US embassy cable - 04ANKARA958

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000958 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 02/18/2014 
TAGS: PGOV, PREL, PHUM, TU 
SUBJECT: ALTINBAS TORTURE CASE PLAGUED BY DELAYS 
 
 
Classified by Polcouns John Kunstadter; reasons 1.5 b and d. 
 
 
1. (C) Summary: The 13-year-old trial of 10 police officers 
charged with torturing and killing university student Birtan 
Altinbas continues to be plagued by delays, as the defense 
tries to postpone a verdict until the statute of limitations 
expires.  The defendants have consistently failed to appear 
for trial, but the court has not ordered their arrest.  At 
the latest hearing, the court granted the one defendant who 
attended time to find an attorney to replace one who 
resigned.  After the head of Amnesty International raised the 
issue with PM Erdogan, the Interior Ministry issued a 
circular ordering all courts to ensure that police charged 
with torture appear for trial.  End Summary. 
 
 
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Case Plagued by Delays 
---------------------- 
 
 
2. (U) An Ankara felony court continues to face delays in the 
death-in-detention case of Birtan Altinbas.  Jandarma 
arrested Altinbas and three other Hacettepe University 
students on January 15, 1991 and interrogated them.  Altinbas 
died six days later.  Prosecutors opened a case against 10 
police after a number of detainees claimed they saw the 
officers torturing Altinbas.  The case has been plagued by 
repeated procedural delays, often involving the failure of 
the police defendants to appear in court.  Court officials 
claim they have often been unable to locate the defendants, 
but prosecuting attorneys argue that the defendants' 
addresses are well known, and that they regularly receive 
salary and pension checks from the Government.  They also 
claim to have contacted several of the defendants by 
telephone. 
 
 
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Statute of Limitations Looms 
---------------------------- 
 
 
3. (U) Once a verdict is reached in the case, the losing side 
is sure to appeal.  The 15-year statute of limitations on the 
charges will expire January 2006, and lead prosecuting 
attorney Oya Aydin has predicted to us that a final verdict 
will not be reached in time unless outside pressure forces 
judicial authorities to expedite the process.  If no verdict 
is reached before the deadline, the case will be closed. 
Amnesty International Secretary General Irene Khan raised the 
issue with PM Erdogan during her February 11-12 visit to 
Turkey.  In an apparent response, Interior Minister Aksu 
released a circular February 16 ordering court officials to 
ensure that police charged with torture appear in court. 
 
 
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One Defendant Appears, Shoves Photographer 
------------------------------------------ 
 
 
4. (C) At the last session of the Altinbas case, on February 
12, one of the 10 police defendants, Hasan Cavit Orhan, 
appeared in court (none appeared at the previous session). 
Before entering the courtroom, Orhan angrily grabbed and 
shoved a photographer who took his picture.  During the 
10-minute session, Orhan noted that his attorney had resigned 
from the case (note: this is a common delaying tactic. end 
note) and asked for time to find a new attorney.  The court 
agreed.  Defense attorney Aydin held up a copy of a newspaper 
article in which another of the defendants, Ibrahim Dedeolgu, 
told reporters he did not receive a notice from the court and 
would therefore not attend the hearing.  The court refused 
Aydin's request for arrest warrants for the delinquent 
defendants, instead ordering that new notices be sent for the 
next hearing, on March 5.  An attorney representing Dedeoglu 
said he would "try" to have his client attend the next 
session. 
 
 
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Comment 
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5. (C) This trial has become the latest test case for the 
Turkish judicial system.  As in the high-profile Manisa case 
-- which resulted in convictions, probably in part due to 
international pressure -- this trial pits the prosecution 
against elements of the State determined to use every 
available tactic to run out the clock and avoid a verdict. 
Underscoring the difficulty the AK government has in trying 
to bring reform to the court system, which remains a bastion 
of the Kemalist system, the court's chronic failure either to 
bring the defendants to court or order their arrest has no 
legitimate explanation. 
 
 
EDELMAN