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Threats in Semdinli Case, 'Don't Dig in'

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  • #1

    Threats in Semdinli Case, 'Don't Dig in'

    Threats in Semdinli Case, 'Don't Dig in'
    By Habib Guler, Ankara
    Published: Monday, January 09, 2006
    zaman.com


    "I was threatened," told Mesut Deger, member of the main opposition Republican People's Party (CHP), and member of the Parliamentary Investigation Commission established to launch a probe into the Semdinli incidents.

    Distributing details from the latest anonymous letter received from Diyarbakir to journalists, Deger said he would not succumb to any pressure, reminding that he is willing to sacrifice his life for the preservation of Turkey's unitary integrity. Confirming the continuation in the fight against terrorism, Deger underlined: "We are working on behalf of the parliament. It is the parliament's task to reveal the truth. We are not trying to target anyone in particular. This is our state and our government. If they want to know who is trying to split this country, they had better look elsewhere."


    Mr. Deger, one of the main members of the parliamentary commission who struggled to shed light on the Semdinli episode, a terror incident that broke out when a bookstore was bombed on November 9. “These incidents should be brought to light,” Deger relayed at every occasion, has decided to submit a motion to parliament; however, his determination has caused trouble for some people.


    The CHP deputy received an anonymous threat on Saturday, demanding that he should not to interfere with issues such as the Semdinli episode. The Semdinli Commission, Deger told Zaman, was established to shed light on illegal and criminal activities and organizations.


    The Turkish Grand National Assembly (TBMM) will naturally conduct an investigation and even the smallest details will be used as evidence in the report that will be prepared, and the details of which will be released to the public, Deger vowed


    Advising that he has some idea about who the author of the letter is, Deger told that he has applied to Diyarbakir Public Prosecutor of Special High Crimes to launch an inquiry into the letter and for those responsible.


    "I want this letter to be officially investigated. It is handwritten. Obviously, its author is not your average person. The letter is aimed at trying to shut me up. I have received such threatening letters before, but I tore them all up."
    Tags: None
  • #2
    Indictment on Semdinli Stirs Ankara

    Indictment on Semdinli Stirs Ankara
    By Zaman, Ankara
    Published: Tuesday, March 07, 2006
    zaman.com


    The indictment Van Prosecutor Ferhat Sarikaya prepared on the Semdinli case has changed the agenda in the Turkish capital over the last few days.

    Land Forces Commander Gen. Yasar Buyukanit is accused of "influencing the judiciary" and "of forming an organized crime gang."

    Chief of Turkish General Staff Gen. Hilmi Ozkok met Buyukanit and other force commanders yesterday morning. The steps to be taken were discussed in detail. The indictment is taken in an attempt to hamper the possible assignment of Buyukanit to the chief of the staff after Ozkok resigns in June. The Chief of General Staff following the meeting requested a meeting with Prime Minister Recep Tayyip Erdogan and the two met for an hour yesterday. In the afternoon, Prime Ministry Spokesman Akif Beki issued a statement saying that Erdogan, through the media, is following the statements related to Buyukanit mentioned in the indictment. Beki said this is an issue independent of the government and is related to the judiciary. The ruling Justice and Development Party Acting Parliamentary Group Leader Irfan Gunduz held a press conference at parliament and said, "A link is trying to be established between the government and the indictment. I oppose this."

    Gen. Buyukanit defends himself: I am honored to be tried

    Buyukanit giving his assessments to Hurriyet daily on the allegations made against him in the indictment, said he will be honored to be tried and added, “I will defend myself. This is an honor for me. I dedicated my life to the existence of the Republic of Turkey, I fought in the mountains for this case and I will voice my opinions at court.”

    Cicek points at the legal process: Neither Army nor Judiciary has substitute

    Government Spokesman Cemil Cicek made assessments about the charges against Buyukanit as, "Neither the Army nor the Judiciary has substitutes." Everyone is innocent until proven guilty Cicek reminded. “My government and I regard the Turkish Armed Forces as one of the distinguished institutions of the country," he added. As for the claims suggesting that this is an attempt to block Buyukanit from advancing in the general staff, Cicek said these are baseless.

    2 different comments from main opposition

    Baykal: Coup attempt against the military

    To the indictment of the Semdinli Case, Turkey's main opposition Republican People's Party (CHP) made two different comments. CHP leader Deniz Baykal said after national education, it is now time to intervene in the Turkish Armed Forces. "There is a coup attempt against the Armed Forces," he claimed.

    Canan: Prosecutor did his job

    However, an eyewitness to the incidents that took place in the southeastern Turkish town of Semdinli in November, CHP Hakkari Representative Esat Canan, has different opinions. According to Canan, the prosecutor did his job and the discussions should not to be taken to a different point, he underlined. Canan added. "No one has the right to intervene in the judicial process. Those who were previously reluctant are now becoming unnerved

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    • #3
      Semdinli Case Marks Turkish Political Agenda

      Semdinli Case Marks Turkish Political Agenda
      By Zaman, Ankara
      Published: Tuesday, March 07, 2006
      zaman.com


      The charges against Turkish Land Force Commander Yasar Buyukanit by Van Chief Public Persecutor in the Semdinli indictment led to some tense hours in the capital Ankara yesterday.

      Chief of General Staff Hilmi Ozkok discussed the accusations with Buyukanit early in the morning.

      Ozkok requested an appointment from Turkish Prime Minister Recep Tayyip Erdogan following the negotiation meeting held in the General Staff Headquarters. Reportedly, Ozkok expressed his discomfort about the events to Erdogan.

      Meanwhile, the Chief Public Persecutor’s Office declared that the indictment delivered to the Third High Criminal Court on Friday was only given to the Parliamentary Semdinli Research Commission. The commission members, however, claimed they heard of the indictment via the press. Lawyers for the aggrieved think the court is under pressure to reject the indictment.

      Public Prosecutor Ferhat Sarikaya reported in his indictment that two noncommissioned officers and a Kurdish Workers' Party (PKK) confessor are responsible for the November 9 Semdinli blast. Accordingly, General Buyukanit faces serious charges.

      The general says of Noncommissioned Officer Ali Kaya, "I know him. He is a good boy," but he is accused of “having established an organized crime gang" and "influencing a fair judgment." The inquiry dossier on Buyukanit was sent to the General Staff Military Prosecutor Office.

      Comment

      • #4
        Turkey to probe prosecutor pursuing top general

        (Reuters)

        8 March 2006



        ANKARA - Turkey’s Justice Ministry said on Wednesday it was investigating a regional prosecutor whose efforts to indict a top general have triggered tensions between the country’s powerful military and the civilian authorities.


        Ferhat Sarikaya, chief prosecutor of Van province, accuses General Yasar Buyukanit of abusing his position and setting up an illegal group whose aim he alleges is to foment unrest in the mainly Kurdish southeast and harm Turkey’s bid to join the EU.

        The allegations have outraged the military and embarrassed the government, which has swiftly distanced itself from the prosecutor’s claims and defended Buyukanit -- number two in Turkey’s military hierarchy.

        But some media have claimed elements within the ruling AK Party, which has Islamist roots, secretly support the prosecutor’s claims because they want to undermine Buyukanit, an outspoken defender of Turkey’s secular political order.

        Buyukanit, who has said he will be happy to defend himself in court if need be, is tipped to become chief of the General Staff when incumbent Hilmi Ozkok retires in August.

        “The Justice Ministry’s inspection board has launched an investigation of the Van Republican Prosecutor Ferhat Sarikaya,” the state Anatolian news agency reported.

        It said two inspectors would shortly travel to Van, in eastern Turkey, to investigate the prosecutor.

        Buyukanit served in southeast Turkey between 1997 and 2000. Security forces have been battling Kurdish separatist rebels in the impoverished region since 1984 in a conflict which has claimed at least 30,000 lives.

        Claims
        The Van prosecutor says the illegal group allegedly set up by Buyukanit was behind the blowing up of a bookshop in the eastern town of Semdinli last November with the aim of provoking the government into blocking further freedoms for Kurds, thus jeopardising Turkey’s European Union membership talks.

        Sarikaya also accused Buyukanit of trying to influence the judicial process by praising one of two paramilitary intelligence agents charged in connection with the bombing.

        The bookshop blast killed one person and sparked clashes between pro-Kurdish demonstrators and Turkish security forces in which several more people were killed.

        Reflecting the military’s anger over the accusations levelled against Buyukanit, Ozkok has held emergency talks with both Prime Minister Tayyip Erdogan and President Ahmet Necdet Sezer this week over the affair.

        Erdogan has appealed for calm and has accused elements within the media and the parliamentary opposition of trying to stir up tension between the military and the judiciary for short-term political gain.

        The chief prosecutor of Turkey’s Supreme Court, Nuri Ok, was also quoted on Wednesday as criticising the Van prosecutor’s move, saying the judiciary should not become an instrument for pursuing political ends.

        Turkey began EU membership talks last October, though it is not expected to join the wealthy bloc before 2015 at the earliest. The military has not opposed Turkey’s EU-linked reforms, including those which clip the army’s own powers.
        "All truth passes through three stages:
        First, it is ridiculed;
        Second, it is violently opposed; and
        Third, it is accepted as self-evident."

        Arthur Schopenhauer (1788-1860)

        Comment

        • #5
          Semdinli Indictment in the World Press

          Semdinli Indictment in the World Press
          By Foreign News Desk, Istanbul
          Published: Thursday, March 09, 2006
          zaman.com


          The case opened by Prosecutor Ferhat Sarikaya about blasts occurring in Semdinli on November 9 has attracted the interest of the foreign press.

          Foreign newspapers and agencies drew attention to the indictment that charges Land Forces Commander Gen. Yasar Buyukanit with "forming illegal organization" and "misusing his post and trying to influence the judiciary."

          The Western press is drawn to the indictment prepared by Sarikaya and where the name of Buyukanit is referred to, while claims that the General "formed an illegal organization" and "misused his post and tried to influence the judiciary" have been largely handled by the European press.

          The British daily Independent ran the headline "Senior general stoked Kurdish conflict to keep Turkey out of EU'" and wrote Sarikaya, in his indictment on Semdinli incidents, accused Gen. Buyukanit of setting up an illegal force to create unrest among the Kurdish separatists and security forces. The newspaper reported under Turkish law, armed forces members cannot be tried in civilian courts, reiterating that Buyukanit and other officers could only be tried if a military prosecutor decided to take up the investigation.

          In his hundred page indictment, the prosecutor accused the general and other senior officers of setting up an illegal force to create unrest among the Kurds that would undermine Turkey's application to join the EU, the Independent wrote.

          For many, the Semdinli bookstore bombing brought back memories of the 1990s – years of peak conflict - when rogue elements in security forces were accused of executions, extortion and kidnappings. Turks refer to those elements as a hidden "state within a state," the Independent wrote. The murky decade has yet to be investigated, the article continued, though Turkey's generals are widely seen as guardians of the pro-Western, secular system introduced by the founder of modern Turkey, Kemal Ataturk, their powers have been scaled back recently in keeping with EU reforms.

          On the other side of the Atlantic, The Los Angeles Times commented "The Turkish media is reporting a prosecutor has called on the Turkish military to investigate a top general over allegations that the officer tried to set up a rogue force that would undermine the country's bid to join the European Union. The move sparked fresh tensions between Turkey's fiercely pro-secular army and its Islam-rooted government."

          The newspaper, just like the Independent, emphasizes some top level authorities in the army fear that EU reforms could reduce the influence of the armed forces and encourage separatist feelings among the country's Kurdish minority.

          Claims about the Land Force commander have been a matter of news in international news agencies as well.

          An Ankara-based Reuters news report said Prosecutor Sarikaya launched an investigation about Buyukanit by accusing him of abusing his position, "setting up an illegal group" and "influencing the judiciary" in order to harm Turkey's EU membership bid. The agency reminded the general served in southeast Turkey with a majority Kurdish population between 1997 and 2000, and an armed battle against the terrorist organization Kurdish Workers' Party (PKK) claimed more than 30,000 lives.

          Agence France Press (AFP) relayed the EU regards the Semdinli case as a test in terms of the supremacy of law in Turkey and is keeping a close eye on it.

          AFP quoted Buyukanit's words "I would be proud to be tried of such a crime," as they noted the army charged with preserving the secular system of a Muslim country has an important place in Turkish politics and Buyukanit is perceived as a hawk in the army. AFP reiterated that Buyukanit will take over as Chief General Staff a few months later and commented "Accusations aim at discrediting Buyukanit."

          Comment

          • #6
            Complaint Against Semdinli Commission Chair

            Complaint Against Semdinli Commission Chair
            By Cihan, Istanbul
            Published: Friday, March 10, 2006
            zaman.com


            Opposition Republican People Party (CHP) Deputy Atilla Kart lodged has initiated legal proceedings against Semdinli investigation commission chair Musa Sivacioglu.

            Kart claimed the commission chair had violated regulations by granting commission records to the Van Prosecutor who prepared the indictment file on the Semdinli blast and ensuing incidents.

            Comment

            • #7
              Accused commission head: What I 'leaked' was unimportant

              Accused commission head: What I 'leaked' was unimportant

              The New Anatolian / Ankara



              Defending himself against allegations of "leaking" information to a prosecutor, Semdinli commission head Musa Sivacioglu said yesterday that the information he passed on was very insignificant and what he did was strictly legal.

              Other members of the commission, however, accuse the ruling Justice and Development Party (AKP) deputy of fueling the prosecutor's venom against Land Forces Commander Gen. Yasar Buyukanit, who was accused of "interfering in the judicial process."

              Musa Sivacioglu, the head of the commission and AK Party Kastamonu deputy, spoke about the claims against him on Meclis TV.

              "The information I sent is but a small portion of the overall testimony," he said.

              The term of the parliamentary commission, set up to probe the Semdinli incidents that broke after two suspicious bombings and civil unrest last November, has been extended for another month, ending in May.

              The commission head also said that the records about the testimony of Diyarbakir businessman Mehmet Ali Altindag is less important than other records.

              The Semdinli indictment released by Van Chief Public Prosecutor Ferhat Sarikaya earlier this week created a firestorm of controversy regarding the role of the military both in the Semdinli bombing and in allegedly interfering in the judiciary.

              CHP members especially argued that the testimony of Altindag, who is also the owner of Diyarbakir-based daily Soz and TV station, was deliberately submitted to the prosecutor.

              Prosecutor Sarikaya's father-in-law was reported to be an AK Party member, thus bolstering claims that the government is involved with the indictment. On the other hand, Sivacioglu said that the claims were totally unfounded.

              Asked who invited Altindag to testify, Sivacioglu reiterated that Altindag wasn't the only businessman to speak to the commission. He added that Altindag's name was mentioned in many different testimonies and the deputies of Diyarbakir know the situation.

              In related news, AK Party Diyarbakir Deputy Cavit Torun, accused of sending Altindag to the commission, made a declaration yesterday denying that he had done so.

              Comment

              • #8
                CHP's Kart denounces Semdinli Commission head

                CHP's Kart denounces Semdinli Commission head

                The New Anatolian / Ankara



                A main opposition Republican People's Party (CHP) deputy filed a complaint on Friday against the head of Parliament's Semdinli commission, already accused of leaking information on the commission's findings and testimony.

                CHP Deputy Atilla Kart was also accused of interfering in the judiciary on Thursday by lawyers acting on behalf of the owner of a Semdinli, Hakkari bookstore which was bombed last November.

                Semdinli commission head Musa Sivacioglu, also Kastamonu deputy of the ruling Justice and Development (AK) Party, admitted to allegations on Thursday charging him with sending relatively important testimony, without consent of other members of the commission, to Van's public prosecutor, but said that he sent the testimony at the request of the prosecutor, who attached it to a controversial indictment about the Semdinli bombings.

                The testimony in question created a flare-up since it included serious allegations against Land Forces Commander Gen. Yasar Buyukanit. The indictment in question caused the prosecutor to face a Justice Ministry probe to discover whether he acted outside the limits of his authority.

                Gen. Buyukanit was accused in the indictment of "interfering in the judicial process" as well as establishing a crime gang in the southeast to pursue financial gains. Since the prosecutor cannot prosecute a military official, he separated the testimony and sent it to General Staff headquarters urging the chief of general staff to open an investigation into Buyukanit.

                The dramatic controversy over the indictment caused the judiciary to raise its voice in order to warn politicians and other state officials to watch their statements to avoid interfering in the legal process.

                The judiciary has been disturbed by the behavior of politicians who make statements it sees as risking interference in judicial matters over controversial legal issues, as previously occurred in several legal cases last year, sparking a fierce debate between the judiciary and the government.

                The bookstore owner, Seferi Yilmaz, also filed a complaint with the public prosecutor against main opposition Republican People's Party (CHP) leader Deniz Baykal and Motherland Party (ANAVATAN) leader Erkan Mumcu for interfering in the legal process.

                CHP's Kart claimed that Sivacioglu interfered in the judiciary through illegally sending the testimony to the prosecutor, after submitting his complaint to the Ankara Public Prosecutor's Office.

                On the other hand, Parliament Constitution Commission head Burhan Kuzu backed Sivacioglu by stating that his behavior is not an offense since he might have sent the testimony in accordance with a law which obliges people to tell appropriate bodies about possible offenses.

                He said that parliamentary investigation commissions have to submit tips, complaints, or testimony which claim the existence of an offense, to relevant authorities, and he added that commissions, after finishing their work, should submit all findings to public prosecutors.

                He also mentioned that Prosecutor Sarikaya made a procedural error through bypassing the Justice Ministry and directly applying to the commission but added that the prosecutor's mistake doesn't bind the commission head.

                Under the law, public prosecutors should apply to the Justice Ministry, which is the authority to deal with the remaining parts of the procedure. The ministry then applies to the Parliament Speaker's Office and conveys the prosecutor's request for information. The Parliament Speaker's Office informs the commission about the request and they then decide whether or not to send the information.

                Parliament Speaker Bulent Arinc, a former lawyer, also legally evaluated the behavior of the Semdinli commission head, and clearly said: "Yes, he can send it."

                "The request came from the public prosecutor's office, which has right to access information wherever it is," Arinc added.

                BOX: ANAVATAN digs deep to prove govt involvement in Semdinli indictment

                SPOT: Saribas says govt backs controversial businessman whose testimony fingered Buyukanit

                The New Anatolian / Ankara

                Motherland Party (ANAVATAN) deputy group leader Suleyman Saribas on Friday claimed that the government is backing businessman Ali Altindag, who gave the controversial testimony accusing Land Forces Commander Gen. Yasar Buyukanit. He said, "Altindag won several tenders opened by the Prime Ministry Housing Development Administration (TOKI) in the last two years," and urged the government to explain how he won trillions in tenders.

                He also claimed that Altindag was deliberately sent to the commission to accuse the commander, adding that AK Party Deputy Cavit Torun's suggestion to hear the businessman is recorded in commission minutes.

                AK Party Diyarbakir Deputy Cavit Torun, once a lawyer of the businessman in a case in which Altindag was facing charges of being a member of terrorist Hizbullah, made a declaration on Thursday denying that he had sent Altindag to the commission.

                Comment

                • #9
                  Jurists divided over Semdinli indictment

                  Jurists divided over Semdinli indictment

                  The New Anatolian / Ankara



                  The controversy over the Semdinli indictment divided jurists Friday following disagreement in the political arena and even the ruling party itself.

                  The Antalya Bar Association head argued in favor of sending information and documents to the General Staff and claimed the prosecutor had violated the law, but on the other hand, the Diyarbakir Bar head backed Van Chief Public Prosecutor Ferhat Sarikaya and warned that the judiciary is being politicized.

                  Antalya's Mehmet Zeki Durmaz said that an alleged leak of information by Semdinli Commission head Musa Sivacioglu was disturbing for the judiciary, and he also found it improper.

                  "The General Staff should be the authorized body to decide whether or not to file charges," Durmaz said.

                  Saying that both the military and judiciary are two irreplaceable bodies in Turkey, Durmaz called on everyone from public prosecutors to politicians to be more careful on the issue.

                  In direct opposition, Diyarbakir's Sezgin Tanrikulu called attention to the controversies and the repercussions from the Semdinli indictment's release and added that the developments to date are quite concerning.

                  Speaking at a Friday press conference about the Semdinli indictment and its aftermath, Tanrikulu said that everyone should be respectful of the judiciary.

                  According to Tanrikulu, the developments about the leak and the launch of a probe against the prosecutor show how far Turkey is from achieving judicial independence. He also argued that the prosecutor's private life is being questioned.

                  ARABASLIK: Retired general, NGO claim indictment a 'plot' against army

                  Retired Gen. Hursit Tolon on Friday claimed that the indictment that directs accusations at Buyukanit is designed to shatter the Turkish nation's trust in the Turkish Armed Forces (TSK) and to block the general's becoming chief of General Staff.

                  Tolon asserted that the issue is completely political and not judicial. He defended the general against the indictment that accuses him of interfering with the judiciary, referring to the relevant articles of the Turkish Penal Code (TCK).

                  A group of lawyers attached to the Ankara Bar, who have formed a body of national independent jurists, also supported Buyukanit.

                  In a written statement released on Friday, the non-governmental organization (NGO) claimed that imperialist circles were targeting the TSK and wanted to change the public's attitude towards the army, since these groups were reportedly irked by the support given to the European Union and an increase of anti-Americanism.

                  Comment

                  • #10
                    Semdinli to be new 'stage' for Nevruz

                    Semdinli to be new 'stage' for Nevruz

                    The New Anatolian / Ankara



                    The Democratic Society Party (DTP) said Friday that it would hold a four-day Kurdish spring festival for Nevruz in Semdinli, the heart of recent controversies in the wake of two suspicious bombings and civil unrest last November.

                    One of the districts of Hakkari, Semdinli, again in the spotlight this week with the Van Public Prosecutor's Office's indictment including accusations against Land Forces Commander Gen. Yasar Buyukanit, is going to be the new "stage" for this year's Nevruz celebrations.

                    The main slogan of the celebrations will be "Let's Enlighten Turkey Starting from Semdinli." On the first day of the celebrations organized by the DTP, next Saturday, the party's co-leaders, administrators and all of its mayors are expected to attend.

                    Intellectuals and artist have also been invited to the celebrations to be held in Semdinli. The organizers are working hard in order to ensure that a big crowd takes part.

                    At the same time, security forces are tightening security measures throughout the entire Nevruz festival days, guarding against the possibility of attacks.

                    The annual Kurdish spring festival was stressed at the latest meeting of the National Security Council (MGK), a council gathering both military and government leaders, fearing that the terrorist Kurdistan Workers' Party (PKK) could plot mass attacks.

                    In a notice this week, the Interior Ministry said that celebrators and demonstrators should only use the Turkish flag, and also ordered the police to take necessary precautions and measures.

                    Under tight security measures, the DTP is going to hold Nevruz celebrations for four days in total at 62 venues.

                    After Semdinli on next Saturday, DTP-organized festivals will be held in Istanbul on Sunday, March 19 and Mersin. The party is expected to organize big demonstrations in Diyarbakir, Batman and Van on March 21, the exact date of Nevruz.

                    Speaking to the Anka news agency, DTP's co-leader Aladdin Erdogan asserted that this year's Nevruz will feature celebrations symbolizing Turkey's yearnings for peace, fellowship and democracy.

                    Criticizing the notice of the ministry as being incompatible with the Nevruz spirit, the DPT's Erdogan expressed hope that this year's Nevruz celebrations would contribute to Turkey's processes of peace, democratization and bringing a solution to the Kurdish problem.

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