Special hearing for former Interior Minister in 'Return to Life Operation' case

The then-Interior Minister Sadettin Tantan has been ordered a special hearing by the court in today's (5 October) hearing of the trial of the "Return to Life Operation" case, related to the deadly operation at prisons back in 2000. The date of the hearing will not be disclosed to the intervening party. 

32 people, 2 soldiers and 30 detainees had lost their lives in the "Return to Life Operation" on December 19, 2000, carried out simultaneously at twenty prisons. 

The 50th hearing of the trial, taking place at Bakırköy 13th Heavy Penal Court, was held today. Sadettin Tantan, who had been called as a witness by the court in the last four hearings, did not attend this hearing either.

In its interim decision, Bakırköy 13th Heavy Penal Court ruled that "Tantan, who has a special protection status, should be heard by the court through SEGBİS (Audio and Video Information System) on a date determined by the court, considering his request that his testimony should be taken in a way that would not expose him to an open threat."

"A procedure not covered by the law, a person-specific method"

Güçlü Sevimli, one of the intervening lawyers, told bianet that this decision is contrary to both the law and the Criminal Procedure Code (CMK):

"The opening of a secret hearing is a procedure that has no place in the CMK; it is a person-specific method. Tantan clearly conveyed to the court that he had no intention of appearing before us, and the court, in order to prevent the file from lingering, found a middle ground.

However, Sadettin Tantan was not only the Interior Minister of the period but also an official who informed the public during and after the operation, advocating the operation and F-type prisons on TV channels every day. He is now avoiding coming to the trial related to the same incident after 23 years, even as a witness, and shying away from answering questions posed by intervening lawyers, despite his strong support for the operation at the time.

"He probably thinks he can't defend the operation anymore"

According to Lawyer Sevimli, "In my opinion, Tantan, who defended the actions by giving statements to the press every day after the operation, probably thinks that he can no longer stand behind the operation, cannot defend it 23 years later, with the emergence of documents and facts related to the massacre. His non-appearance at the trial, his reluctance to face questions probably stems from this."

Lawyers will submit their questions in writing

Bakırköy 13th Heavy Penal Court has requested that intervening lawyers submit their questions which they want to ask Sadettin Tantan in writing within 30 days.

Lawyer Sevimli stated that they would convey their questions to the court but that they would not be able to ask additional questions they wish to pose upon Tantan's answers.

What Happened?

The court decided to hear Sadettin Tantan, who was the Interior Minister during the "Return to Life Operation," 21 years after the incident.

During the 44th hearing of the trial held on December 9, 2021, Bakırköy 13th Heavy Penal Court ordered the testimonies of the former Interior Minister Tantan and former Director of Prisons and Correctional Facilities, Ali Suat Ertosun.

Güçlü Sevimli, one of the intervening lawyers in the case, commented on this decision, saying, "21 years after the operation, the two individuals responsible for the operation, the former Interior Minister, and the Director of Prisons and Correctional Facilities, will be heard, even if as witnesses, for the first time. We have been requesting the testimony of these individuals for years, and it has been constantly rejected. This is a significant development as they will be heard in court, especially considering that there is an operational plan signed by Tantan."

Following this decision by the court, a letter was sent to the Ministry of Interior regarding Tantan. The Ministry responded in the next hearing with the statement, "Tantan's current address cannot be found," so a summons could not be sent to Tantan for his testimony.

Later, in a subsequent hearing, Tantan informed the court that he could not attend the hearing due to "security risks." In an attempt to overcome this excuse, the court ordered Tantan to testify via the Audio and Video Information System (SEGBİS) during the previous hearing. However, Tantan did not participate in this hearing either, providing a health report to the court as the reason.

In today's hearing, Tantan did not attend without providing any excuse.

OPERATION BACK TO LIFE

Ex-Interior Minister Sadettin Tantan does not appear at court, reports sick

26 January 2023

 (AS/PE)