Identifier
Created
Classification
Origin
08ISTANBUL594
2008-11-25 12:59:00
CONFIDENTIAL
Consulate Istanbul
Cable title:  

DINK LAWYER OPTIMISTIC DESPITE CONCERNS OF GROWING

Tags:  PGOV PREL PHUM AA OSCE TU 
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P 251259Z NOV 08
FM AMCONSUL ISTANBUL
TO RUEHC/SECSTATE WASHDC PRIORITY 8624
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK PRIORITY
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RUEAIIA/CIA WASHDC PRIORITY
RUEKJCS/DIA WASHDC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 ISTANBUL 000594 

SIPDIS

E.O. 12958: DECL: 11/23/2018
TAGS: PGOV PREL PHUM AA OSCE TU
SUBJECT: DINK LAWYER OPTIMISTIC DESPITE CONCERNS OF GROWING
NATIONALISM

REF: A. ISTANBUL 370

B. ANKARA 1194

C. ANKARA 1707

Classified By: Consul Genereal Sharon A. Wiener for reasons 1.4(b) and
(d).

C O N F I D E N T I A L SECTION 01 OF 02 ISTANBUL 000594

SIPDIS

E.O. 12958: DECL: 11/23/2018
TAGS: PGOV PREL PHUM AA OSCE TU
SUBJECT: DINK LAWYER OPTIMISTIC DESPITE CONCERNS OF GROWING
NATIONALISM

REF: A. ISTANBUL 370

B. ANKARA 1194

C. ANKARA 1707

Classified By: Consul Genereal Sharon A. Wiener for reasons 1.4(b) and
(d).


1. (C) Summary: The Prime Ministry Inspection Board's
report summarizing the findings of its investigation into the
murder of Hrant Dink concludes that security officials could
have prevented Dink's murder had they acted on available
intelligence. Dink family lawyer Fethiye Cetin told us she
is optimistic the report will help fuel a discussion about
Turkey's past but is pessimistic the report will lead to a
new investigation into the negligence on the part of the
police and Jandarma. Given uncertainty over the GOT's
actions, Cetin and the Dink family are pursuing several cases
to the European Court of Human rights , including one against
the GOT for halting investigations into negligence by
Jandarma officials in Trabzon. She argues that Dink's murder
is the result of long term (from 2004 until the murder in
2007) planning by a very well organized group. End Summary.


2. (U) Leaked to the press prior to the Prime Minister's
approval, the Prime Ministry Inspection Board's two hundred
-page report summarizes the findings of a one and a half-year
investigation into the January 19, 2007 murder of Hrant Dink.
The Board concluded that Dink's murder could have been
averted had officials resolved the bombing of a McDonald's in
Trabzon, the home of the primary murder suspect, in 2004.
Erhan Tuncel, the alleged mastermind of the plot against
Dink, was linked to the McDonald's bombing but did not appear
in court. Had Tuncel been questioned during the bombing
trial, his strong ties to violent ultranationalist groups
would have been more apparent. The report also concluded that
security officials failed to provide Dink protection despite
credible intelligence about a plot to kill him. According to
the report, both the police and the Jandarma had tips about
the plot to kill Dink, but did not share intelligence with
the other. The Board suggests that the Prime Ministry open a
new investigation for neglect against police and Jandarma

officials in Trabzon, pointing out that Dink had not received
protection despite the tips about an assassination plot. The
Board also noted in the report that officials from the
Ministry of Justice were uncooperative during its
investigation.


3. (SBU) Despite the Board's recommendation, a new
investigation into the negligence of the police and Jandarma
in Trabzon is unlikely, according to Dink family lawyer
Fethiye Cetin. In order to open a new case against security
officials, she said, the prosecutor would need to present new
evidence of negligence. Cetin said that because such new
evidence is not available now, the family is pursuing two
cases against the GOT in the European Court of Human Rights
for halting investigations into the negligence of the
Jandarma and police. After the GOT stopped investigating the
Jandarma in Trabzon, Cetin submitted a case to the ECHR in
the end of 2007 and another concerning the Trabzon police in
May 2008. Cetin said she is also pursuing a case in the
Regional Administrative Court against the Samsun and Istanbul
Jandarma officials. Finally, Cetin is preparing a case for
the ECHR against the GOT for halting investigations into the
negligence of Jandarma in Samsun and Istanbul.


4. (SBU) Reflecting on the murder Cetin told us, "Dink's
murder was very well planned by a very well organized group
of individuals working since early 2004. It was not just the
gunman who pulled the trigger." According to Cetin, the
evidence she has collected so far points to a larger group of
guilty individuals, including prominent figures Veli Kucuk
and Oktay Yildirim, both of whom were named in the Ergenekon
indictment and are currently in jail pending the outcome of
that trial. These individuals, she contended, "prepared the
psychological atmosphere" for Dink's murder and used the
Jandarma and police to prevent a proper investigation into
his death.


5. (C) Cetin is optimistic that the Board's report will lead
to more dialogue on the topic of Dink's murder and Turkey's
history, but said "nationalistic" comments made by PM Erdogan
recently are a cause for concern. Poverty and growing
unemployment, especially in Turkey's East, fuel a search for
blame, according to Cetin. The GOT may be promoting violent
nationalism as a safe channel for the ruling AKP party for
reactions to poverty, she said. If AKP is becoming more
nationalistic, Cetin predicted that it will be more
"difficult to protect freedom of speech and have necessary

ISTANBUL 00000594 002 OF 002


discussions about Turkey's past."


6. (SBU) Comment: The Prime Ministry's Inspection Board's
findings and recommendations suggests that the GOT engage in
a dialogue about the impact of nationalism and "deep state"
actions. The Ergenekon trial of accused "deep state" actors
such as Veli Kucuk is perceived by others like Cetin to be a
long needed GOT warning to others contemplating violent
nationalist acts. The GOT's choice to commission and release
the report suggests a desire to expose deep state networks
and shares similar objectives with the Ergenekon
investigation (Ref C).
WIENER