CASE AGAINST GERMAN FOUNDATIONS DISMISSED

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 001422

SIPDIS


DEPARTMENT FOR EUR/SE AND EUR/AGS


E.O. 12958: DECL: 03/05/2008
TAGS: PGOV PREL PHUM TU
SUBJECT: CASE AGAINST GERMAN FOUNDATIONS DISMISSED


REF: A. ANKARA 855

B. 02 ANKARA 7680


Classified by Acting Political Counselor Nicholas S. Kass
Reason: 1.5(b)(d).



1. (C) Summary: An Ankara court unanimously dismissed
separatism and espionage charges against representatives of
five German pro-democracy foundations. German diplomats
welcomed the decision, but are concerned that the foundations
might still face restrictions and harassment. This case,
based on extremely dubious evidence, illustrates the
influence of Kemalist ultranationalists in the bureaucracy.
End Summary.



2. (U) An Ankara State Security Court ruled unanimously March
4 to dismiss for lack of evidence the case against 15
defendants charged with separatism and espionage (reftels)
for their work on behalf of five German democracy
foundations. The defendants included the leaders of the
Turkey branches of the Friedrich Ebert, Konrad Adenauer,
Heinrich Boll, and Friedrich Naumann foundations, as well as
the Orient Institute. The charges against the foundations
included accusations that the groups plotted to prevent an
Australian mining company from mining gold in a village near
Bergama in Turkey's Aegean Region. A book written on the
subject by the late Necip Hablemitoglu comprised the bulk of
the evidence.



3. (C) Both the MFA and the German Embassy issued statements
welcoming the decision, and declaring that relations between
the two countries have not been harmed. However, two German
diplomats told Poloff March 5 the long-term impact of the
case will depend on how freely the foundations are able to
operate in the future. The foundations to date have not been
able to attain legal status in Turkey. During the trial, the
Interior Ministry prepared as evidence a highly politicized
report on the foundations' finances. This report, the
diplomats said, consists of "outrageous" accusations that the
German Ambassador controls the foundations as part of a
secret campaign to undermine the Turkish state and promote

SIPDIS
separatism. Lawyers for the foundations are planning legal
action against the report.



4. (C) The diplomats said they would have preferred a full
acquittal, but given the flimsy evidence in the case a
dismissal was probably the only viable option open to the
court. In addition, German and other outside pressure
apparently forced the court to expedite the case, which began
December 26 and was completed in record time by Turkish
standards. German Interior Minister Schily raised the issue
during his meetings in Ankara March 3, and German FM Fischer
raised the issue in a January 23 meeting in Istanbul with PM
Gul (reftel A). The diplomats said they did not believe
there would be further legal action in the case; they had no
information about press reports that an attorney representing
defendants in the case not directly connected to the
foundations plans to sue the prosecutor.


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Comment
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5. (C) This case illustrates the pervasive influence of
nationalists who hold key positions in the bureaucracy. A
wide range of Embassy GOT contacts acknowledged that the
indictment in this case -- filed by controversial prosecutor
Nuh Mete Yuksel the day before he was demoted in a sex
scandal -- was baseless and ridiculous. But many prosecutors
are keen to wield their power against foreigners, outsiders,
human rights activists, and other alleged miscreants they
perceive as a threat to the State. The law gives them broad
leeway to levy charges based on anything they deem
"evidence," and judges do not have the authority to dismiss
even the weakest indictments without holding at least one
hearing.



6. (C) It is noteworthy that the late Hablemitoglu's
writings served as the principal evidence, such as it was, in
the case. Hablemitoglu was a notorious Kemalist who accused
the U.S. of supporting Islamic "reactionaries" in order to
threaten the secular Turkish establishment. Murdered under
still mysterious circumstances outside his home last Dec. 18,
Hablemitoglu's funeral was a high-profile Kemalist
testimonial attended by President Sezer, the TGS leadership,
and other. Even the Islam-oriented P.M. Gul felt compelled
to attend, lest his non-appearance be "misread" by
Hablemitoglu's ideological sympathizers in the mainstream
press.
PEARSON