US embassy cable - 03ANKARA1422

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 001422 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE AND EUR/AGS 
 
 
E.O. 12958: DECL: 03/05/2008 
TAGS: PGOV, PREL, PHUM, TU 
SUBJECT: CASE AGAINST GERMAN FOUNDATIONS DISMISSED 
 
 
REF: A. ANKARA 855 
     B. 02 ANKARA 7680 
 
 
Classified by Acting Political Counselor Nicholas S. Kass 
Reason: 1.5(b)(d). 
 
 
1. (C) Summary: An Ankara court unanimously dismissed 
separatism and espionage charges against representatives of 
five German pro-democracy foundations.  German diplomats 
welcomed the decision, but are concerned that the foundations 
might still face restrictions and harassment.  This case, 
based on extremely dubious evidence, illustrates the 
influence of Kemalist ultranationalists in the bureaucracy. 
End Summary. 
 
 
2. (U) An Ankara State Security Court ruled unanimously March 
4 to dismiss for lack of evidence the case against 15 
defendants charged with separatism and espionage (reftels) 
for their work on behalf of five German democracy 
foundations.  The defendants included the leaders of the 
Turkey branches of the Friedrich Ebert, Konrad Adenauer, 
Heinrich Boll, and Friedrich Naumann foundations, as well as 
the Orient Institute.  The charges against the foundations 
included accusations that the groups plotted to prevent an 
Australian mining company from mining gold in a village near 
Bergama in Turkey's Aegean Region.  A book written on the 
subject by the late Necip Hablemitoglu comprised the bulk of 
the evidence. 
 
 
3. (C) Both the MFA and the German Embassy issued statements 
welcoming the decision, and declaring that relations between 
the two countries have not been harmed.  However, two German 
diplomats told Poloff March 5 the long-term impact of the 
case will depend on how freely the foundations are able to 
operate in the future.  The foundations to date have not been 
able to attain legal status in Turkey.  During the trial, the 
Interior Ministry prepared as evidence a highly politicized 
report on the foundations' finances.  This report, the 
diplomats said, consists of "outrageous" accusations that the 
German Ambassador controls the foundations as part of a 
secret campaign to undermine the Turkish state and promote 
 
SIPDIS 
separatism.  Lawyers for the foundations are planning legal 
action against the report. 
 
 
4. (C) The diplomats said they would have preferred a full 
acquittal, but given the flimsy evidence in the case a 
dismissal was probably the only viable option open to the 
court.  In addition, German and other outside pressure 
apparently forced the court to expedite the case, which began 
December 26 and was completed in record time by Turkish 
standards.  German Interior Minister Schily raised the issue 
during his meetings in Ankara March 3, and German FM Fischer 
raised the issue in a January 23 meeting in Istanbul with PM 
Gul (reftel A).  The diplomats said they did not believe 
there would be further legal action in the case; they had no 
information about press reports that an attorney representing 
defendants in the case not directly connected to the 
foundations plans to sue the prosecutor. 
 
 
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Comment 
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5. (C) This case illustrates the pervasive influence of 
nationalists who hold key positions in the bureaucracy.  A 
wide range of Embassy GOT contacts acknowledged that the 
indictment in this case -- filed by controversial prosecutor 
Nuh Mete Yuksel the day before he was demoted in a sex 
scandal -- was baseless and ridiculous.  But many prosecutors 
are keen to wield their power against foreigners, outsiders, 
human rights activists, and other alleged miscreants they 
perceive as a threat to the State.  The law gives them broad 
leeway to levy charges based on anything they deem 
"evidence,"  and judges do not have the authority to dismiss 
even the weakest indictments without holding at least one 
hearing. 
 
 
6. (C)  It is noteworthy that the late Hablemitoglu's 
writings served as the principal evidence, such as it was, in 
the case. Hablemitoglu was a notorious Kemalist who accused 
the U.S. of supporting Islamic "reactionaries" in order to 
threaten the secular Turkish establishment.  Murdered under 
still mysterious circumstances outside his home last Dec. 18, 
Hablemitoglu's funeral was a high-profile Kemalist 
testimonial attended by President Sezer, the TGS leadership, 
and other.  Even the Islam-oriented P.M. Gul felt compelled 
to attend, lest his non-appearance be "misread" by 
Hablemitoglu's ideological sympathizers in the mainstream 
press. 
PEARSON