US embassy cable - 05ADANA208

UNCLAS SECTION 01 OF 02 ADANA 000208 
 
SIPDIS 
 
SENSITIVE 
 
NOT FOR INTERNET DISTRIBUTION 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, PHUM, ADANA 
SUBJECT: DIYARBAKIR BAR PRESS RELEASE ON SEMDINLI BOMBING INCIDENT 
 
 
1. (SBU)  Summary:  The Diyarbakir Bar Association is one of the 
few credible NGO's in southeastern Turkey and its voice 
represents the segment of Kurdish civil society in the region 
which is less influenced by the PKK.  Its press report, 
translated below, is a call to action for the GoT and an 
expression that the Semdinli incident should be a watershed 
moment in the GoT's effort to hold its security services 
accountable in many instances of unexplained and suspicious 
incidents in the region.  Because of its autonomy from the PKK, 
its statements may gain some traction with some GoT circles. 
End summary. 
 
2. (U) Begin translation: 
 
Diyarbakir Bar Presidency 
Number: 2005/1659 
 
11/12/2005 
Diyarbakir 
 
TO PRESS AND PUBLIC 
 
"THE INCIDENT IN SEMDINLI MUST BE A TURNING POINT AND JUSTICE 
MUST BE REALIZED" 
 
With the bombing and assassination incident in Semdinli, the 
state's unlawful planting of cells of agents within the units of 
the security forces has once more become apparent. These 
establishments within the Security Units have committed many 
crimes all over Turkey since the beginning of 1990, primarily in 
the region under the (OHAL) State of Emergency Rule. It is known 
that there are still hundreds of extrajudicial killings, 
disappearances under forced detention, torture cases, bombings, 
etc.; incidents that these establishments, which have been in 
existence for years, have been involved in and which have not 
yet been brought to light. Likewise, article 23 of the 
"Suggestions on Measures Needed to Be Taken" section of the 
TNA's (Turkish National Assembly) Parliamentary Commission's 
Report on Research on Mysterious Political Assassinations, 
submitted to the TNA Presidency in 1995, expresses precisely the 
view that "as explained in related chapters, it has been 
determined by our Commission that village guards, confessors 
(PKK defectors) and JITEM (Jandarma Intelligence Center) members 
have been involved in many illegal actions; and application 
should be made to the Justice Ministry for obtaining permission 
to conduct investigations against them; and that the judicial 
organs should be assisted through a special commission to be 
formed under the umbrella of the esteemed Assembly." In the 
"Conclusion and Assessment" section of the Prime Ministry 
Inspection Committee's Report submitted to the Prime Ministry, 
and which was known as the "Susurluk Report" on public opinion, 
the following views have been expressed: "The Susurluk mentality 
(of collusion among the state, security forces, politicians and 
organized crime) stemmed from preferences in Ankara and 
developed in the OHAL (State of Emergency Rule) regions, then 
spread to large metropolitan areas, and expanded by including 
appropriate events and persons. Finally, a multi-phased and deep 
relationship has been established (among these entities),.." 
Similar determinations have been made in the "General 
Assessment" section of TNA's Susurluk Inspection Commission's 
Report on the "Susurluk Case," stating that "there are 
structural disorders in the state's secret intelligence 
organizations. It is understood that these organizations have 
participated in operations and affairs other than their 
principal tasks. Therefore it is difficult to ascertain whether 
or not they have been involved in outlawed activities and even 
obeyed their own regulations." This report had also been 
submitted to the TNA's Presidency for action. 
 
On the other hand, the Diyarbakir Bar Association for years has 
drawn attention to the actions undertaken by these illegal 
organizations and has brought suits against them. Finally, based 
on solid evidence, the Diyarbakir Bar Presidency sued on 
February 8, 2005, JITEM members, including some high ranking 
administrative and military officers at that time; but 
unfortunately no concrete progress has been achieved in the 
investigations since then. 
 
All of the public is aware of the evidence of the bombing and 
killing in the Semdinli  township of Hakkari by these same 
illegal organizations now. This incident can not be brushed 
aside with "The incident is at the court~"statements by some 
institutions. The judiciary in Turkey has not been successful in 
unveiling the illegal establishments, interrogating their 
members or punishing the ones responsible for them up to now. 
"The case is being handled by the court" statements are 
perceived by the public as meaning that this incident will also 
be covered up, it will not be unveiled  and the perpetrators 
will not be brought to justice. We are aware of tens of similar 
incidents handled by the courts in this fashion. 
 
The incident in Semdinli must be a turning point. The principle 
of rule-of-law must win this time, and it must be shown that 
illegal cells hiding behind their official public authority do 
not have the privilege of committing crimes. It is impossible to 
protect democracy and internal peace in a place where justice 
fails against individuals bestowed with public power and 
authority. Up to now, the Government has not done/could not do 
what fell on its shoulders during its three years in office. 
Taking this incident as an opportunity, the Government must take 
action; take the necessary steps to unearth the illegal 
establishments within the state; form the necessary mechanisms 
that would unearth the crimes these unlawful organizations have 
committed in the past; and embark on serious effort to bring the 
perpetrators of past crimes to justice. 
3. (U) End translation. 
REID