US embassy cable - 05ANKARA2074

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 002074 
 
SIPDIS 
 
DEPT FOR EUR/SE 
 
E.O. 12958: DECL: 04/11/2015 
TAGS: PHUM, PREL, TU 
SUBJECT: SOUTHEAST TURKEY: TUNCELI GOVERNOR OKAYS 
INVESTIGATION INTO COMMANDER'S ALLEGED THREATS. 
 
REF: ADANA 0029 
 
Classified By: (U) Classified by Polcouns John Kunstadter; reasons 1.4 
b and d. 
 
1.  (C) Summary: After allegedly being threatened by 
Tunceli's Jandarma Commander on February 7 (reftel), Attorney 
Huseyin Aygun filed charges with the Public Prosecutor 
against the Commander. Tunceli Deputy Governor Ozkan Demir 
told poloff in a March 24 meeting that the Tunceli Governor - 
as the Commander's superior - had given permission to the 
local prosecutor to move forward with an investigation. Such 
a decision would have been unthinkable in the past. 
According to Aygun, the Tunceli prosecutor did not expect the 
Governor to give the go-ahead, is  "scared" to press charges 
and has applied to the Malatya Regional Administrative Court 
for annulment of the Governor's decision. Unlike the 
prosecutor, Aygun shows no sign of being intimidated by the 
commander, despite the commander,s having filed a 
counter-suit against him for slander. Demir told poloff that 
approximately 4000 once displaced citizens have returned to 
their villages in Tunceli, and 8000 had submitted claims to 
the provincial committee charged with implementing last 
year's compensation legislation for victims of terror and 
terror-related operations. He promised the commission will be 
lenient in evaluating claims.End comment. 
 
(C)  Tunceli Governor Okays Investigation into Threats 
--------------------------------------------- ---------- 
 
2.  (C) In recent months, Tunceli's Jandarma Commander has 
reportedly come into conflict on several occasions with civil 
society in Tunceli, an Alevi stronghold. In the most recent 
incident (reftel), former Tunceli Bar Association President 
Huseyin Aygun (now a private attorney) accused the Commander 
of threatening him and demanding he give up his human rights 
work to avoid having incriminating evidence about him sent to 
the local prosecutor. In a March 24 meeting with Deputy 
Tunceli Governor Ozkan Demir, poloff learned that Aygun,s 
complaint  against the Commander is now in the prosecutor's 
office. Demir explained that before beginning an 
investigation, the prosecutor had been required to seek the 
approval of  the accused's superior, in this case the Tunceli 
Governor.(Note: As part of its EU reforms, Turkey rescinded a 
similar law requiring superiors, approval to proceed with 
torture complaints. End Note.)  After reviewing Aygun's 
complaint, the Governor of Tunceli gave permission to the 
Prosecutor to move forward, Demir said. 
 
(C)  Prosecutor Seeks Another Way Out 
-------------------------------------- 
 
3.  (C) Aygun was in Europe during poloff's visit to Tunceli, 
but confirmed in a telephone conversation that the Governor 
had given the go-ahead to the prosecutor to pursue the case. 
According to Aygun, the Tunceli Governor reached the 
conclusion that "the Jandarma Colonel's threat was not an act 
in line with the performance of his duties." The prosecutor 
did not expect this decision, Aygun said, and has applied to 
the Malatya Regional Administrative Court for  annulment of 
the Governor's decision. The court is reportedly bound to 
render a decision within one month of the request, or in 
about two weeks.  Aygun believes the prosecutor is "scared" 
to press charges against the Colonel. Aygun reports the 
Colonel has filed  against him for insult and slander; the 
first hearing in this case is due to take place at the 
Tunceli Criminal Court on May 13. 
 
(C)  Tunceli's DEHAP Mayor Walks a Careful Path 
--------------------------------------------- --- 
 
4.  (C)  Tunceli's DEHAP Mayor Songul Abdil Erol opined that 
the mood in Tunceli had become less tense recently, but still 
she feels that she must be "very careful." She measures very 
carefully every word she utters in the press, she said, as 
"they are watching every move."  (Note:She did not specify 
exactly who "they" were, but later remarks indicated she was 
referring to military commanders in town. End note.) As an 
example of recent tension, she told us that during the winter 
months the military had accused her of cutting the water to 
their installation. There is water everywhere in Tunceli, she 
said, but due to poor administration over the years the 
delivery systems were inadequate. During the period when 
water was not reaching the military facilities, though, she 
claimed it was not reaching homes in town, either. 
 
Deputy Governor Vows Leniency With Claims 
------------------------------------------ 
 
5.  (C) With the Tunceli Governor in Ankara Deputy Governor 
Demir met with poloff, referring to prepared talking points 
on several occasions. In addition to discussing the Aygun 
case, he stated that a total of 4000 citizens had returned to 
their villages in Tunceli, and 8000 more had submitted claims 
to the provincial committee charged with implementing last 
year's  compensation legislation for victims of terror and 
terror-related operations. When asked about the threshold the 
compensation committee would use in evaluating claims and 
property ownership documents required by law, but difficult 
(and sometimes impossible) to obtain, he claimed that his 
committee would be "lenient," as he understood people were 
facing problems in piecing together all the necessary 
documentation.  Demir told poloff that since last June, more 
than 10 security officers  and 26 terrorists had been killed 
in the province 
 
6.  (C) Comment: The Deputy Governor appeared relatively 
open, and did not exhibit the  indignant reaction many 
regional officials display when queried about human 
rights-related developments -- despite the presence of a 
note-taker who appeared to be from the jandarma.  The 
Governor's decision in the Jandarma Commander,s case would 
have been unthinkable five years ago. Unlike the prosecutor, 
Aygun shows no sign of having been intimidated by the 
commander.  The numbers of returns the Deputy Governor cited 
are difficult to verify, and we will monitor  how "lenient" 
the commission will be in evaluating compensation claims. End 
comment. 
EDELMAN