attached text be published on the same page, same column, in the same font in accordance with the 5680 press act provisions.

The 19th article of the 5680 press act envisages that a person who is faced with false allegations damaging his/her reputation and honor caused by a publication may send his/her answer or correction to the manager in charge of the publication within two months through his/her attorneys. If the manager in charge of the publication examines the answer or correction within three days after receiving it and decides to publish, then he would be obliged to publish the whole answer or the whole correction without adding any comment or consideration to the answer in the first copy to appear following the end of the legal period of examination. In the case of a manager choosing not to publish a correction/denial within the legal period, he must apply with the relevant documents to the local crime court within twenty days after the legal period begins. The judge, within two days, examines the correction/denial and investigates whether the matter (being denied) is an offence under the law, whether the correction/denial is related to the matter published, whether it meets the legal conditions for such corrections/denials, and whether the application was made within two months after the offending publication, and decides that the denial/correction either be published identically as it is or after some necessary changes.

In the article of Hikmet Cetinkaya entitled "Surrounded by Spiritual Orders" and published in the Cumhuriyet newspaper on April 8, 1997, while relating what he claimed had happened to a 19-year-old student named Eyup Kayar, the author says that the people who take up Fethullah Gülen's ideas consider Ataturk's mother a prostitute, Suleyman Demirel [the President] a stupid man and freemason, and Alparslan Turkes [a late political party leader], a person whose nationality is unclear. Hikmet Cetinkaya also claims that the student added that those people had told him: "If Fethullah Gülen orders us to form a junta and overthrow the government, we have at least 3 or 4 generals ready to do this." Cetinkaya goes on to claim that Eyup Kayar explained to him in detail what was done against the secular democratic Republic in summer camps established by Fethullah Gülen, and that the people following Gülen's views get more fee than the amount to be paid from the students in the schools in the Central Asia. Since all these allegations are made against Fethullah Gülen and could not be substantiated, they constitute insults to Fethullah Gülen and hurt his dignity and reputation. Therefore, the court decided to accept the plaintiff's demand for a denial of the article titled "Surrounded by Spiritual Orders" by Hikmet Cetinkaya to be published in the same column where the mentioned article was published within three days following the date of the final judgment being given.

Fethullah Gülen has no connection with soldiers who were expelled from the army

Regarding: Fethullah Gülen and the soldiers expelled from the military.

Allegation: In the article published in the Cumhuriyet newspaper on May 27, 1997 under the "The Record Expulsion from the Army", it was claimed that Fethullah Gülen has connections with the persons expelled from the army.

Judgment of the Court: Republic of Turkey, Uskudar 2nd Criminal Court of Justice; Date: July 16, 1997

According to the content of the examined documents, in the article entitled "The Record Expulsion from the Army" and published in May, 27, 1997 copy of the Cumhuriyet newspaper, it is stated that most of the officers, commissioned and noncommissioned, expelled from the army were expelled because they belong to the group called "Students of Fethullah Gülen". However, the deliberations of the Supreme Military Council are confidential and therefore to publish them is an illegal act which falls within the ambit of article 19 of the law numbered 5680. Any publications regarding this matter are unfounded speculations.

The court therefore decided that the text prepared by Fethullah Gülen's attorneys which declares the article to be not stating the true facts and which gives the correct versions is to be published in the newspaper omitting the second paragraph which contains some statements in praise of Fethullah Gülen.

Fethullah Gülen neither has nor at any time has had any connection whatsoever with any drug smuggling and black money. Any publication to this effect is no more than false and unsubstantiated allegation

Regarding: Does Fethullah Gülen have any pecuniary relation with Ozer Ciller?

Allegation: The article published on the third page of Yeni Yuzyil newspaper dated December 10, 1996 under the headline "Drugs, Black Money, MIT".

Judgment of the Court: Republic of Turkey, Kucuk Cekmece Magistrate Court; Date: February 5, 1997

As a result of the examination of the petition and the enclosed documents therewith forwarded by the attorney demanding the denial, it is noted that notwithstanding the fact that the petitioner through the public notary sent a reply and correction text to the responsible department of the newspaper after the publication of the article of 11.10.96 concerning the appellant, the respondent has failed to publish it. As the article in question openly mentioned the name of the petitioner and constituted words encroaching his personal rights, under article 19 of the media act the reply and the correction text shall be published in the same page of the same newspaper in the same size letters. This judgment of the court together with the reply and the correction text shall be sent to the head of the relevant department of the Yeni Yuzyil newspaper.

The judiciary so far has in each case held all the Allegations made against Fethulah Gülen by certain persons, particularly by Hikmet Cetinkaya, to be false and offensive

Regarding: Falsehood of all allegations made against Fethul-lah Gülen to date.

Allegation: Hikmet Cetinkaya has in five different articles alleged that Fethullah Gülen has been penetrating into the police organization, bringing up students with hatred of secularism in his colleges, pursuing an ambition to destroy the secular structure of the Republic in order to establish a Shari'a state and placing students in military schools, and that he is one of those wishing to take Turkey into the darkness of the middle ages.

Judgment of the Court: Republic of Turkey, Istanbul 2nd Criminal Court of Justice; Date: December 16, 1995

Regarding the case of 9-1994/499:

The defendant Hikmet Aslan Cetinkaya published an article in Cumhuriyet newspaper of 4.10.1994 with the headline "Fethullah Efendi". Prof. Dr. Sulhi Donmezer in his expert report asked to be prepared by the public prosecutor during the preparation of the case gives his opinion as follows:

The defendant alleges: "A top-secret report prepared in 1991 by the Police Intelligence Department, after stating that an organization called 'Fethullah Khodja and His Students' had succeeded in leaking Shari'a into the Police College and Academy, described how Fethullah Gülen and his followers were trying to destroy the foundation of the secular state; and that Fethullah Gülen was setting up "Nur" (Light) camps in Izmir and having the students trained in Shari'a and because of this he had been indicted on several occasions but after the September 12 coup, the said person started to reap the fruits of his previous work; that he established close relations with ANAP (Motherland Party) and now he is very close to DYP (True Path Party) and that he had nearly 100 schools; and that he has earned his huge fortune through the collection of the furs of the sacrificed animals under the name of a charitable organization; and that as a result of this work 500 billion TL has accrued in the safes of his followers; and that the students placed in the Maltepe Military High School by forging false health reports had in fact previously received Shari'a education in Akyazili Foundation and that all these students were later discharged from the army; and that Fethullah Gülen is behind all the private colleges; and that the head of the Department of Education in Foreign Countries of Ministry of Education is a student of Fethullah Khodja; and that Fethullah Khodja's men are working in an organized manner within the Ministry of Education and that the National Education Trust of the Ministry is supporting this organization through legal ways; and that everybody knows that the economic help given to the black fundamentalist gangs all over the country is coming from all these places; and that the right-wing governments are making all kinds of concessions to these gangs; and that the Turkish Air Force Support Trust in its report states that the group known as Fethullahists uses offensive language about Ataturk; and he concludes that the Khodja must be known well under his democratic mask."

The article asserts the existence of an underground organization made up of Fethullah Gülen's supporters which is aiming to destroy the secular regime of Turkey gradually. The article defines the organization as fundamentalists, and further asserts that they make forged health certificates, and mentioned that Fethullah Gülen has a significant influence not only on members of the organization but also on politicians.

If all of these are claims true, the article should not be considered as an offence, and the writer should be considered as one who fulfilled the duty of his responsibility to save the country and the regime to the extent that the claims are true. How ever, labeling them as fundamentalists, members of underground organizations, alleging that they make forged health certificates/papers as well as plotting to destroy the Republic, on the basis of (unsubstantiated) rumors or gossip is without doubt an insult. When [such] allegations are proved, the writer [thereof] is considered as one who fulfilled a national duty of citizenship as well as informing the public, and according to the penal code of the Turkish Republic he would not be liable.

Regarding the case of 10-1994/488:

The defendant Hikmet Cetinkaya published an article in daily Cumhuriyet of May 13, 1994 titled "Kurban" (Sacrifice). The legal expert/adviser Professor Sulhi Donmezer in his preliminary report for the court made the following points:

It was stated in the defendant's article that the plaintiff is a regular law-breaker and behind the Akyazili Foundation which is planning to establish a state based on Shari'a replacing the secular state. However, these allegations are in the nature of an insult. Alleging that someone is attempting to replace the secular state with one based on Shari'a means to attach the plaintiff with a crime which receives one of the severest penalties before the law. Being behind such an organization is obviously degrading, and the allegation/claim is insulting. However, if Turkey is under the threat of such an organization which aims to return the country to the dark ages, then to uncover this and inform people is one of the basic duties of the media. Thus, if the allegation is true and can be proved, then the writer (defendant) would have used his professional right and this does not constitute an unlawful act.

Regarding the case of 11-1994/502:

The defendant Hikmet Cetinkaya published an article in daily Cumhuriyet of May 13, 1994 entitled "105 Schools". The legal expert/adviser Professor Sulhi Donmezer in his preliminary report for the court made the following points:

The allegations, that Fethullah Gülen is raising innocent children as enemies of the secular Republic, and mobilizes every possible means in order to undermine the secular Republic, are in the nature of an insult as they are alleging crimes. However, if the claims made by the defendant are correct, then to inform the public about this should be considered as a professional right of the media. This right annuls the factor which is against the law. Thus if the allegations are correct, this would not be an insult. However, if they are not correct and just reflects gossip, this should be considered as an 'insult'.

Regarding the case of 12-1994/501:

The defendant Hikmet Cetinkaya wrote an article in daily Cumhuriyet of May 13, 1994 titled "The Kingdom of Fethullah". The legal expert Professor Sulhi Donmezer called by the court in his preliminary report for the court made the following points:

The defendant asserts that the plaintiff belongs to fundamentalist groups and conspires with other persons to return Turkey to the dark years of the medieval age. However, the allegations are of such a character as to offend the person's dignity and honor, and thus might be considered as an 'insult'. However, if the defendant proves the allegations he already made, then this should not be considered as a violation/crime since it would be viewed as a duty and a right of the media to inform the public and scrutinize groups within the society. In fact, to inform the public about the plans or schemes against the existence of society and state is the basic right and duty of the media, and, in this respect, cannot be viewed as a violation of law. But, this must be within boundaries of the right assigned. This, however, requires the condition of accuracy of the news. The truth, on the other hand, can only be obtained with the instruments of proof that the law accepts. Otherwise, unsubstantiated rumors or gossip cannot be considered as proof.

Regarding the case of 13-1994/500:

The defendant Hikmet Aslan Cetinkaya published an article in the Cumhuriyet newspaper of May 1, 1994 entitled "Where are the 25 billions?". In his report, expert Prof. Sulhi Donmezer made the following points:

Such allegations as stated below amount to insults to the person of Fethullah Gülen: "Fethullah Gülen is among the religious fanatic groups which aim at overturning the secular Republic in Turkey. He is among those who have placed students into the Maltepe Military High School through the use of forged medical reports. He is among those who have converted the secondary schools of divinity into institutions of fanatic reactionism. Hence, he is to be kept under surveillance."

It is a crime to attempt to overturn the secular Republic under our law. The forging of medical reports and use of them and the conversion of the secondary schools of divinity into institutions of fanatic reactionism are crimes which are penalized under our criminal law. An allegation of crime constitutes an insult. It is obvious that if the allegations of question are true, then the writer will be free of responsibility if he proves them.

The allegations that the plaintiff Fethullah Gülen placed students in the military school through the use of forged medical reports, that he contrived many things and shows lack of discretion, that he is a dangerous religious fanatic, that he trains young children as enemies of the Republic, that he does not recognize the law, as summarized in the above cases numbered 1994/499, 1994/500, 1994/501, 1994/502, and 1994/503, transgress the boundaries of reasonable criticism, of informing the public, of freedom of press, of fulfilling the duties of journalism. Hence it was held that such allegations amounted to insults to the plaintiff, that they amounted to attacks upon his character. Concluding that these five articles amounted to an insult, it was held that the writer and the responsible manager should be penalized for the articles as summarized above. It is held that it seems necessary to penalize the defendants because of the said articles. It is held that the punishment shall be converted into a heavy fine verdict. Considering the way in which the crime was committed, the motive and the medium, the defendants are hereby sentenced to 3 months imprisonment and to the fine of 2,000,000 TL for each defendant under the Turkish Criminal Code, article no. 482.

Fethullah Gülen has no connection with any cult or spiritual order which happens to be Muslim or non-Muslim, in or out of Turkey, and it is not the case that Fethullah Gülen receives any aid (support) from any country including Saudi Arabia

Regarding: The untrue allegations of Dogu Perincek.

Allegation: It was stated in the March 1990 issue of the periodical "2000'e Dogru" (Towards 2000) in which Dogu Perincek has a leading role, that Fethullah Gülen has connections with the Mormon cult in America and that he depends upon financial support from Saudi Arabia.

Judgment of the Court: Republic of Turkey, Izmir 10th Court of First Instance, Date : December 27, 1990

After listening to the allegations and the defense of the attorneys of both parties, and looking at the evidence, regarding the article in the March 1990 issue of the periodical "2000'e Dogru".

The court decided that the allegations that the plaintiff Fethullah Gülen has connections with the Mormon cult in America, whose Middle East organization act against the interest of Turkey, and that Fethullah Gülen is the founder and the leader of the organization of Fethullahism, and that Fethullah Gülen gets financial support from Saudi Arabia, transgress the boundaries of criticism, of informing the public, of freedom of press, of fulfilling the duties of journalism. Hence it was held that these allegations amount to insults to the plaintiff, that they amount to attack and injury against his character. Coming to the conclusion that since the article amounts to an insult, it was held that the writers should be penalized for character damages in the article. It was decided that it seems necessary to punish the defendants for character damages with the payment of 3,000,000 TL.