1) Regime, "system, order", and law; these are all the concepts which come on each other within the covering role of the law, also including the social, political and economical components. Based on this view, I need to mention about the situation of "the system of justice" and the related organizations in Turkey today, on the 7th of February 2000, when I could start to answer the accusation about me by the Prosecutor of the National Security Court. I was arrested without any reason that can be justified in terms of law. Moreover, all I have experienced since the 25th of January 2000 and the situation in which I am at the moment clearly show how the system of Justice is made work for some people with the logic that "we put them in jail, let them struggle to get out! "

2)First of all, let me express my thought beforehand, then I will clarify and exemplify it in due time: -"3000 families living in the Republic of Turkey; the law, the economical and political structure, the army, and the police are all arranged according to their benefit. Beside quarrels among themselves, they form a priviliged class above the law. State is meant for law, and when the law does not exist, that which remains gangs, not a state. In this connection, it is obvious what is the nature of the State Security Court, which judges only in accordance with prescriptions ordered them; the attitude of an official during my questioning at the police station is a typical example of this: He said to me: "They are insisting from the top. You have to acknowledge that you are the leader of the IBDA-C organization!" The prosecutor used this questioning as his accusation.

Is it not very clear why I protested the court and did not appear before it as a natural human reflex, after I had faced with torture and arbitrary questioning method which is carried out according to policemen's wishes and benefits, and with the attitude of the Prosecutor who adopted the report of the policemen as his accusation.

3) Here I would like to mention the situation of the media as directly related to the subject. The media in Turkey are either the priviliged class itself as mentioned above or an extension of it, and shape all the components of the present order as the public PSYCHOLOGY as they like. A typical example is the contradictions which have been sent to many newspapers several times since 1991, and most of them not printed. Here is one of them, the one sent to the newspaper called "Aksam (Evening)" by my lawyer, Harun Yuksel....

-"There is a heavy breaking of personall rights of my client in the articles "They were to shed blood on New Year" Jan. 1, 1999 page 7, and "IBDA-C Leader in Prison" Jan. 5, 1999, page 9 in your newspaper. Also THEY CONSIST THE POSSIBILITY OF AFFECTING A CASE WHICH STILL IN COURT. Below is the text contradicting your news article. I warn you to print this text in your first issue according to the Press Law, Article 19.

Text of contradiction: SALIH MIRZABEYOGLU IS A THINKER, NOT THE LEADER OF AN ORGANIZATION.

As it is possible to understand easily from the 41 books he has written so far, my client Salih Izzet Erdis (Salih Mirzabeyoglu) is one of the most productive thinkers in the history of the Republic of Turkey, but not "the leader of an illegal organization". Your newspaper wrote as if my client is "the leader of the illegal IBDA-C organization." My client denied this accusation definitely and cleary at the Police center, in front of the prosecutor and the judge of the State Security Court. Also, no evidence could be found in this subject againist him.

The headlines and the news texts I mentioned above have the capacity of giving the image that "He is the leader of the illegal IBDA-C organization." This is an assault on my client's personal rights, and also this situation has the possibility of affecting a case wich is still on trial. Because of these reasons, your news texts and headlines need to be corrected.

4) On January 1998, the police arrested me based on "the order of the Interior Ministery saying that IBDA-C is an illegal organization" -I will show you a lot of nonsense in this operation- in spite of the fact that I have never had any illegal association with any organization. They got me in front of my daughter's school where I was used to go and wait for her everyday, and I was waiting with my wife and my other daughter the day I was captured, too . But, just to add more to the image of "the leader of an organization", they mislead the justice and wrote in their report "he was caught in a raid on his house." Therefore I refused to come to the court in order to protest all the nonsense, in which the media also played a psychologically leading role. A critical situation in terms of law: Now, I want to talk about the operation carried on in the Metris Prison on the 25th of January. It was said to be done in order to take me to the court the next day. It started quiet early in the morning (at 4.00 am) without warning anybody about the court. The Gendarmerie began shooting directly on us and it ended up with one inmate dead, 5 inmates wounded. Is this operation lawful? What is its connection with my case, and is it legal in this term? This operation took place just in the morning of the 25th of January, the time when the Prison Prosecutor said he could come to learn whether I would go to the court hearing the next day or not. In fact, it is meaningless to say tlat" the prison prosecutor would come to learn if I would go to the court or not", because nobody has the rigt of making a guess just before the time of my going to the court on the 26th of january. Indeed, they went one step further; seeing the future beforehand, they definetely decided that I would not go to the court, and then the operation was carried out.

Now, please listen to this in order to appreciate the conditions under which I had to write my answer to the accusation of the prosecutor of the state security court: The Colonel who was carrying on the operation said about taking out the wounded inmates and to be surrendered that "Nobody will be treated badly. This is the promise of the State!" If it is the promise of the state, then it is bad! We said, "We are the men of our words, word is honour for us. We want to trust your words!" It was accepted, and they took my friends one by one out. I was the last to go out. Just then, everything suddenly changed; The Colonel, who had promised he would have gone out with me, said to the soldiers, "That is over, Now!" And a group of men whose faces were covered with fighting masks took me out by the arm. The soldiers with masks formed a corridor and I had to walk through this corridor. The soldiers were said to beat and kick me. But it is interesting! Only a few of them did what they were told to do. One of the men said to me (This is important!): "Your father was a soldier, too; but you always agrieve soldiers! What is the reason of this enmitiy?" Actually what he said was the news from The Media saying "IBDA-C keeps attacking soldiers." This media gives everything as they want, everything from the information reports to the law mechanism and public opinion, and the opposing voices stay always low. I said, "I have protested the system of justice but they have sent soldiers on me." They took me to a room viewing the garden where they lined up my friends. When I saw them, I tried to inform them by gesture that they would beat me, although I knew it would no help. Then the Colonel came out and said: "stop gesturing , let's talk a bit." He made me sit on a chair, handcuffed me behind, took me out and gave me to the group wearing masks I mentioned above. They started boxing and kicking me, and then I fell down. After countless blowing and kicking, I fainted.

When I repaired my conscious again, I ralized that they put me on a table in the room and were trying to bring me round. They sutured the cut on my left eyebrow. What I will tell now is enough to describe the violence they did to me: After I stood up, something like a dream happened to me. I talked to a friend of mine whom I had not seen for almost 10 years. And then as if I was recovering from a dream, I saw my friends in a row in the corridor of the soldiers. When I asked my friends later on the way to the prison about what I saw, they said nobody saw me while they were beating me because they were all in the garden. Although it has bean a month since this, those blows still cause me to lose my consciousness a few times a day and I still can not understand how I survived after those blows.

As all my body numb and insennible, I was brougt to the Kartal Prison. I could not stand on my left foot. While I was in such a condition, two junior officers and some soldiers took me into a room to beat again. They tried to close my mouth to prevent me shouting. Meanwhile the pad on the stich on my eyebrow also came out. Then they took me to the doctor. The doctor seemed quite timid and restless because he had been "warned". He just asked me; "Did you have any blow on your back?", and filled in the form. I knew he was in a hurry. I asked," Is not there anything on my face and head?" He said "no", as if I asked him about something of which I was not aware. (Whereas all my face, my head and my hands were bruised and swollen and my eyebrow was sutured.) Then, while I was going to the "observation" room of the prison with guardians by my arm, one of them kicked me behind on the right of my hack.

I must say clearly that I AM WRITING ALL OF THESE NOT TO BEG FOR MERCY BY DESCRIBING EVERYTHING DRAMATICALLY, BUT TO SHOW THE SITUATION OF THE SYSTEM OF JUSTICE WHICH FORMS AN INTENGRITY FROM THE POLICE FORCE TO THE PRISON: After this operation which ended up with 1 dead and 5 wounded, Justice Minister said "The honour of the state was regained!" If they themselves had been obedient to the rules they had made, and checked strictly whether these rules had been applied, HE would have showed that the real honour of the State in its name was JUSTICE.

Finally, on the 26th of January, I was in front of you with my left leg swollen and my head and face full of wounds and bruises -by the way, I am not mentioning how I was treated with contempt.- Because of the warning that had come from "the top", I had the hint of what would have happened if I had not acted according to their wishes. They also took my waist off in your presence so that I could look sluggish while reporters were taking my photo. They said it made me look imposing. On the way back, I mentioned the major in the van, who seemed reasonable to me, what I told you above briefly, and asked "are these treatments lawful?" He replied that "they are not in accordance with law but psychology."

5) It is known that since all the human behaviours are based on psychology, psychology-based problem solving method contrasts with the idea of penalty. This contradictory situation has a long history in terms of the Science of Criminal Law… I remember that, in a conference, an Assistant Professor of the Police Academy said "a policeman can not be considered seperately from the society in which he lives. He is also a part of the society" about why the policemen apply to people extreme and unnecesarry violence in some demonstrations and also torture some under custody. Whereas, with the same reason ones who are accused of being "guilty" can "not be considered seperately from the society in which they live. They also constitute some part of the society". In fact, the problem is that while some are in front of the Law, the others are at the back side of it. And this is determined by the created governing PSYCHOLOGY. The words of an ex-deputy clarifies the situation very well: "In this country, two groupings were produced: One consists of those frightened by the police, and the other consists of those who frighten the police."

6) One of the general principles of the Law says that "people are innocent until they are condemned." But the media which work for the capitalists acted more than as a prosecutor or judge, flattered each other, and tried to humiliate me in front of the public for the treatment I was given. The despicable language they used can never be approved in the State of Law, and in terms of good manners, even if I had been condemned as guilty. While even the treatment to a prisoner of war is regulated as an international current law, and this regulation is supposed to be realized as the living reality, what did the media do about my being beaten , my leg being bruised, my hair and long beard being shaved off and my being completely worn out? Their headlines wrote: "He cut off his face while shaving, He turned to a plucked chicken." These are the kind of men who lived all their lives as chickens and saw the inferiority of their spirit in the mirror of my spirit, and described their situation in this way. One need not to be a soothsayer to guess that they will only giggle instead of shaking and collecting themselves after they read these words. But what about the Justice Minister, joining this chorus and saying "the honour of the state was regained"? And what about also the psychological atmosphere which was created by ignoring the law?

7) I spent nine days in the "observation" room of the prison, under the disgusting smell of the toilet, as completely worn-out and from time to time fainted. They prevented even my attorney lawyer, Hasan Olcer, from visiting me. He could see me for ten minutes only after talking to the prosecutor of the prison. I told him to bring me the Prosecutor's Accusation which had been lost in Metris during the raid. At last I could receive the accusation on the 6th of February in an only 15 minute visit by my lawyer. In accordance with the order of the Justice Minister who wants to experiment the effect of F-type Prisons on me and my friends Ali Osman Zor and Saadettin Ustaosmanoglu for the final decision, I have been trying to prepare my defense in a a room completely isolated as being devoid of receiving any information by radio or TV and not having seen any relatives of mine including my wife and children so far, on the 6th of February when I have been writing down these words. These conditions only enhance my hatred. I think those at the top are extremely proud of themselves for the regularly working of the Justice system which is a whole with its all sub-organizations by ignoring not only the Law, but also the simplest human respect… Here, a tiny reminder: During the Yassiada Trials, an over-thrown deputy complained the guardian about the cell in which he was put; "How can a human being live here?", and the guardian said, "well sir, these cells were built with your votes in the Parliament!" A lesson to be taken!

8) As to the Prosecutor's accusation… Here I refer to a part of an article I wrote in the February issue of the periodical Furkan. This article also enables me to mention about the media which have committed the crime of "inciting somone to commit a crime", but always stay "above the Law":

Who am I ? What is my role and mission? How much of the appearance did I come out with the Divine instruction? All these questions are of a different subject to talk about. But here is the accusation of the Prosecutor of the State Security Court, which fails in grammer and expression. He says:

«The real aim of the armed terrorist organization IBDA-C is to change the present Constitutional order by force, and establish an Islamic state instead.

Although Salih Izzet Erdis, the leader of the illegal organization of IBDA-C, with the code name as Commander, who will be chosen as the commander of the Great Orient Islamic State to be established, could not be proved to involve directly in the actions the members of the organization performed, he directs the members through the books he himself has written, in which how to establish the Great Orient Islamic State has been given place. By making the IBDA-C symphatizers read the books, it is required them to gain a political and ideological consciousness. It is against the nature of the thing not only to think an organization without a leader, but also not to keep the leader of an organization responsible for the actions the members did.

When the loyalty of the IBDA-C members to Salih Izzet Erdis with the code name Commander, the integrity of the organization called IBDA-C all over the country, the considerable number of the acts performed by them, the seriousness of the acts performed, the fear and anxiety they have caused in the society, the number of the bombs used in the acts and caused many people to die and wounded, and the amount of the damage they caused are taken into consideration, it is evident that the accused Salih Izzet Erdis commited the crime of trying to change the present Constitutional system by force.»

Compared to the dignity of the ideology I represent, this accusation of the Prosecutor of the State, with its superficial description just like "a bird without wings" and with its unproductive reasoning, is nothing but a kind of fanaticism, and is also a crime in terms of the honour of Law. I declare to the public that I will write everything from my being captured and the questioning at the police station to the nature of the Prosecutor's accusation, as a comic legend in the form of a book.

9) The legend of "the unlawful treatment of those who are supposed to apply and follow the Law", which I wrote as a book, was lost in the Metris event, which is another case. The problem is: Although I mentioned this, when I was brought to the court with my head and face full of wounds and bruises, my clothes covered in mud and totally worn out, some of the despicable media applaused my situation inhumanly, which can not be seen anywhere in the world -of course, I mean the state loyal to law exists-. This media did not only praise an act which is a crime, but also gave my word "I was going to come to the court" as "he turned to a lamb at the court" with contempt and provokingly… The media is leading the events according to their bosses' wishes, because they are puppets of their bosses. Here I want to refer to Mr. Sami Selcuk, the Head of the Supreme Court of Appeal, to his speech at the opening of the New Judicial Year. He says:

"They forced the only reality, which their minds could produce, to the society. They cut off the legs of people if they are longer than their beds, they tried to lenghten the legs of people if they are shorter. Sometimes they put people into pieces, then they joined these pieces in new forms, and tried to create their own people. As all the TOTALITER regimes do, they cut down the whole tree in order to pick only one fruit. The free individual ceased to exist. Only one master survived; it was the State. The rest were the slaves whom all the masters need. The state with no individual has come up as a treacherous creature which biters with the teeth it has stolen.

Mr. Selcuk's observation is very similar to my observation I mentioned at the very beginning as "the covering role of the law", only differing in the SOLUTION; I will refer to his speech when necesarry… My solution is clear: The system of the Great Orient-IBDA… This observation shows the kind of institutionalism according to the benefits of the class whom I mentioned as "only 3.000 families who owe their existence to the deviations in the society and benefit from these deviations; this is the situation of the institution of the State. In these terms, as can be seen in my case, the media which has ramifications within the State, gets its so-called "great" power from those who hire themselves for their benefits, not from their employees. This is the power of those who get the quadrillions and trillions quite easily in a human geography where 20 million people suffer in hunger and the rest have been made slaves, servants and guardians, and some of it -for example, the politicians and members of different professions- have been made partners in sharing the benefit.

(The rest of the defense will be provided later)

 Mirzabeyoglu's Defence 2