‘The state has admitted that the murder was an official crime’
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The Kızıltepe JİTEM case which was filed into the murder and enforced disappearance of 22 people in Turkey's southeastern province of Mardin in 1992-1996 ended in acquital due to statutory limitations.
Following this ruling of acquittal handed down by the Ankara 5th Heavy Penal Court on September 9, 2019, it has been understood that the Governor's Office of Mardin has undertaken to pay the attorney fees of village guards who stood trial in the case.
CLICK - Kızıltepe JİTEM Case Drops Due to Statutory Limitations, Court Says 'No Organization'
* What is JİTEM?"Gendarmerie Intelligence and Counter-Terrorism" or "Gendarmerie Intelligence Organization" (JİTEM) is the controversial wing and intelligence agency of the Turkish Gendarmerie. It is claimed that JİTEM was active in the Kurdish–Turkish conflict. After the Susurluk scandal, former prime ministers Bülent Ecevit and Mesut Yılmaz have confirmed the existence of JİTEM. According to Murat Belge of Istanbul Bilgi University, who has reported that he was tortured in 1971 by its founder, Veli Küçük JİTEM is an embodiment of the deep state. In other words, it is used by "the Establishment" to enforce alleged national interests. Source: Wikipedia |
As reported by Ahmet Kanbal from Mezopotamya Agency, the payment of the Governor's Office has been brought to light after the Ankara Bar submitted a request to the Ankara 5th Heavy Penal Court on June 29.
It has been indicated that the request in question was submitted as the Legal Counsellor's Office of the Mardin Governor's Office hesitated about the amount of money to be paid to the Ankara Bar Association for the attorneys of village guards Abdurrahman Kurğa, İsmet Kandemir, Ramazan Çetin and voluntary village guard Mehmet Emin Kurğa.
Requested to inform the Legal Counsellor's Office about the exact fee to be paid, the Ankara Bar sent an official letter to the Ankara 5th Heavy Penal Court and asked the names of the attorneys who represented the village guards in the Kızıltepe JİTEM case.
As the legal basis for the payment of the attorney fees by the Governor's Office, a reference has been made to the "Regulation on Security Guards" that entered into effect by a Presidential decree dated October 11, 2018.
'It is not right to use public funds for this'
Speaking to bianet about this recent development, Erdal Kuzu, one of the intervening attorneys in the case, has indicated that the regulation in question only covers official crimes:
"However, this trial was not about an official crime. They were facing charges of murder and the like. It is absurd that the state has considered it within the scope of duty and wanted to pay the attorney fees.
"In fact, with this action, the state accepts that these crimes are within the scope of duty. It comes to mean that it takes the blame for the crimes, there is no other explanation for this."
Noting that while the trial was still ongoing, the state institutions denied that the crimes were committed upon orders or instruction, attorney Kuzu has said, "This document is an unserious confession of this."
Kuzu has further added that "considering criminal offense within the scope of duty and using public funding for this is not right."
What happened?A lawsuit was filed against nine people in relation with the murder and enforced disappearance of 22 people in the district of Kızıltepe in Turkey's southeastern province of Mardin between the years of 1992 and 1996. The names the ones who were murdered or disappeared: Abdulvehap Yiğit, Süleyman Ünal, Mehmet Nuri Yiğit, Tacettin Yiğit, Zübeyir Birlik, Abdulbaki Birlik, Kemal Birlik, Zeki Alabalık, Menduh Demir, Nurettin Yalçınkaya, Necat (Şemsettin) Yalçınkaya, Mehmet Emin Abak, Hıdır Öztürk, Abdulvahap Ateş, Mahmut Abak, Yusuf Tunç, Şeyhmus Kaban, İzzettin Yiğit, Yusuf Çakar, Abdurrahman Öztürk, Mehmet Ali Yiğit and Abdulbaki Yiğit. Defendants of the case: Retired Colonel Hasan Atilla Uğur, Diyarbakır Provincial Gendarmerie Commander of the time Colonel Eşref Hatipoğlu, Gendarmerie Company Commander Ahmet Boncuk, Sergeant Major Ünal Alkan and the then village guards Abdurrahman Kurğa, Mehmet Emin Kurğa, Ramazan Çetin, Mehmet Salih Kılınçaslan and İsmet Kandemir. In 2014, a lawsuit was filed against these people on charges of "establishing or leading an armed organization, being members of an armed organization and killing deliberately." Before the trial started, it was transferred to Ankara for reasons of security. The first hearing of the case was held at the Ankara 5th Heavy Penal Court on March 3, 2015. The indictment was presented in the hearing on April 27, 2016. One day later, defendants deposed at court, but they stated that they would not answer the questions of complainant lawyers. In his opinion as to the accusations, prosecutor expressed the opinion that there was "no need" for arrest or judicial control measures for the defendants. The relatives of the deceased boycotted the hearing on June 24, 2016, stating that "no fair trial was held." The Ankara 5th Heavy Penal Court announced its ruling in the 19th hearing of Kızıltepe JİTEM on September 9, 2019. Complying with the opinion as to the accusations announced by the prosecutor, the court gave the following ruling on the defendants: Retired Colonel Hasan Atilla Uğur and Diyarbakır Provincial Gendarmerie Commander of the time Colonel Eşref Hatipoğlu were acquitted of "establishing and leading an armed organization". Gendarmerie Company Commander Ahmet Boncuk, Sergeant Major Ünal Alkan and the then village guards Abdurrahman Kurğa, Mehmet Emin Kurğa, Ramazan Çetin, Mehmet Salih Kılınçaslan and İsmet Kandemir were acquitted of "being members of an armed terrorist organization" as per the Article 314/2 of the Turkish Penal Code (TCK). The charges of enforced disappearance, murder and extrajudicial execution were dropped as the 20-year statutory limitations have expired. |
(AS/SD)