TURKEY: VERDICT IN CLOSELY WATCHED TORTURE TRIAL

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000700 SIPDIS SIPDIS E.O. 12958: DECL: 03/27/2017 TAGS: PGOV PHUM PREL OSCE TU SUBJECT: TURKEY: VERDICT IN CLOSELY WATCHED TORTURE TRIAL A SMALL WIN FOR HUMAN RIGHTS REF: 04 ANKARA 01838 Classified By: Political Counselor Janice G. Weiner for reasons 1.4(b), (d) 1.(C) Summary: An Ankara court on March 23 doubled the original sentence of four police officers to eight years, ten months' imprisonment each for torturing and killing Hacettepe University student Birtan Altinbas in 1991. Human rights observers, who viewed the case as a test of human rights reforms in Turkey, have argued over the years that the court's tolerance of defendants' drawn out legal shenanigans epitomized Turkey's tolerance of torture. The case drew considerable international attention in 2004 when Secretary Powell wrote FM Gul to express concern that defendants could escape punishment if the case was not resolved within Turkey's 15-year statute of limitations. The Powell letter, along with vigilant EU and USG monitoring of the case, was instrumental to achieving the ultimate convictions, according to our human rights contacts. Although many had hoped for stiffer sentences, the conviction for torture -- a crime long-ignored by the Turkish judiciary -- is some indication that Turkey continues to modernize its legal system. End summary. -------------- -------------- Lengthy Torture Case Becomes Test for Human Rights -------------- -------------- 2.(SBU) Turkish police took Birtan Altinbas into custody on January 16, 1991, for allegedly being a member of an illegal left-wing organization. He died six days later while being interrogated. Pursuant to a complaint filed by a number of individuals and organizations, including eyewitnesses to the torture, an Ankara Public Prosecutor charged ten police officers with torture and manslaughter. Defendants remained free while the case dragged on for 14 years, due to the court's tolerance of defendants' legal maneuvers, such as constantly changing attorneys. 3.(U) Domestic and international human rights organizations highlighted the case as a clear example of a climate of impunity for torture in Turkey. These advocates argued that the judiciary, state security apparatus, and other governmental elements colluded to drag out the case, as exemplified by the government's failure to act on credible evidence on the whereabouts of two defendants who never showed up for trial. 4.(U) In July 2001, the trial court convicted the four defendants who were present during Altinbas's interrogation of manslaughter and torture, but reduced the sentence for good behavior to four years and five months. The court acquitted four others for lack of evidence, and ordered a separate trial for the two "missing" defendants. Human rights groups and Altinbas's family called the reduced sentence "distorted justice." 5.(U) As the case dragged on, observers grew increasingly concerned that the impending expiration of the 15-year statue of limitations, in 2006, would result in the case being dismissed. In a February 2004 letter, Secretary Powell expressed concern to Foreign Minister Abdullah Gul that further delays might lead to dismissal and the crime would go unpunished. 6.(SBU) Human rights contacts told us that the Powell letter and increasing international attention changed the course of the case. In September 2004, a trial court convicted one of the "missing" defendants to four years and five months, and acquitted the other for lack of evidence. In December 2004, the Court of Appeals upheld all of the convictions and ruled that the trial court had erred in considering "good behavior" in its sentencing. The court ordered a retrial so that a heavier sentence could be levied, and clarified that the statute of limitations would not end until 2013, fifteen years after the case "officially" started. One defendant died as proceedings continued. On March 23, 2007, the retrial concluded with the court doubling the original sentence of the four remaining defendants, to 8 years, 10 months in prison. ANKARA 00000700 002 OF 002 -------------- Verdict a Small Step Forward for Human Rights -------------- 7.(C) Most of our human rights contacts see the new sentence as a step forward for human rights in Turkey. Human Rights Association President Yusuf Alatas told us that the fact that the defendants were sentenced to prison was significant, even though the case dragged on for 16 years. The sentence was the strictest yet meted out by any Turkish court in a torture case. He cautioned, however, that the defense could still appeal. Sema Kilicer, the EU Commission's human rights officer, also found the decision imperfect but generally positive. That the case was not dismissed and the officers most responsible for the crime were convicted demonstrated Turkey's justice system is evolving toward full respect for human rights. 8.(C) Some contacts remain skeptical. Human Rights Foundation Secretary General Metin Bakkalci told us the case and verdict demonstrate tolerance for torturers. The case was prolonged, and the defendants allowed to remain free because police and the judiciary could not bring themselves to convict policemen who they believed had served their country. Bakkalci emphasized that the defendants still are not in custody, while even in many cases of nonviolent crime courts order defendants be taken into custody. 9.(C) Comment: The court's doubling of the original four-year sentences, though not completely satisfactory, is some indication that Turkey is making incremental progress on human rights. While many human rights observers had hoped for stiffer sentences, the ultimate conviction for torture -- a crime long ignored by the Turkish judiciary -- suggests that Turkey continues gradually to modernize its legal system and strengthen its respect for the rule of law. The Altinbas case also highlights the impact the USG and EU can have in human rights cases through close monitoring and timely interventions on key issues. End comment. Visit Ankara's Classified Web Site at http://www.state.sgov.gov/p/eur/ankara/ MCELDOWNEY