Click to read the article in Turkish / Kurdish
Caught red-handed in the bomb attack against the Umut (Hope) Bookshop in Şemdinli in Turkey's Kurdish-majority southeastern province of Hakkari, non-commissioned military officers Ali Kaya and Özcan İldeniz and informant Veysel Ateş have been acquitted in the retrial.
Sentenced to 39 years, 5 months, 10 days in prison twice before and with their prison sentences overturned, the defendants had their final hearing at the Van 1st Criminal Court today (December 20).
While the defendants were not present in the courtroom, Umut Bookshop's owner Seferi Yılmaz and several lawyers attended the hearing.
Among the ones who followed the hearing were also Peoples' Democratic Party (HDP) MP Sait Dede, main opposition Republican People's Party (HDP) İstanbul MP Sezgin Tanrıkulu, Van Bar Association Chair Zülküf Uçar and Hakkari Bar Association Chair Ergün Canan as well as lawyers from the Lawyers for Freedom Association (ÖHD).
Taking the floor at the hearing, the defendants' lawyer Yurdakan Yıldız said that "the trial was completely a mise-en-scene" and added that "the prosecutor's final opinion as to the accusations in favor of the defendants' acquittal at the previous hearing was very sound and right."
Arguing that "the case was a plot case and all soldiers were targeted by the case," Yıldız claimed that "the one to be held liable for the attack was the owner of the bookshop, Seferi Yılmaz." He also alleged that "the Kurdistan Workers' Party (PKK) planted the bomb, not the defendant soldiers."
'Acquittal requested though everything is concrete'
Speaking at the hearing afterwards, Umut Bookshop's owner Yılmaz criticized the final opinion of the prosecutor's office for being partial:
"During the attack, there were three of us at the bookshop. The expert says that no one has a chance of survival after the bombing; but there are those who survived with injuries. The harm inflicted on my ears due to the bomb is still there. I chased after Veysel Ateş after the explosion; he took shelter in a vehicle parked 60 meters away. We caught these people red-handed.
"Ali Kaya wanted to open the trunk of the vehicle and open fire on people, but people prevented this. They were caught red-handed and these criminals were handed over to the state. Requesting acquittal while everything is concrete is proof that the prosecutor's office is a party, too."
'Expert report not in the prosecutor's opinion'
Van Bar Association Chair Zülküf Uçar said that the trial was held in such a way to incriminate Seferi Yılmaz rather than the defendants:
"This trial is held over an incident where there was an attempt on three people's lives. The trial is held as if the culprits were not them but Seferi Yılmaz. This case is not independent of the tortures, people thrown into acid wells or unidentified murders going on in this geography for a long time.
"It has turned out that the bombs used in the explosion were the same as the ones found in the vehicle. But this report is not cited in the opinion. There are witness statements. Don't these statements have any worth at all. Is this case held only to come to settle the accounts with the judges and prosecutors of the FETÖ [held accountable for the coup attempt in 2016]?
"There have been great efforts to ensure that this case ends in impunity. Even though the defendants were caught red-handed, there was an attempt to cover this up."
Requests not taken into account
After Hakkari Bar Association Chair Ergün Canan and other lawyers requested additional time, the court board recessed the hearing. Following the recess, the court board rejected the lawyers' requests.
Defendants non-commissioned officers Ali Kaya and Özcan İldeniz and informant Veysel Ateş have been acquitted.
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 were 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, 27 days in prison on charges of "killing, establishing a gang and attempted murder."
Prosecutor expelled from profession
Right before the final hearing was held, the prosecutor who issued the indictment, Ferhat Sarıkaya, was expelled from the profession. Sarıkaya said that the military personnel involved in the incident were assigned as part of the Security Order Assistance (EMASYA) and this assignment formed a network of responsibility within a chain of command to the General Staff.
As the evidence for this finding, the prosecutor referred to the tasking order found on the non-commissioned officers on trial and signed by Erhan Kubat, the then Provincial Gendarmerie Regiment Commander. He prepared a file on Erhan Kubat and the then 2nd Army Commander and Commander of the Land Forces and sent it to the General Staff for investigation.
After this, Sarıkaya was expelled from the profession by the Supreme Board of Judges and Prosecutors (HSYK). It was alleged that this decision came as a result of the senior military officials' pressure.
Release at the first hearing
Afterwards, the Court of Cassation overturned the local court ruling. Abiding by the ruling dated November 27, 2007, the new court board transferred the case file to the Van Gendarmerie Public Order Command Military Court at the Van Central Command. The arrested defendants were released at their first hearing on December 14, 2007.
After the legal regulation paving the way for soldiers' trial at civilian courts was approved, the intervening lawyers applied to the High Criminal Court and requested that a decision of non-jurisdiction be given for the trial going on at the Military Court (until December 22, 2010) and the case file be sent again to the Van 3rd High Criminal Court.
Arrest warrant, again
In May 2011, the Court of Jurisdictional Disputes ruled that the case should be heard again by the Van 3rd High Criminal Court. Issuing a preliminary proceedings report, the Van 3rd High Criminal Court issued another arrest warrant against the defendants of the Şemdinli case, non-commissioned officers Ali Kaya and Özcan İldeniz and informant Veysel Ateş.
The defendants were arrested again on June 9, 2011.
At the hearing held on January 10, 2012, the defendants were sentenced to 39 years, 5 months, 10 days each in prison on charges of "killing", "establishing an organization" and "attempted killing."
They were released, again
Following the failed coup attempt in Turkey on July 15, 2016, the lawyers of the convicted defendants applied to the Van 1st High Criminal Court upon the confessions of the then Van Chief Public Prosecutor Ferhat Sarıkaya about the case and requested retrial.
Accepting this request on October 11, 2017, the court ruled for the defendants' release. At the last hearing held by the Van 1st High Criminal Court, the court first acquitted the three defendants of "establishing an organization" and ruled for a retrial on charges of "killing and injury". (HA/SD)
