US embassy cable - 05ADANA222

UNCLAS SECTION 01 OF 02 ADANA 000222 
 
SIPDIS 
 
SENSITIVE 
 
NOT FOR INTERNET DISTRIBUTION 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, PHUM, TU, ADANA 
SUBJECT: CONTINUING DEVELOPMENTS IN SEMDINLI BOMBING CASE: TWO 
MEMBERS OF SECURITY FORCES ARRESTED 
 
REF: A) ADANA 207, B) ANKARA 6772, C) ADANA 216 
 
1. (SBU) Summary: Since the November 9 Semdinli bombing (reftels 
A and B) and the PM's subsequent visit to the region (reftel C), 
the parliamentary Human Rights Committee toured the region to 
investigate the case.  Hakkari's governor was re-assigned to 
another province, a move he attempted to depict as a promotion. 
The prosecution will try the case under organized crime statutes 
in the Van special felony court, allowing a wider investigation 
than under other criminal statutes.  Most significantly, a Van 
prosecutor arrested two jandarma members implicated in the 
bombing.  PM Erdogan was criticized for meddling in the judicial 
process when he said that local people should not be called as 
witnesses in the case since they might be intimidated by the PKK 
for doing so.  Many in the southeast are still not confident 
that justice will be done. End Summary. 
 
Parliamentary Human Rights Commission Makes a Study Tour 
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2. (SBU) The parliamentary Human Rights Committee conducted a 
November 22 to 26 tour in Hakkari province, including the town 
of Semdinli, meeting with the Semdinli Mayor as well as 
subgovernors and municipal assembly members.  The committee also 
met with the prosecutor investigating the incident.  AMCON Adana 
contacts depict the committee investigation as unsatisfactory, 
citing the committee members' supposed failure to meet with 
members of the local populace most affected by the incident. 
(Note: Radikal newspaper reported on November 29 that public 
prosecutors from Semdinli and Van took depositions from 58 
persons who were mainly shopkeepers whose shops had been 
destroyed during the blast. End Note.)  Hakkari DEHAP/DTP Mayor 
Metin Tekce was disappointed that the committee did not meet 
with him, while center-left Radikal newspaper reporter Nese 
Duzel told us that the committee's investigations, headed by AK 
Party lawmaker and committee chairman Mehmet Elkatmis, raised 
some expectations among people because of his "fair reports" 
while heading up past investigations; however, Duzel added, this 
investigation focused too much on official testimony while 
neglecting information from the local, ethnically-Kurdish, 
public.  . (Comment: We do not concur with this assessment of 
Elkatmis, who also oversaw a poor investigation into the 
Susurluk incident several years ago. We have found him to be 
narrow-minded, poorly-informed and bigoted in other areas - he 
famously accused the U.S. of "genocide" in Iraq.  End Comment.) 
 
Hakkari and Tokat Governors Switch Seats 
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3. (SBU) On November 25, Hakkari Governor Erdogan Gurbuz was 
re-assigned as governor of Tokat Province, while the Tokat 
governor was assigned to replace Gurbuz in Hakkari.  Gurbuz told 
the press that the change was a normal practice of the 
government and could even be regarded as a promotion, since 
Tokat is a bigger province.  Hakkari Mayor (DEHAP) Tekce was 
critical of the appointment when we spoke with him, saying that 
this will not help bring the Semdinli perpetrators to justice, 
especially since the appointment is being depicted as a 
promotion.  Reporter Duzel claimed to us that the local public 
does not find the governor's appointment a positive development, 
since many believe he should have been suspended from his 
position and  an investigation against him should have been 
initiated.  Duzel added that the governor has caused an erosion 
of confidence over the past few months as he has "misinformed" 
the public about alleged local civilian involvement in 
"terrorist activities." 
 
Case to be Tried Under Organized Crime Statutes 
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4. (SBU) On November 24, the press reported that the GOT has 
decided to try the Semdinli bombing case in the jurisdiction of 
the Van special felony Court, and that the case would probably 
be tried under organized crime statutes, allowing for a much 
deeper and broader investigation of suspects and witnesses 
connected with the case than would be allowed under other 
criminal statutes.  Mayor Tekce described this as a positive 
development, but said that people still lacked confidence that 
the government would bring the perpetrators to justice.  In line 
with Tekce's remarks, Duzel said that the people do not believe 
that justice will be done, and that their confidence in the 
judiciary continues to weaken.  (Comment:  Our interlocutors' 
viewpoints are broadly held, but reflect regional anti-GOT bias. 
End Comment.) Members of the Van Bar Association told us that 
holding the trial in the Van court showed that the case was 
being taken more seriously by the government than if it had been 
tried in a Semdinli court.  They added that three government 
prosecutors are currently working on the case, and noted that 
all files related to the case are inaccessible to the public 
during the prosecutor's investigation.  Observers also noted 
that the more extensive investigatory breadth of the organized 
crimes statute still resulted in the locally much criticized 
"Yuksekova Gang" verdict in which all defendants, save a PKK 
defector, were recently found not guilty. 
 
Two Suspects Arrested 
--------------------------- 
 
5. (U) November 29 press reports claimed that upon a request 
from the head prosecutor investigating the Semdinli case, the 
two state jandarma members implicated in the bombing were 
arrested and, according to November 30 press reports, charged 
with treason.  These suspects were initially detained by police 
when the bombing occurred, then released.  According to the 
press, the prosecutor's initial request for their arrest in Van 
was made as a precautionary measure to help calm public outcry 
over their release. 
 
PM Inserts Foot in Mouth 
------------------------------- 
 
6. (U) The November 29 press further reported that lawyers and 
politicians criticized PM Erdogan for meddling in the judicial 
process when he said that local people in Semdinli should not be 
called as witnesses in the court case since they might be 
intimidated by the PKK.  Reacting to the PM's remarks, 
Diyarbakir Bar Association head Sezgin Tanrikulu called the PM's 
words  "unfortunate" and said they had increased concerns that 
the truth about the Semdinli incident would not be revealed. 
Head of the Van Bar Association Ayhan Cubuk told the press that 
the PM's words showed his mistrust of the people.  CHP deputy 
chairman Cevdet Selvi told the press that if the government was 
convinced that witnesses are under threat, then it must take 
steps to ensure their safety. 
 
Comment 
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7. (SBU) Initial moves by the government to project the image 
that authorities are unified and sincere in their desire to 
bring about a fair and just outcome in this case are, so far, 
failing to persuade regional critics and most legal observers 
The de facto arrest of the two jandarma implicated in the case, 
the use of the organized crime statute and boosting the 
investigative team from one to three prosecutors are noteworthy, 
but public attention in the southeast is still focusing on 
parallels with past cases based on similar allegations which 
they consider whitewashes, such as the recently-announced 
"Yuksekova Gang" case and Susurluk organized crime case. 
REID