Identifier
Created
Classification
Origin
07ANKARA1591
2007-06-21 14:32:00
CONFIDENTIAL
Embassy Ankara
Cable title:
NATIONALIST GROUP REQUESTS PROSECUTION OF KRG
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C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 001591
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/20/2017
TAGS: PGOV PHUM PTER PREL TU IZ
SUBJECT: NATIONALIST GROUP REQUESTS PROSECUTION OF KRG
PRESIDENT BARZANI
Classified By: PolCouns Janice G. Weiner for reasons 1.4 (b) and (d).
This is a joint Consulate Adana/Embassy Ankara cable.
C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 001591
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/20/2017
TAGS: PGOV PHUM PTER PREL TU IZ
SUBJECT: NATIONALIST GROUP REQUESTS PROSECUTION OF KRG
PRESIDENT BARZANI
Classified By: PolCouns Janice G. Weiner for reasons 1.4 (b) and (d).
This is a joint Consulate Adana/Embassy Ankara cable.
1. (C) Summary: A nationalist group in Diyarbakir has filed a
petition with the provincial prosecutor's office requesting
that charges be brought against KRG President Barzani and
members of his family. The petition accuses the Barzanis of
providing support and safe-haven for PKK terrorists in Iraq.
While a Turkish MFA official agreed that the case is weak and
clearly politically motivated, the prosecutor is obliged to
investigate. An actual case cannot be opened until the
investigation is complete. It may also raise uncomfortable
questions for the GOT on the issue of the KRG's legal status
under Turkish law. End summary.
2. (SBU) The President of the Diyarbakir branch of the
Ataturkist Thought Association (Turkish acronym ADD),a
nationalist organization that frequently initiates legal
actions against writers and intellectuals, has filed a
petition of complaint with the Chief Public Prosecutor of
Diyarbakir against KRG President Masoud Barzani and members
of his family. The complaint accuses Barzani of assisting
and harboring PKK terrorists and recommends freezing Mr.
Barzani's assets in Turkey. The ADD also asked the
prosecutor to request Interpol to issue an international
warrant for Barzani's arrest.
3. (C) Two Diyarbakir human rights lawyers, Arif Altunkalem
and Sezgin Tanrikulu (please protect),told Consulate Adana
June 19 that, although there was no legal foundation to the
complaint, they believed the provincial Public Prosecutor was
making preparations to initiate an investigation.
Ultimately, Tanrikulu said he doubted the courts would
actually initiate legal action against Barzani and that the
purpose of the complaint is to fuel public hostility towards
the Iraqi Kurds in order to boost the popularity of
nationalist candidates in the upcoming Turkish election.
4. (C) Ankara-based senior attorney Yusuf Alatas (also
protect),Chairman of Turkey's Human Rights Association, told
us June 21 that for some time the judiciary has been, in his
view, taking orders from nationalist politicians (no doubt
referring to the Constitutional Court's May 1 ruling in favor
of the Republican Peoples Party's petition regarding the
presidential election, which compelled the GOT to call early
elections). This case against Barzani is "no accident," he
said.
5. (C) These attorneys believe that Barzani, as president of
a federal Iraqi structure, ought to benefit under
international law from head of state immunity, but the
Turkish Penal Code (TPC) does not seem to exempt him from
prosecution. The TPC does require the Justice Ministry to
approve prosecution of foreigners for most crimes. However,
it does not require this for certain categories of especially
serious offenses, including acts endangering state security.
Nor does it appear likely that the Turkish courts would
recognize the KRG's legal status, even though it is clearly
envisioned in the Iraqi constitution. MFA officials have
told us informally that Turkey is awaiting the results of
Iraq's constitutional review process before making a decision
on recognizing the KRG. In truth, GOT recognition of the KRG
is a sensitive political decision that the government will
not touch before July 22 elections and likely for some time
after that.
6. (C) We raised the case with MFA Head of Section for Iraq
Aydin Selcen on June 21. Selcen agreed that the petition was
poorly timed, legally weak, politically based, and does
nothing to calm tensions between Turkey and the Iraqi Kurds.
However, he emphasized that the GOT cannot control the
judicial system, and that the prosecutor is obliged to
investigate all petitions brought to his attention, frivolous
or not.
Visit Ankara's Classified Web Site at
ANKARA 00001591 002 OF 002
http://www.state.sgov.gov/p/eur/ankara/
WILSON
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/20/2017
TAGS: PGOV PHUM PTER PREL TU IZ
SUBJECT: NATIONALIST GROUP REQUESTS PROSECUTION OF KRG
PRESIDENT BARZANI
Classified By: PolCouns Janice G. Weiner for reasons 1.4 (b) and (d).
This is a joint Consulate Adana/Embassy Ankara cable.
1. (C) Summary: A nationalist group in Diyarbakir has filed a
petition with the provincial prosecutor's office requesting
that charges be brought against KRG President Barzani and
members of his family. The petition accuses the Barzanis of
providing support and safe-haven for PKK terrorists in Iraq.
While a Turkish MFA official agreed that the case is weak and
clearly politically motivated, the prosecutor is obliged to
investigate. An actual case cannot be opened until the
investigation is complete. It may also raise uncomfortable
questions for the GOT on the issue of the KRG's legal status
under Turkish law. End summary.
2. (SBU) The President of the Diyarbakir branch of the
Ataturkist Thought Association (Turkish acronym ADD),a
nationalist organization that frequently initiates legal
actions against writers and intellectuals, has filed a
petition of complaint with the Chief Public Prosecutor of
Diyarbakir against KRG President Masoud Barzani and members
of his family. The complaint accuses Barzani of assisting
and harboring PKK terrorists and recommends freezing Mr.
Barzani's assets in Turkey. The ADD also asked the
prosecutor to request Interpol to issue an international
warrant for Barzani's arrest.
3. (C) Two Diyarbakir human rights lawyers, Arif Altunkalem
and Sezgin Tanrikulu (please protect),told Consulate Adana
June 19 that, although there was no legal foundation to the
complaint, they believed the provincial Public Prosecutor was
making preparations to initiate an investigation.
Ultimately, Tanrikulu said he doubted the courts would
actually initiate legal action against Barzani and that the
purpose of the complaint is to fuel public hostility towards
the Iraqi Kurds in order to boost the popularity of
nationalist candidates in the upcoming Turkish election.
4. (C) Ankara-based senior attorney Yusuf Alatas (also
protect),Chairman of Turkey's Human Rights Association, told
us June 21 that for some time the judiciary has been, in his
view, taking orders from nationalist politicians (no doubt
referring to the Constitutional Court's May 1 ruling in favor
of the Republican Peoples Party's petition regarding the
presidential election, which compelled the GOT to call early
elections). This case against Barzani is "no accident," he
said.
5. (C) These attorneys believe that Barzani, as president of
a federal Iraqi structure, ought to benefit under
international law from head of state immunity, but the
Turkish Penal Code (TPC) does not seem to exempt him from
prosecution. The TPC does require the Justice Ministry to
approve prosecution of foreigners for most crimes. However,
it does not require this for certain categories of especially
serious offenses, including acts endangering state security.
Nor does it appear likely that the Turkish courts would
recognize the KRG's legal status, even though it is clearly
envisioned in the Iraqi constitution. MFA officials have
told us informally that Turkey is awaiting the results of
Iraq's constitutional review process before making a decision
on recognizing the KRG. In truth, GOT recognition of the KRG
is a sensitive political decision that the government will
not touch before July 22 elections and likely for some time
after that.
6. (C) We raised the case with MFA Head of Section for Iraq
Aydin Selcen on June 21. Selcen agreed that the petition was
poorly timed, legally weak, politically based, and does
nothing to calm tensions between Turkey and the Iraqi Kurds.
However, he emphasized that the GOT cannot control the
judicial system, and that the prosecutor is obliged to
investigate all petitions brought to his attention, frivolous
or not.
Visit Ankara's Classified Web Site at
ANKARA 00001591 002 OF 002
http://www.state.sgov.gov/p/eur/ankara/
WILSON