Turkey’s top appeals court upholds sentences of 6 retired officers in coup trial

Turkey’s Supreme Court of Appeals has upheld prison sentences for six retired military officers convicted in connection with the 2003 “Sledgehammer” (Balyoz) coup plot, bringing a 15-year legal battle to an end, the Anka news agency reported.

The plot, revealed in 2010 by the now-defunct Taraf newspaper, allegedly involved military leaders planning drastic measures to destabilize the country and overthrow the ruling Justice and Development Party (AKP).

The court’s 3rd Criminal Chamber upheld the convictions of retired generals Çetin Doğan, İhsan Balabanlı, Behzat Balta, Mehmet Kaya Varol, Erdal Akyazan and Emin Küçükkılıç. The sentences ranged from five years, 10 months to six years, eight months on charges of plotting to overthrow the government.

The case of a seventh defendant, Metin Yavuz Yalçın, was dropped following his death.

The appeals court found that the retrial of the generals followed proper legal procedure and that all evidence was obtained lawfully. It also ruled that penalties were applied according to legal standards.

Prosecutors accused the defendants of planning to bomb mosques in İstanbul and stage provocations to justify a coup.

The trial, which began in 2010, faced criticism from human rights groups and defense lawyers, who argued it was politically motivated.

In 2012, 325 people, including three retired generals, were convicted, with life sentences later reduced to 20 years. However, in 2014 Turkey’s Constitutional Court overturned the convictions, citing violations of fair trial rights, including mishandling of evidence.

A retrial in 2015 acquitted 236 defendants, but prosecutors appealed the acquittal of seven officers. In 2016, 229 acquittals were finalized, with the cases of the seven defendants referred to the Supreme Court of Appeals.

On June 14, 2021 the Supreme Court of Appeals’ 16th Criminal Chamber overturned the acquittal of the seven defendants, ruling that statements made during a military seminar amounted to “preparatory acts” for a conspiracy to commit a crime, even though no attempt to overthrow the government occurred.

In March 2023 the İstanbul Anadolu 4th High Criminal Court sentenced six of the defendants to prison. Doğan’s sentence was initially set at eight years for conspiracy but was reduced to six years, eight months based on his conduct during the trial, lack of prior convictions and the potential impact on his future.

The five other defendants received sentences ranging from five years to five years, 10 months. One judge dissented, arguing for acquittals.

This decision concludes one of Turkey’s most contentious legal cases, though the case’s legitimacy remains a point of debate among critics.