TURKEY: MFA READY FOR BILATERAL CT DIALOGUE;

C O N F I D E N T I A L ANKARA 001604

SIPDIS

DEPARTMENT FOR EUR/SE AND S/CT
.
TREASURY FOR A/S COHEN, CHRIS BURDICK

E.O. 12958: DECL: 11/06/2029
TAGS: PTER PREL EFIN IZ DA TU
SUBJECT: TURKEY: MFA READY FOR BILATERAL CT DIALOGUE;
PREDICTS PKK RETURNEE PROCESS WILL RESUME SOON

REF: A. ANKARA 1600

B. ANKARA 1514

Classified By: POL Counselor Daniel O'Grady, for reasons 1.4(b,d)


1. (C) Summary. Turkey is willing to explore inaugurating the
official high-level counterterrorism (CT) dialogue as early
as January 2010, MFA DDG for Security Affairs Ozyildiz told
us November 5. An interagency task force is preparing
changes to Turkey's legal definition of terrorism to satisfy
Financial Action Task Force (FATF) requirements, but expects
to have only new implementation mechanisms in place in time
for FATF's February review. Ozyildiz was firm that the PKK
returnee process will resume after a brief respite to calm
the public furor, and said the GOT's focus is now on
Makhmour. He cautioned that the PKK leadership will need to
serve a nominal prison term. On ROJ-TV, Ozyildiz asserted
the Danes are pleased with the most recent information
provided by the Turks and are moving forward with a court
case, though more slowly than the Turks would like. End
Summary.

Bilateral Dialogue, Cicek Visit, MFA changes
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.

2. (C) During a November 5 review of U.S.-Turkey
counterterrorism-related issues, MFA Security Affairs DDG
Inan Ozyildiz reported that MFA's new Security Affairs DG,
Aydin Adnan Sezgin, has been on board for about six weeks and
agreed to suggest to Sezgin that the two sides officially
begin our high-level counterterrorism dialogue. Mid-January
would likely be the earliest Sezgin could lead an interagency
group to Washington. Ozyildiz volunteered that Deputy Primer
Minister Cemil Cecek could possibly reschedule his postponed
U.S. visit in March. Commenting on the new line-up at MFA,
he noted changes are still underway. For example, the MFA
has created a new Directorate General for the Balkans. Other
portfolios remain unclear. He speculated the MFA is likely
to revert to the 1990s structure in which the Security
Affairs DG reported directly to the Under Secretary rather
than through a Deputy Under Secretary.

Counterterrorism Definition and FATF Review
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.

3. (C) Asked about the Financial Action Task Force review,
due out in February, and Turkish efforts to revise its
definition of terrorism to meet FATF concerns, Ozyildiz
acknowledged that an interagency working group lead by MASAK
(Turkey's FIU),and also including MFA, Justice and the
Turkish National Police (TNP),has been meeting to address
the issue. They have prepared a number of possible changes
to articles one and four of the current law which would,
among other things, bring UN counter terrorism finance (CTF)
sanctions into Turkish law. However, they know it will be
difficult to pass the required legislation by February. In
the interim, they plan to institute new CTF implementation
mechanisms to demonstrate they are moving in the right
direction. In this context, Ozyildiz noted that Turkey will
assume the chair of UNSC's Counterterrorism Committee in
January.

PKK Returnees from Northern Iraq
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.

4. (C) Despite the considerable public backlash against
celebrations in the Southeast of PKK returnees from northern
Iraq, Ozyildiz insisted the process would continue after a
decent interval. He divided future returnees into civilian
Camp Makhmour residents, PKK members who had not committed


any terrorist crimes, and the PKK leadership. Returns from
northern Iraq would likely resume first with Makhmour
residents, he said. Turkey continues to work with UNHCR in
Iraq on the matter, but is resisting UNHCR's request that the
agreement they concluded two years ago be revised to allow
UNHCR supervision of the entire resettlement process within
Turkey. They do not see this as a classic refugee situation
but the return to Turkey of Turkish citizens; Turkey can and
must handle it alone. Turkey will, however, depend on UNHCR
for detailed information on camp residents as it moves
forward with planning. Turkey also insists that Iraq do more
to rid Camp Makhmour of PKK propaganda and influence, which
it contends remains rife. Turkey is concerned that perhaps
less than 50 percent of the camp's residents will choose to
return to Turkey; Iraq needs to be prepared to integrate the
remaining residents. Ozyildiz commented, however, that Arab
countries do not have a good "track record" on such matters.


5. (C) PKK militants would be reintegrated under Article 221
of the Turkish Penal Code (which allows for charges to be
dropped against a suspect if they "repent" of their crimes),
Ozyildiz continued. "General amnesty" is not a viable
political option because of Turkey's unfortunate experience
with past amnesties. Following the model used with the first
group of militant returnees in late October, the militants
would be held and questioned and then released (REF B). The
major issue remained how to deal with the PKK leadership.
Ozyildiz dismissed speculation they would be allowed to seek
resettlement in sympathetic European countries such as
Norway. Such an avenue, he stated, runs counter to
increasingly successful efforts to extradite PKK leaders from
Europe. More likely, he noted, they would be required to
spend a nominal time in prison that could be worked out in
principle prior to their return.

ROJ TV
--------------
.

6. (C) Turkey has provided additional information to the
Danes regarding ROJ TV, Ozyildiz reported, and the Danes
seemed pleased with the quality of that new information. The
Danes want to put together a solid case against ROJ and so,
they say, want to take their time to get it right rather than
risk acquittal by the jury. Ozyildiz expressed reserved
appreciation for Denmark's actions, but acknowledged
lingering concerns that Copenhagen's deliberateness in moving
forward might actually be foot-dragging to buy time and wait
out events. He went out of his way, however, to thank the
United States for its role in encouraging European nations to
crack down on the PKK's criminal fund-raising activities.

Turkey-Iraq
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.

7. (C) Ozyildiz noted that the Iraq-Turkey Counterterrorism
Agreement (REF A) will be passed to Parliament for
ratification and the Government fully expects the opposition
to complain that Article 4 regarding "hot pursuit" into Iraq
was dropped. For the mirror-image reason, the Iraqis
insisted that this article be deleted because of their
experience with the US-Iraq SOFA. Despite the opposition's
criticism, Ozyildiz said he expects ratification early next
year because the ruling party already has an easy majority.
He noted that he budget is consuming much of Parliament's
attention now through the end of the year - and that the
ministries as well are focused largely on this budget
process. Separately, Ozyildiz was open to joining MNF-I and
Iraqi officials for a proposed tour of Habur Gate facilities.

Comment

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8. (C) We were encouraged by the positive tone of Ozyildiz's
remarks and Turkey's readiness to inaugurate our formal
high-level CT dialogue. We were also struck by his proactive
suggestion that DPM Cicek could be ready to reschedule his
postponed U.S. visit. We hope to use these occasions to
press forward on our dormant efforts to increase CT
information-sharing, among other issues. Separately,
confirmation by Ozyildiz of Turkey's intention to revise its
legal definition of terrorism offers another opportunity to
press on concerns in this area. On PKK returnees, Ozyildiz
seemed surprisingly comfortable rebutting the current
consensus that the process is dead. This suggests the
government's resolve on this issue goes beyond the
short-range impact of its lagging poll numbers.

JEFFREY

"Visit Ankara's Classified Web Site at http://www.intelink.s
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