Sivas Massacre Suspect Erçakmak Nested in France

The Sivas massacre was an attack gainst Alevi intellectuals and artists. 37 people lost their lives when the Madimak Hotel in Sivas was set on fire on 2 July 1993, among them singer Hasret Gültekin, Muhlis Akarsu, philosopher Asım Bezirci, folk singer Nesimi Çimen and poet Metin Altıok.

Cafer Erçakmak is one of the defendants in the Sivas Massacre case. He is charged with being linked to the massacre and appears in photo reports of the day as trying to push Aziz Nesin off the ladder of a fire engine rescuing the victims from the burning hotel. After the plaintiffs' lawyers being informed that Erçakmak is hiding in France they started an initiative for the suspect's extradition to Turkey once the court will have confirmed the defendant's current residence.

33 convicts were sentenced to death for "trying to break the order of the constitution by force". The plaintiffs' lawyers found out only by chance that a court case had been opened in 2004 against seven of the defendants, among them also Erçakmak. The lawyers took an important step for Erçakmak's extradition to Turkey in yesterday's (1 September) heraing of the trial at the 11^th High Criminal Court in Ankara.

Court will demand Erçakmak's extraction from France

The Turkish Statistic Institute (TÜİK) informed the Civil Registry on 19 September 2007 that Erçakmak is staying in France. Thereupon the plaintiffs' lawyers applied to the court to have the defendant's residence confirmed by the French Consulate in Turkey and by the French Foreigners Department to start the process of Erçakmak's extradition.  

Lawyer Şenal Sarıhan talked to bianet about the latest developments, mentioning that is has been confirmed that Erçakmak's retirement benefits had been paid until 1998. Sarıhan said they request an inquiry to Ziraat Bank and in to the Social Security Institution about which address these payments were issued to.

Why was Erçakmak's pension benefit payment suspended in 1998?

In order to proceed with this inquiry, the lawyers handed Erçakmak's ID number and his social security number to the court. Their request was accepted. Furthermore it will be investigated why the defendant's monthly pension benefit payments were stopped in 1998. The trial is to be continued on 24 December.

Sarıhan also drew attention to the fact that the lawyers found out about an ongoing trial against the defendants Şefket Erdoğan, Köksal Koçak, İhsan Çakmak, Hakan Karaca, Yılmaz Bağ and Necmi Karaömeroğlu just by coincidence when the prosecutor wanted to close the  case because  the statute of limitation was running out after five years. Sarıhan criticized: "This is a situation against the judicial system. They did not notify us".

Not the court but a journalist informed the lawyers

Erçakmak's file was separated from the main file when he could not be arrested after the massacre. When the other defendants were caught in time, Erçakmak's file was combined with the new files of the arrested convicts. Yet, not the court informed the lawyers about this new file no. 2004/7 but a journalist found out about it. After this the lawyers applied to the court to be accepted as joint attorneys.

The Ankara 1^st State Security Court sentenced 33 defendants to death penalty for "trying to break the order of the constitution by force". The defendants' claim to benefit from the Society Reintegration Law no. 4959 was refused. The file remains at the Court of Appeals. (EÖ/VK)