DINK TRIAL: JUSTICE DELAYED...

UNCLAS ISTANBUL 000054 SENSITIVE SIPDIS C O R R E C T E D COPY CAPTION E.O. 12958: N/A TAGS: PGOV PREL PHUM TU OSCE AR SUBJECT: DINK TRIAL: JUSTICE DELAYED... ¶1. (SBU) Summary. On February 8, poloff attended the chaotic 12th hearing of the Hrant Dink murder trial at Besiktas Heavy Penal Court. A "secret witness" was scheduled to provide testimony during the hearing but was either "forgotten" at home by the police or unable to testify due to the lack of an interpreter, according to the trial's judge. At the hearing, a representative for a group of aggrieved families who have lost relatives in unresolved murders said the Dink case represents an opportunity to uncover those deep forces within state organs that have played significant roles in political assassinations. The families submitted a petition to the Turkish Parliament on February 11, asking it to establish a research commission to investigate organized political murders committed in Turkey since 1948. After the hearing, Hrant Dink's widow and daughter, Rakel and Delal Dink, emphasized to us the solidarity among this newly assembled group of families who have suffered through similar "unsolved murders." While the trial is now moving on to its 13th hearing in May, there is no indication that it is reaching an end, further tarnishing the image of Turkey's justice system. A Trial with No End -------------- ¶2. (SBU) The twelfth hearing of the Hrant Dink murder trial took place on February 8 with heavy attendance. The first trial hearing took place on July 2, 2007. The next hearing is scheduled for May 10, 2010. Representatives from the Brussels and Paris Bar associations were in attendance, as well as the EU Commission's Human Rights representative and prominent opinion makers. A total of 25 suspects were present, including five already under arrest (Yasin Hayal, Erhan Tuncel, Ogun Samast, Ersin Yolcu, and Ahmet Iskender). The arrested suspects sat in the center of the court room surrounded by guards, while the remaining suspects and witnesses sat or stood amongst the crowd of observers and reporters until the judges separated the suspects and witnesses. The atmosphere was tense and several in attendance loudly made angry and derisive comments following the judge's statements. ¶3. (SBU) The hearing lasted nearly 10 hours and included testimony from witnesses and a letter from the chief of police in Trabzon at the time of the murders, Ramazan Akyurek, stating that the telecommunication information of all the police and intelligence officers cannot be delivered to the court due to security concerns. One of the Dink family lawyers responded that according to law, no documents or files related to a crime can be kept secret. ¶4. (SBU) Prior to the hearing's start, EU Commission human rights officer, Sema Kilicer, told poloff that an anticipated "secret witness" would implicate another person in the murder. However, the secret witness did not appear at the hearing due to lack of coordination. According to Delal Dink (daughter of Hrant Dink),the justice asked the Dink family why they did not bring the secret witness. The Dink family had understood that it was the police's responsibility to collect the secret witness from her home. Finally, the same justice said that, the court did not bring the secret witness due to the lack of an interpreter. The Dink family acknowledged that the witness speaks Armenian better than Turkish. ¶5. (SBU) On February 6, newspapers reported that the inspection report on the 19 police officials involved in the Dink murder case, completed by the Ministry of Interior, found no negligence of duty on the part of the police and no need for disciplinary action. The MOI had pursued the investigation following a recommendation from the Prime Ministry's Inspection Board in 2008. Investigations into potential negligence by Jandarma officials continue. Aggrieved Families Unite for Justice -------------- ¶6. (SBU) A noticeable addition to the hearing crowd were the family members of 11 victims of unsolved murders, including the families of Abdi Ipekci and Ugur Mumcu. Filiz Ali, daughter of the author and journalist Sabahattin Ali, who was murdered by unknown perpetrators in 1948, said the Dink case represents an opportunity to uncover those deep forces within state organs that have played significant roles in political assassinations. Hrant Dink's daughter, Delal Dink, told us that such a gathering of families of disparate political backgrounds is a first for Turkey. "While not all of the murder victims and families share the same political leanings, they all share the same horrible experience and have the same goal." ¶7. (SBU) The aggrieved families, according to Delal, submitted a petition to the Turkish Parliament (TBMM) on February 11 requesting the establishment of a parliamentary research commission to investigate "organized political murders that have been committed in Turkey since 1948." Except for Nationalist Movement Party (MHP) who chose not to meet with the group, all political parties backed the proposal. Upon the issuance of the findings of the TBMM's commission on the Dink murder in 2008, the CHP members of the commission resigned due to what they felt was an insufficient investigation. This time, Delal said, they hope the situation will be different as the families are requesting a commission with extensive jurisdiction capable of accessing information that is frequently labeled a "state secret." ¶8. (SBU) In a dinner at the Consul General's residence on February 10, Delal and Rakel Dink said they suspect the Dink murder trial will go on for years because any real findings will show that the state is at fault - either for negligence or for participation - and "no one wants to be held accountable." Both lament the lack of progress in the case and the embarrassment the trial has become for Turkey. When asked what alternative there could be, Delal said the only other approach would be to dedicate a courtroom to the case where consecutive hearings could take place day after day - as is occurring with the Ergenekon trial. But she acknowledged this is unlikely. Unless there is a violation in the administrative procedure, the family can only take the case to the European Court of Human Rights after the trial has finished in Turkey. (Note: Delal explained that the family already has a case under consideration with the ECHR. One week prior to his murder, Hrant Dink filed a case with the ECHR regarding "the right to life" implicating the Turkish state for its role in making him a target for death threats. Dink began receiving death threats after the state convicted him for violating Article 301 of the Turkish Constitution for insulting Turkishness by writing an article addressing the Armenian groups obsessed with genocide recognition and facetiously using the term "dirty Turkish blood." Delal said that the Turkish government's recent response to the ECHR was "terrible" because the GOT seemed to be hiding behind state institutional procedures. End note.) ¶9. (SBU) Comment: Despite being 12 hearings into the trial, there is no indication of measurable progress. The number of suspects has increased and decreased over the last three years and as time continues, telephone records are destroyed after the statute of limitation for their use passes. With each successive stumble - whether fist fights between suspects as occurred in the eighth hearing, allowing witnesses and suspects to sit next to one another, or forgetting a secret witness - the image and strength of the rule of law in Turkey suffers. The Dink family and the families of other murder victims are hopeful that the parliamentary commission, if formed, will yield some answers and empower the Turkish state to improve its image by investigating the role of state institutions in these unsolved murders. End Comment. WIENER