Identifier
Created
Classification
Origin
05ADANA222
2005-11-30 12:26:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Consulate Adana
Cable title:  

CONTINUING DEVELOPMENTS IN SEMDINLI BOMBING CASE: TWO

Tags:  PGOV PREL PHUM TU ADANA 
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UNCLAS SECTION 01 OF 02 ADANA 000222 

SIPDIS

SENSITIVE

NOT FOR INTERNET DISTRIBUTION

E.O. 12958: N/A
TAGS: PGOV PREL PHUM TU ADANA
SUBJECT: CONTINUING DEVELOPMENTS IN SEMDINLI BOMBING CASE: TWO
MEMBERS OF SECURITY FORCES ARRESTED

REF: A) ADANA 207, B) ANKARA 6772, C) ADANA 216

UNCLAS SECTION 01 OF 02 ADANA 000222

SIPDIS

SENSITIVE

NOT FOR INTERNET DISTRIBUTION

E.O. 12958: N/A
TAGS: PGOV PREL PHUM TU ADANA
SUBJECT: CONTINUING DEVELOPMENTS IN SEMDINLI BOMBING CASE: TWO
MEMBERS OF SECURITY FORCES ARRESTED

REF: A) ADANA 207, B) ANKARA 6772, C) ADANA 216


1. (SBU) Summary: Since the November 9 Semdinli bombing (reftels
A and B) and the PM's subsequent visit to the region (reftel C),
the parliamentary Human Rights Committee toured the region to
investigate the case. Hakkari's governor was re-assigned to
another province, a move he attempted to depict as a promotion.
The prosecution will try the case under organized crime statutes
in the Van special felony court, allowing a wider investigation
than under other criminal statutes. Most significantly, a Van
prosecutor arrested two jandarma members implicated in the
bombing. PM Erdogan was criticized for meddling in the judicial
process when he said that local people should not be called as
witnesses in the case since they might be intimidated by the PKK
for doing so. Many in the southeast are still not confident
that justice will be done. End Summary.

Parliamentary Human Rights Commission Makes a Study Tour
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2. (SBU) The parliamentary Human Rights Committee conducted a
November 22 to 26 tour in Hakkari province, including the town
of Semdinli, meeting with the Semdinli Mayor as well as
subgovernors and municipal assembly members. The committee also
met with the prosecutor investigating the incident. AMCON Adana
contacts depict the committee investigation as unsatisfactory,
citing the committee members' supposed failure to meet with
members of the local populace most affected by the incident.
(Note: Radikal newspaper reported on November 29 that public
prosecutors from Semdinli and Van took depositions from 58
persons who were mainly shopkeepers whose shops had been
destroyed during the blast. End Note.) Hakkari DEHAP/DTP Mayor
Metin Tekce was disappointed that the committee did not meet
with him, while center-left Radikal newspaper reporter Nese
Duzel told us that the committee's investigations, headed by AK
Party lawmaker and committee chairman Mehmet Elkatmis, raised
some expectations among people because of his "fair reports"
while heading up past investigations; however, Duzel added, this
investigation focused too much on official testimony while
neglecting information from the local, ethnically-Kurdish,

public. . (Comment: We do not concur with this assessment of
Elkatmis, who also oversaw a poor investigation into the
Susurluk incident several years ago. We have found him to be
narrow-minded, poorly-informed and bigoted in other areas - he
famously accused the U.S. of "genocide" in Iraq. End Comment.)

Hakkari and Tokat Governors Switch Seats
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3. (SBU) On November 25, Hakkari Governor Erdogan Gurbuz was
re-assigned as governor of Tokat Province, while the Tokat
governor was assigned to replace Gurbuz in Hakkari. Gurbuz told
the press that the change was a normal practice of the
government and could even be regarded as a promotion, since
Tokat is a bigger province. Hakkari Mayor (DEHAP) Tekce was
critical of the appointment when we spoke with him, saying that
this will not help bring the Semdinli perpetrators to justice,
especially since the appointment is being depicted as a
promotion. Reporter Duzel claimed to us that the local public
does not find the governor's appointment a positive development,
since many believe he should have been suspended from his
position and an investigation against him should have been
initiated. Duzel added that the governor has caused an erosion
of confidence over the past few months as he has "misinformed"
the public about alleged local civilian involvement in
"terrorist activities."

Case to be Tried Under Organized Crime Statutes
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4. (SBU) On November 24, the press reported that the GOT has
decided to try the Semdinli bombing case in the jurisdiction of
the Van special felony Court, and that the case would probably
be tried under organized crime statutes, allowing for a much
deeper and broader investigation of suspects and witnesses
connected with the case than would be allowed under other
criminal statutes. Mayor Tekce described this as a positive
development, but said that people still lacked confidence that
the government would bring the perpetrators to justice. In line
with Tekce's remarks, Duzel said that the people do not believe
that justice will be done, and that their confidence in the
judiciary continues to weaken. (Comment: Our interlocutors'
viewpoints are broadly held, but reflect regional anti-GOT bias.
End Comment.) Members of the Van Bar Association told us that
holding the trial in the Van court showed that the case was
being taken more seriously by the government than if it had been
tried in a Semdinli court. They added that three government
prosecutors are currently working on the case, and noted that
all files related to the case are inaccessible to the public
during the prosecutor's investigation. Observers also noted
that the more extensive investigatory breadth of the organized
crimes statute still resulted in the locally much criticized
"Yuksekova Gang" verdict in which all defendants, save a PKK
defector, were recently found not guilty.

Two Suspects Arrested
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5. (U) November 29 press reports claimed that upon a request
from the head prosecutor investigating the Semdinli case, the
two state jandarma members implicated in the bombing were
arrested and, according to November 30 press reports, charged
with treason. These suspects were initially detained by police
when the bombing occurred, then released. According to the
press, the prosecutor's initial request for their arrest in Van
was made as a precautionary measure to help calm public outcry
over their release.

PM Inserts Foot in Mouth
--------------


6. (U) The November 29 press further reported that lawyers and
politicians criticized PM Erdogan for meddling in the judicial
process when he said that local people in Semdinli should not be
called as witnesses in the court case since they might be
intimidated by the PKK. Reacting to the PM's remarks,
Diyarbakir Bar Association head Sezgin Tanrikulu called the PM's
words "unfortunate" and said they had increased concerns that
the truth about the Semdinli incident would not be revealed.
Head of the Van Bar Association Ayhan Cubuk told the press that
the PM's words showed his mistrust of the people. CHP deputy
chairman Cevdet Selvi told the press that if the government was
convinced that witnesses are under threat, then it must take
steps to ensure their safety.

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


7. (SBU) Initial moves by the government to project the image
that authorities are unified and sincere in their desire to
bring about a fair and just outcome in this case are, so far,
failing to persuade regional critics and most legal observers
The de facto arrest of the two jandarma implicated in the case,
the use of the organized crime statute and boosting the
investigative team from one to three prosecutors are noteworthy,
but public attention in the southeast is still focusing on
parallels with past cases based on similar allegations which
they consider whitewashes, such as the recently-announced
"Yuksekova Gang" case and Susurluk organized crime case.
REID