Identifier
Created
Classification
Origin
03ANKARA3266
2003-05-16 14:42:00
CONFIDENTIAL
Embassy Ankara
Cable title:  

GOT RESPONSE TO POLICE RAID OF HUMAN RIGHTS

Tags:  PGOV PREL PHUM TU 
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This record is a partial extract of the original cable. The full text of the original cable is not available.

161442Z May 03
C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 003266 

SIPDIS


DEPARTMENT FOR EUR/SE


E.O. 12958: DECL: 05/16/2008
TAGS: PGOV PREL PHUM TU
SUBJECT: GOT RESPONSE TO POLICE RAID OF HUMAN RIGHTS
ASSOCIATION


REF: ANKARA 2998


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


C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 003266

SIPDIS


DEPARTMENT FOR EUR/SE


E.O. 12958: DECL: 05/16/2008
TAGS: PGOV PREL PHUM TU
SUBJECT: GOT RESPONSE TO POLICE RAID OF HUMAN RIGHTS
ASSOCIATION


REF: ANKARA 2998


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



1. (C) Summary: FM Gul and EU leaders have publicly
criticized the May 6 police raid of the Human Rights
Association's (HRA) Ankara offices. MFA and Justice Ministry
contacts told us they regretted the raid, but said
prosecutors acted within the law. However, one senior
Interior Ministry contact defended the action as a legitimate
investigation of a "suspect organization." End Summary.


--------------
EU, GOT Leaders Criticize Raid
--------------



2. (C) The police raid of the HRA Ankara offices (reftel) has
drawn a sharp reaction from the EU and some GOT leaders.
According to our contacts, FM Gul told EU-member-state
ambassadors May 9 that the raid was "an example of the need
to change Turkey's judicial system." EU Expansion
Commissioner Verheugan, addressing the European Parliament
May 13, said the "harassment" of the HRA was "difficult to
understand," according to our contacts. Justice Minister
Cicek has also publicly criticized the raid.


--------------
Embassy Raises Concerns
--------------



3. (C) We raised USG concerns about the raid in separate
meetings May 9, 13, and 15 with officials at the Justice,
Interior and Foreign ministries. We noted that prosecutors
have opened more than 400 cases against the HRA over the past
two years and have repeatedly failed to prove allegations of
support for terrorism. By repeatedly taking the HRA to court
and failing to win a conviction, prosecutors appear to be
conducting a harassment campaign.


--------------
MFA, Justice: Raid "Unfortunate"
--------------



3. (C) Abdulkadir Kaya, Director General for International
Relations at the Justice Ministry, acknowledged that, in the
past, many cases were opened against the HRA based on weak
evidence. He said this practice is becoming increasingly
less common as Turkey strives for EU membership. He
predicted that the May 6 raid will be the last time
prosecutors use such tactics, unless they turn up solid
evidence linking the HRA to terrorism. Kaan Esener, head of
the MFA Human Rights Department, said he is concerned that
the "unfortunate" raid will cost the GOT some of the
credibility it has gained in EU circles through its
legislative reform process. "On the one hand, we're making
reforms; but on the other hand, we're searching the offices
of human rights organizations. It sends a mixed signal," he
said. Still, Esener said, prosecutors have acted within the
law. Kaya also averred that, unlike in past cases, the
prosecutor in this investigation has gone by the book,
getting a search warrant in advance and personally
supervising the search as required.


--------------
Interior: "Where There's Smoke There's Fire"
--------------



4. (C) Nezih Dogan, Interior Ministry Secretary General, was
unapologetic about the raid. Arguing that, "where there's
smoke, there's fire," Dogan articulated the
Establishmentarian line, asserting that "prosecutors must
have had good reasons" for repeatedly investigating the HRA.
Dogan claimed there is no harassment campaign against the
HRA, arguing that thousands of other NGOs operate in Turkey
without being taken to court. If HRA leaders believe they
are being unfairly targeted, he asked, why don't they open a
counter suit against the State? Dogan asserted that HRA
members "provoke" authorities by voicing support for jailed
PKK leader Abdullah Ocalan. (Kaya at Justice made a similar
claim, though he acknowledged that pro-PKK speech did not
constitute material support for terrorism.)


--------------
Comment
--------------



5. (C) Human rights issues are hotly debated in Turkey.
However, in the Turkish system, protecting the State from the
individual is paramount. Consequently, Western individualism
and human rights concepts are still too little understood, as
reflected in the comments of our contact at the Interior
Ministry -- a principle organ through which the Establishment
maintains Kemalist order and propriety. In this context,
rounding up suspects on less than convincing evidence is seen
not as harassment but, all too often, as a perfectly
legitimate and effective way to discourage and warn activists
and other perceived miscreants. Gul and Cicek's criticism of
the police raid, though laudable, needs to be followed up by
the kind of decisive action that Turkish officials habitually
avoid.
PEARSON