Ankara JİTEM Case Ends in Acquittal as Well

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The final hearing of the the Ankara JİTEM* case filed into the enforced disappearance or illegal arbitrary execution of 19 people in the 1990s was held at the Ankara 1st Heavy Penal Court today (December 13).

As Yeşil code-named Mahmut Yıldırım is still considered "fugitive", the court has ruled for the separation of the case.

All defendants of the case, including the Minister of Interior of the time Mehmet Ağar, has been acquitted. The court has ruled that the case shall be dropped for defendant Ahmet Demirel, who died in the judicial process.

In announcing the verdict, the court board stated, "There is no evidence in the file" and did not take any objections raised by the intervening attorneys into consideration.

The court has also ruled that the case files of the related defendants shall be separated with regard to the murder of Asker Smitko and Lazem Esmailli, who are not among the 19 murdered people in this case.

'He gave me the gun to have my first experience'

No defendants attended today's hearing.

While Peoples' Democratic Party (HDP) Co-Chair Pervin Buldan and HDP MPs followed the hearing, the court board stated in the beginning of the hearing that all requests raised by the intervening attorneys in the previous hearings for identification and hearing of witnesses had been rejected.

Afterwards, the prosecutor announced his opinion as to the accusations and indicated that the statements of defendant Ayhan Çarkın were contradictory:

"In his statements, Ayhan Çarkın explained how the deceased were killed or how he heard about them in different ways. For instance, he said he saw it in the newspapers that Abdülmecit Baskın was killed by Ayhan Akça and Ziya Bandırmalı and his dead body was found in Gölbaşı. Afterwards, he said that he did not see who killed Mecit Baskın.

"He indicated that Yusuf Ziya Ekinci was captured by three people, did not know who committed the murder, but the perpetrators were special operation police officers acting upon the instruction of İbrahim Şahin.

"In the statement of Çarkın, it was recounted that Ekinci was intercepted and captured by four vehicles; after he was taken to Gölbaşı, Ayhan Akça gave him an 'uzi' gun and told him to 'have his first experience', but he threw the gun; Ekinci was killed by someone else, but he did not know by whom."

'He said that he killed for the survival of the state'

In his opinion, the prosecutor also stated that though Çarkın said that instructions were given by Şahin, his statements were contradictory and he was also inconsistent while showing the scenes of incident:

"Çarkın said, 'It is true that I got angry at journalist Nedim Şener on Arena [TV] program and said that Tarık Ümit was alive. Tarık Ümit was killed, but I do not know why he was killed.' Çarkın showed different bushes as the place where Ümit was left, no conclusions could be reached.

"Çarkın also indicated, 'I heard that Savaş Buldan was killed by these people. He was killed because he was listed among the ones who aided the terrorist organization.' But he did not give information.

"Çarkın also stated, 'It was said that Behçet Cantürk was killed for the survival of the state."

'I got us into trouble due to my substance abuse'

As indicated by the prosecutor, Çarkın also said, "I got both myself and my friends into trouble due to my substance abuse, I underwent treatment in prison. I made a mistake, I am innocent." The prosecutor also reminded that Çakır said in his later statements, "My aim was to take revenge. That's why I brought the institutions of the state under suspicion.'

Indicating that "there were no objective or subjective evidence that would reveal the material fact against the defendants", the prosecutor requested the acquittal of all defendants. "As 25 years have passed since then, it is impossible to acquire new evidence. The defendant benefits from the suspicion", added the prosecutor.

'Murders were within knowledge of state institutions'

After the prosecutor announced his opinion as to the accusations, the intervening attorneys presented their statements.

Attorney Mehmet Emin Aktar said, "The opinion as to the accusations is not surprising. We knew that the trial that continued without defendants would not result in justice. It is obvious that the gun used in two different murders, one in Ankara and the other in İstanbul, was the same 'uzi' gun, there are ballistics, there is evidence... No matter what verdict you will give, the defendants are convicted in our conscience."

The attorneys also indicated that the murders were committed within the knowledge of the government, the National Security Council (MGK) and military intelligence units.

Attorney Murat Yılmaz from the Progressive Lawyers Association (ÇHD) also stated, "This opinion as to the accusations is not surprising at all. Yes, states are murderers, the gangs within the state committed a crime. It is known by you and us as well as by the attorneys of the defendants. It is not something independent from the government. Any judge would give the same judgement as you because the government made a deal with Mehmet Ağar and did election works with him. We know that the judgement to be given will not be independent."

In response to these remarks, the Presiding Judge objected, saying "You are wrong about the independence."

The attorneys also reminded the court board that the Forensic Medicine Institute issued a report indicating that Ayhan Çarkın was mentally stable and said that these remarks were not the only evidence in the file.

Attorney Güray Özdoğan added, "As there is currently a gang operating within the state, we know that what judgement will be given here."

The attorneys of the defendants stated that they agreed with the opinion as to the accusations. Announcing its verdict after the break, the court board has ruled that all of the defendants shall be acquitted.

What happened?

On December 20, 2013, a bill of indictment was prepared on the perpetrators who caused the death of businesspeople and writers in the 1990s.

According to the indictment, the defendants were accused of murdering Abdülmecit Baskın, Namık Erdoğan, Metin Vural, Recep Kuzucu, Behçet Cantürk, Savaş Buldan, Haci Karay, Adnan Yıldırım, İsmail Karaalioğlu, Yusuf Ekinci, Ömer Lutfi Topal, Hikmet Babataş, Medet Serhat, Feyzi Aslan, Lazem Esmaeılı, Asker Smıtko, Tarık Ümit, Salih Aslan and Faik Candan.

Defendants of the case were Mehmet Ağar, İbrahim Şahin, Korkut Eken, Ayhan Çarkın, Ayhan Akça, Ziya Bandırmalıoğlu, Ercan Ersoy, Ahmet Demirel, Ayhan Özkan, Seyfettin Lap, Enver Ulu, Uğur Şahin, Alper Tekdemir, Yusuf Yüksel, Abbas Semih Sueri, Lokman Külünk, Mahmut Yıldırım, Nurettin Güven, Muhsin Korman.

The defendants were put on trial at the Ankara 1st Heavy Penal Court and charged with "killing people as part of the activities of an armed organization established to commit crimes." (AS/SD)