SOUTHEAST TURKEY: TUNCELI GOVERNOR OKAYS

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 002074

SIPDIS

DEPT FOR EUR/SE

E.O. 12958: DECL: 04/11/2015
TAGS: PHUM PREL TU
SUBJECT: SOUTHEAST TURKEY: TUNCELI GOVERNOR OKAYS
INVESTIGATION INTO COMMANDER'S ALLEGED THREATS.

REF: ADANA 0029

Classified By: (U) Classified by Polcouns John Kunstadter; reasons 1.4
b and d.


1. (C) Summary: After allegedly being threatened by
Tunceli's Jandarma Commander on February 7 (reftel),Attorney
Huseyin Aygun filed charges with the Public Prosecutor
against the Commander. Tunceli Deputy Governor Ozkan Demir
told poloff in a March 24 meeting that the Tunceli Governor -
as the Commander's superior - had given permission to the
local prosecutor to move forward with an investigation. Such
a decision would have been unthinkable in the past.
According to Aygun, the Tunceli prosecutor did not expect the
Governor to give the go-ahead, is "scared" to press charges
and has applied to the Malatya Regional Administrative Court
for annulment of the Governor's decision. Unlike the
prosecutor, Aygun shows no sign of being intimidated by the
commander, despite the commander,s having filed a
counter-suit against him for slander. Demir told poloff that
approximately 4000 once displaced citizens have returned to
their villages in Tunceli, and 8000 had submitted claims to
the provincial committee charged with implementing last
year's compensation legislation for victims of terror and
terror-related operations. He promised the commission will be
lenient in evaluating claims.End comment.

(C) Tunceli Governor Okays Investigation into Threats
-------------- --------------


2. (C) In recent months, Tunceli's Jandarma Commander has
reportedly come into conflict on several occasions with civil
society in Tunceli, an Alevi stronghold. In the most recent
incident (reftel),former Tunceli Bar Association President
Huseyin Aygun (now a private attorney) accused the Commander
of threatening him and demanding he give up his human rights
work to avoid having incriminating evidence about him sent to
the local prosecutor. In a March 24 meeting with Deputy
Tunceli Governor Ozkan Demir, poloff learned that Aygun,s
complaint against the Commander is now in the prosecutor's
office. Demir explained that before beginning an
investigation, the prosecutor had been required to seek the
approval of the accused's superior, in this case the Tunceli
Governor.(Note: As part of its EU reforms, Turkey rescinded a
similar law requiring superiors, approval to proceed with
torture complaints. End Note.) After reviewing Aygun's
complaint, the Governor of Tunceli gave permission to the
Prosecutor to move forward, Demir said.

(C) Prosecutor Seeks Another Way Out
--------------


3. (C) Aygun was in Europe during poloff's visit to Tunceli,
but confirmed in a telephone conversation that the Governor
had given the go-ahead to the prosecutor to pursue the case.
According to Aygun, the Tunceli Governor reached the
conclusion that "the Jandarma Colonel's threat was not an act
in line with the performance of his duties." The prosecutor
did not expect this decision, Aygun said, and has applied to
the Malatya Regional Administrative Court for annulment of
the Governor's decision. The court is reportedly bound to
render a decision within one month of the request, or in
about two weeks. Aygun believes the prosecutor is "scared"
to press charges against the Colonel. Aygun reports the
Colonel has filed against him for insult and slander; the
first hearing in this case is due to take place at the
Tunceli Criminal Court on May 13.

(C) Tunceli's DEHAP Mayor Walks a Careful Path
-------------- ---


4. (C) Tunceli's DEHAP Mayor Songul Abdil Erol opined that
the mood in Tunceli had become less tense recently, but still
she feels that she must be "very careful." She measures very
carefully every word she utters in the press, she said, as
"they are watching every move." (Note:She did not specify
exactly who "they" were, but later remarks indicated she was
referring to military commanders in town. End note.) As an
example of recent tension, she told us that during the winter
months the military had accused her of cutting the water to
their installation. There is water everywhere in Tunceli, she
said, but due to poor administration over the years the
delivery systems were inadequate. During the period when
water was not reaching the military facilities, though, she
claimed it was not reaching homes in town, either.

Deputy Governor Vows Leniency With Claims
--------------


5. (C) With the Tunceli Governor in Ankara Deputy Governor
Demir met with poloff, referring to prepared talking points
on several occasions. In addition to discussing the Aygun
case, he stated that a total of 4000 citizens had returned to
their villages in Tunceli, and 8000 more had submitted claims
to the provincial committee charged with implementing last
year's compensation legislation for victims of terror and
terror-related operations. When asked about the threshold the
compensation committee would use in evaluating claims and
property ownership documents required by law, but difficult
(and sometimes impossible) to obtain, he claimed that his
committee would be "lenient," as he understood people were
facing problems in piecing together all the necessary
documentation. Demir told poloff that since last June, more
than 10 security officers and 26 terrorists had been killed
in the province


6. (C) Comment: The Deputy Governor appeared relatively
open, and did not exhibit the indignant reaction many
regional officials display when queried about human
rights-related developments -- despite the presence of a
note-taker who appeared to be from the jandarma. The
Governor's decision in the Jandarma Commander,s case would
have been unthinkable five years ago. Unlike the prosecutor,
Aygun shows no sign of having been intimidated by the
commander. The numbers of returns the Deputy Governor cited
are difficult to verify, and we will monitor how "lenient"
the commission will be in evaluating compensation claims. End
comment.
EDELMAN