Kızıltepe JİTEM Case Drops Due to Statutory Limitations, Court Says ‘No Organization’

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"If the defendants are not still protected by the state, we believe that a just verdict will be given."

The Ankara 5th Heavy Penal Court announced its ruling in the 19th hearing of Kızıltepe JİTEM* case today (September 9).

Speaking to bianet before the verdict was announced, intervening lawyer Nuray Özdoğan made the above remarks about the case.

Complying with the opinion as to the accusations previously announced by the prosecutor, the court has given the following ruling on the defendants:

Retired Colonel Hasan Atilla Uğur and Diyarbakır Provincial Gendarmerie Commander of the time Colonel Eşref Hatipoğlu have been acquitted of "establishing and leading an armed organization".

Other defendants 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 have been 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 have been dropped as the 20-year statutory limitations have expired.

'Existence of JİTEM detected by the prosecutor'

Today's hearing was attended by representatives from the Truth Justice Memory Center, main opposition Republican People's Party (CHP) Vice Chair and İstanbul MP Sezgin Tanrıkulu, some lawyers of defendants and lawyers of the intervening families.

Speaking in the hearing, lawyer Erdal Kuzu indicated that the murders of Yusuf Çakar, Mehmet Ali Yiğit and Abdulbaki Yiğit in different places and at different times were committed with the same weapon, but the relation among those murders was not investigated.

"The activities of the organization called JİTEM are clearly put forward in the indictment and it is detected by a public prosecutor that what happened in Kızıltepe was just the tip of the iceberg", lawyer Kuzu stated.

'Dead bodies thrown into wells in a security zone'

Reminding the court board and the audience that "four dead bodies from different times were discovered in a well in Aysun village in Kızıltepe", Kuzu indicated that while the trial as to two dead bodies is heard by this court, the trial as to the other two is heard by the Adıyaman 1st Heavy Penal Court.

"That case is still going on, we request these files be combined. We request that the relation among the murders be investigated", he said.

Indicating that other dead bodies were also found in wells in three villages in the region, Kuzu said, "All of these three villages were evacuated for reasons of security in 1993 and 1999. Therefore, the exits from and entries to these villages were controlled by security forces. Dead bodies were thrown into the wells in a security zone under the control of security forces."

'They said "We fulfilled the duty given by the state"'

Concluding his remarks, lawyer Kuzu stated, "With the evidence in the indictment, the existence and activities of the JİTEM have been documented. We expect a bold attitude from the court. The defendants have not denied it anyway, they said, "We fulfilled the duty given to us by the state."

Speaking in the hearing, lawyer Senem Doğanoğlu stressed that as per the TCK no. 765, which was in effect at the time of offense, the statutory limitations stopped when the indictment was prepared.

She also indicated that statute of limitations cannot be applicable to the defendants who commited a crime while they were on duty.

Doğanoğlu further emphasized that the actions put on trial are crimes against humanity and there are not statutory limitations for such crimes.

(AS/SD)