US embassy cable - 04ANKARA1838

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 001838 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 03/26/2005 
TAGS: PGOV, PREL, PHUM, TU 
SUBJECT: COURT CONVICTS FOUR TO LIGHT SENTENCES IN ALTINBAS 
CASE 
 
 
REF: ANKARA 1643 AND PREVIOUS 
 
 
Classified by Polcouns John Kunstadter; reasons 1.4 b and d. 
 
 
1. (U) Summary: An Ankara court March 26 convicted four 
police officers and sentenced them to four years, five months 
imprisonment each for torturing and killing Hacettepe 
University student Birtan Altinbas in 1991.  The court 
acquitted four co-defendants and continued proceedings 
against two other officers charged in the killing.  Under 
Turkish law, the convicts will serve one-third of their 
sentences -- one and a half years -- if an appeals court 
upholds the verdict.  Defense attorneys continued to argue 
that "U.S. pressure" is interfering with the case.  The lead 
prosecuting attorney criticized the sentences as too low. 
End Summary. 
 
 
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Defense Decries International "Pressure" 
---------------------------------------- 
 
 
2. (U) As in previous hearings (reftels), attorneys for the 
police argued that U.S. pressure has undermined the court's 
independence and prevented them from defending their clients. 
 In addition to Poloff, diplomats from the German, Danish, 
and Dutch embassies attended the March 26 session.  Mehmet 
Emin Bagci, attorney for Hasan Cavit Orhan (the only 
defendant to attend the hearing, and among those convicted), 
argued that foreign observers should not be present in the 
courtroom, asserting that "those who claim to distribute 
justice in the world should look at their own country first, 
then interfere in Turkish courts."  Recep Onaran, attorney 
for defendant Ibrahim Dedeoglu, demanded that the judges in 
the case be replaced.  Chief Judge Ziya Unal rejected the 
request, asserting it was an attempt to delay the 
proceedings.  During a break in the session, Bagci separately 
approached Poloff and a German diplomat in the courtroom 
seating area to argue that they should tell their governments 
to stop interfering with the Turkish judiciary. 
 
 
-------------------------------- 
Prosecution: Sentences Too Light 
-------------------------------- 
 
 
3. (U) Lead prosecuting attorney Oya Aydin told us after the 
hearing that she considers the sentences too low.  According 
to the Prosecution Law, under which convicts serve a portion 
of their sentences, the convicted officers will only spend 
one and a half years behind bars if an appeals court upholds 
the verdict, she said.  She noted that the court reduced the 
sentences in part due to the supposed "good behavior" of the 
defendants, despite the fact that the defendants have 
consistently failed to appear in court.  The statute of 
limitations on the charges expires in February 2006, and the 
convicted officers will avoid punishment if an appeals court 
fails to reach a final verdict before then.  The appeals 
court will rule only on the verdict; it will not have the 
authority to revise the sentences. 
 
 
---------------------- 
Two Defendants Missing 
---------------------- 
 
 
4. (U) A total of 10 police have been charged in the Altinbas 
killing.  The charges against two of the defendants who have 
never appeared in court during the 13-year trial have been 
transferred to a separate case.  At each session the court 
holds back-to-back proceedings in the two cases.  During the 
March 26 session of this case, Aydin asked the court to 
contact various government agencies and companies providing 
cell phone, water, electricity, and pension services in an 
effort to locate the missing defendants.  The court agreed, 
and set the next hearing for April 20.  Under Turkish law, a 
defendant cannot be convicted unless he appears at least once 
during his trial.  The court therefore cannot issue a verdict 
for these defendants unless they appear. 
 
 
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Comment 
------ 
 
 
5. (C) We can draw two conclusions from this outcome: 1) U.S. 
attention can influence trials in Turkey, and 2) the Turkish 
judicial system is deeply flawed.  During the hearing, one 
defense attorney noted that before the Secretary raised the 
case in a February letter to FM Gul, the court routinely 
granted defense requests for three-month delays.  Suddenly, 
he said, the court began refusing such requests, and 
scheduled three hearings in March.  His comments were meant 
as a criticism of U.S. "interference," but they really 
reflect the inability of the Turkish judicial system to 
handle charges against police in an impartial manner.  Even 
if this verdict is upheld, and even if the two missing 
defendants are ultimately given a similar sentence, one and a 
half years behind bars is not a just punishment for torturing 
and killing a man. 
 
 
EDELMAN