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05ADANA208 2005-11-18 10:58:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Consulate Adana
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1. (SBU) Summary: The Diyarbakir Bar Association is one of the
few credible NGO's in southeastern Turkey and its voice
represents the segment of Kurdish civil society in the region
which is less influenced by the PKK. Its press report,
translated below, is a call to action for the GoT and an
expression that the Semdinli incident should be a watershed
moment in the GoT's effort to hold its security services
accountable in many instances of unexplained and suspicious
incidents in the region. Because of its autonomy from the PKK,
its statements may gain some traction with some GoT circles.
End summary.

2. (U) Begin translation:

Diyarbakir Bar Presidency
Number: 2005/1659




With the bombing and assassination incident in Semdinli, the
state's unlawful planting of cells of agents within the units of
the security forces has once more become apparent. These
establishments within the Security Units have committed many
crimes all over Turkey since the beginning of 1990, primarily in
the region under the (OHAL) State of Emergency Rule. It is known
that there are still hundreds of extrajudicial killings,
disappearances under forced detention, torture cases, bombings,
etc.; incidents that these establishments, which have been in
existence for years, have been involved in and which have not
yet been brought to light. Likewise, article 23 of the
"Suggestions on Measures Needed to Be Taken" section of the
TNA's (Turkish National Assembly) Parliamentary Commission's
Report on Research on Mysterious Political Assassinations,
submitted to the TNA Presidency in 1995, expresses precisely the
view that "as explained in related chapters, it has been
determined by our Commission that village guards, confessors
(PKK defectors) and JITEM (Jandarma Intelligence Center) members
have been involved in many illegal actions; and application
should be made to the Justice Ministry for obtaining permission
to conduct investigations against them; and that the judicial
organs should be assisted through a special commission to be
formed under the umbrella of the esteemed Assembly." In the
"Conclusion and Assessment" section of the Prime Ministry
Inspection Committee's Report submitted to the Prime Ministry,
and which was known as the "Susurluk Report" on public opinion,
the following views have been expressed: "The Susurluk mentality
(of collusion among the state, security forces, politicians and
organized crime) stemmed from preferences in Ankara and
developed in the OHAL (State of Emergency Rule) regions, then
spread to large metropolitan areas, and expanded by including
appropriate events and persons. Finally, a multi-phased and deep
relationship has been established (among these entities),.."
Similar determinations have been made in the "General
Assessment" section of TNA's Susurluk Inspection Commission's
Report on the "Susurluk Case," stating that "there are
structural disorders in the state's secret intelligence
organizations. It is understood that these organizations have
participated in operations and affairs other than their
principal tasks. Therefore it is difficult to ascertain whether
or not they have been involved in outlawed activities and even
obeyed their own regulations." This report had also been
submitted to the TNA's Presidency for action.

On the other hand, the Diyarbakir Bar Association for years has
drawn attention to the actions undertaken by these illegal
organizations and has brought suits against them. Finally, based
on solid evidence, the Diyarbakir Bar Presidency sued on
February 8, 2005, JITEM members, including some high ranking
administrative and military officers at that time; but
unfortunately no concrete progress has been achieved in the
investigations since then.

All of the public is aware of the evidence of the bombing and
killing in the Semdinli township of Hakkari by these same
illegal organizations now. This incident can not be brushed
aside with "The incident is at the court~"statements by some
institutions. The judiciary in Turkey has not been successful in
unveiling the illegal establishments, interrogating their
members or punishing the ones responsible for them up to now.
"The case is being handled by the court" statements are
perceived by the public as meaning that this incident will also
be covered up, it will not be unveiled and the perpetrators
will not be brought to justice. We are aware of tens of similar
incidents handled by the courts in this fashion.

The incident in Semdinli must be a turning point. The principle
of rule-of-law must win this time, and it must be shown that
illegal cells hiding behind their official public authority do
not have the privilege of committing crimes. It is impossible to
protect democracy and internal peace in a place where justice
fails against individuals bestowed with public power and
authority. Up to now, the Government has not done/could not do
what fell on its shoulders during its three years in office.
Taking this incident as an opportunity, the Government must take
action; take the necessary steps to unearth the illegal
establishments within the state; form the necessary mechanisms
that would unearth the crimes these unlawful organizations have
committed in the past; and embark on serious effort to bring the
perpetrators of past crimes to justice.

3. (U) End translation.