Cizre from Temizöz Trial Perspective: From Today to Past

Lately, especially after the curfews declared in districts like Lice, Cizre, Sur, "is it being returned to the 90s" question has become a matter discussed frequently. When the matter is discussed and questions asked, it is not done by some background information but over actual political analysis which prevents it from obtaining its deserved socialization. 90s for Turkey's west usually cannot go beyond being a "popular culture implication." For instance, while a generation remembers "Super Dad (Süper Baba)" as 90s mentioned, others recall their fathers' taken into custody and never come back.

So, what does 90s mean for Kurdish geography?

Let us start by taking today's Cizre as starting point. The reason why we start especially from today is that news receiving channels are a lot more and diverse; thus those who couldn't see/know the 90s witness today. As the unclear "death toll" that is witnessed by millions is announced, what happened there at times when we didn't see anything? Should the ones belong to past be investigated and punished through an effective trial practice, in other words if there wasn't an order promoting "impunity," then could governments and law-enforcers be this indifferent in violating rights?

Let us hear about Cizre of 2015 from Emine Çağırga who lost her 7 relatives in the attack in Newroz in 1992, and lost her 13-year-old daughter in the curfew last week:

"Cemile came home and said, 'Mom, curfew was declered.' They blockaded us in the following process. They attacked with heavy weapons, tanks and shellings on our houses. We couldn't stay home and left...There were also children on the street, Cemile was among them. Cemile came home running, said 'Mom, a bullet hit aunt's house.' I said 'it is OK.' I turned my behind and they opened fire at that time. When I turned again I saw Cemile was on the ground...We called hospital after she lost her life. Medical staff said they don't have security of life so they won't be able to come. Most of the ambulances were already at police's possession...I preserved my daughter's body in the freezer to not let her smell. My daughter's lifeless body stayed in my arms for 24 hours, and another 24 hours in the freezer. Then somehow ambulance arrived, we pieced woods together since there was no coffin and put Cemile on it. Police didn't let us leave with the body... They said 'We will take it to Şırnak,' and I don't know where they took her. We received the body at the day curfew was lifted and entombed it."

And now let us hear about Cizre of 1992 from Gijal:

"A curfew was declared lasted for 15 days in Cizre after incidents [Newroz]. A tremendous fear gripped women and especially children. People had the concern that what state can do in future if they do such things now. The shops were close, the people were devastated. Occasionally panzers were entering the streets and opening fire at all living beings. We had a neighbour named Sabahat. She was wounded by a bullet hit as she was hanging out laundry on the roof. Let alone going out to the street you couldn't even go up on your house's roof. Everyone seriously suffered from lack of bread and water...After 15 days everything slowly started to normalize, but this time people began to be kidnapped one by one by no-knock raids. I say kidnapping because the raids were not intended to take them into custody or detain but kidnap and murder..."

Then Şırnak governor Mustafa Malay in his interview on T24 news website said regarding 92: "That day massive sufferings were experienced in Cizre and Şırnak. Many people were slaughtered...Many lost their lives, impossible to count. They desolated peoples. I rather find military guilty as to that matter because soldiers were coming and ruining people's workplaces. In addition, they killed everyone regardless of their age...The soldiers too unfortunately killed many."

Retired Brigadier General Mete Sayar who was tried over 6 villagers went missing in Silopi and acquitted headed these soldiers. Sayas, in 1992, was forming these following sentences to journalists which characterizes best the spirit of the era:

"I am trying to draw a nice picture here. If they try to cast a slur on this picture, I will smash it in their heads. As a matter of fact, I already did..."

When we go through past, we will look at the 6-year-long Temizöz Trial that manifests a high-resolution picture of Cizre 20 years ago.

In prosecution dictum given on January 3, 2014, punishment was requested for 9 out of 20 murders that were subjected to the case. As for the others, abatement was demanded due to lapse of time and their acquittal was demanded because of lack of evidence. The trial is expected to be concluded on November 5, 2015.

Two major notions must be spoken of essential to "impunity rule." One of them is lapse of time, and the other is transfer of the case for security reasons. The request of not subjecting the claim of "forming organization to commit crime" to trial was mentioned in the prosecution dictum. So even though the existence of the organization is affirmed -the prosecution didn't- defendands won't be able to be tried with regard to lapse of time over forming illegal organization and committing organized crime. In other words even it is established that they committed murder, they will be judged as individuals rather than in an organized way which obviously contradicts Nurnberg principles and international law. Since the trial is ongoing and started in 2009, it hasn't fallen in the blackhole called lapse of time.

These cases for security reasons have their shares from practice of transfer of cases. Transferring of Mete Sayar, Musa Çitil and Nezer Tekçi without any solid justification and acquittal following it is such as to corroborate this argument. Ruling on this in the last instance doesn't mean anything than taking the Temizöz Trial off the agenda.

Most of the people living there at those times know commanders' names. Including the Temizöz, under the defense of the judged soldiers which is "I struggled to keep state alive" lies massacres, forced kidnappings, arbitrary executions and tortures. Fame of a soldier served as captain and squadron leader was in consequence of "Murders that are a state police" as stated by Lieutenant General Atilla Kıyat.

Let us hear one of these murders from one of the fathers, Ramazan Uykur, of the deceased İsmet Uykur:

"A white Toros came. Defendant Tamer Atak getting out of the car told my father to get in the vehicle. When my father refused to get in and proceeded on his own way, they blocked him 50 metres ahead by car. Tamer came off the car with a gun in his hand. Kukel Atak got out when there was a muss between them. I couldn't get there as I went hot and cold all over in fear. Some of those around flee out of fear and the others shut down their shops and walked away. There were two others in the car, I couldn't see their faces...In those time fear was dominant in Cizre...It wasn't clear who kills who and people were striving for their lives. No one dared to go and report. Even if they do, they were worried about things that might happen to them. I knew the defendants were rangers. We were scared as we knew they were working with gendarmery."
It might be useful to note that the fear of not pursuing the murders or seek justice continues during the trial process as well. Two people testifying İbrahim Danış murder withdrawing their testimonies they gave to Cizre Chief Public Prosecutor's Office could be given as an example...

Temizöz Trial is one of the cases that hasn't been concluded with acquittal yet regarding forced kidnappings and arbitrary executions. Standing by kinsmen of missing and deceased people during the seek of justice is the human duty of everyone who didn't see/know those times. It is a small opportunity for a big start for impunity to cease to be a norm and arbitrary murders end...So, in order to not ask the question "is it being returned to 90s" and receive a different answer and be able to reach today from past, this trial stands on a faultline. It is very important for justice to be administered to establish sense of justice, not let people get away with their crimes and stop impunity from being the order itself. (LP/TK)

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