Top court upholds acquittals in 2005 Şemdinli bookstore bombing case

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Türkiye's top appeals court has upheld the acquittals of three people, including two military officers, in a case concerning the 2005 bombing of a bookstore in the Kurdish-majority province of Hakkari.

Two non-commissioned officers, Ali Kaya and Özcan İldeniz, and Veysel Ataş, a confessor, were nabbed while trying to escape from the area after the bombing.

Two people were killed in the bombing that targeted the Umut Bookstore in the Şemdinli district.

After years of trial, the three suspects were acquitted of "murder," "establishing an illegal organization" and "attempted murder" in December 2021.

Having examined the verdict, the 3rd Penal Chamber of the Court of Cassation concluded that there was no "conclusive, concrete and compelling evidence" that the defendants had committed the charged offenses.

While the trial was continuing, Yaşar Büyükanıt, the-then chief of the general staff, had said, "I know them, they are good boys."

Following his release from prison after eight and a half years behind bars, Kaya had said, "I'm going to visit Yaşar Büyükanıt Pasha to kiss his hands."

"No hostility"

In its verdict, the Court of Cassation said the three defendants had gone to Şemdinli for intelligence-collecting purposes.

Also, they had no hostility towards the people killed and injured in the attack, the court noted.

There were no eyewitnesses who had seen the defendants throwing the grenades, which were not in the army's inventory but known to be used by the outlawed Kurdistan Workers' Party (PKK), it further stated.

"The defendants' defenses that the hand grenades had been put in the vehicle used by the defendants afterward," said the verdict.

What happened?

A bomb attack was carried out against the Umut Bookshop in Hakkari's Şemdinli in Turkey's Kurdish-majority southeast on November 9, 2005. Ali Yılmaz and Mehmet Zahir Korkmaz lost their lives in the attack. Having launched the attack, non-commissioned military officers Ali Kaya and Özcan İldeniz and informant Veyse Ateş were caught by people while fleeing.

In the vehicle of the perpetrators, four folders with 300 pages were found, including three lists with the names of 105 people written on them as well as sketches, maps, ID cards and written permissions. Another document was also revealed; there was the picture of 18 prospective delegate candidates of the pro-Kurdish Democratic Society Party (DTP).

Following the attack, the then Commander of Land Forces Yaşar Büyükanıt, who later became the Chief of General Staff, made a statement about the suspects and said, "I know [them], they are good boys."

An investigation was launched into the attack on November 22, 2005. Ali Özcan, Özcan İldeniz and informant Veysel Ateş were arrested on November 28. Non-commissioned officers were sent to military prison.

On June 19, 2006, the Van 3rd High Criminal Court ruled that Kaya and İldeniz should be sentenced to 39 years, 10 months, and 27 days in prison on charges of "killing, establishing a gang and attempted murder." (AS/VK)