The appeal against the detention of Esenyurt Mayor Prof. Dr. Ahmet Özer, who was detained and arrested for allegedly being a member of a terrorist organization and replaced by a trustee, was rejected. The 11th Criminal Court of First Instance rejected the appeal, claiming in its reasoning that the actions in the testimony of the secret witness in the investigation were newly obtained.
In recent years, the practice of secret witness testimony has made a name for itself in many major operations affecting Turkey's political life.
Secret witness is defined as a type of evidence used only in crimes committed within the scope of the activities of a criminal organization.
The identity of these individuals who provide information that contributes to the collapse of the criminal organization, but who therefore also pose a risk to life safety, is not only concealed, but they are also provided with protection. Within the scope of protection, they are provided with a new identity if needed, a new address, protection for their family and themselves, and even the opportunity to change their appearance through plastic surgery.
Similar practices exist in many countries.
Most used in the Ergenekon operation
The Witness Protection Law No. 5726, adopted in Turkey on 27 December 2007, was intended to combat organized crime.
However, it was the Ergenekon operations that began in Turkey in the same year that the practice was recognized. During the operation, many people were detained and arrested on the basis of secret witness testimonies.
Credibility questioned
The contradictions in secret witness testimonies that have come to court have led to questions about the reliability of this practice and even allegations that it is being used for political purposes. After a long period of time, the secret witness practice is once again on the agenda in an important investigation.
Security and crime research expert Mustafa Böğürcü, a former police executive, reminded that there is a Witness Protection Department within the General Directorate of Security. Stating that the secret witness practice was planned to prevent access to material evidence in investigations and to uncover the crime, Böğürcü said: “In this way, the crime and the criminal would be caught and uncovered more quickly. If the confessor or secret witness gave information that was not available to the law enforcement and revealed the unknown in the collapse of the gang or organization, he would become a confessor and would be saved from being punished or with less punishment.”.
Abused by FETÖ-linked officials
Böğürcü said that from the moment the practice started, however, it was abused by FETÖ-linked law enforcement officers who were then trying to staff up in the police and judiciary, and added: “Especially during the Ergenekon process, the community frequently made use of secret witnesses.”.
Böğürcü argued that secret testimony, which was initiated in order to fight crime, especially gangs, has turned into a political weapon, and expressed his belief that this situation has not completely changed yet.