US embassy cable - 04ANKARA1155

C O N F I D E N T I A L ANKARA 001155 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 02/27/2005 
TAGS: PGOV, PREL, PHUM, TU 
SUBJECT: LEYLA ZANA TRIAL - LIKE DEJA VU ALL OVER AGAIN 
 
 
REF: ANKARA 316 
 
 
(U) Classified by Polcouns John Kunstadter; E.O. 12958 
reasons 1.5 b and d. 
 
 
1. (U) An Ankara State Security Court February 20 ruled, for 
the 11th consecutive time, against a defense request to 
release Leyla Zana and three other Kurdish former MPs for the 
duration of their retrial.  The decision came after lead 
defense attorney Yusuf Alatas argued, as he has in past 
hearings, that the court should be compelled to release the 
defendants because their original conviction was ruled 
improper by the European Court of Human Rights (ECHR). 
Alatas further argued that the speeches that led to the 
charges against his clients could no longer be considered 
criminal under recent EU-related legislative reforms. 
 
 
2. (U) The defendants -- Leyla Zana, Hatip Dicle, Orhan 
Dogan, and Selim Sadak -- are former members of the 
pro-Kurdish independence Democracy Party.  They were 
convicted in a controversial 1994 trial of membership in an 
illegal organization (the PKK).  Their retrial, which began 
March 2003, is the first retrial under recent reform 
legislation allowing convicts who win their appeal to the 
ECHR to receive a new trial in a Turkish court.  At each of 
the 11 hearings of the case, the court has refused a defense 
request to release the defendants. 
 
 
3. (U) After the February 20 hearing, Joost Lajendik, 
co-president of the Turkey-European Parliament Joint 
Parliamentary Commission, told reporters on the courthouse 
steps that he was disappointed with the court\'s decision 
against release.  Calling on Turkish judges and prosecutors 
to act in accordance with the spirit of GOT legislative 
reform, Lajendik said the Turkish judiciary must choose 
whether to adhere to the old Turkey (\"the Kemalist 
straightjacket\" in the words of one contact who watched the 
press briefing with us) or join the new Turkey.  Lajendik 
added that the GOT bears the equally important responsibility 
to create the conditions under which the judiciary will 
choose the new Turkey. 
 
 
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Comment 
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4. (C) This trial has taken on a \"Groundhog Day\" quality, as 
the defense repeats its critique of the court\'s conduct and 
the court continues to deny release.  Very little of what 
takes place in the courtroom bears any direct relation to the 
charges against the defendants, so it is therefore difficult 
to estimate how much longer the trial will last.  However, at 
the conclusion of this past session the defense pointedly 
stated that it has nothing left to say, so a verdict may be 
near.  We believe the court will convict, but however the 
judges rule the losing side will appeal.  A final decision is 
unlikely to be reached before the sentences of the defendants 
run out in 2005. 
 
 
EDELMAN