Annual Reports
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Annual Reports |
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Bomb Attacks
in Hakkari province and districts
Bomb
Attacks in Hakkari province and districts
On 9 November at 12.15am armed persons entered the Özipek passage in Cumhuriyet Street in Şemdinli district Hakkari. They went up to the bookshop "Umut" (Hope) run by Seferi Yılmaz alleged to have participated in the first (armed) action of the PKK in Eruh (Siirt province) in August 1984 and threw a hand grenade into the shop. Mehmet Zahit Korkmaz was killed and Harbi Kaya, Kerim Korkmaz, Mehmet Korkmaz, Hamide Korkmaz, Metin Korkmaz, Erşat Korkmaz, Dilber Korkmaz, Şemsettin Korkmaz, Necmettin Korkmaz and Refik Gelici were injured. The explosion caused material damage, too. Passers-by caught civilian dressed sergeants Ali Kaya, Özcan İldeniz and the PKK "confessor" Veysel Ateş. In their car three Kalashnikovs, hand grenades and intelligence notes were found and handed over to the officials. There was also a sketch of the bomb attack of that day. The sketch also showed 5-6 buildings in the surrounding that had been marked in red. After the incident the district town was closed for traffic into and out of town. Barricades were erected in front of the Command of the Gendarmerie and the governor's office. Some 5,000 people who had gathered in front of the hospital staged a demonstration. The police tried to disperse the crowd with shots in the air. The crowd responded by throwing stones. Mayor Hurşit Tekin tried to calm the crowd and was hit by a stones. Another nine people were injured. At 4.30pm when the prosecutor was inspecting the scene shots were fired at the demonstrators. In this incident Ali Yılmaz died. Vahit Canan, M. Reşit Oğuz, İslam Kaya and Abdurrahman Dündar were injured. Later it was revealed that sergeant Tanju Çavuş had fired the shots. After inspecting the incident CHP Hakkari Deputy Esat Canan said: "There was a bomb attack in the morning. People prevented the car of the assailants to move. Three people were in the car. The crowd beat the passengers and handed them over to the police. The people wanted that the car be inspected closely because it suspected that it might be the deed of the State within the State. I told the officials what the people wanted, but I saw that not three but just one person had been detained. The other two must have been bleeding, but there was no trace of them." Speaking about the incident during the inspection of the prosecutor Canan said: "The crowd still was around the car aiming at protecting the evidence. No one's life was save not even the life of the prosecutor. Therefore the inspection of the scene was not completed." On 12 November Veysel Ateş was arrested on charges of killing with a bomb and Sergeant Tanju Çavuş was arrested on charges of having caused the death of a person in exceeding the limits of defense. The sergeants Ali Kaya and Özcan İldeniz who first had said that they had passed the scene accidentally and had been kept at a secure place were secretly taken to the prosecutor on 11 November. They were released after testifying because of lack of evidence. Deputy Esat Canan suspected that the release of these two suspects already showed that the case would not be treated as an organized crime of a gang. Tanju Çavuş said in his testimony that he passed the scene accidentally. His wife and children had been in the car. The crowd marched towards his car and he drew his gun and fired into the air. The released sergeants reportedly stated in their testimonies that they had been given orders to collect intelligence and, while they had tried to find information on Seferi Yılmaz the explosion had occurred. However, the order for collecting intelligence found on the sergeants only entitled them to research the countryside and not town or district capitals. On 14 November the daily "Star" reported that Veysel Ateş had stated that Seferi Yılmaz himself had thrown the hand grenade into his shop and later had pointed at him (Ateş) shouting that he had thrown the bomb. Out of fear he had gone to the car of the security officers since he could have been lynched. The police had rescued him with shots in the air.Harun Ayık, chief prosecutor in Şemdinli, said that Veysel Ateş was responsible for providing information to the gendarmerie. In his first testimony Veysel Ateş had said that the people had not recognized him and therefore attacked him. Later it turned out that his car was registered for JİT. The document on duty of the sergeants had been signed by Major Erhan Kubat, in command of the gendarmerie in Hakkari. On 15 November the prosecutor announced the result of the search in the car of the sergeants. There had been a sketch on the explosion of 1 November. Besides the buildings the house of Seferi Yılmaz had also been marked on the sketch. There had been a photograph of Seferi Yılmaz taken outside town and the two persons next to him had been named as Hasan and Ali Kısıkyol. The name of Mülazim Çetinkaya had also been mentioned. Another document had listed the tribes in the area with indications of whether they were for or against the State. There had also been a list of delegates to the DTP from Şemdinli. Some names had been marked with an "x". On a list of persons information on Seferi Yılmaz had been found. Further information had related to the place and friends he visited and stayed with. It was also noted that he kept his shop closed on 18 and 19 September. On another form remarks on his physical condition and a photograph had been found. In an article of the news agency DİHA it was also alleged that receipts of the Turkmen front in Iraq and an ID for a Turkish citizens of Pakistani origin "Şahit Mahmut" had been found. In continuation of the investigation the prosecutor asked GSM companies and Telekom about phone conversations at the time of the incident, since there were claims that Veysel Ateş had called someone saying that he had left the package. Deputy Esat Canan stated that four files had been in the car. One file had contained documents stating that the car belonged to the gendarmerie. In another file information on the bookshop had been listed. There had also been sketches and details on other shops in the town. The newspaper reported in three lists found in the car. On one list there had been 80 names. A list with 25 names was named "List of militia" and a third list had mentioned people working as agents for the State. Reportedly Nurten Tarhan and the HADEP executives Emin Sarı and Sezer Öktem were on the list. On 4 November masked men broke into the house of Nurten Tarhan and reportedly showed her the sketch of her house. In an interview published in Özgür Gündem on 12 November Seferi Yılmaz stated that Veysel Ateş had thrown the hand grenades. He added that the sergeants had come back after the incident as the guards of the governor. On 15 November Radikal reported that the chief prosecutor in Van had withdrawn from the investigation stating that this was an ordinary offence and not the work of a gang. It was added that the prosecutor would only act on directives of the Justice Minister. (1) The investigation file was sent to the "special" prosecutor in Van on 22 November. On 14 November TV channel CNN Türk presented background information on lawyer Mehmet Göçmen ready to defend the suspects of the incident in Şemdinli. The report mentioned that Mehmet Göçmen was a retired officer. At Van Airport he had been met by an officer and had been taken to Şemdinli in a helicopter. Reportedly commanders had ordered him to look into the case file. The name of Mehmet Göçmen was mentioned in connection with the evacuation of a village in Mardin province in 1992. He had been a major at the time. The ballistic report on the hand grenade thrown into the bookshop and the ones found in the car of the sergeants turned out to be the same. The other arms, however, had not been used in any other incident. The prosecutor in Van decided on confidentiality of the file. Officials from the office reportedly stated that the file would only remain in Van if evidence existed that the PKK was responsible for the bomb attack. As far as the position of the suspects was concerned the Command of the Gendarmerie in Hakkari confirmed in writing that the sergeants had been occupied with investigation of PKK relations in Şemdinli and Veysel Ateş was a staff member of the gendarmerie. Meanwhile it was revealed that no investigation was running against the owner of the bookshop 'Umut' in Van, Hakkari or Şemdinli. On 25 November three prosecutors went to Şemdinli (from Van) and started with collecting testimonies of victims and eye witnesses. On 28 November the sergeants Ali Kaya and Özcan İldeniz testified to the prosecutor and were arrested on orders of a court. The charges reportedly related to establishing a gang with the intention to commit crimes and activities against the unity of the State. At the beginning of December Van Heavy Penal Court No. 4 (2) turned down the objection to the arrest warrants. Reactions, Investigations and Inspections The CHP sent a delegation to Hakkari and Şemdinli to investigate the situation. One of the deputies, Ahmet Küçük said afterwards: "The situation is terrible. The people are right in being suspicious about the government to be able to solve the problem. Incidents have continued since July. While the State is fighting illegal organizations it establishes structures outsides legality and at one point the thing explodes. The perpetrator tries to escape from the people and hides in a car of intelligence officers. The population tries to catch someone who the police protect. How can you say that the State was not involved in this:" Another CHP deputy, Esat Canan stated after the end of the research on 13 November that he received signs of attempts to cover up the incident. He added: "The gendarmerie is responsible for the rural area. They have no job in towns. They came for such an action. No explanations were made for two days in order to prepare a defense for the sergeants. In the end they testified in a prepared manner." On the shooting after the incident Esat Canan said: "Before Tanju Çavuş shot, shots were fired from an armored vehicle. The prosecutor is a witness to the attempt to frighten the people. The second shooting was related to the first round of shootings." On 23 November the GNAT decided on parliamentary investigation. The decision was taken in closed session. Interior Minister Abdülkadir Aksu claimed that everything was done to clarify the background of the incidents in Şemdinli. He had sent two secretaries to the region and they would terminate their work at the end of the week." During the session Esat Canan compared the incident to the Susurluk scandal and stated that the Şemdinli incident would not have happened if the Susurluk case had been solved and the "dark forces" had been silenced. He demanded that all political parties should join in their determination to solve the Şemdinli case. The Commission to investigate the incident was founded under the chair of AKP Kastamonu Deputy Musa Sıvacıoğlu. Members of the Commission became (for AKP) Metin Kaşıkoğlu, Ayhan Sefer Üstün, Semiha Öyüş, Hüsrev Kutlu, Enver Yılmaz, Orhan Yıldız, Şükrü Önder, (for CHP) Ahmet Ersin, Mesut Değer, Sırrı Özbek (and for ANAP) İbrahim Özdoğan. The report of the Commission was announced on 13 December. The General Staff was asked whether structures such as JİTEM or JİT existed and General Yaşar Büyükanıt was criticized for his comments after the incident that might affect the judiciary. Chief prosecutor in Şemdinli, Harun Ayık was quoted in the report as saying, "The incident may have been planned by foreign intelligence. The aim might be to provoke the population. The security forces here do not work properly. All stages of the State are obliged to look into the case." Some evidence on the case reached the Commission late. In mid-December notes found on the sergeants were sent to the Commission. The notes included a form on question to be posed to members of organizations after detention. The questions related to contacts with NGOs such as Göç-Der or the HRA. As far as the political party DEHAP was concerned the answers were already given as "DEHAP is the party of the organization acting according to the directives of Abdullah Öcalan and other leaders". On 21 December Esat Canan testified to the Commission. He suggested lifting Article 105 of the Regulation for proceedings in the GNAT stating that parliament would not investigate State secrets or trade secrets. Canan further suggested that the Commission should try to find answers to the following questions: - Why did the people in the car not say that it belonged to the gendarmerie right at the beginning? - Why was no information given to the deputy and public for two days that the car belonged to the gendarmerie? - Why was the car abandoned for the whole day, while all the evidence stayed in it? - Why did Sergeant Ali Kaya say that he was a police officer? - Would the PKK be able to carry 150 kilograms of explosive into the town despite all checkpoints? Are the suspects related to the incident of 1 November? - The sergeants had been authorized for the rural area. What kind of intelligence were they collecting in town? - Is it coincidence that the name of and his Seferi Yılmaz were marked in red in the documents found in the car? - Why were the sergeants not taken to the police for interrogation? Why did they testify two days later to the prosecutor? Did the prosecutor find any evidence apart from the evidence that the people handed over to him? - Is it coincidence that the hand grenades in the car and the ones used against the shop of Seferi Yılmaz were the same? - Why were shots fired from an armored vehicle when the prosecutor investigated the scene? On 9 and 10 November eight NGOs including the HRA and Mazlum Der carried out investigations in Şemdinli. Their report was announced on 12 November. Prosecutor Harun Ayık reportedly told the delegation: "The passage and the car were inspected. The car belongs to the gendarmerie. It stood 70 meters away from the passage. At the moment there are allegations raised from within the population. There is no concrete suspicion, but three suspects." The report included a part on "subjects for clarification" including the following questions: "Did the people in the car come to Şemdinli on their own initiative? How did the JİT staff use the sketch on the shop that was bombed? Why was the old court file on Seferi Yılmaz in that car? What use were the photographs in the car? "Why did the prosecutor not take the testimony of the suspects immediately? Was the explosion of 1 November with 67 destroyed shops and further bomb attacks the act of the same people? How could two persons that had been caught by the people get free from the hands of the police? Did the prosecutor authorize the release? "Are the hand grenades and arms found in the car registered to the gendarmerie?" The full report in Turkish can be found under http://www.ihd.org.tr/rapozel/semdinli.html. According to the daily Yeni Şafak General Mehmet Çörten President of the Intelligence in the General Staff visited the parliamentary commission in December. Musa Sıvacıoğlu, chair of the Commission did not inform the members of the Commission or the public. Reportedly Mehmet Çörten told the chair of the commission that the sergeants Özcan İldeniz and Ali Kaya had acted foolishly. On 28 December the Commission heard former Hakkari Governor Erdoğan Gürbüz, former Şemdinli Governor Cihan Feslihan and Ahmet Selim Akyılıdız, President of the Department to Fight Terrorism in the General Directorate for Security, who had been in town at the time of the explosion. Akyıldız stated that he had seen Veysel Ateş speaking over his mobile. Ateş had introduced himself as sergeant, but Akyıldız had ordered to confiscate his mobile. Governor Gürbüz reportedly provided a file in the contacts of the PKK in Şemdinli and the intelligence information on Seferi Yılmaz. Gürbüz did not answer questions of the deputies stating that these related to State secrets. On 11 November General Yaşar Büyükanıt, Commander of the Ground Forces, answered questions on the Şemdinli incident and said: "The sergeant whose photograph was published in the newspapers served at my side. When the peshmergas were with us during the "steel operation" he assisted me. He knew Kurdish well. I don't think that he is someone to commit a crime, but that will turn out after the investigation". Later General Büyükanıt claimed that his words had been misquoted. He told Fikret Bila from the daily Milliyet: "What I said is: I know this sergeant. He worked under my command. He is a good soldier and speaks Kurdish well. He was with me during the 'steel operation'. One has to look at the investigation whether he is guilty or not. This is what I said. During the operation he made the contact with the peshmergas. It was mainly quoted that I said he is a good soldier, but my words that one has to wait for the result of the investigation were either put behind or not quoted at all." General Hilmi Özkök, Chief of the General Staff, told journalists that there was an immediate intervention into the incident. The military commander for order went from Van to Şemdinli right away. The army carried out a disciplinary investigation and there was a penal investigation as well. One should wait for the results. He (Hilmi Özkök) would neither defend nor accuse his personnel. Defense Minister Vecdi Gönül answered question of the daily Akşam and said: "If the bomb that exploded was registered to the military there will be a big problem. If officials are involved in the incident one has to look who organized it, who gave the order and how far do the contacts go. But I can say that the responsible people will be found and punished." Vecdi Gönül was reminded of the killing of 33 villagers in 1943 on the orders of General Mustafa Muğlalı and replied: "Some circles in the State may have applied unlawful methods, but the State has always found them." Prime Minister Recep Tayyip Erdoğan said on 13 November that they would recommend a parliamentary investigation and continued: "In Şemdinli we see how the old attitude goes on. Once the findings are available we can make a more profound evaluation. One wants to create a confrontation between the State and the nation. That is the purpose. But they will pay the price." Being asked as to whether this could be called the second Susurluk Erdoğan said that the incident did not need a label. It was enough to state that old attitudes continued. Erdoğan stated further: "This does not resemble a local incident. There is an understanding behind it. It can be based on an ideological structure or can have emerged from an emotional movement of a group. Once the findings are clear we are determined to unearth it. We shall not close our eyes on violation of law and the attempt to make the nation and the State enemies. I spoke to the General Staff. We decided together to move as far as necessary. The State President also shares this view." On 20 November Prime Minister Recep Tayyip Erdoğan went to Van and on 21 November continued to Hakkari. During talks with Hakkari Governor Erdoğan Gürbüz the governor said that 200 billion TL had been allocated to repair the 194 shops that had been damaged in Şemdinli on 1 November. 143 billion TL had been paid to the citizens. On 21 November Erdoğan also visited Şemdinli and Hakkari. Interior Minister Abdülkadir Aksu, Justice Minister Cemil Çiçek and the deputies from Hakkari, Mustafa Zeydan and Fehmi Öztunç accompanied him to Şemdinli. They inspected 67 houses and shops in which 23 people had been injured on 1 November. Later the group went to the Özipek Passage with the bookshop Umut that had been bombed on 9 November. Outside the passage a group of young people met the group with banners stating "say the truth in Şemdinli and don't get confused in Ankara", "no ban for Roj TV" and "if the State kills, who shall we devote our lives to". Erdoğan asked that the banner be removed. The police removed the banners under protest. In front of the administration building Erdoğan spoke in the presence of about 1,000 people: "From the beginning we said that we shall follow the incident and expect that the subject will be forwarded to the judiciary speedily and there be a just verdict. What I want to tell you is that some like dusky weather. We should not be mistaken by dusky weather. Democratic rights will be in force. Nothing is gained by killing our people. The country lost 40,000 humans in the last 40 years. We have to continue living side by side regardless of the ethnic element or whatever religion and belief we belong to and whatever region we live in. If not, someone will be glad. The ones who are pleased are those who want to divide our country." On 22 November Mehmet Elkatmış, chair of the parliamentarian commission to inspect human rights, CHP İzmir deputy Ahmet Ersin, CHP Gaziantep deputy Ahmet Yılmaz Kaya, AKP Batman deputy Nezir Nasıroğlu and AKP Adıyaman deputy Faruk Ünsal went to Şemdinli to carry out an inspection. On 24 November they met the sergeants Ali Kaya and Özcan İldeniz. During the talk the sergeants said that they had nothing to do with the bombing arguing, "It is impossible to throw two bombs at the same time and to run away. You have 3 seconds after you ignite the first bomb. If you ignite a second one you will be blown up as well. Had we intended to throw bombs we would not have done it at day time in an official car." The sergeants claimed that Seferi Yılmaz had received a phone call from Germany, one day before the incident. The person on the phone had said that he was sending an important gift that would be in a package and that he (S. Yılmaz) should be careful. In fact they (the sergeants) had been at the scene in an attempt to get hold of the package. But the persons from the organization had been suspicious about Veysel Ateş sitting in their car and had prepared the plot. On 25 November the members of the commission returned to Ankara. On 26 November the daily Yeni Şafak presented news that the commission had determined that during the attack on the bookshop on Şemdinli on 9 November hand grenades of Turkish production had been used; the arms found in the car of the gendarmerie had not been used during any incident and that sergeant Özcan İldeniz was the responsible person for JİTEM (JİT) in Şemdinli. According to the newspaper the military officials in Şemdinli had told the commission that the event was impossible. Nobody would go to such an action in daylight. No such order would be given. Sergeant Özcan was known in the area and he would certainly not be appointed. The military officials reportedly also commented on the fact that during the explosion of 1 November the military casino close to the place of detonation had been empty. There had been an order that football (soccer) matches should not be watched together and, therefore, the casino had been empty. On 25 November a summit on security was held under the chair of Prime Minister Recep Tayyip Erdoğan. Special concern was given to the incidents in Hakkari, Şemdinli and Yüksekova. Actions, Demonstrations On 10 November shops and schools in Şemdinli remained closed. A large crowd had gathered for the funeral of Mehmet Zahir Korkmaz and Ali Yılmaz. The crowd dispersed after a speech of Yüksekova Mayor Salih Yıldız. Later, however, a control post of the police was set on fire. On 11 November a protest demonstration was held in Hakkari. The police tried to disperse the crowd that had gathered in front of the municipality at 10am. The crowd responded with stones. Ten people were injured. During a demonstration in Van on 12 November clashed occurred. 24 people were detained. Demonstrations in other towns ended without incidents. On 11 November the building of the Foundation of Order in the Gendarmerie in Yenimahalle (Ankara) was the target of a bomb attack. There were no casualties. Later FESK claimed responsibility stating that action was a protest at the incidents in Şemdinli. On 13 November demonstrators clashed with the police in Seyhan district (Adana). One police officer was injured by a stone to his leg. Incident in Yüksekova Casualties were reported from a demonstration in Yüksekova on 15 November in protest at the incidents in Şemdinli. Hakkari Governor Erdoğan Gürbüz stated that three people had been killed and many persons had been wound including seven police officers. Yüksekova Mayor Salih Yıldız said that members of a special team had killed İslam Barkin, Ersin Mengeç and Faruk Geylani. In response the governor said that the police had not used arms, but the demonstrators. At midday a large crowd wanted to hold a press conference in Cengiz Topal Street. The crowd started to march towards the administration building when the police intervened with tanks and gas bombs. The demonstrators erected barricades and responded with stones and Molotov cocktails. In front of the shopping center Zagros and the old prison two armored vehicles were set on fire. In Mezarlık quarter a health center was set on fire. During this NCO Metin Baltacı was kidnapped by the crowd. Reportedly he was taken to a building beaten up severely and then released. Governor Gürbüz stated that 13 people had been detained: Tahsin Düşsöz, Cahit Düşsöz, Şükrü Duman, Baki Olcay, Nihat Aksan, M Sabir Oruç, Rıdvan Öztaş, Barış Işık, Mehmet Beli, İslam Duman, Taner Duman, Tahir Tekin and Naim Bahadır. DEHAP chair for the district, Şehabettin Timur, said: "After the press conference we wanted to walk to the office of our party. At this moment the police threw gas bombs at us. We tried to run away and heard shots. The people erected barricades and responded with stones. Shots were not only fired from armored vehicles but also from some houses." The incidents continued on 15 November. During the whole night shots could be heard. On 16 November the shops and schools remained close and demonstrations continued. Former Yüksekova Mayor Ethem İlke said about the incident: "Once an armored vehicle had turned over because he hit an electricity post the police started to shoot at random. Two women stayed under an armored vehicle. Afterwards the people responded by throwing stones." An eye witness named E.K. told journalists: "I was opposite the hospital. Ahmet Durmaz was hit right next to me. Later a 16-year old juvenile was injured by a bullet and a woman because an armored vehicle hit her. Shots were not only fired from the vehicles but also from the houses of military and police officers." Hikmet Durmaz, father of Ahmet Durmaz stated that his son had been injured to his leg when he was on his way home. The eye witness E.T. stated: "After the press statement we went back. They threw gas bombs after us. Some juveniles responded by throwing stones. After one armored vehicle had turned over because he hit a post shots were fired from the second vehicles and police officers." Hakkari Governor Erdoğan Gürbüz told the daily Hürriyet: "We have instructed the security forces not to immediately use arms against those who throw stones. But there are times when a huge crowd puts the officers under a hail of stones. In Yüksekova the police fired warning shots. Three police officers stayed under the overturned vehicle. We could hardly save them from the crowd. How long do we abstain from using arms. In the end the demonstrators are armed and attempt to lynch the officers. Whatever the mayors from DEHAP want the people act accordingly. They can stop them and can make them move. We have informed them that the officers will use arms against those who shoot on police officers." Gürbüz further stated that 60 members of an anti-riot squad had been sent from Ankara to Hakkari. (3) Remzi Çelik from the Red Crescent filed an official complaint against police officers who had attacked him when he was taking injured people to hospital. İslam Barkin, Ersin Mengeç and Haluk Geylani were buried on 17 November. No incidents were reported from their funerals. Two war planes flying very low created some tension. On 16 November protest demonstrations were held in İstanbul Gazi, Kağıthane and Ümraniye districts. During the demonstration in Kağıthane a bus of the municipality was set on fire. In Hakkari the police intervened in a protest meeting on the same day and injured 10 people. Reportedly some police officers were injured with stones. First reports stated that the demonstrator Ayhan İnci had been killed, but later it was said that he had been injured seriously. The demonstrators Sadullah Işık, Mehmet Çiftçi, Abdurrahman Atalay, Hayri İnci and Eyüp Bor were also seriously wounded. At midday a press conference was held in front of the DEHAP office. Later the police tried to disperse groups that had gathered in side streets. The police used water cannons, gas and pepper bombs and fired shots into the air. Some demonstrators used sticks and stones and threw stones at houses of police officers. During a demonstration in Cizre district (Şırnak) five people including two police officers were injured on 18 November. On the same 40 people including the DİHA reporter İsmail Yıldız were detained during a demonstration in Isparta. They were released shortly afterwards. On 20 November demonstrators gathered in Çilek quarter (Mersin). The police fired shots in an attempt to disperse the crowd and killed Murat Demir. Enver Ekinci and Recep Çağlar were injured. The lawyers Muzaffer Akad and Ali Bozan who went to hospital on behalf of the Ekinci and Demir family were reportedly beaten by police officers. The police detained DİHA reporter Nesrin Yazar who wanted to follow the developments in hospital. Mustafa Çağlar, brother of the injured Recep Çağlar said: "During the demonstration we heard shots all of a sudden. We stood 15 to 20 meters away from the police officers. Members of the anti-riot squad and plain clothes detectives shot at random. Murat Demir was hit with a shot in his eye. My brother wanted to look at him but was hit as well. Later Enver Ekinci was wounded to his leg. Members of the anti-riot police came and dragged him to a dustbin. Later police officers came to collect the bullet shells. One person with a car brought my brother to hospital." Eye witness Kudbettin Demir alleged that the police had fired targeted shots. Lawyer Muzaffer Akad said that he had asked the prosecutor to take the testimony of three eye witnesses in their presence, but the prosecutor had insisted on a written application. Being asked to inspect the scene of the offence the prosecutor had said that at this time he could not go there because nobody could guarantee his safety. Muzaffer Akad was concerned that the evidence might e covered up. Ömer Demir, the father of Murat Demir said: "On that day my son wanted to go to a celebration (wedding). He and his friends saw an official police car at the side of the street some 10 to 15 meters away. One police officer shot at Murat as soon as he stepped out of the car. Two friends tried to help him but the officer shot at them, too, and injured them. They are witnesses as well as another two witnesses. They said that another police officer in the car reacted against his colleague by saying that he shot an innocent juvenile. The witnesses can tell the prosecutor all the details." The autopsy report stated that Murat Demir was hit to his eye by a shot from close range. Murat Demir was buried on 21 November. The police used force to disperse the crowd and in the ensuing clash two police officers were injured. Enver Ekinci came out of hospital on 5 December. The prosecutor took his testimony and released him. Later Enver Ekinci said: "I was on my way from a wedding to the house of my uncle. I saw the group with demonstrators. A was hit when I passed the group. The police officer who shot at me was in uniform. A woman and a man took me to a car to bring me to hospital. Murat Demir was in the car as well. First we drove to the house of Murat Demir. At that moment an unknown person burst the tire and the driver ran away. Later an ambulance came and took us to hospital." In Toros State Hospital police officers had warned him that he would not be treated if he did not testify "correctly". Therefore he had said that he did not recognize the person who shot at him. On 18, 19 and 20 November many demonstrations were held in Küçükçekmece, Beyoğlu and Ümraniye quarters of İstanbul. In Küçükçekmece the demonstrators clashed with the police. One armored vehicle was damaged and 12 people were detained. On 21 December the demonstrators Abdülbari Güneş (16), Abdullah Arslan (17) and one with the first name of Abdülhakim (15) were arrested. During a demonstration in Seyhan district (Adana) five ESP members were detained. Among them Gülcan Taşkıran, Sedat Bektaşlı, Hatice İlden Dirini and Halil Göğercin were arrested on the same day. On 21 November Hasan Karakuş and Hekime Beyaz were detained during house raids in Adana. On 21 November Mihdi Perinçek announced a report of NGOs on the incidents. He complained that the security forces had even shot at health institutions during the incidents in the center of Hakkari on 16 November. The report accused Hakkari Governor Erdoğan Gürbüz of escalation. There had been no indication that any of the demonstrators had been armed. Among smugglers, partisans and bombersThe death penalty On 6 October the Grand National Assembly of Turkey passed the draft law to ratify additional Protocol to the European Convention on Human Rights that lifts the death penalty for all times (including times of war). The Council of Ministers ratified the Protocol in December. It entered into force with promulgation in the Official Gazette on 13 December. On 28 October the second optional Protocol to the UN Convention on Civil and Political Rights was ratified. Turkey had signed the Protocol on 7 April 2004. It provides that member States make no derogation from the abolition of the death penalty that can only be passed for military offences during times of war. Deaths as a result of extra-judicial executions (EJE), stop warnings and arbitrary shootings Zuhal Esen, Zerga Esen, Sibel Sartık, Nergis Özer, Hamdullah Çınar On 19 January soldiers killed five people near Toptepe village of Kumçatı town in Şırnak province. Officially it was stated that these person were militants of the HPG who had been killed in a clash. The HPG on the other hand maintained that the victims were civilians who wanted to contact militants. The names of the victims were given as Zuhal Esen, Zerga Esen, Sibel Sartık, Nergis Özer and Hamdullah Çınar. Relatives of Hamdullah Çınar spoke of marks of burning and beating on his body. His right leg had been broken under the knee and on his right leg he had marks of burning at the back. The thumb of his right hand had been cut and there had been burn marks as if cigarettes had been stubbed out on his body. The report of a delegation of the HRA that researched the incident in Şırnak was published on 27 January. Deputy chair of the HRA, Reyhan Yalçındağ said that even if these persons intended to join Kongra-Gel (the PKK) they had been unarmed and the action had been an EJE. She pointed at the fact that the victims had worn civilian dress and had been killed close to a military unit. Toptepe village had been searched before and after the incited. Reyhan Yalçındağ criticized that the prosecutor had not inspected the scene of the incident and further vital evidence was missing in the investigation file. During the funeral of Nergis Özer and Sibel Sartık clashes between the police and demonstrators broke out, when the police wanted to bury them on the cemetery of the municipality. Among the crowd of some thousand people the police detained many demonstrators. On 25 January Tahir Çetin, M. Fadıl Taşçı, Mustafa Gündüz, Yusuf Kaplan and M. Emin Döner were arrested. Houses were raided according to video recordings and on 26 January İbrahim Kılıçaslan, Emine Oğuz (executives of DEHAP), İbrahim Tektaş and Yusuf Akın were arrested. Meanwhile soldiers had taken the corpse of Sibel Sartık and Nergiz Özer to Eruh and buried them there. Vehbi Canpolat On 26 January soldiers opened fire on two persons alleged to be smuggling between the districts of Özalp and Saray in Van province. In the shooting Vehbi Canpolat was killed and his relative Hüsamettin Canpolat was injured. Officially both persons had not obeyed orders to stop and shot at the soldiers. On 28 February Rıza Canpolat, the elderly brother of Vehbi Canpolat, went to the HRA in Van. He told them that the prosecutor claimed that his brother had been killed in a clash. However, his brother and his uncle had gone to visit a relative in Kepir village. On their way home they had been shot at near Gövelek village. While his brother had been wounded and kept waiting dogs of the soldiers had attacked him. The official autopsy report however had stated that he died because of insufficiency of blood circulation and breathing due to wounds of shots. Ümit Gönültaş On 15 February (anniversary of the transfer of Abdullah Öcalan to Turkey) a demonstration was held in Mersin. The demonstrator gathered in Akdeniz and Toroslar Township and the police shot in the air and used water cannons to disperse the crowd. Later the corpse of Ümit Gönültaş (19) was found close to the scene. He had been shot. Deputy Chief of Mersin Police, Süleyman Ekizer stated after the incident that an investigation into the allegation that Ümit Gönültaş had been shot by police officers was continuing. The bullet had been found and it could also be possible that he had been shot by an enemy. The person had a criminal record of an offence against property, but no record of activities for the PKK. The daily Özgür Gündem quoted an unnamed witness as saying that members of the political police had shot Ümit Gönültaş. The witness had stated that they made an action at 9.30pm by lighting a fire. The police had occupied the side street. Ümit Gönültaş had been between him and his brother. Officers of the department to fight terrorism had shot at them directly. Ümit had held his chest and then tumbled to the ground. They had only been able to carry him for 15 to 20 meters, because the police had shot at them again. The witness alleged that Ümit Gönültaş had been alive when they left him and that it would have been possible to rescue him, if the police officers had taken him to hospital in time. The report of the HRA in Mersin on the death of Ümit Gönültaş was announced on 26 February. It stated that no evidence was found that the demonstrators had used arms. The report mentioned that Gönültaş had been shot at 9pm, but the police claimed to have been informed one hour after the incident. The HRA asked whether the police had made recordings of the action and criticized that no testimony had been taken from the persons that had been with Ümit Gönültaş. One witness, Mehmet Suretli, had told the HRA that armored vehicles had come to the place of the action and he had heard some shots. Someone had shouted "he was hit, he was hit" and then he saw that they had taken the wounded person in front of his house. At the same time police officer had shouted "they escape" and "catch them". He had seen how the police officers had followed the persons who carried the wounded man. First civilian dressed police officers with sticks in their hands had come and later members of the anti-riot squad and uniformed police officers had gathered there in numbers of 150 to 200. Mehmet Suretli added that he had not heard any warnings before the shots, but also had not seen the person who fired the shots. (For more details see the Chapter of Freedom of Assembly) Poyraz Dikyar Poyraz Dikyar, leader of the Cono tribe, was killed in Adana Ceyhan district on 17 February. Reportedly the police had followed him after a robbery in Osmaniye and killed him at the entrance to Ceyhan. During the incident two children accompanying Poyraz Dikyar were injured. In October the prosecutor in Adana indicted 14 police officers stating that they fired targeted shots. The police officers could have shot at the tires of the car but in exceeding their orders had shot at the victim. However, it could not be established who fired the lethal shots. The trial with the demand for aggravated life imprisonment started at Adana Heavy Penal Court on 27 October. Seydi Battal Özcan On 18 February police officers opened fire on a vehicle close to Mahmudiye district (Eskişehir) allegedly because stop warning were overheard and killed Seydi Battal Özcan. After the incident the police officers Vedat Aktaş was arrested. The police officers Hüseyin Duran and Murat Kayalı were released to be tried without pre-trial detention. Later it turned out that Hüseyin Duran had fired the shot. He was arrested instead of Vedat Aktaş. On 5 April the trial against the three police officers started at Eskişehir Heavy Penal Court. The defendants were charged with intentional killing and assistance. Selahattin Günbey On 19 March village guards killed Selahattin Günbey (13) near Düzce village in Nusaybin district (Mardin). Reportedly the village guards had warned Selahattin Günbey, Zeki Günbey (12) and Seyithan Gürkan (13) not to graze their sheep in that area. In connection with the incident the village guard Ahmet Dinç and the villagers Abdurrahim Dinç and Hasan Dinç were arrested on 22 March (for further details see the chapter on the Kurdish Question). Muhammed Hüseyin On 14 April fire was opened at a vehicle carrying refugees who had entered Turkey illegally. During the incident close to Uzunyol village in Çaldıran district (Van) Muhammed Hüseyin (Afghanistan) was killed and İsmail Fadir, Nadir Ertan (from Bangladesh) and Mubaşer Ebugafur (Pakistan) were injured. Orhan Açıkyürek On 16 a group of people trying to blackmail Erdoğan Tomris in Aşağı Hasinli village in Boğazlıyan district (Yozgat) and soldiers broke out. During the incident Orhan Açıkyürek was killed and Halil İbrahim Açıkyürek was injured. The soldiers detained 14 members of the Açıkyürek family. Hakan Bektaş On 19 April the police in İstanbul raided a house in Halkalı and killed Hakan Bektaş. Yavuz Erzor was injured. Officially they had clashed with the police. After the incident Ayhan Duygu and the girl B.B. (16) were detained. Hüseyin Doğan On 20 April the police in Tarsus (Mersin) opened fire on two persons who had broken into a market. Hüseyin Doğan was killed and Murat Keleş was detained. Hasan Kurşun On 27 April the police in İstanbul killed Hasan Kurşun (23) when they opened fire on a car that allegedly did not follow stop warning in Göztepe. Reportedly the car had hit the police officer Yücek Uğur before the other police officers opened fire. The companions of Hasan Kurşun brought him to a hospital in Kartal, where he died. Çetin Kum On 1 May soldiers killed Çetin Kum near Yukarı Tulgalı (Turgay) village in Özalp district (Van). It was said that Çetin Kum was smuggling petrol and did not follow stop warnings. The HRA in Van researched the incident. Later Zeki Yüksel, chair of the HRA in branch said that Çetin Kum was killed without prior warnings. He had been shot once from close distance and the bullet had hit his heart. Zeki Yüksel added that soldiers had beaten A. Kum (17) who had been with Çetin Kum. A. Kum said: "They targeted my uncle Çetin Kum. He was hit and fell to the grounds. The soldiers were cursing. I begged them to help my uncle, but they did not allow me to help. Villagers came and were not allowed to get close. The soldiers hit me on my head until I fainted. My uncle died on the way to hospital, because of a loss of blood." Murat Horoz On 24 May police officers killed Murat Horoz on İstanbul-Fatih allegedly because he did not listen to stop warnings. İsmail Demir Special security officers from the Directory for Agriculture (TİGEM) killed İsmail Demir from Hamik village in Ceylanpınar district (Urfa) on 2 June. Three security officers were arrested on 8 June. On 4 June a delegation of the HRA, Mazlum Der and DEHAP carried out an investigation. Speaking in the name of the delegation Ahmet Dağtekin, DEHAP chair for Urfa province, said that they spoke with relatives and villagers who told them that İsmail Demir had made himself a storage place for straw in 2001. One week before the incident officers from TİGEM had asked him to destroy the storage place, but he had refused. On the day of the incident the security officers had put the storage place on fire and when İsmail Demir came out of his house they had shot at him. The villagers also had told the delegation that they had protested the action by throwing stones at the officers. One of them, Haydar İnan had been injured. The villagers further complained that they were not given their rights, roads were not established, they had no electricity and water and even if they only built a toilet TİGEM would interfere. The report of the delegation was announced at the office of Mazlum Der in Urfa on 10 June. Sedat Gözkıran, executive of Mazlum Der added to the observations of Ahmet Dağtekin that İsmail Demir had not been shown any official decision to destroy his storage place, before the officers from TİGEM set it on fire. First the officers had discussed with the son of İsmail Demir, who had come later, but without anything that could be regarded as a weapon. He had not even had a stone in his hand. It was uncertain who among the officers fired the deadly bullet. Ömer Yüce On 7 June the police in Denizli killed Ömer Yüce who reportedly did not listen to stop warnings. Denizli Police HQ stated that they had been informed of an attempted robbery. Police officers had gone to Barışkent Housing Estate and had seen two persons trying to enter a house. The thieves had not stopped and, therefore, the police officers had shot. İhsan Bertan İhsan Bertan, former DEHAP chair in Malazgirt district (Muş) was killed on 13 June. Unidentified assailants attacked his car near Karlıova district (Bingöl) and shot him dead. One person accompanying İhsan Bertan was injured. After the incident his brother Nizamettin Bertan filed an official complaint against Hasan Bektaş, Veli Bingöl and Aydın Baysal. Nizamettin Bertan said that Aydın Baysal had been with his brother. Many members of his family were village guards. Now they could not find Aydın Baysal. The ballistic report had concluded that the shots had been fired from close range and empty cartridges of Bikisi, M-16 and Kalashnikov weapons had been found. The testimonies the investigation file of the prosecutor were contradictory. Nizamettin Bertan added that after his complaint the suspects had been detained, but released shortly afterwards. Orhan Deniz On 16 June soldiers killed Orhan Deniz apparently when he tried to cross the border into Iran near Başkale district (Van). Osman Yumuşak who had been with Orhan Deniz said: "Some 200 meters outside the village soldiers stopped us. They shot from close range without a warning. Immediately Orhan shouted that he had been hit. I went to him and saw that he had been wounded to his leg. I wanted to take him to the village but the soldiers ordered me to go away. I informed the villagers and later heard that Orhan had died." Rıza Adıyman, a cousin of Orhan Deniz said that they had filed an official complaint against a sergeant called Hüseyin from Alev Piyade Gendarmerie Station in connection with the detention of his son İlyas Adıyaman. Afterwards they had been threatened frequently. "About one month ago the sergeant Hüseyin had detained my son without any reason and held him for 24 hours. I complained and at Van Military Court I repeated my complaint." About a week ago the commander of Gelenler Gendarmerie Station had asked him to take back his complaint and, if he should not take back the complaint, "one soul would be taken from the village in revenge". Fahrettin İnan During the funeral of the PKK militants Mehmet Bozan Şahin and Cevher İşnaz in Bostaniçi town (Van province) on 21 June the police shot at the demonstrators and killed Fahrettin İnan. Rahmi Aslan, Bahattin Aslan, Menal İpek, Gülan Bilek and Ekrem Aydın were injured. On 30 June the HRA published a report about the incident. It stated that some people connected to the army and police had provoked the crowd. One eye witness, Bazi Aslan had told them: "I was at the funeral after information had arrived at the DEHAP office that the coffins would arrive. At 4.30pm we were informed that the persons had been buried secretly. We set off for Bostaniçi and walked for about 3 kilometers. There were some people in the crowd that were not related to us. They provoked the crowd and some of them went to the soldiers and police officers, when they left us." The report termed the killing of Fahrettin İnan an EJE and added that the crowd did not use any arms. Besides the seven people that had been injured several others did not go to hospital because they feared that they might be detained. Eyüp Beyaz On 1 July the police in Ankara killed Eyüp Beyaz after an unsuccessful suicide attack on the Ministry of Justice. The official declaration stated about the incident: "At 9am Eyüp Beyaz wanted to enter the Ministry. The warning device at the entrance gave a signal. A female officer stopped Eyüp Beyaz and wanted to search him. Eyüp Beyaz refused and other police officers forced him to the ground. He was handcuffed. Eyüp Beyaz wanted to explode the bombs on him. Just one device exploded and while the police officers panicked he could escape. Officers ran after him and at the entrance of Güvenpark they shot him in his leg. Eyüp Beyaz wanted to get up and made another attempt to explode the bombs. One police officer shot him from close range." Later specialists defused the bombs. Reportedly Eyüp Beyaz was wanted for two years as an alleged member of the DHKP-C. After the incident the HRA stated that it was the first duty of the security forces to respect the right to life. Considering that the victim had been handcuffed and laying on the ground it should have been possible to catch him alive. . Murat Üçgül In the night of 30 July a police officer on duty at the governor's office in Kocaköy district (Diyarbakır) shot at three village guards believing that they were PKK militants. He killed Murat Üçgül and injured Yılmaz Kaya. Mehmet Kaya was able to escape. The daily Özgür Gündem quoted an unnamed witness as having heard the police officer on duty that he had killed a village guard by an accident. The official announcement stated that PKK militants had attacked the village guards. X.X. On 5 August the police in İstanbul killed an unnamed person in Kadıköy. The official announcement said that two persons kidnapped M.Y.K. in İçerenköy asking for a bribe. M.Y.K. was set free to get the money, but informed the police instead. When delivering the money the kidnappers did not surrender and the police allegedly killed the person in a clash. Abdurrahman Bahadır On 7 August Abdurrahman Bahadır killed Osman Balbaşı who had been detained in connection with an ordinary offence in Hatay and was taken from court to the police vehicle. Subsequently police officers killed Abdurrahman Bahadır. Actually the prosecutor had ordered the release of Osman Balbaşı and Adil İncili who had been detained on 6 August after a fight in a pastry shop. However, the suspects had been informed that the people they had quarreled with were waiting outside and asked for protection. The prosecutor ordered protection but Abdurrahman Bahadır was able to kill Osman Balbaşı in the police car and could injure Adil İncili. Police officers shot him when he tried to escape. Yusuf Yaşar On 12 August soldiers killed Yusuf Yaşar near Kavakli village (Hakkari). The governor's office in Hakkari announced that Yusuf Yaşar was a PKK militant who had tried to place a mine on the road and who had been killed in a clash. Later it turned out that Yusuf Yaşar had been killed from close range after he had been detained. Kamil Yaşar, the younger brother of Yusuf Yaşar said that his brother had no connection to the PKK. He added: "My brother told me that police officers frequently pointed at him and harassed him. He was afraid that something might happen to him. I believe that he was abducted in the town. Only three days ago we had been on the meadows. He wanted to marry soon. A person aged 40 cannot suddenly become a militant. Many people saw him on that day. At 8pm I was still with friends in town. How can it be that he travels for 60 kilometers to plant a mine? In the night when my brother was killed the drive of a minibus wanted to get the corpse, but members of a special unit threatened him with a gun to his head. We were not allowed to be present during the autopsy." Later Kamil Yaşar added that witnesses saw how his brother was kidnapped by people with masks, but these people were too afraid to testify. His brother had shouted that his kidnappers were from JİTEM. Naif Kayacan, member of the province parliament for the SHP said: "On the day of the event I drank tea together with Yusuf at 5pm. At 7pm his uncle came and asked him for help with the water pipe. Yusuf said that he would come in 10 minutes. We left the coffee shop and later I heard that Yusuf had been killed. The way to the house of his uncle is very dark. Possibly Yusuf was kidnapped on this way." Necibe Güneş, chair of the HRA in Hakkari said that if the victim had been a militant it would have taken at least two days to identify him. In this case, however, the family was informed immediately which shows that the person was known to the security forces. The autopsy report stated that Yusuf Yaşar was hit by 20 bullets to his head and chest. Next to the corpse had been a shovel and behind a rock they had found a small amount of C4 explosives. The victim had worn civilian dress. Mehmet Kaçar The child Mehmet Kaçar from Kıyıdüzü village in Tatvan district (Bitlis) was shot close to his village on 14 August. Together with two friends had been grazing sheep when presumably members of a special unit shot him. Özgür Gündem reported on 5 October that masked people had come to the boys and asked them their names. Mehmet Kaçar who was called "Hogir" in the village was asked for the meaning of that name and he answered that it meant "soldier of Apo". The masked persons beat Mehmet Kaçar with the stock of their rifles and then killed him. Erdoğan Altan, reporter for the news agency Dicle was detained on complaint of the village headman Habib Atacan, when he went to research the incident. The news in Özgür Gündem also stated that the families of the other two boys prevented them to speak to the press and one villager H.A. had stated that everybody knew what happened but nobody dared to speak. Orhan Kaçar, the elderly brother of Mehmet Kaçar stated: "In the evening there should be a wedding of a relative. Hogir went to get the sheep from outside the village. When the wedding was over my father and my brothers went to look for him at 11-11.30pm. We searched until 1-2am, but could not find him. In the morning we found him with his head cut to the back. It was horrible. We don't have any enemy. We are all like relatives in the villages. I do not suspect anyone." Ersin Karabulut In mid-August soldiers killed Ersin Karabulut (17) near Yukarı Tulgalı (Turgay) village in Özalp district (Van). Reportedly he did not listen to stop warnings. Lawyer Taner Polat, lawyer Cüneyt Canış and Ömer Işık, executives of the HRA in Van researched the incident. Cengiz Karabulut, a relative of the victim stated that he had been together with Ersin Karabulut: "At 7.30pm on 15 August we went to look for disappeared sheep. There was a distance of 100 meters between us. The villagers came when they heard shots. Soldiers told them that they had fired into the air and one person had fled to the village. Only one soldier told me that the commander had shot Ersin. We found him in a hollow where he had been dragged to. He was still alive. We wanted to take him to Özalp State Hospital, but he died on the way. I did not hear any warnings before the shots and Ersin was shot from close range." Village headman Abdullah Akgül stated that during the last two year 6 inhabitants of the village had been killed by the soldiers. Zeki Yüksel, chair of the HRA branch in Van stated that the prosecutor had decided to run the investigation secretly. He demanded that the responsible soldiers and commanders should be suspended from duty. Zeki Yüksel also called on the Human Rights Commission in the GNAT to carry out an investigation. Allegedly Ersin Karabulut was smuggling petrol, but on his clothes no traces of petrol had been detected. Suat Kandemir On 15 August gendarmerie soldiers opened fire on a vehicle in Ümraniye (İstanbul) apparently because it did not stop. Suat Kandemir (19) was heavily wounded and died in hospital on 18 August. His brother Fuat Kandemir said that they had been afraid when three soldiers came up to their car because they had no driving license. His brother had started the car and driven onto a wall. The soldiers had shot at the same time and he had asked them to care about his wounded brother, but they had ordered him to lie on the ground and searched the vehicle. In the hospital a group of soldiers and police officers had attacked him. He had been handcuffed and taken to Sarıgazi Gendarmerie Station. The lawyer Bekir Cindi complained that the minutes of the incidents had included witnesses unrelated to the event and the criminal record of Fuat Kandemir had been included although this was unimportant. Bekir Cindi also complained that the prosecutor had not inspected the scene of the incident. The office of İstanbul Governor declared that the car had been observed for the last five days and that fire had been opened when the occupants of the car tried to escape. It had appeared that a person in the back of the car had been holding something resembling a pistol. The suspects had been ordered to stop and shots had been fired when they drove away. In a distance of 50 meters one shot had been fired at the tires. Hasan İş During the funeral of HPG militants who had been killed near Tepecik village in Beşiri district (Batman) Hasan İş was killed. He was buried on 29 August. The autopsy report of Batman State Hospital claimed that Hasan İş had been killed before the funeral was held. Batman Police HQ maintained that the police was not responsible for the death (for further details see the Chapter on Freedom of Assembly). Abdullah Aydan On 6 September the police in Siirt intervened when a group met the people returning from Gemlik where they had tried to protest the situation of Abdullah Öcalan. During the clashes 17 people including one police officer were injured and 93 people were detained. Abdullah Aydan who had been wounded to his head with a gun died in hospital (for further details see the chapter on Freedom of Assembly). Hasan Akdağ In the night of 14 September the police officer R.L. killed the taxi driver Hasan Akdağ in Tunceli. Tunceli Governor Mustafa Erkal stated that there was no political background to the case. The killing had happened under the influence of alcohol. The police officer and two further passengers of the taxi had been detained. During the funeral of Hasan Akdağ participants clashed with the police resulting in damages to four police vehicles. Kazım Taşdemir On 17 September the police officer Gökhan Gündüz shot three people in İstanbul-Bayrampaşa allegedly during a robbery. One of the, Kazım Taşdemir, was killed. Üzeyir Taşar, X.X., Selçuk İnci, Şerif Kaya On 21 September police officers killed Üzeyir Taşar, Selçuk İnci (20) and an unnamed person in the city center of Van. On 23 September soldiers killed Şerif Kaya who had managed to escape during the incident in Van and was discovered in a house in Otbiçer (Ermelur) village in Gürpınar district (Van). The official announcement stated that police officers had surrounded a house in Van, but the HPG militants had tried to escape with a taxi. Üzeyir Taşar had been shot and the other three suspects had been detained. In the house remaining militants had clashed with the police. Selçuk İnci and the unnamed person had been killed. Three people had been detained; one of them wounded and one person had managed to escape. According to news in Özgür Gündem the police in Van had intensified their control after an attack on Cumhuriyet Police Station on 17 September. On the day in question police officers had followed a taxi that Mehmet Saydam was driving. At 10.30pm Üzeyir Taşar had been killed when he left the taxi. Yakup Taşar and the taxi driver had been detained. Later the police had raided the house of Salih Turgut in the same street. Two people had been taken out and shot there. The police had detained Salih Turgut, Hüsna Turgut and Y. Turgut (15). The eye witness Enver Görün said that he saw police entering the quarter with armored vehicles. He had heard shots and raids of their houses started. They had been dragged over the ground and beaten heavily. In the end the police had taken three persons with them. The eye witness Cemil Aslan said that the police killed Üzeyir Taşar who had discussed with them from close range. The father of Üzeyir Taşar, Cevher Taşar said that the officials had told him that his son had been shot by mistake and promised that the detainees would be released of the funeral passed without an incident. Accompanied by a delegation Cevher Taşar met with Van Governor M. Niyazi Tanılır and security officers. He had informed the governor that his son had been killed 500 meters away from the house where the other two people were shot and that he had no connection to them. The governor had told them to go to Van Police HQ and get the necessary information. Here they had been told that Üzeyir Taşar had been killed by mistake. Despite the promise to release the detainees if the funeral passed without an incident the police had not released Yakup Taşar and the taxi driver Mehmet Saydam after the funeral stating that arms and bombs had been found in the car. A relative of Üzeyir Taşar said that the father of eight children had come from İstanbul to Van to ask for a bride. He had gone to the quarter to inform his relatives that he was about to leave. As far as the other two persons were concerned they were shot in front of the house and there had been no clash. Abdullah Saydam, elderly brother of Mehmet Saydam, stated that the police kept them in an attempt to cover up the killing. On 23 September the police raided many houses in the quarter. Later the woman Ayten Yaşar complained to the HRA in Van. She said that masked people had entered her flat while she was watching TV with her children. The police had broken the back door and pointed to her head with a pistol. One police officer had kicked her and she had lost consciousness. When she regained consciousness she had seen that the whole flat was in a mess. On the Internet pages of the news agency Mesopotamia the death of Şerif Kaya was attributed to the raid of the flat of Abdulbaki Üçer. Şerif Kaya had jumped out of the window but soldiers caught him and shot him after detention. Abdulbaki Üçer, his wife Sinem Üçer and three visitors had been detained. Mehmet Kaya, the father of Şerif Kaya, stated that the repentant confessor M.Emin Gül had denounced three HPG militants including his son. Two of them had been killed, but his son had managed to escape. In Otbiçer village he had been detained without arms. In front of the villagers he had twice been shot to his feet. Later he had been killed under torture. Right next to the cemetery of Gürpınar district he had been thrown into a hole. Mehmet Kaya added that he had had difficulties to identify his son, because his head had been destroyed. Among the persons that were detained during the raid M.A., Y.B., A.T., Y.T., H.T., S.T., M.A.S. and A.B. were arrested. H.A. and A.U. were released. X.X. On 23 September the police in İstanbul killed one person during an attempted bank robbery. The person aged 27 to 28 had entered the bank in Eminönü at 5pm and asked for money showing explosives on his body. While one staff member had given him the money another one had informed the police. The robber had left the bank with a hostage, but later tried to run away without the hostage. Police officers had shot him on escape. İstanbul Chief of Police Celalettin Cerrah said that the pistol and the explosives had been faked. Simge Ege On 25 September the police in İzmir shot at a vehicle that did not stop and killed the woman Simge Ege (18). Reportedly Simge Ege had been sitting in the front of the stolen car and was hit to her head. The driver Yaşar Selçuk B. took her to hospital where she died. The driver was detained there and it was said that he was wanted. Talat Işık On 27 September Talat Işık (15) died in Bostaniçi town (Van) apparently when an illumination rocket exploded. The eye witness Ferhat Işık said: "We were sitting on the balcony. I heard an explosion and the area was enlightened. That lasted for two minutes. At the end something fell on Talat's head. When I looked at him I saw that his head was cut." Haydar Işık, the father of the child said that the prosecutor and the police came after the incident and wanted to search their flat. The owner did not allow them to do so and after they had searched the environment they concluded that the illumination rocket had caused the injury. Atilla Geçmiş On 2 October the police in İstanbul opened fire on a group demonstrating for Abdullah Öcalan in Bağcılar quarter and killed Atilla Geçmiş (25). During the demonstration that started at 3pm the demonstrators threw stones and Molotov cocktails at the police. One police officer, who was hit by a Molotov cocktail shot and injured Atilla Geçmiş, Murat Olgun (15) and Erol Çalışkan. Atilla Geçmiş who was hit by four bullets to his chest died in hospital. İstanbul Police HQ announced that the demonstrators also used arms and, when the police officer Faruk Y. was injured, a colleague fired shots that resulted in the death of Atilla Geçmiş. Erol Çalışkan later filed an official complaint. During the investigation he was able to identify three police officers. They were detained, but released shortly afterwards. In his testimony Erol Çalışkan said that he was on his way to Taksim Square when the road was blocked with demonstrators. He had been wounded, when he tried to get away from the scene of the incident. The lawyer Suat Eren said about the action: "Right at the beginning of the demonstration two vehicles, one of them an official police car, that had been waiting about 100 meters away from the crowd came closer. Three police officers came out of the official car and shot without a warning. As a result of the fire Murat Olgun and Erol Çalışkan were wounded to their legs. A group that saw the incident attacked the police officers. Atilla Geçmiş was among this group. The group got hold of the shooting police officer and beat him up. The police officer responded by saying that he was a Kurd, too and did not shoot. The group let the police officer loose, but as soon as he was free he pulled his pistol and shot Atilla Geçmiş from close range." Burhan Budak On 4 October soldiers killed Burhan Budak and injured Ferzende Budak near Değerli village in Yüksekova district (Hakkari) allegedly because they did not listen to stop warnings. Officially the victims first shot at the soldier and Burhan Budak had died in a clash. It was also said that arrest warrants existed against both persons for drug smuggling. After the incident CHP deputy for Hakkari, Esat Canan, came to the hospital. He said that contrary to the official statement the villagers had told him that the soldier had directly fired at the victims. The daily Özgür Gündem quoted the village headman as saying that the soldiers raided the village at 3am. Shots were fired without a warning. Burhan Budak who had been sentenced for drug smuggling and who was on the run was killed when he tried to run away. Y.K. On 7 October gendarmerie soldiers shot at a car in İstanbul Büyükçekmece Kumburgaz settlement because it did not stop. Y.K. died as a result of the shots. According to the official statement the three occupants of the car first shot at the soldiers. X.X. On 11 October the police in İzmir killed one person allegedly because he did not stop. In the incident a police officer also died. Reportedly the police tried to stop a stolen car in Bornova distinct. The vehicle drove on and hit the police officer Kurtuluş Karabacak. He died because of his injuries. Later the car was found in Yeşilova quarter. The police found out that Emin Yamanlı had been using the car. When the police surrounded his house he reportedly shot at the police officers and tried to escape. He was shot on escape. In connection with the incident Erdoğan E. and Dilek E. were detained and Ali K. was wanted by the police. Uğur Özkonak On 13 October the police in İstanbul killed Uğur Özkonak in Kadıköy reportedly because he did not follow orders to stop. It was said that a police officer on guard in front of a building saw Uğur Özkonak taking something out of car and shot him dead. It was further reported that Uğur Özkonak was suffering from schizophrenia. A.D. On 22 October the police in Didim district (Aydın) discovered a gang of 5 people trying to steal goods from a market. The police officers shot one of them, A.D. Officially the thieves opened fire at the police officers before they shot back. A.D. was hit and the other four men, S.A., Y.A., A.U. and E.G. were detained. Two police officers who the suspects hit with their car when they tried to escape were slightly wounded. Barış G. In the night of 5 November the police in İzmir killed Barış G. Reportedly the police officers asked Barış G. and Can K. for their IDs and Barış G. shot and tried to escape. He was wounded but died in hospital. Can K. was detained. Both men had allegedly been wanted. Kamer Özel The governor's office in Tunceli announced that a HPG militant had died on 9 November, when he tried to plant a mine near Çiçekli village and the mine exploded early. Later it was discovered that the person was Kamer Özel, executive of DEHAP in Tunceli. On the website of Halkın Sesi it was said that the chest of Kamer Özel had been ripped into pieces while he had not been wounded to his legs as it would have happened if a mine had exploded. In addition, there was no hole at the place of the incident. On 14 October Kamer Özel was buried in Güleç village. Speaking at the funeral Murat Polat, chair of DEHAP in Tunceli said that the phone of Kamer Özel was in the hands of JİTEM since executives of his party still received calls from this phone. On 15 November Murat Polat spoke at a press conference and said about the dark points in the event: "On 9 November our friend came with a tractor from Baldan village to Tunceli. It was 6pm. How can he get to Çiçekli Gendarmerie Station in just 3 hours? If someone is killed when trying to plant a mine first his hands and arms must be injured. But there were no injuries and allegedly he was identified from his fingerprints. The HPG itself stated that there was no action on their behalf at that place and called the deceased a civilian. On 10 November Atilla Aslan called Kamer Özel on his mobile with the number 0533-6300565. After a normal ring tone the phone was set to occupied. From the same number one of our executives, Songül Ataş received a phone call on 13 November at 9.47am. Who is in possession of this phone that apparently was not destroyed?" X.X. On 28 November gendarmerie soldiers tried to stop a vehicle at the entrance to Aşağı Çarıkçı village in Iğdır province. The vehicle apparently carrying people who had entered Turkey illegally reportedly did not stop and the soldiers shot at it. A person from Pakistan died as a result of the wounds, another three persons from Pakistan were injured and 12 people were detained. Ramazan Harmancı On 29 November the police in Reyhanlı district (Hatay) shot Ramazan Harmancı wanted in connection with theft. Officially Harmancı was caught red-handed and died in a clash. Metin Durbak, Halil Meşe On 27 November unidentified persons shot the villager Metin Durbak (38) and Halil Meşe (41) in the Domudağı region in Dörtyol district (Hatay). The official announcement claimed that the HPG shot them. However, Halil Meşe had earlier been convicted for helping PKK militants. The HPG announced not to be involved in this incident and claimed that soldiers had believed them to be HPG militants and shot them. The same statement also claimed that a person called Ali Asker who had been kidnapped in İslahiye district (Gaziantep) several days ago had been killed. Muzaffer İsazade On 23 December soldiers killed Muzaffer İsazade (from Iran) near Koçdağı village in Saray district (Van). He was said to have taken petrol from Iran to the village. He first had been shot to his foot, but was kept at the gendarmerie station very long so that he died because of a loss of blood on his way to hospital. Later soldiers and relatives from Iran tried to get the corpse but reportedly were refused to get it because the incident happened on the Turkish side. Haşım İşazade, father of the victim, claimed that his son had been shot at noon from close range. People accompanying his son had told him that he had not moved, but soldiers had shot at him all the same. He could have been taken to a nearby hospital on the Iranian side. Incidents resulting in Injuries Nihat Gülbeyaz: On 19 April police officers in İzmir shot at a suspect at the central bus station in Bornova and wounded unrelated Nihat Gülbeyaz (30) heavily. Murat İlksoy: On 31 May the police in Aydın shot at three persons who tried to steal from a kiosk. Murat İlksoy (20) was injured to his neck and reportedly will remain paralyzed. Murat İlksoy was held responsible for the wounding of police officer N.D. Şahin Mendi: Six village guards attacked the Mendi family on 1 June when they were working on a field between their village Günyurdu and Akçakuşak in Güçlükonak district (Şırnak). Şahin Mendi was injured with two bullets to his leg and taken to hospital. Mustafa İ.: On 15 August the police on İstanbul-Fatih carried out an ID check. Reportedly Mustafa İ. drew a knife before the officers shot at him an injured him to his leg. Esen Yayan, Züheyla Yayan: On 28 August the police in Mezitli town (Mersin) shot at a car that did not stop, but injured Esen Yayan and Züheyla Yayan (60) traveling in a different car. On 6 July soldiers opened fire on villagers near Taşdelen village in Uludere district (Şırnak). The villagers Cemil Altürk, Haydar Dinar, Kadri Aykut, Rehber Aykut and Ziya Dindar were allegedly smuggling goods to Iraq. They claimed that the soldiers killed eight of their horses and threatened them not to complain. Trials on EJE Fevzi Can: On 11 January Hakkari Heavy Penal Court started to hear the case of Sergeant Murat Şener charged in connection with the killing of Fevzi Can near Örencik hamlet, Ortaklar village in Şemdinli district (Hakkari) on 30 November 2004. The defendant was released after the hearing. During the hearing of 22 March the plaintiffs asked for an on-site inspection and a report of the Forensics on the clothes of Fevzi Can. The court rejected both demands. On 16 December Murat Şener was sentenced to 16 months' imprisonment for having killed Fevzi Can by exceeding the limits of his duty. The sentence was suspended. Meanwhile the HRA had approached the Ministry of the Interior and was told that there was no need for disciplinary punishment of Sergeant Murat Şener. The reply of the Ministry was dated 31 January and related the results of an investigation "on the spot" on 2 December 2004. According to this report Fevzi Can had been warned twice to stop, but tried to escape. Yücel Solmaz: The Sergeants Atalay Boylu, Halil Karakaş and the soldiers Müslüm Demir and Halil Kül were indicted in connection with shots at a car in Edremit district (Van) on 25 December 2004. As a result of these shots Yücel Solmaz working at the health station in Van had been killed. The defendants were charged with killing by exceeding the limits of their duty. Lawyer Taner Polat said that the indictment was incomplete. It did not mention the fact that there was no sign for drivers to stop at that point. One of the defendants had mentioned masked men, but the indictment did not. The lawyer also criticized that the commander of the unit who gave the order to shoot was not indicted. The first hearing was held at Van Heavy Penal Court No. 2 on 3 March. The court issued an arrest warrant for Sergeant Halil Karakaş. On 29 March the defendant Müslüm Demir was heard. He claimed that they had shouted to stop, but the car had driven on. He had fired one shot without targeting anyone. Later he had heard that a person had died. The Human Rights Council in Van announced a report on the incident in April. It stated: "The place in question is under control of the police, but the gendarmerie put itself in the place of the police. Even if there was suspicion of a crime all possibilities to catch the person alive should have been used. In such a tourist place no court decision was ever made to carry out routine searches. Even if the gendarmerie was disturbed by noise and carried a certain suspicion the soldiers should not have shot but only informed the competent authorities." The court case did not conclude in 2005. Kenan Çubukçu, Olcay Bayrak: On 25 January Gümüşhane Heavy Penal Court continued to hear the case of a captain and seven soldiers charged in connection with an incident near Elmaçukur village, Şiran district (Gümüşhane) on 17 September 2004. In this incident Kenan Çubukçu and Olcay Bayrak had been killed and Selahattin Çubukçu and İsmail Sarı had been wounded. In March the report of the Human Rights Research Commission in the GNAT on the incident was announced. It stated inter alias: "In this region there was no terror of the PKK and none from the area joined the PKK. The incident happened at 8 to 8.30pm and not at 10.30pm. 40 minutes after the incident one shot from a hunting gun was shot to create the impression that the operation was a reaction to such a shot." Süleyman Yılmaz, governor of Şiran, disclaimed allegations that he had told villagers not to pursue the case because the State was responsible. The court case did not conclude in 2005. Ahmet Kaymaz, Uğur Kaymaz: In January the State inspectors appointed by the Ministry of the Interior to look into the killing of Ahmet Kaymaz and his son Uğur Kaymaz in Kızıltepe district (Mardin) on 21 November 2004 finished their report. The report said that four members of a special unit had been suspended from duty and were on trial at Mardin Heavy Penal Court No. 2. It was recommended to postpone disciplinary measures until the end of the trial. It was up to the General Directorate for Security to decide on continuation of duty. In case the officers should return to work they should be appointed elsewhere. The Directorate decided on return to work and appointed the offices to other places. In May deputy chief of Mardin Police, Kemal Dönmez was promoted to first degree chief of police. After the incident he had been suspended as well, but the prosecution had decided not to charge him. The objection against this decision had been turned down by Midyat Heavy Penal Court in March. The Court ruled that the chief of police had not used arms though he had been part of the operation. In March the prosecution's office also turned down the investigation against Makbule Kaymaz, the wife of Ahmet Kaymaz. It was stated that there was no sufficient evidence to prove that she was a member of an illegal organization. In February the press was informed that the Human Rights Research Council had not been given documents concerning the incident. The prosecution's office had turned down the request according to Article 138 of the Constitution providing "No organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of judicial power, send them circulars, or make recommendations or suggestions." In March the Commission announced its report. It stated inter alias: "The allegation that the PKK militant Nusret Bali with the code name 'Kabat' said to have hidden in the house escaped from there could not be upheld. It is beyond human feelings to believe that Ahmet Kaymaz gave his son a gun to assist the escape of the militant. The Forensic Institute established that eight shots were fired from the gun of Ahmet Kaymaz and five shots from the gun of Uğur Kaymaz. The date of the shots being fired could not be established. The laboratory stated that of the six bullet casings found at the place none carried the characteristics of the automatic weapons and, therefore, such a point could not be clarified. In the light of this information there are serious doubts that the arms allegedly belonging to Ahmet and Uğur Kaymaz were used in the incident. The shots fired at them were shot from 2 to 3 meters distance. This minimizes the possibility of a clash, since the police officers, too, would have suffered wounds. But none of them suffered the slightest injury. There were no fingerprints on the hand grenades. Father and son had been wearing slippers." At the end of the report it was said: "Looking at the event with the information available it can be said that the security forces used extreme force leaving us in a difficult situation face to face to our citizens, the members of the EU and other Western States," During a press conference on 7 April CHP Mersin deputy Hüseyin Güler, member of the Commission, stated that a police officer called Suat had called him and asked him not to stir up the case. Meanwhile the prosecutor in Kızıltepe indicted Mehdi Perinçek, HRA representative for East and Southeast Anatolia and Selahattin Demirtaş, chair of the Diyarbakır branch of the HRA, in connection with a report on the killing of Ahmet and Uğur Kaymaz. The report of 25 November 2004 allegedly had violated Article 19 of the Press Law concerning the confidentiality of investigations. Selahattin Demirtaş said that their report only presented the fact without looking into any files of investigation. The trial started on 13 July at Kızıltepe Penal Court No. 4. After the hearing Selahattin Demirtaş expressed his astonishment about the fact that only two of the five authors of the report had been indicted and were treated as journalists. At the same time Ramazan Er, press officer of the General Directorate for Security had made an announcement quoting from results of laboratory research. They had filed an official complaint against Ramazan Er trying to influence investigation, but had been told that the officer had not commented on the file, but only informed the public. The latest hearing was on 21 October. The Trial On 21 February Mardin Heavy Penal Court started to hear the case in relation to the killing of Ahmet Kaymaz and Uğur Kaymaz. The defendants Seydi Ahmet Töngel, Yaşafettin Açıksöz, Mehmet Karaca and Salih Ayaz did not participate since they had been appointed to other places. The hearing was closed for the press. Acting for the family the lawyer Tahir Elçi and Sezgin Tanrıkulu criticized the absence of the defendants and stated that the indictment had been prepared with the intention to protect the police officers. The evidence had been collected by colleagues. It was said that there was a clash but no bullets had been found in the wall of the house and the lorry. All participating police officers should be on trial. Defending the police officers the lawyer Veysel Güler said that the incident lasted for 5 or 10 seconds. The report of the Human Rights Commission had mentioned that the number of children terrorists in the world had gone down from 360,000 to 300,000, but this was proof that even children could be terrorists. The lawyer also doubted the age of Uğur Kaymaz said to have to shave already. During the hearing the prosecutor asked to transfer the case to another place for security reasons. The Ministry of Justice decided that the case should be heard in Eskişehir. The trial continued at Eskişehir Heavy Penal Court on 20 July. The police officers testified and claimed that Ahmet and Uğur Kaymaz first had shot at them. Acting for the sub-plaintiffs the lawyer Tahir Elçi reminded of the fact that five months had passed since the first hearing. He criticized that the hearing had been transferred to a distant place and alleged that the Ministry of Justice had interfered with the judiciary in an attempt to prevent the truth from being discovered rather than of fear for security. Before the hearing a group of members of DEHAP, EMEP, ÖDP and SHP had gathered in front of the courthouse. They were attacked by right-wingers. In the fight five people were injured including one police officer. Shortly after the hearing of 24 October started 20 lawyers representing the Kaymaz family left the courtroom because 30 of their colleagues from İstanbul had not been allowed entry to Eskişehir. Defense lawyer Veysel Güler claimed that the lawyers of the sub-plaintiffs only held a show and tried to get compensation from the ECoHR. He also maintained that Uğur Kaymaz was not a small child anymore. The photographs in the press had been taken when he was a pupil in the second class of primary school. In fact he had been 15 to 16 years old. With the weight of 65 kilogram he had been able to wear a Kalashnikov of 3 kilograms. The day before the hearing Eskişehir Chief of Police, Savaş Yücel had announced that only 100 persons would be allowed into the courtroom and all others would not be allowed entry to Eskişehir. Some 25 students who had gathered close to the city center had a discussion with police officers before the police officers dispersed them under beatings. Several students were detained but released the same day. In December a report of the First Expert Department in the Forensic Institute on the question whether the injuries sustained by Uğur Kaymaz had prevented him from entering a clash arrived in court. The report stated that 11 bullets had entered the body of Uğur Kaymaz. The ones entering from the back had destroyed internal organs and each of them had been lethal. Once the heart had been hit the person would have been unable to continue with any movement. However, other injuries might not have prevented the person from movement and from firing shots. Since it could not be established which of the bullets reached the body first it could not be said whether the injured person had been able to engage in a clash or not. No observers were allowed to the hearing of 19 December because of security. Defense lawyer Veysel Güler repeated his arguments on the status of a minor. Lawyer Tahir Elçi asked for the testimony of deputy chief of Mardin Police, Kemal Dönmez as witness and for pre-trial detention for the defendants. The Court rejected demands to arrest the police officers and to make an on-site inspection. The trial did not conclude in 2005. Şiar Perinçek: The trial relating to the killing of Şiar Perinçek in Adana on 28 May 2004 continued throughout the year at Adana Heavy Criminal Court No. 2. During the hearing of 8 February the police officer Kadir Kara on duty at Adana State Hospital was heard as witness. He claimed that he had not seen the clothes that the victim had been wearing. Yet he and others had carried out a body search and found 900 dollars, some Turkish currency, cigarettes and a lighter. They had noted this and handed over the note to police officers from the department to fight terrorism. The victim had still been wearing his clothes when he was transferred to the operation room. The presiding judge reminded the witness of his testimony to the prosecutor where he had said that he and others had taken off the clothes and handed them over to the officers from the department to fight terrorism. Acting for the sub-plaintiffs lawyer Mustafa Cinkılıç maintained that the witness was lying. He should have appeared in a previous hearing and at the time they had suspected that the evidence might be manipulated. During the hearing of 12 April lawyer Veysel Güler defending the police officers claimed that the clothes of Şiar Perinçek were not important. The person had been a terrorist and had shot at the police officers. They had shot back in order to defend themselves. Lawyer Mustafa Cinkılıç interfered and said that the point in question was not whether Perinçek had been a terrorist or not. The point was that a human being had been killed. He did not share the opinion that terrorists can be killed. If there was an offence the offender should be apprehended, tried and given a sentence. During the hearing two further witnesses from Adana State Hospital were heard on the question of Şiar Perinçek's clothes. Both staff members at Adana State Hospital said that they had not seen the clothes. After the hearing of 31 May the sub-plaintiffs filed an official complaint against the police officers Kadir Kara and Durmuş Ali Öztürk from Adana State Hospital accusing them of concealing evidence. During the hearing of 18 July lawyer Yasemin Dora Şeker acting for the sub-plaintiffs alleged that some documents that the defendants had presented were faked. The signature of Nurettin Başçı (the person accompanying Şiar Perinçek) under the note of apprehension did not belong to him. Lawyer Şeker claimed that the police officers had prepared this note at a later stage. In the trial in Adana that did not conclude in 2005 the police officer Davut Özateş is charged with killing while the Commissioners Mesut Gürkan and Erhan Çiloğlu are charged with having tortured Mehmet Nurettin Başçı. In November four people including three police officers were indicted in connection with the disappearance of the clothes of Şiar Perinçek. Besides the police officers Kadir Kara, Durmuş Ali Yücel and Taner S. (from the department to fight terrorism) Engin Pekdemir working at the hospital were charged with negligence of duty. The trial was to be heard at Adana Penal Court No. 11. The clothes are important to establish the distance of the shots fired at Şiar Perinçek. The sub-plaintiffs argued that there was no clash, but deliberate shooting from close distance. The lawyers further argued that the defendants should not only be charged with negligence of duty but also concealing evidence. The Gazi Trial: Trabzon Penal Court No. 2 acquitted the judge Yusuf Kandemir on trial in connection with the trial at Trabzon Heavy Penal Court on the incidents in İstanbul Gazi quarter in March 1995 during which 19 people died was acquitted. He had been charged with negligence of duty because he lost a directive sent to the prosecutor's office in Gaziosmanpaşa (İstanbul) asking for the identity of further suspects in an attempt to prolong the hearing until the statute of limitations was reached. Ramazan Demir: On 9 June Mardin Heavy Penal Court No. 1 started to hear the case of 13 soldiers charged in connection with the killing of Ramazan Demir and injuries of 4 people in Kovalı village, Derik district (Mardin) in October 2003. Demands for pre-trial detention of the defendants were rejected. The trial did not conclude in 2005, but surprisingly for the sub-plaintiffs was transferred to Adana in December. On 13 October 2003 soldiers had opened fire on the villagers and injured Murat Demir (17), Ramazan Demir (80), Hamdullah Demir (67), Nusret Demir (65) and Mehmet Demir (38). Ramazan Demir died in hospital on 18 October 2003. Burak Yılmaz: On 8 July İstanbul Heavy Penal Court No. 1 concluded the case against the police officer Mehmet Yıldız who had killed Burak Yılmaz in İstanbul-Kumkapı on 22 May 2004. He was acquitted on the grounds that he did not exceed the limits of duty. In the same trial Aşir Kurnaz was sentenced to 4 years', 5 months' and 10 days' imprisonment for the attempt to kill the police officer Mehmet Yıldız and carrying a pistol without a license. During the incident of 22 May 2004 Aşir Kurnaz first had injured Haluk Önal with a weapon. The police officer Mehmet Yıldız had tried to stop him, but Aşir Kurnaz shot at him too. Firing back police officer Mehmet Yıldız had killed Burak Yılmaz standing close to Aşir Kurnaz. Rıdvan Altun, Abdurrahman Sarı, Ömer Bayram, Dilan Bayram, Berivan Bayram: On 8 August 1996 the police in Adana had raided a house in Küçükdikili quarter and killed (22), Abdurrahman Sarı (27), Ömer Bayram (25), Dilan Bayram (3) and Berivan Bayram (1,5). The relatives appealed to the ECoHR. In September the Court decided on compensation to the relatives totaling € 82,000. Cemil Aktaş: On 14 March Adana Heavy Penal Court started to hear the case of the police officers Mevlüt Z., Murat Ş., Nihat K., Ömer Y. and Dursun Ç. charged with having injured Cemil Aktaş during the Newroz celebrations of 2004. The sub-plaintiffs argued that the police officers should not be charged with causing bodily harm but attempted murder. Mehmet Acar, Hasan Akan, Süleyman Acar, Kadir Akan, Mehmet Ağırman, İsmet Acar, Sabri Acar, X.X: In February six of 10 village guards sentenced to life imprisonment for having killed eight villagers in Çalpınar village, Midyat district (Mardin) on 20 April 1992 were imprisoned. According to the report in the daily Özgür Politika of 20 November 2004 the case head been heard in Denizli because of reasons of security. Denizli Heavy Penal Court No. 2 had sentenced the village guards Tacettin Sakan, Mihdi Özbey, Halit Aktar, Şehmus Seyde, Nevaf Aydın, Mehmet Sayhan, Ethem Sayhan, Tevfik Akbay, Rahmi Kaçmaz and Abbas Taş to life imprisonment, but they had continued their jobs. On 5 February Tacettin Sakan, Mihdi Özbey, Ethem Seyhan, Abbas Taş, Şehmus Seyde and Halit Aktar were arrested. Nevaf Aydın was arrested in İzmir in October. Politicial Killings (assailants unidentified) Nevzat Akkaya The corpse of Nevzat Akkaya living in Ağapınar village (Eskişehir) was found between Çağlayan and Ağapınar village at the end of June. Reportedly he had been tortured and had a fractured head. Enver Teke, chair of DEHAP in Eskişehir, said that Nevzat Akkaya had been detained a month ago on allegations of having met his brother Yusuf Akkaya, militant of the PKK. He had been released but "disappeared" on 18 June. X.X. In mid-July the corpse of a man with a cut-off head was found in the Beyaztepe region between Dereüstü and Kıratlı villages (Van province). The person had been killed 20 days ago and from the clothes he was suspected to be a PKK militant. Hasan Şahin Hasan Şahin (68), the father of Süleyman Şahin, a leading member of the HPG, was killed in Meytan hamlet, Aktuluk village (Tunceli) on 3 August. Hasan Şahin was living in Germany and had come on summer vacation. In the killing a silencer was used and Hasan Şahin was hit by 7 bullets. Reportedly Hasan Şahin had informed friends that he was being followed. Murat Polat, chair of DEHAP in Tunceli, stated that the place to look for the assailants was JİTEM. Even the public prosecutor had spoken of professionals that had not left any bullet casings. Murat Polat reminded that everybody was waiting for the release of the kidnapped soldier Coşkun Kırandi and claimed that the killing was an attempt to further complicate the release. The autopsy report was announced on 27 August. According to the report Hasan Şahin had been killed with a hunting gun. No traces of force or blows had been found on the body. Ali Hıdır Şahin, the elderly brother of Hasan Şahin stated in September that unknown people had set the garden next to their house on fire, 10 days before the killing and on the day of the killing. Shots that were fired close to their house continued and they were afraid that another murder might be committed. - Development in Earlier Cases İmam Boztaş: In September the prosecutor in Mazgirt district (Tunceli) decided not to charge anyone in connection with the killing of İmam Botaş in Alanyazı village on 8 March 2004. He argued that an illegal organization had committed the murder. After the killing Derman Boztaş, the wife of İmam Boztaş had said that after release from prison the security forces had asked her husband to provide information but he had rejected to do so. The father Hıdır Boztaş said that he had been called to the gendarmerie station in October and had been accused of "feeding militants of illegal organizations". He had been told that he deserved a bullet, rather than being imprisoned. Gıyasettin Bağlam: On 11 March the daily Cumhuriyet reported the release of the alleged PKK militant Ümit Işık suffering from epilepsy after 11 years in prison. It had been revealed that the Hizbullah militant Murat Kurtboğa was responsible for the killing of an imam in Tatvan district (Bitlis) in February 1994. On a videotape that had been found in the house of Hüseyin Velioğlu in Beykoz (İstanbul) on 17 January 2000 Murat Kurtboğa had confessed to the killing. The transcript of the tapes had lasted until 2004, reported Cumhuriyet. This news in Cumhuriyet is only partly correct. Already on 28 July 2002 the daily Özgür Politika reported on a session at Diyarbakır SSC No. 3 in mid-July, where the judge Ali Haydar Yücesoy and 5 defense lawyers of Hizbullah cases watched a videotape with "confessions" of the repentant Hizbullah militant Murat Kurtboğa. The videotape found in the house in Beykoz included the "confession" about the killing of the imam Giyasettin Parlak (Bağlam), committed together with a police officer and a person called Nurettin (possibly a repentant PKK member). Actually Diyarbakır SSC No. 3 was the Court that had convicted Ümit Işık and 3 others on 19 October 2000. On 9 June 1994 Ümit Işık had been detained in İstanbul, but he was suspected of activities for the PKK in Tatvan district (Bitlis). He was transferred to Tatvan and interrogated at Tatvan Police HQ between 16 June and 6 July 1994. Later he alleged that he was suspended by his arms, his testicles were squeezed, and he was beaten being naked in the dark and deprived of food and water. As a result of the torture he suffered radial paralysis and had psychological problems. In the end he signed a "confession". At the prosecutor's office and in front of the arresting judge he raised torture allegations and denied having any connection to the PKK. As far as the bombing of the office of the Welfare Party was concerned he had been threatened by PKK militants to distort attention by shooting into the air, but he had not done so and escaped to İstanbul, partly because he feared reactions of the PKK and partly because of his mental illness (epilepsy). Nevertheless, he was remanded under Article 125 TPC and indicted with another 8 defendants. The first hearing was held at Diyarbakır SSC No. 4 on 1 December 1994. Ümit Işık repeated his torture allegations. After a total of 23 hearings in more than 3 years only Ümit Işık was convicted on 26 February 1998. The death penalty against him was commuted to life imprisonment. On 11 March 1999 the Court of Cassation quashed the verdict because of shortcomings in the investigation of the prosecutor and the reasoning of the verdict. The Court of Cassation also ordered to combine the case of Ümit Işık with another case at Diyarbakır SSC No. 3. Here, three more defendants including Erdoğan Yakışan had been tried for the same action, but the Court of Cassation had quashed that verdict in 1998. On 1 July 1999 both cases were combined and continued at Diyarbakır SSC No. 3. On 19 October 2000, after 11 hearings Diyarbakır SSC No. 3 passed a verdict, which in relation to Ümit Işık was almost identical to the verdict of February 1998. The verdict made hardly any reference to torture allegations of the defendants, but the formulations suggested that all four defendants claimed that they had been tortured into "confessions". Only the defendant Erdoğan Yakışan was related to the killing of the imam Giyasettin Parlak (Bağlam). He had signed a statement to the police, where he accepted to have shown the victim as target by linking arms with him. The major accusation against Ümit Işık and Erdoğan Yakışan, however, was their alleged involvement in a clash on 27 February 1994, during which the 2 PKK militants, who Ümit Işık claimed to have threatened him, had been killed by the security forces. One of them allegedly carried a note that identified Erdoğan Yakışan, who had been detained the same day. The Court of Cassation quashed the verdict of Diyarbakır SSC No. 3 on 13 June 2001 and ruled that the Court had to establish, whether Ümit Işık was punishable as a person suffering from epilepsy. In the hearing of 24 January 2002 Diyarbakır SSC No. 3 asked the Forensic Institute for an expert opinion on this question and 21 months later received an answer concluding that Ümit Işık was punishable. After 16 June 2004 the hearings were continued at Diyarbakır Heavy Penal Court No. 6. On 6 October 2004 the physician in Diyarbakır Prison issued a report on Ümit Işık, certifying that he was suffering from epilepsy in an advanced state and had 5 to 6 attacks each month. Mainly because of his illness Diyarbakır Heavy Penal Court No. 6 ordered the release of Ümit Işık in December 2004 (after 10.5 years in pre-trial detention). Erdoğan Yakışan was not released. In the hearing of 31 March 2005 he stated (according to the minutes of the hearing): "Including the prosecutor's office in Tatvan in all institutions I always rejected the charges. Since 1994 thousands of members of the organization have fled from it and some have become 'confessors' and (but) until today no member of the organization has testified against me. My statement to the uniformed forces is based on pressure, force and torture. For almost 12 years I have been victimized and want reparation (an end) for it." The Court ordered the continuation of pre-trial detention (after 11 years and one month). Presumably as a reaction on the article in Cumhuriyet the Court now decided on inspection of the file on Murat Kurtboğa (at the same Court) and asked the prosecutor in Tatvan, whether the investigation into the death of the imam Giyasettin Parlak (Bağlam) had resulted in the arrest of any assailant. The latest hearing was held on 22 December 2005, but again requests for release of Erdoğan Yakışan were rejected. The next hearing was scheduled for 16 March 2006. On 15 March 2005 the daily Özgür Gündem had quoted Naciye Yakışan, the wife of Erdoğan Yakışan. She had been detained together with her husband. She had been shown torture instruments and threatened to be tortured in order that her husband confessed. She had been put on a chair with electricity and her husband had been forced to sign a paper. Necmettin Yakışan, father of Erdoğan Yakışan, said that he and a second son of him, Murat, had also been detained. He had been held for 9 days, but his sons for 21 days. Murat had been released, but Erdoğan had been remanded. Abdülkadir Çelikbilek: In June the ECoHR passed its judgment on the case launched by relatives of Abdülkadir Çelikbilek, killed in Diyarbakır in 1994. The Court ruled that Article 2 of the ECHR (right to life) and Article 13 (effective remedies) had been violated and ordered compensation of € 83,500. Abdülkadir Çelikbilek had been kidnapped by unidentified persons in Diyarbakır on 14 December 1994. His corpse had been found near Mardinkapı on 21 December 1994 (also see the court case opened on revelations of Abdülkadir Aygan). Necip Hablemitoğlu: In December Ankara Regional Administrative Court decided that the Ministry of the Interior had to pay 222,000 YTL in compensation to the family of Dr. Necip Hablemitoğlu, staff of the Language, History and Geography Faculty at Ankara University, who had been killed on 18 December 2002. The Court decided on misconduct of duty. Revelations of Abdülkadir Aygan According to the revelations of Abdülkadir Aygan that were published in the daily Özgür Gündem in March 2004 the public prosecutor in Diyarbakır indicted 8 people in March. Upon the revelations of Abdülkadir Aygan the corpse of Murat Aslan who had been killed on 10 June 1994 was found near Kötük village (Silopi district) in April 2004. In return several lawyers had filed an official complaint. Confession of JİTEM' member Aygan and the mainstream media. (Yeni Şafak/Kronik Medya-6 February 2005)The official complaint of several lawyers resulted in an indictment against Abdülkadir Aygan, pensioned Major Abdülkerim Kırca, Sergeant Uğur Yüksel, Mahmut Yıldırım (code named "Yeşil"), Muhsin Gül, Fethi Çetin, Kemal Emlük (from Diyarbakır Police HQ) and Saniye Emlük (working at the military recruit office). They were charged with forming an organization to commit crimes and intentional killing. The indictment described JİTEM as allegedly acting in the name of the State but in fact being responsible for many illegal acts such as killings, kidnapping and robbery of people who they believed to be related to the PKK. The suspects acting under the command of Abdülkerim Kırca were accused of 8 unsolved killing between 1992 and 1994 including HEP member Harbi Arman (January 1992), Zana Zuğurlu (October 1993), Lokman Zuğurlu (October 1993), SHP member Servet Aslan (September 1994), Şahabettin Latifeci (September 1994), Ahmet Ceylan (October 1994), Sıddık Etyemez (October 1994) and Abdülkadir Çelikbilek (December 1994). Meanwhile it turned out that Abdülkadir Aygan was on trial at Diyarbakır Heavy Penal Court No. 3 on similar charges and in this trial it had been noted that he died in a clash. In this trial the co-defendant Fethi Çetin (confessor) had been deprived of his Turkish citizenship and the confessors Hüseyin Tilki and Ali Ozansoy had been registered as "dead". It was also stated that Abdülkadir Aygan was on trial in Bucak district (Burdur). Here he had done his military service under the false identity of Aziz Turan and was tried on allegations of torture. On 5 April Diyarbakır Heavy Penal Court No. 2 held a session on the acceptance of the indictment. It rejected demands of the sub-plaintiffs to put the defendants in pre-trial detention and separated the files of the military personnel to be tried at a military court. The Court also decided against the combination of this trial with the other trial of Abdülkadir Aygan at Diyarbakır Heavy Penal Court No. 3. In this trial (at Court No. 3) arrest warrants had been issued on 23 March against the confessors Recep Tiril and Adil Timurtaş. (4) In an interview with the Swedish newspaper "Expressen" Abdülkadir Aygan stated in April that during the time he had been working for JİTEM 36 people had been killed by the unit of which he was a member. All official institutions had assisted JİTEM except for Diyarbakır Chief of Police, Gaffar Okkan (killed in 2001). New revelations of Abdülkadir Aygan Starting on 30 June Özgür Gündem published further revelations of Abdülkadir Aygan in which he gave a detailed account of 18 political killings (at the time with unidentified assailants). Many of these killings can be found in the reports of the HRFT. Concerning the fate of Edip Aksoy and Orhan Cingöz, who had been detained on 7 June 1995 Abdülkadir Aygan that they had killed the two men and buried them on the Cizre-Silopi road on the way to Habur Border Station in a riverbed. On the complaint of the families the prosecutor in Silopi started an investigation. It turned out that 17 days after the "disappearance" of Aksoy and Cingöz workers from cotton fields had found two corpses at the place, which Aygan had described. At the time the prosecutor had not investigated the case assuming that the corpses belonged to militants who had been killed by the PKK. These people had been buried at the cemetery for people without relatives. 10 years after the incident the persons working at the cemetery had difficulties in identifying the graves saying that too many of such events had occurred at the time. Finally the graves 28 and 29 were opened on 14 July. In both graves the skeletons of 2 persons each were found. The bones were to be sent to İstanbul for a DNA test. On 1 July Özgür Gündem quoted Abdülkadir Aygan on the "disappearance" of Fethi Yıldırım in January 1994. According to Abdülkadir Aygan he had been killed and buried close to Hani district (on the way from Karaçalı village to Hani) in Diyarbakır province. The name of Fethi Yıldırım is among the cases of "disappearances" listed in the annual report of the HRFT for 1994 and Edip Aksoy and Orhan Cingöz are listed in the annual report of 1995. On 2 July Özgür Gündem presented the death of Hakkı Kaya who had disappeared after detention in Lice district (Diyarbakır) on 18 November 1996. According to Aygan the corpse had been buried at a similar place as Fethi Yıldırım. Presumably a third person had also been buried there. The name of Hakkı Kaya is mentioned in the annual report of the HRFT for 1996. In the paper of 3 July details were presented on İdris Yıldırım. He had been a member of JİTEM, but wanted to leave the group. Allegedly he was detained in Silopi in October 1994 and killed in Elazığ and burnt on the road to Baskil. Abdülkadir Aygan admitted that he and the leader of his group, Kemal Emlük had been engaged in this incident. On 4 July the killing of Hasan Ergül and Atilla Osmanoğlu was the subject. Aygan said that Hasan Ergül had been detained in Silopi on 5 June 1995 and his corpse had been thrown into the Hazar Lake. Atilla Osmanoğlu had been detained on 25 March 1996. His corpse had been thrown into the hulk of a lorry at the road to Habur Riverbed. In order not to be identified his face had been ruined. On 30 March 1996 a corpse had been found at the place that Abdülkadir Aygan described but had been buried on the cemetery of people without relatives without any further investigation. The name of Atilla Osmanoğlu is mentioned in the annual report of the HRFT for the year 1997. On 5 July Abdülkadir Aygan presented information on the deaths of İzettin Acet (Melle İzzettin) and Mehmet Emin Kaynar. He said that Abdülhakim Güven had shot both men and Kemal Emlük had burned the corpses. Acet and Kaynar had been detained in Cizre in October 1994. According to Aygan they were killed close to Karpuzlu village on the road from Siverek to Diyarbakır. Both deaths are mentioned in the annual report of the HRFT for 1994 under the heading of "Killings by unidentified assailants". On 6 July Aygan said on the killing of Harbi Arman executive of HEP in Malazgirt district (Muş) on 14 January 1992: "In one case I worked with Mahmut Yıldırım (Yeşil). Yeşil took me and Fethi Çetin with him to kill an executive of HEP on the Elazığ road. Our introduction was to tell Harbi Arman that he was wanted and that we would take him to testify. We took him as far as the JİTEM center in Diyarbakır and interrogated him. Later we said that we had to tie his hands and cover his eyes and would take him to a military compound outside town. We blindfolded him in the car. On the Diyarbakır-Elazığ road (at Devegçidi Riverbed) we took him out of the car. We took him by his arms as if we wanted to take him to a building, but instead took him to the beginning of the bridge. A sergeant who accompanied us ordered us back and wanted to shoot Harbi Arman with a Kalashnikov. But Yeşil took his pistol and killed him with two shots. We left him under the bridge with his eyes being blindfolded." The corpse of Harbi Arman was found on 20 January 1992. On 7 July details on the death of the SHP members Servet Arslan and Şahabettin Latifeci were presented. They had been killed on 4 September 1994. Aygan said: "Şahabettin Latifeci was detained on information of female repentant Servet Toprak. He was taken to JİTEM and the sergeant Yüksel U. who called himself 'Palulu Zaza' strangled him with his hands. Servet Aslan, too, was detained on information of Servet Toprak. He was taken to Sivas, interrogated and killed. Both corpses were taken to a factory for milk and cheese on the road from Diyarbakır to Silvan and deposited in a sack at the back of the factory." In the report of the HRFT the killing of both men is mentioned. Their corpses were found on 7 September 1994. On 8 July the newspaper printed the revelations of Abdülkadir Aygan on the deaths of trade unionist Necati Aydın, Mehmet Ay and Ramazan Keskin. According to Aygan Major Abdülkerim Kırca, Sergeant Yüksel U., Kemal Emlük, Sergeant Nuri A., Captain Tuna Y. and he himself participated in the killings: "We had heard when these three men would be taken to court. When they came out of the court we drove up to them and said that they had to come to the police station because someone had forgotten to ask them a question. We took them to JİTEM. They were interrogated under torture for several days. Then we left JİTEM in two civilian cars. We had passed Kağıtlı Gendarmerie Station on the road from Silvan to Diyarbakır and left the main road entering a field. Abdülkerim Kırca shot them there." The last report in the newspaper was on 9 July. Abdülkadir Aygan talked about the killing of two persons whose names he did not know. He attributed one of the killings to Kemal Emlük and the other one to an intelligence team from Diyarbakır. Susurluk Sedat Edip Bucak: The trial that started after the Court of Cassation had quashed the acquittal of former DYP deputy Sedat Edip Bucak continued throughout the year. In the hearing of 29 March at İstanbul Heavy Penal Court the prosecutor asked again for acquittal. Haluk Kırcı: Haluk Kırcı who had been convicted in the "Bahçelievler massacre" trial was extradited from the Ukraine on 4 February. In March 2004 Kırcı had been released on false accounts relating to a change of death sentences to life imprisonment. On 24 October 2004 Kırcı had been arrested in Kiev. On 5 January the daily Milliyet had reported that Haluk Kırcı had been equipped with a "green" (diplomatic) passport issued by the General Directorate for Security. The offence of issuing false documents had reached the statute of limitations and, therefore, the police officers involved in this incident could not be tried. Later Abdülkadir Aksu, Minister for the Interior stated that the document from the Ministry of Finance that served for issuing the passport had been forged just like the stamps that the passport in the name of Remzi Bulut had twice been prolonged at the Turkish Consulate in Hamburg. Later that year Hüseyin Ayan, lawyer of Haluk Kırcı appealed to Ankara Heavy Penal Court No. 5 asking that the provisions of the new TPC in favor of his client should be applied. He argued that his client needed to be released. The Court, however, rejected this demand. One of the defendants in the Susurluk case, former police officer Oğuz Yorulmaz, was killed in Bursa during a fight in a bar on 29 May. In connection with the incident Hüdayda Bulum, Murat Selli, Coşkun Numan and Alpaslan Çınar were detained. Allegedly Hüdayda Bulum had fired the shots. In June the prosecutor in Adana indicted 50 people in connection with fraud in the company "Endüstri Holding". The mafia boss Kürşat Yılmaz was accused of having found an organization with the purpose to commit crimes and the convicted Susurluk defendant Korkut Eken was charged with support of that organization. Arms that disappeared in Batman On 23 March the 8th Chamber of the Court of Cassation ruled that former Batman Governor Sali Şarman and his deputies Ahmet Mithat Kuşadalı and Ahmet Soley had to be acquitted. They had been involved in ordering arms between 1994 and 1996. These arms later disappeared. The offence of violating the Law on Firearms had reached the time limit (compare the annual report of 2003). The Yüksekova Gang: On 18 November Hakkari Heavy Penal Court concluded the trial against the so-called Yüksekova gang. The 13 defendants had been charged with drugs and arms trafficking, robbery and other offences. On 22 March 2001 the third round of the original trial had ended at Diyarbakır SSC 4. Major Hamdi Poyraz, Ali İhsan Zeydan, former mayor of Yüksekova (Hakkari), Lieutenant Ali Kurtoğlu, village guard İsmet Ölmez, Hasan Öztunç, Mustafa Koca, Oğuz Baygüneş and Captain Nihat Yiğiter had been acquitted. PKK confessor Kahraman Bilgiç had been sentenced to 30 years' imprisonment, Major Mehmet Emin Yurdakul to 25 years and 2 months' imprisonment, Kemal Ölmez, leader of village guards had received a sentence of 13 years and 4 months' imprisonment, lieutenant Bülent Yetüt 7 years, 4 months' and special team member Enver Çırak 3 years and 8 months' imprisonment. For the "Yüksekova gang" the first verdict was delivered on 17 September 1998. The Court of Cassation had quashed the sentences on 15 September 1999, except for the verdict against Kahraman Bilgiç. The second trial ended on 26 December 1999. Only Fatih Özhan was sentenced to 16 years, 8 months' imprisonment. This time only PKK confessor Kahraman Bilgiç was sentenced to 8 years', 4 months' imprisonment and the Court ordered his release. All other defendants were acquitted. Acting for the sub-plaintiffs lawyer Yaşar Altürk said that the court had not mentioned charges related to the foundation of a gang and Bilgiç had only been convicted for the robbery of Abdurrahman Düşünmez. The "Yüksekova gang" had been discovered in 1996 and the charges brought against them had included 9 killings, blackmailing and the bombing of a hotel. The public prosecutor and the prosecutor at the SSC in Diyarbakır prepared four different indictments. When the offence of "founding a gang" was taken away from the responsibility of the state security courts Hakkari Heavy Penal Court had started to deal with the case. The first verdict at Hakkari Heavy Penal Court had ended on 20 November 2003. The Court had sentenced retired Major Mehmet Emin Yurdakul to 29 years, Lieutenant Bülent Yetüt to 7 years, 4 months, 26 days, special team member Enver Çırak to 4 years, 5 months, 10 days, the village guard Kemal Ölmez to 14 years, 10 days and the repentant PKK militant Kahraman Bilgiç to 31 years, 4 months and 20 days' imprisonment. The other defendants, including the former Mayor of Yüksekova, Ali İhsan Zeydan, gendarmerie commander Hamdi Poyraz, Ali Kurtoğlu, İsmet Ölmez, Hasan Öztunç, Mustafa Koca, Oğuz Baygüneş and Nihat Yiğiter had been acquitted. The verdict had stated inter alias: "A unit under the command of Yurdakul had a hot contact with terrorists. They fled into the Iran and Yurdakul came to Ağaçlı village. Believing that the villagers had supported the terrorists the unit beat Şemsettin Yurtsever, Mikdat Özeken and Münir Sarıtaş. Yurtsever died as a result of the beatings. Yurdakul decided to kill the other two villagers, since they could be witnesses. He ordered their execution at the education field of the garrison, put the corpses in a hole and burned them by pouring oil over them." Landmines On 16 February the daily Yeni Şafak reported that companies had been asked to hand in offers for cleaning the Turkish-Syrian border from landmines. The involved institutions including the General Staff and the Ministry for Agriculture and Villages had put the need for the operation at $ 44.7 millions ($ 35 millions for equipment and $ 9.7 millions for security). So far only $ 17 had been allocated. Since 2003 three different machines had been tried in the region between Nusaybin and Mardin. Abdüllatif Şener, deputy Prime Minister, said that the project was to be conducted in two steps. First some 250 kilometers between Cizre and Akçakale had to be cleaned and in the second step 260 kilometers between Akçakale and Hassa had to be cleaned. It was estimated that the work could be done in 15 years if one military company were to do it. The time could be shortened if more military personnel would be involved. In April the commission for the assignment met for the first time in the Ministry of Finance. It was decided that foreign companies could participate in the bet. Apparently some companies had offered to remove mines for $ 1,000 or $ 1,500 instead of the usual $ 5,000 needed for the removal of one mine. Mine and Bomb Explosions In January the investigation into the incident in Hozat district (Tunceli) on 26 October 2002 concluded. As a result of the explosion of a mortar bomb Gürkan Günel (14), Uğur Günel (14) and Ergün Aslan (14) had died, Hayri Çiçek, Hıdır Çelik and Murat Doğan had been injured. On 31 December 2004 the military prosecutor in Tunceli had ruled not to bring charges against military personnel. Lawyer Barış Yıldırım had appealed to the military court in Malatya and argued that the military compound had had no wires around and the children had not been warned to enter the area and touch anything. The bombs had been left in their places even though they needed to be destroyed, if they did not explode during training. On 28 March the children Zafer Biroğlu and Cahit Eşsiz were injured when a bomb exploded which they had found in a military area between Diyarbakır and Dicle district. Reportedly Zafer Biroğlu lost two fingers and Cahit Eşsiz was injured to his face. On the same day Harun Kaygu (13) died when a mortar bomb exploded near Geneyik village (Gaziantep) where the boy was grazing sheep. Reportedly the bomb had been left behind after a training of 22 to 26 March. On 31 March the woman Sultan Erkuş (55) died when she stepped on a mine near Oyuklu village, Lice district (Diyarbakır). On 4 April refugees tried to cross the border between Turkey and Greece over the Meriç River. One person from Mauritania and one from Tunisia died and one person from Iraq was heavily wounded, when they stepped on a mine. On 6 April children found explosives on the grounds of a military unit in Topkule in Gaziosmanpaşa district (İstanbul). Emrah Gültekin (16), Mücahit Sümer (15), Fırat Tutuş (14), Hasan Özer (15), Bayram Aras (16), Ramazan Alhan (16) and Nesim Kurt (17) were injured in the explosion. Bayram Aras died in hospital on 15 April. The children later said that they entered the compound frequently in an attempt to collect scrap-iron. Sometimes soldiers would catch and beat them, but they would enter the area again. Latif Yılmaz (14) died on 5 April when a mine exploded bear Taşburun village in Nusaybin district (Mardin). In the Sağgöze district in Lice district (Diyarbakır) one person died on 7 April when a mine exploded. One person was injured. The identities remained unknown. On 18 April the children İsmail Işık (15), Emrah Akbay (10) and his brother Adem Akbay (9) played close to a military compound with a bomb. They were injured when it exploded. İsmail Işık died in hospital. Alihan Ölmez (20) was seriously wounded when he stepped on a mine near Güzeldere village, Çukurca district (Hakkari) at the end of April. Ahmet Akın (10) died and the child Necdet Oral was seriously injured when a bomb they had found near Beşevler hamlet, Serneli village, Savur district (Mardin) exploded on 7 May. Mehmet Sabak (55) was heavily wounded when a bomb he had found near Şenköy in Yedisu district (Bingöl) exploded on 10 May. Hıdır Demir was slightly injured when on 18 May he stepped on a mine near Balveren village in Ovacık district (Tunceli). On 23 May Hacı Yaşar (22) was seriously wounded, when he stepped on a mine near Cevizli village in Çukurca district (Hakkari) On 27 May a tractor drove on a mine near Lice district (Diyarbakır). The tractor was carrying food to a military unit. The drive Hüseyin Bolat and his brother Taha Bolat died. The explosion also caused the death of the soldiers Doğan Yarlıtaş and Musa Memiş. İlyas Kondu (14) was injured on 8 June when the dynamite he found near Sivas exploded. He lost two fingers. The dynamite was used for fishing. On 13 June M.D. (26) tried to cross the border to Syria near Kilis. He was injured when a mine exploded. On 14 June a vehicle of the Directorate for Village Services drove on a mine near Kemerli village (Şırnak). In the explosion Mehmet Güner (55) and M.Emin Ceylan (48) died. On 21 June Fesih Dursun (14) stepped on a mine near Esenmez village in Doğubeyazıt district (Ağrı). He was seriously injured. On 24 June Ali Akbayır, the driver of a car that drove on a mine near Batman village (Tunceli) was seriously injured. On 9 July a van drove on a mine near Şırnak. Kasım Anık, Ahmet Tatar, İsmail Tatar, Abdülkerim Tatar, İdris Gerez, Sait Gerez and Agit Gerez were injured. Mehmet Aydemir (48) died when he stepped on a mine near Uzungeçit town, Uludere district (Şırnak) on 22 July. Şefik Yıldırım was injured. On 28 July a vehicle of the telephone company drove on a mine near Şebinkarahisar district (Giresun). The car was damaged. Hamza Oruç (13) died when on 18 August a bomb exploded that he had found near Damlarca village in Güçlükonak district (Şırnak). Agit Yıldız was seriously injured when on 22 August he stepped on a mine near Uludere district (Şırnak). Staff of the land register working near Suveren Gendarmerie Station in Genç district (Bingöl) stepped on a mine on 19 September. The explosion killed Fehmi Doğan. Furkan Yatar and Ayhan Ağırbaş were injured. On 9 October a minibus drove on a mine between Seydibey and Akçagül village in Muradiye district Van. The driver Seyfettin Avun, Okan Avun (13), Gökhan Avun (13), Ümit Avun (9), Seyfettin Balkız (10), Ferdi (Nedim) Balkız and Erhan Eren (15) were injured. Seyfettin Balkız died in hospital on 10 October. Hizbullah Kavak (43) was injured when on 10 October he stepped on a mine near Gedikbaşı village in Başkale district (Van). Okan Sarıhan (11) was seriously injured when on 10 October he stepped on a mine near Telçeker village in Doğubeyazıt district (Ağrı). On 14 October Servet Erdoğan (15) was injured when he stepped on a mine near Çiftlik village in Doğubeyazıt district (Ağrı). Celal Sahur (16) was injured when on 22 October he stepped on a mine near Tepe village in Cizre district (Şırnak). On 29 October Özcan Öbnal (9) and Kerem Tosun (7) died when they stepped on a mine near Esendere town in Yüksekova district (Hakkari). Bülent Keman (12) was seriously injured when at the end of October material he found at a military compound near Kazan (Tane) village in Yüksekova district (Hakkari). On 1 November Şeref Ecer died and Veysek Ezer (15) was injured when they stepped on a mine near Gülizar village in Çaldıran district (Van). Selçuk Beykondu and Sezer Kulen were injured when a hand grenade they had found close to Bingöl Police HQ exploded on 1 November. On 8 November Ehmet Hamel from Afghanistan was injured when he stepped on a mine in an attempt to cross the border from Iran near Gürbulak district (Ağrı). His brother Muzaffer Ali Hamel was detained. Hanım Akdoğan (50) was injured when on 25 November she stepped on a mine near Çalı village in Nusaybin district (Mardin). Harbi Şenlik (23) died on 5 November after a bomb he had found near Güvenlik village in Şemdinli district (Hakkari) exploded. Armed Clashes In an announcement at the end of the year the HPG stated that during clashes in 2005 a total of 1,004 soldiers, 54 lieutenant, 10 police officers, 8 village guards and 138 militant died. At the end of March A. Selim Akyıldız, President of the Department to Fight Terrorism and Action within the General Directorate for Security stated that between 1994 and the end of 2004 a total of 31,733 people had died. Among them 456 had been police officers, 4,351 soldiers, 1,364 village guards, 20,666 militants and 6,260 civilians. In an answer to a question tabled by CHP deputy from Kırklareli, Mehmet Kesimoğlu, Minister of the Interior Abdülkadir Aksu stated in July that in 2004 99 PKK militants had been killed, 139 had been captured alive and 130 had surrendered. In 2005 until the end of May 65 PKK militants had been killed, 43 had been captured and 41 had surrendered. Decision of Non-Activity On 19 August Kongra-Gel made a written statement in Brussels and announced a decision of non-activity between 20 August and 20 September. The organization was not opposed to the State and aimed at the democratization of the State to solve the Kurdish question within the entity of the State. The decision of non-activity was later expanded until 3 October, the day when the talks for membership in the EU were to start. Later the HPG stated that during the time of non-activity 20 HPG militants, 46 soldiers, 2 village guards and 3 police officers had been killed. For the same time the daily Milliyet stated that 30 militants and 11 members of the security forces had been killed. During a clash between Iranian soldiers and PKK militants in July 2004 one militant had been killed. It was later revealed that his name was Ferhat Şut and that soldiers had buried him secretly. On 23 August İlhan Şut, a relative of Ferhat Şut, spoke at a press conference of the HRA in İstanbul. He said that the Turkish military had informed them that the corpse of Ferhat Şut was in Yüksekova. He had been buried secretly. During the same clash further militants had been killed. Their names were given as İkram Ergül, Abdurrahim Bulut and Lokman Ergün. On 14 May the family of Hulusi Yıldız was given his remains. He had been killed in a clash near Yedisu district (Bingöl) in 2000 and had been buried in the garden of Yedisu Gendarmerie Station. Tahsin Yıldız stated that other families, too, had been able to get the remains of their relatives. There were about 30 graves and 14 families had got the remains of their relatives. In February, Mustafa Bayram who had done his military service in that area in 2000 had told the newspaper Özgür Politika that four PKK militants had been captured alive. They had been killed and buried in the garden of the gendarmerie station. The HPH had announced that among these militants had been Fahrettin Cem, Tahir Saknut and Hulusi Yıldız. Reports on Clashes In January two HP militants died in a clash in the Şenoba region near Şırnak. During a clash near Şişik village in Mazgirt district (Tunceli) on 15 January the soldiers Ali Atıl and Emin Uyar and the militants of the Maoist Communist Party (MKP) Melahat Yalçın, Yurdanur Özkan, Yılmaz Göç, Umut Çatakçı and Ahmet Küçükboğar died. Three soldiers were injured The soldier Harun Kahya died and the soldier Erkan Aslan was wounded during an attack on the gendarmerie station in Göllü village, Ömerli district (Mardin) on 26 January. Staff Sergeant Gökhan Yaşartürk died during a clash near Akçay village (Şırnak) on 28 January. The daily Özgür Politika, published in Europe, claimed that the village guard M. Ali killed the sergeant. During a clash on the Bagok Mountain in Nusaybin district (Mardin) on 27 February the HPG militant Yılmaz Bulut died. The HPG claimed that he was killed after having been captured alive and added that in the same region another clash occurred resulting in the death of one and injuries of four soldiers. The HPG alleged that soldiers killed the HPG militant Gafur Can who had been detained between Cizre and İdil district (Şırnak) on 2 March. He had been unarmed. Abdulhakim Can, an uncle of Gafur Can stated that his nephew had been killed with shots to his temple and back from close range. The official statement maintained that two HPG militants had been killed in a clash. In a later statement the HPG alleged that Iranian national Xebat Rençber had been killed under torture after having been captured on Gabar Mountain in Şırnak province on 2 March. The HPG militants Nusret Bali and Abdullah Deniz died in a clash near Çay village in Derik district (Mardin) on 26 March. Kadriye Gürel (10) was reportedly seriously wounded because he stayed between the two fronts. The militant Nusret Bali allegedly had escaped from the house of Ahmet Kaymaz on 21 November 2004, when Ahmet Kaymaz and his son Uğur Kaymaz were killed. On the other hand, Hali Bali, brother of Nusret Bali, claimed that his brother had been unarmed and killed after having been captured alive. On 26 March a bomb attack was carried out on a vehicle with village guards in Silopi district (Şırnak). Two village guards and a soldier were wounded. During a clash that occurred on Cudi mountain (Şırnak) at the end of March the HPG militant Selim Nas was killed. The governor in Şırnak announced that 9 militants had been killed during a clash on Cudi Mountain on 2 April. In this clash Corporal Mustafa Civelek had been killed. The HPG named their victims as Firyel Hüseyin (from Syria), Nurten Gülmez, Faik Yayla, Alaaddin Akbaş and Mehmet Yiğit. Allegedly chemical weapons had been used during this incident. During a clash near Yarbaşı village in İdil district (Şırnak) on 11 April the HPG militants Yılmaz Altınışık and Muhammed İbrahim (Syria) were killed, During a clash near Fındık town in Güçlükonak district (Şırnak) on 12 April the officers Kamil Baltacı, Haydan Vural, Tuncer Soner Dağ and the village guard Abdulkerim Çabuk were killed. The official statement reported the death of 21 militants, while the HPG said that no militant had been killed. The HPG announced that between 1 and 17 April 14 militants had been killed and presented names of seven of them: Mehmet Şexo (Syria), Muhammed Reşo (Syria), Yaser Tahir (Lebanon), Gülsün Akalan, Hiyam Muhammed (Syria), Meral Van and Muhammed Ferhadi (Syria). On 17 April a clash occurred near Ovacık district (Tunceli). Two MKP militants died and one soldier was injured. The name of one MKP militant was given as Süleyman Açıkel. Around the same date the HPG militant Fideyl Özbey was killed in a clash near Ömerli district (Mardin). During a clash in the Dereler region (Şırnak) on 18 April five HPG militants were killed and 11 members of the security forces were injured. On 27 April a village guard died when he stepped on a mine near Dicle district (Diyarbakır). Two village guards were injured. During a clash near Işıklı village (Hakkari) on 6 May two sergeants were killed, one of them named Aziz Mutlu. On 13 May a clash occurred between Yayladere and Kiği districts (Bingöl). The soldiers Şenol Özgün, Selçuk Demir and Seyvan Yavuz were killed. Metin Yavuz, Ömer Arslan, Mehmet Hasım Arslan and Vural Aydoğdu were injured. On the same another clash broke out near Yaylagünü village in Ovacık district (Tunceli). The HPG militants Tülay Şendul, Kavdan Sadi (Syria), Mehmet Yaşar Yıldız, Metin (Medeni) Kandilci, Feridun Sarı, Lokman Konepos, Özgür Altan, Erkan Dayaklı, Nezire Kasım, İbrahim Oğuz, Mesut Tekin and Cemil Doğu Başaran were killed. On 13 May an attack was carried out on the Uluyol Police Center at the entrance to Doğubeyazıt district (Ağrı). The police officers Bünyamin Akgül, Çetin Çelebi and Bülent Karagülle were injured. Two people died on 16 May. Allegedly they wanted to conduct a suicidal attack on the house of Siirt Governor Murat Yıldırım. Reportedly they had been stopped at 9.40pm. One of the militants detonated his bomb, while the other escaped. This person reportedly died in a clash shortly afterwards. The police officer Ali Aslan was injured. The names of the HPG militants were given as Abdülaziz Ürün (Kendal Midyat) and Doğan Haseke. On 17 May two alleged HPG militants refused to surrender in Serindere village, Yüksekova district (Hakkari) and detonated hand grenades on them instead. The names of the militants were given as Ahmet Yusuf and Kawa Teyyar. On 17 May a bomb attack with a remote control was carried out on a military vehicle on Gabar Mountain near Siirt. The soldiers Mehmet Koçin, Selim Karabul, Necdet Demirel and Ali Çakmakçı died. For the same day a clash on Gabar mountain was reported resulted in the death of two soldiers, one of them named Ramazan Orçan. Sergeant Mesut Kahraman Çam was killed in a clash near Bayarambaşı village in Silvan district (Diyarbakır) on 17 May. During a clash near Mertekli village in Üzümlü district (Erzincan) on 17 May two HPG militants were killed, one of them named Erkan Karakaya. On 9 May military operations started in Mardin. They lasted for two weeks. During one of the clashes near Dibek village in Nusaybin district the HPG militant Ciwan Bilomurat was killed. On 22 May Staff Sergeant Hakan Taşkır died when he stepped on a mine near Çukurca district (Hakkari) On 23 May clashes broke out on Mava Mountain in Gerçüş district (Batman). The officer Mustafa Hakan Aydoğmuş, the soldier Erdem Demir and the village guards Süleyman Kaya and Hüseyin Yalvaç died and 7 soldiers were injured. Officially this was a bomb attack with remote control. On the same day a clash occurred near Dicle district (Diyarbakır) resulting in the death of the HPG militant Kendal Amud. The HPG announced that a member of JİTEM had been killed. On 28 May the freight train between Tatvan and Elazığ derailed between Kurt and Kale stations in Muş province because of a bomb that had been planted at the rails. The HPG claimed that five soldiers had been killed in clashes after the incident. Tunceli Governor Mustafa Erkal stated that the HPG militant Sami Çomak had died because a snail had bitten him near Çıralı village. An attack was carried out on a pipeline near Batman on 30 May. No casualties were reported. In an announcement of the HPG it was stated that an attack was carried out on a vehicle carrying soldiers in Pertek district (Tunceli) on 2 June. Allegedly four soldiers were killed and seven injured. The official announcement stated that the soldiers Ayhan Boztaş, Engin Saatçi, Coşkun Demir, Zafer Konak, Ahmet Duyiz and Mahmut Kılıç had been injured. Zafer Konak died in hospital on 17 June. On 4 June a clash broke out near Esenyurt hamlet, Çiçekli village (Tunceli) resulting in the death of the soldiers Halil Öner, Sinan Çolak, Faruk Aydoğdu and İsmet Esen. The HPG claimed that they had taken the IDs of soldiers named Murat Tosun, Faruk Aydoğdu and someone with the first name of Bayram. The village guard Şemsettin Kılıç was seriously injured when on 10 June he stepped on a mine near Komtik Mountain in Beytüşşebap district (Şırnak). Reporter Emin Bal from the news agency DHA was beaten by village guards when he wanted to take pictures from the victim in hospital. During a clash on 14 June near Lice district (Diyarbakır) the soldiers Mehmet Duman and Dursun Ali Yılmaz and an unnamed "confessor" were wounded. On 15 June clashes broke out between Pamuklu and Golek villages in Mazgirt district (Tunceli). The HPG militant Şahap Durmaz was killed. His uncle Bekir Atabey said, "When I saw him in the morgue his body was all in pieces. He had no right eye and on his right arm and left leg he had fractures". On 16 June a military vehicle drove on a mine near Çukurca district (Hakkari). The officers Adnan Bahat and Erhan Taştimur died and 6 soldiers were injured. During a clash on 16 June between Gürpınar and Başkale district (Van) the HPG militants Mehmet Bozan Şahin and Cevher İşnas were killed. Their funerals resulted in incidents. First they were buried in Seyrantepe Cemetery (Van) without informing the families. The families requested to hand the corpses over to them and Abdurrahman Doğan, DEHAP chair for Van province, acted for them at the prosecutor's office. The prosecutor decided positive on the request and preparations were made to bury the militants in Bostaniçi town. On 21 June a crowd of 300 people had gathered in front of the DEHAP office to accompany the catafalque. Later the crowd reached the number of 3,000 and clashes broke out between the crowd and the police that did not allow the crowd to march. During the clashes Fahrettin İnanç (19) was killed by shots. One police officer, five demonstrators and three journalists were injured. Bahattin Aslan who was injured during the funeral of Fahrettin İnanç stated that police officers had tried to force him into false testimony when he was lying in hospital. He had been taken to the cellar and told that he should say that soldiers did not shoot. However, the soldiers had shot when the crowd was about to disperse. Lawyer Zeki Yüksel, chair of the HRA in Van stated that they had received complaints that people had been put under pressure to give false testimony. The autopsy on Fahrettin İnanç had stated that he was killed by a bullet that entered his body at the shoulder from the back. Menaf İpek and Rahmi Aslan who had been wounded during the incident, but were released from hospital on 24 June, were arrested on the grounds of having made propaganda for an illegal organization. The governor's office in Tunceli announced that on 21 June a military operation had been conducted towards militants of the Maoist Communist Party (MKP) that had gathered in the Mercan Valley in Ovacık district (Tunceli). Many militants had been killed; one soldier had been wounded and three persons had been detained. The statement mentioned the Secretary General of the MKP, Zeynel Durmaz, Hüseyin Balkır, Cengiz Korkmaz, Mustafa Erkan and Handan Yeşil, but their situation remained unclear in the days to follow. The names of the persons that were killed were given as Ali Rıza Savur (Sabur), Aydın Hambayat, Caner Cangöz and Alaattin Ateş (they belonged to the Central Committee), Çağdaş Can, Gülnaz Yıldız, Ökkeş Karaoğlu, Binali Güler, Okan Ünsal, Berna Ünsal, İbrahim Akdeniz, Cemal Çakmak, Taylan Yıldız, Ahmet Tektaş (Bektaş-Perktaş), Dursun Turgut, Kenan Çakıcı and Ersin Kantar. Among the victims some were of poor health because of their participation in the death fast action. They were said to be too weak to carry arms. Cafer Cangöz, the brother of Hıdır Cangöz (48) stated that his brother had participated in the death fast action after the operation against the prisons that started on 19 December 2000. He alleged that his brother had been killed while being unarmed. During the death fast action he (Cafer Cangöz) had also met Aydın Hambayat, Berna Ünsal, Ökkeş Karaoğlu, and Cemal Çakmak. Many prisoners had been unable to walk. He remembered Berna Ünsal in particular. She could only walk a few steps and had to rest in between. Cemal Çakmak had lost one eye during the prison operation. After the military operation a delegation carried out research in the area. During a press conference at the office of the HRA in İstanbul lawyer Roland Meister declared in the name of the delegation: "Had the operation aimed at apprehending these people alive they would not have been killed. From our talks and documents it is understood that they were not in a position to enter an armed clash. The corpses were destroyed to a degree that made their identification almost impossible. It is likely that they were killed with rockets and bombs. The Turkish authorities did not allow the families or their lawyers to visit the scene of the incident or inspect the file. The area is still closed to the public." On 22 June a military vehicle drove on a mine near Toklu village in Taşlıçay district (Ağrı). The soldiers İdris Candan and Mehmet Ali Arslan were killed and five soldiers including one officer were injured. Around the same date one military vehicle drove on a mine near Şırnak. The soldiers Mevzat Arçil was killed and two soldiers were injured. During a similar incident in Pervari district (Siirt) two officers and one soldier were injured. The HPG announced that during a clash between Midyat district (Mardin) and İdil district (Şırnak) on 24 June the HPG militants Zahide Kurt, M. Maşuk Atuk and Kemal İsmailoğulları were killed. Allegedly seven soldiers died in the clash. The organization had carried out an attack on a military vehicle between İncesu and Kömürcük villages in Doğubeyazıt district (Ağrı) on 26 June. One officer and two soldiers had been killed and two officers and 11 soldiers had been injured. In a separate announcement the HPG stated that in a clash between Ortaçanak and Dallıtepe village in Bingöl district on 23 and 24 June the militants Mehmet Bayar, Tekin Şaybak, Ahmet Okur and Senar Gülükanlı had died. Allegedly 22 soldiers died in the clash. During the funeral of Ahmet Okur in Diyarbakır on 27 June the police used tear gas and fired in the air to disperse the marching crowd. The crowd responded with throwing stones. Ten people were injured and 15 people were detained. On 27 June one soldier was injured when a military vehicle drove on a mine near Doğubeyazıt district (Ağrı). Four soldiers were injured when on 28 June a military vehicle drove on a mine near Kesertepe village (Kiği district, Bingöl). On 2 July a train derailed near Genç district (Bingöl) when a bomb planted by the HPG exploded. In the incident the railroad workers Celal Korkmaz (40), Özcan Türker (31), Mehmet Aygül (32), Saffet Albaş (32) and Mehmet Şimşek were killed and 13 people were injured. Among the injured persons Gürhan Bilgiç died in hospital on 5 July. The train that went to rescue the passengers also derailed and reportedly several people were injured. During the funeral of the victims unidentified person entered the offices of the HRA in Bingöl and destroyed the furniture. At the time the office was not occupied. Also on 2 July three police officers were injured when they tried to defuse a bomb in the Üçyol quarter of Kulp district (Diyarbakır). On 6 July two soldiers were injured during an attack on a control post between Ziyaret town and Kozluk district. During a clash near Dargeçit district (Mardin) one HPG militant was killed on 5 July. The militants Revzete Ay and Kemal Hüseyin (Iraq) were reportedly detained alive. During a clash near Harman village of Çiçekli town (Tunceli) the MKP militant Özlem Ekder was killed on 6 July. The HPG announced that Necati Yurdakul was killed in Hakkari at the beginning of July. He was said to be an agent of JİTEM. On 7 July an attack was launched on the freight train from Erzincan to Erzurum. The train derailed but there were no casualties. On 9 July a military vehicle drove on a mine near Dereceik town in Şemdinli district (Hakkari). The soldiers Mehmet Çamcı, Ender Alber and İbrahim Boybey died and the sergeant Adem Şahan and the soldiers Cengiz Aydın, Hüseyin Torun, Nefi Yetitiren, Abdülaziz Çalışkan, Cem Öztürk, Abdullah Gezgin, Barış Gökbaşlar, Bestavi Veziroğlu, Cemal Şahin, Mehmet Engin, Zeynel Özdemir and another three soldiers were injured- Two soldiers were injured when the stepped on a mine on Çukurca district. In the night of 9 July an attack was carried out on a control post in front of the governor's office in Hozat district (Tunceli). The police officers Niyazi Karanfil, Mehmet Cibooğlu and Mehmet Kılıç were injured. The HPG militant Murat Yavuz was killed in a clash that occurred near Kemak district (Erzincan) on 11 July. On 11 July HPG militants blockaded the road between Tunceli and Erzincan and kidnapped the soldier Coşkun Kırandi who was on his way home. Gökhan Güzel who allegedly hugged the militants and spoke in favor of them was arrested on 13 July. On 4 August Coşkun Kırandi was released. A delegation went to Güleç village to meet him at 6.30pm. Once the soldier and the delegation arrived in Tunceli they were detained. On 6 August the members of the delegation Selahattin Demirtaş (HRA Diyarbakır), Mihdi Perinçek (HRA), swinger Ferhat Tunç, Alaaddin Erdoğan (deputy chair of DEHAP), Özgür Söylemez (from Tunceli Provincial Parliament) and the journalists Ferit Demir, Haydar Toprak, Ladir Özbek and Rüştü Demirkaya were released and the soldier was sent to his family. An investigation was launched against the members of the delegation on the grounds that they supported an illegal organization. During operations for the rescue of Coşkun Kırandi a clash occurred in the region of Pülümür Valley (Tunceli) on 20 July. Five soldiers were injured. On 13 July Sergeant Osman Topuz was injured during an attack on a military vehicle near Genç district (Bingöl). The HPG announced that operations had been carried out in the Hakkari region between 14 and 16 July. Allegedly the security forces had used chemical weapons during the operation and caused the death of the HPG militant Hacer Benek, Vahit Bilir, Rıfat Baysal, Mehmet Emin Sincar and Hasan Esmer. In a separate announcement the HPG stated that three police officers, two of them named Harun Çamlıca and Rasime Tipi, had been injured during an attack on a control post near Alucra district (Giresun) on 15 July. In mid-July a military vehicle drove on a mine near Çeltikli village (Bitlis). The soldiers Muzaffer Ürgen, Ahmet Ergül, Muharrem Kayaoğlu and Mehmet Pehlivan were injured. On 19 July a clash occurred on the road between Pülümür district and the provincial capital of Tunceli. Reportedly one HPG was killed and five soldiers were injured. The HPG denied the news and stated that an attack had been carried out on a military unit on Gabar mountain near Şırnak resulting in the death of eight soldiers. On 19 July a military vehicle drove on a mine near Çığlı village in Çukurca district (Hakkari). The officers Haluk Denli (Haluk Beydili), Tuna Kara and the soldiers Erkut Yılmaz and Bülent Yılmaz died. Three soldiers including Fırat Aluş and İsmail Temel were injured. During an ensuing clash another four soldiers were reportedly injured. During a clash near Akınköy in Erciş district (Van) the officer Kenan Taşan was killed on 20 July. Allegedly two HPG militants were killed, too. They were later named as Yücel Yorgun and Mehmet Karakuş. After the clash raids were carried out on Akınköy, Extê and Kilise villages and some 20 persons were detained; 13 of them were later arrested. The HPG maintained that no militant was killed. The security forces had fired at peasants on their fields and killed two civilians. Allegedly the HPG hit a military helicopter near Çukurca district (Hakkari) on 22 July. Reportedly 16 soldiers died and 10 soldiers were injured. The General Staff stated that the helicopter had hit a mine during landing and four soldiers had been injured. The press reported the death of the soldier Mehmet Kanşıray near Çukurca district (Hakkari) on 24 July. The governor's office in Şırnak announced that five PKK militants had been killed on 21 July. During clashes in the Anılmış Valley of Cudi Mountain near Şırnak the HPG militants Ahmet Bilal and Azad Tahiri were killed on 22 July. The postal train running between Elazığ and Muş derailed near Kale-Kurt station on 26 July. There were no casualties during the incident of 26 July. On the same day four HPG militants were killed in a clash near Büyükçiftlik village in Yüksekova district (Hakkari). Allegedly eight soldiers were killed in the same clash. The HPG announced that the radio link near Şebinkarahisar district (Giresun) was destroyed on 27 July. During the ensuing operations they had killed eight soldiers on 29 July. During an attacked on the military registration office in Torul district (Gümüşhane) on 29 July the soldier Doğan Kef was killed. The officer Kemal Etiler died on 3 August when he stepped on a mine near Uludere district (Şırnak). During a clash near Bulakbaşı village in Doğubeyazıt district (Ağrı) the HPG militant Mehmet Birgül was killed on 4 August. During the night of 4 August the officers Dursun Çetin, Durmuş Ali Uzun and Evren Ayyarkın and the soldiers Ramazan Çakar and Halil Kaan Kayabaş died and the soldier İnan Hakan was injured in an attack on a gendarmerie station in Şemdinli district (Hakkari). During a clash near Ovacık district (Tunceli) the officer Zafer Sabancı was killed on 4 August and one soldier was injured. On 8 August the HPG militant Muhammet Mustafa Kayapınar died in a clash near İlıç district (Erzincan). During a clash near Dereli district (Giresun) on 9 July one HPG militant and four soldiers reportedly died and one militant was injured. During a clash near Anafatına village in Ovacık district (Tunceli) two soldiers died and four were injured in 10 August. On 11 August a clash broke out in the Geyiksuyu region near Tunceli. The soldiers İdris Güler and Veli Altın died and four soldiers were injured. Among them Hüseyin Yanık died on hospital on 12 August. During a clash in Maçka district (Trabzon) deputy commissioner Tolga Doğruel and the police officer Ekrem Çakmak were injured on 20 August. On the following day another clash broke out, when the attacking militants were discovered in a garden. The HPG militant Mesut İsa (Syria) died and the militant Sinan Gencer was captured injured. Later it was reported that the militants had been denounced when they went shopping in a market. On 22 August several people tried to lynch Sinan Gencer when he was taken for an inspection of the scene. Sinan Gencer was arrested on 25 August. The HPG alleged that Mesut İsa had been killed after having been apprehended alive. One HPG militant with the code name "Çektar" who reportedly had escaped was captured on 27 August. Mesut İsa was buried in Quamishlo on 30 August. His father alleged that his son had been unarmed and captured with wounds and had been executed. Hüso İsa stated that he had gone to the Forensic Institute to identify his son. He had seen many bullet wounds and a large wound on the back. In Nusaybin DEHAP chair Nazım Kök and the members Azize Yağız, Hülya Kök, Seyithan Kaya, Ahmet Çağın, Murat Bal and the journalists Süleyman Tekin and Engin Tokay were arrested on 31 August. Reportedly they had called Mesut İsa "our martyr". The arrest warrants were based on charges of conducting an illegal demonstration. The governor's office in Tunceli announced that on 21 August the HPG militants Mehmet Emin Barcadurmuş and Süleyman Tekin had been killed near Bozağakaraderbent village in Pülümür On 18 August Sergeant Onur Yeşil died in hospital. He had been injured by a mine that exploded near Çukurca district (Hakkari). During the same operation Sergeant Bülent Karataş died when his hand grenade exploded. On 19 August a bomb exploded close to the railroad in İslahiye district (Antep). There were no casualties. Near Tepecik village in Beşiri district (Batman) clashes broke out on 25 August and lasted for three days. During the clashes the HPG militants Cennet Dirlik, Fuat Becene, Ali Ekber Kalsen, Yusuf Avdoyan, Rıdvan Karakuş, Abbas Emani and Kawa Kobani were killed. On 26 August the journalists Orhan Turan, Medeni Akbaş and Reşat Yiğit were detained when they went to the scene of the clashes. On 27 August some 2,000 people tried to walk to the scene of the clashes, but were hindered by the security forces. When on 28 August a crowd of people wanted to go to the hospital where the corpses were kept the police and gendarmerie intervened. In the incident Hasan İş was killed with a gun (See the chapter on Freedom of Assembly). The HPG claimed that during the clashes 12 soldiers including one officer had been killed. The female HPG militant Ruken Maraş and one militant with the first name of Ramazan had been apprehended alive. The daily Özgür Politika claimed on 30 August that the female militant who had lost one hand and both feet in the clash had been killed by an officer after apprehension. Another militant had been wounded and burned to death by setting fire to the bushes in which he hid. The article mentioned a third militant from Iran who had been interrogated for one day and killed afterwards. One village guard was injured in a clash that broke out near Kavakgölü village in Eruh district (Siirt). The HPG stated that military operations had started in Başkale district (Van) on 27 August. On 28 August soldiers and militants had clashed and the militant Salih Doğan Yıldırım had died. One officer and one soldier were injured when on 1 September they stepped on a mine near Çanakçı village in Alacakaya district (Elazığ). The militants Ayhan Seven and Ziver Demirbağ died in a clash in the Bilgili region near Tunceli. Ayhan Seven was buried in Yüksekova district (Hakkari) on 9 September. The group accompanying the coffin clashed with the police. Many shops and vehicles were damaged. On 5 September the soldiers Ahmet Delen and Cengiz Aktaş died when they stepped on a mine near Işıklı village in Çukurca district (Hakkari). The HPG maintained that three soldiers had been killed in a clash and six soldiers had been wounded. The HPG militants Emrullah Işık and Önder Yeter died near Yaylakonak village in Hınıs district (Erzurum) on 8 September. The governor's office in Erzincan announced the death of one HPG militant, while the HPG claimed that nine soldiers including one officer had been killed between Erzincan and Erzurum and five soldiers had been injured. The governor's office in Tunceli stated that seven HPG militants had been killed during a clash on Munzur Mountain near Tunceli. On 9 September clashes were reported from Çiçekli village. The names of the killed HPG militants were given as Mahmut Demir, Nazmi Abdurrahman (Syria), Mizgin Hadi and Osman Cengiz. Osman Cengiz was buried in Doğubeyazıt district (Ağrı) on 14 September. After the funeral some demonstrators threw stones at the homes of soldiers and police station. On 10 September a clash broke out in the Seslice and Alkım region near Şırnak. The officer Mustafa Bayıklı and the soldiers Süleyman Aydın, İbrahim Ceylan and Yüksel Kutla died and one officer was wounded. On the same day Sergeant Suat Ocak died in a clash that broke out near Yazkonağı village in Genç district (Bingöl). On 14 September the military estate in the center of Tokat was attacked with fire-arms. The soldier Aydoğan Şen was wounded. N.M., H.O. and M.H. were detained in connection with the attack. The officer Emrah Akman and the soldier Kadir Kasa died as a result of an attack on a military vehicle in Hakkari on 15 September. Emrah Akman was buried in Saruhanlı district (Manisa) on 16 September. The participants of the funeral later attacked the offices of DEHAP in the town causing material damage. On 15 September a military vehicle drove on a mine during the transport of soldiers from Yüksekova to Şemdinli district (Hakkari). One soldier was injured. In the same region Sergeant Murat Karabulut and the HPG militants Mehmet Şahin and Aydın Çiliger died in a clash. Aydın Çiliger was buried in Bulanık district (Muş) on 20 September. Lawyer Mensur Işık, chair of the HRA in Muş, acting on behalf of the family stated that traces on the corpse indicated that it had been pulled with an armored or similar vehicle over the ground. Abrasion of the skin had been observed at the hip and arms and cigarettes had been subbed out on various parts of the body. On 17 September the HPG militant Tamer Uysal died in a clash near Uzuntarla village (Tunceli). On 19 September the HPG militant Halit Bulut died in a clash on Gabar Mountain near Şırnak. On 21 September the HPG militants Hilmi Borak and Cengiz Rasat (Iran) died in a clash near Yayladere district (Erzurum). The HPG announced that one militant died in an operation in the Mıhtepe region on Doğubeyazıt district (Ağrı). On 23 September a clash had occurred between Güleç and Uzuntarla villages (Tunceli) resulting in the death of one militant. Another militant had been killed in the İncebel mountain region near Şırnak. On 23 September a military vehicle drove on a mine near Kuyucak village in Pervari district (Siirt). The soldier Zeki Yenal Gülseren died and Şaban Kadıoğlu and Erkan Küçükfırat were injured. One soldier was injured when on 23 September he stepped on a mine near Beytüşşebap district (Şırnak). One the same day a bomb exploded near the command of the gendarmerie in Kulp district (Diyarbakır) resulting in injuries of two soldiers. On 25 September a military vehicle drove on a mine near Sason district (Batman). The soldiers Ersin Çelik and Mehmet Kürkü were injured. During a clash on the road between Şırnak and Hakkari on 26 September the village guards Salih Çapan and Osman Sarı died. The HPG announced that during clashes at the end of September the militants Mehmet Alaç, M. Zeki Afşin, Şerif Kaya and Naide Kadir had been killed. The governor's office in Diyarbakır reported that a clash had occurred on the road between Batman and Bismil when a vehicle with militants had refused to stop. Two HPG militants had been killed. Police chief Erdoğan Abacıoğlu, Chief Commissioner Aydın Ayhan and the police officer İbrahim Döner had been wounded. The HPG announced that during clashes near Şırnak on 28 September the militants Mehmet Süphan Boztaş and Enes Yıldız had been killed. During military operations that started near Başkale district (Van) on 30 September one soldier had been killed and three soldiers had been injured. During a clash in the Badabi Tepe region near Güçlükonak district (Şırnak) on 6 October the soldiers Halil Aktaş died. The sergeants Hayrettin Doğan and Murat Öztürk died in a clash that occurred near Nusaybin district (Mardin) on 7 October. On 9 October HPG militants blocked the road between İdil district (Şırnak) and Midyat district (Mardin) and kidnapped the police officer Hakan (Hasan) Açıl. On the website of the HPG the following interview with the police officer can be found under: http://www.hpg-online.com/eng/news/news_9.html.On 10 October a military vehicle drove on a mine near Yayladere district (Bingöl) resulting in injuries to three soldiers. The HPG claimed that it had been an attack on a military vehicle and two soldiers had died, while eight had been wounded. On 10 October a clash broke out near Çıralı village between Ovacık and Hozat district (Tunceli). The HGP militants Cezmi Çelik, Nevzat Aslan and Erdener Doğan died. In the same region another clash occurred on 11 October resulting in the death of the soldiers Oğuz Balıkçı, Melih Tuncer, Şener Karadede, Erhan Öz and Halil Toparlı. The officers Ahmet Şentürk, Hüseyin Durmuş and the soldiers Hilmi Kılıç and Orhan Çekiç were wounded. The HPG militants Nevzat Baykara and Gökhan Gürcan died in a clash near Oymaklı village in Eruh district (Siirt) on 13 October. On 13 October a clash broke out near Armutlu hamlet, Kavaklı village (Hakkari). The soldier Osman Demir died. On 14 October Sergeant Erbu Serpan died when he stepped on a mine near Ziyaret village in Lice district (Diyarbakır). In the same region the soldier Maas Ediş died in a clash. The MKP militants Murat Güzel, Ayten Gülmez and Yusuf Dal died in a clash that broke out near Gözeler village in Ovacık district (Tunceli) on 17 October. One day before that a clash had broken out near Geyiksuyu village (Tunceli). The HPG militant Resul İsmail Kereni died and one security officer was injured. The soldier Mehmet Özdemir died when on 26 October he stepped on a mine in Şırnak province. On 29 October the gendarmerie station in Erenkaya village in Eruh district (Siirt) was attacked resulting in the death of village guard İrfan Katmış and the HPG militant Aydın Altın. Four soldiers were injured. The HPG claimed that soldiers had shot the village guard. Sergeant Ali Turan died in a clash near Yolaçtı village (Bingöl) on 30 October. Allegedly three HPG died in the clash, too. On 31 October a clash broke out near Uzungeçit town in Uludere district (Şırnak). The village guard Reşit Aydemir died. Allegedly three soldiers were killed, too and five soldiers were wounded. In a separate report the clash was dated 1 November. The names of killed soldiers were given as Ümit Özcan, Oğuz Palpaloğlu, the village guard Reşit Aydemir and the killed HPG militant was named Şakir İtah. Officially four soldiers were wounded. The HPG claimed that 13 soldiers had been killed. The HPG announced that on 31 October a clash had broken out between Bingöl and Elazığ and the HPG militants Selami Ünal, Savaş Güneş and Cemal Çelik had been killed. In the clash two officers and one soldier had also been killed. The HPG announced that on 2 November a military vehicle had driven on a mine near Kurşunlu hamlet, Dicle district (Diyarbakır). Two soldiers had died. In an official statement one officer and one soldier were reportedly wounded. One soldier was injured when on 13 November a military vehicle drove on a mine in Güçlükonak district (Şırnak). On 14 November a military vehicle drove on a mine near Koçdağı village in Başkale district (Van). Sergeant Ramazan Kurumeydan and the soldiers Mustafa Demir and Ferhat Ekici died. On 15 November the police center at the industrial compound of Erciş district (Van) was attacked. No casualties were reported. On 17 November the train between Van and Özalp derailed in the Çeken region when a bomb exploded. No casualties were reported. The governor's office in Şırnak announced that during a clash on 19 November one female militant had been killed. On 20 November the police headquarters in Silopi (Şırnak) and on 25 November the police headquarters in İdil (Şırnak) were attacked. No casualties were reported. During a clash in the İkizce region (Şırnak) the HPG militant Şarvan Salih was killed on 22 November. The HPG claimed that 15 soldiers including two officers had also been killed in the clash. On 26 November a military vehicle drove on a mine in Maden district (Şırnak) resulting in injuries to four soldiers. On 21 November Iranian soldiers clashed with HPG militants resulting in the death of the HPG militants Yusuf Karabağ and Ferhat Danış. Two soldiers were injured when on 6 December they stepped on a mine near Bükardı town in Arıcak district (Elazığ). The HPG claimed that one officer was killed and the soldiers Mustafa Aslan and Metin Başer had been wounded. On 8 December clashes broke out on Gabar Mountain between Fındık town and Güçlükonak district (Şırnak). Sergeant Ömer Fidan and the soldiers Mehmet Duru, Cihan Olhan and Mehmet Ali Erçetin died and the soldiers Tuncay Arslan and Feridun Özcan were wounded. The HPG announced that the militants Dara Reşit and Münir Yüksekdağ and more than 30 soldiers had been killed. Attacks of armed Organizations Incidents resulting in death Yaşar Aykaç (police officer) On 30 April the bomb expert Yaşar Aykaç inspected a packet that had been left at a toilet in Kuşadası (Aydın). He died when the bomb exploded. Commissioner Yahya Murat Yavuz and the police officers Murat Bilgi, İsmail Doğan Atlı and İsa Soydan were wounded. The Freedom Falcons of Kurdistan (TAK) took responsibility for the attack. Fevzi Doğan Mayor Fevzi Doğan (DYP) in Atakent town, Silifke district (Mersin) died when a bomb planted in his car exploded on 26 May. The reason for the attack remained unknown. Atilla Kanda The PKK announced that Atilla Kanda had been killed, because of "his role in the killing of the militants Ahmet Yusuf and Kawa Teyyar in Serindere village in Yüksekova district (Hakkari) on 17 May. He was accused of being a member of JİTEM. The announcement was made on 22 June but the exact date and place of the killing was not mentioned. On other websites Atilla Kanda was named as a former PKK member who had left the organization and was close to the Patriotic Democratic Party (PWD) under the leadership of Osman Öcalan. Hikmet Fidan Hikmet Fidan, assistant secretary of the now closed pro-Kurdish People's Democracy Party (HADEP) was assassinated by a shot to the head in Bağlar quarter (Diyarbakır) on 6 July. Reportedly Mr. Fidan was the main PWD (Partiya Welatparezan Demokraten Kurdistan) contact and organizer in Turkey. The PWD linked the assault to decisions taken at the Kongra-Gel/PKK's conference in May 2005 and an 11-page instruction speech made by the PKK's senior official, Cemil Bayık (code named Cuma), to the PKK's European congress early in June. In November the public prosecutor in Diyarbakır indicted three people in connection with the attack. The indictment that Hikmet Fidan had been at a meeting with PWD members in Northern Iraq. He had been accompanied by Veysi Akgönül and Mustafa Kemal Ok who had been given the task to establish a print office in Diyarbakır with the aim to finance the PWD. Under threats Veysi Akgönül had accepted to kill Hikmet Fidan. He had asked Fırat Karahan for help. In the end Veysi Akgönül had been too afraid to carry out the murder so that the PKK member Serkan Şitilay had pulled the trigger. He had not been apprehended (also see the Chapter on the Kurdish question). Eda Okyay, Deniz Tutum, Ufuk Yücedemir, Helen Pallhall, Tana Whalen On 16 July a bomb exploded in a minibus in Kuşadası district (Aydın). Five people were killed: Eda Okyay, Deniz Tutum, Ufuk Yücedemir (30), Helen Pallhall and Tana Whalen and 13 people were injured: Cemal Uçar, his son İbrahim Uçar, Toli Pulshol, Steven Stables, Michael, Adam Brown, Nilgün Yüksel Bozyaka, Muhlis Yaşa, Sen Pucher, Akif Çallı, Sedat Özçelik, Doğan İkilik and Serkan Tetik. The HPG announced that they had not carried out the attack and had no relation to the Freedom Falcons of Kurdistan, the group that claimed responsibility for the attack. Şevket Kaygusuz (soldier), Burhan Baykal (soldier) On 29 July a car bomb exploded in Hakkari, killing the sergeants Şevket Kaygusuz and Burhan Baykal. Three people were injured. Following the explosion the staff members of Avaşin Culture Center, Faik Baş, İskan Kazandıoğlu and Hamit Kazandıoğlu were detained. They were released on 31 July. Eda Muslu, Hatice Muslu In the night of 3 August at 11.30pm a bomb exploded in a waste bin in İstanbul-Pendik. Eda Muslu and her mother Hatice Muslu, passing in a car, lost their lives; Can Muslu, Umut Müftahi, Seyit Ekşi and Emine Ekşi were injured. Other cars and buildings close to the scene were damaged. İstanbul Police HQ announced that the explosive was of C-4 type that the PKK used. İstanbul Governor Muammer Güler, however, said that it was too early to attribute the attack to terrorists. The HPG denied any responsibility. Erhan Türk, Ziyaettin Yalvaç On 8 August an explosion occurred in a flat in İstanbul-Zeytinburnu, killing Erhan Türk and Ziyaettin Yalvaç. İstanbul Chief of Police Celalettin Cerrah stated that the explosion was not cause by liquid gas. He suspected that people tried to make a bomb, when it exploded. As a result of the explosion Beşir Baysu (53), Zeynep Baysu (46), Medine Baysu (3), Avniye Kaya (27) and Fadime Terzi were injured. Şehmus Sarı On 12 August a car bomb exploded in Mersin close to the Police House. Şehmus Sarı died and his relative Cihan Sarı was seriously injured. Officially it was alleged that the people in the car tried to perform a bomb attack. Cihan Sarı was arrested on 18 August. Bülent Akçiçek During an explosion in Bursa on 1 September Bülent Akçiçek died. Officially he was accused of having planned a bomb attack, when the bomb exploded early. It was also alleged that Akçiçek was a member of the Selef group within al Quaida. Korhan Ekiz, Mehmet Tamis On 17 September an attack was launched on the Police Center in Van. The police officer Korhan Ekiz died and the police officers Mehmet Tamis, Yücel Açıkkapı and Abdurrahman Demir were injured. Mehmet Tamis died in hospital on 18 September. Osman Kaya On 4 October a bomb exploded in the shopping center Çawani (Kurdish for How are you?) in İstanbul-Çağlayan. One person was killed. The name was given as Osman Kaya. The owner of the shop, Mehmet Başçı lost one arm. Gülbeyaz Gümüş, Selim Eren, Osman Özoğul and Ali Yalçınkaya had to be taken to hospital. İstanbul Chief of Police, Celalettin Cerrah, alleged that the explosion happened during preparation. Şeyhmus Erden, Ahmet Koçhan The HPG announced that during a clash between Derik and Kızıltepe districts (Mardin) on 5 November the JİTEM members Şeyhmus Erden and Ahmet Koçhan and one soldier were killed. Erden and Koçhan reportedly participated in the operation in November 2004 during which Ahmet Kaymaz and his son Uğur Kaymaz had been killed in Kızıltepe (Mardin). However, NTV reported that Erden had been chair of the pro-Kurdish ÖTP in Şenyurt and Koçhan had served 45 months in prison for support of the PKK. The killings were said to be internal murders in the organization. Mustafa Sayar, Ömer Akçura On 18 November a bomb exploded in a waste container in İstanbul-Beylikdüzü near a leisure park. Mustafa Sayar (45) died. Among the injured persons Ömer Akçura died in hospital on 22 November. The names of further injured people were given as Berkay Doğan, Candemir Apaydın, Aslan Çağlayan, Gülay Tan, Gülay Güz, Tanju Şirin, Mecit Şirin, Faruk Arslan, Büşra Oto and two others. İstanbul Governor Muammer Güler stated that the explosive had been an A-4 bomb and was detonated by a mobile phone. Hüseyin Akçura, father of Ömer Akçura alleged that his son was not properly treated because they could not pay the costs. His son had been working but since he had not fulfilled 120 days the assurance company did not pay. Even when the family wanted to get the corpse the officials in hospital had asked for money. Further Incidents On 24 January an armed attack was launched on a patrolling police car in Samsun. None of the police officers was injured. On 26 January a Molotov cocktail was thrown at the branch of İş Bankası in İstanbul-Kadıköy. On 27 January a bomb exploded in front of the leisure center "Regata" in İstanbul- Bakırköy. Fehim Kurtulmuş (25), Erdal Tankış (25) and Hakan Kum (37) were injured. On 17 February a Molotov cocktail was thrown at the AKP office in Kocaeli. Nobody was injured. In connection with the incident B.Ç., B.K., H.T. and Z.P. were detained. Among them B.Ç. and B.K. were arrested on 17 March. A bomb that was planted in the parking space of Arkas Holding in İstanbul-Zincirlikuyu resulted in material damage on 23 February. A person trying to plant a bomb in a vehicle in front of the municipality in Yenişehir-Diyarbakır on 8 March was injured, when the bomb exploded. S/he managed to escape. In the incident Berat Özbudak, Savaş Özbudak and Seyithan Dönüş were injured. On 28 March a Molotov cocktail was thrown into the garden of the İmam Hatip Lyceum in Mersin. Aydın H. was detained in connection with the incident. Medeni Ayhan, lawyer in Ankara was injured to his chest in an armed attack on 6 April. The attack came late in the evening. Medeni Ayhan had for some time acted as defense lawyer of Abdullah Öcalan. In the night of 16 April bomb attacks were carried out on the offices of the MHP in Kadıköy and Sakarya and the office of the CHP in Sakarya. In Kadıköy the passer-by Pakize İbrahimoğlu (90) was slightly injured. On 16 April a hand grenade was thrown at a civilian police car in İzmir-Konak. There were no casualties. On 17 April a bomb exploded in front of the Trade and Consumer's Court in İstanbul-Beşiktaş. On 21 April a Molotov cocktail was thrown at the International Protestant Church in Ankara. There were no casualties. Earlier the church had received threatening letters signed by the "Turkish Revenge Brigade" (TİT). On 27 April experts defused one bomb at the Golden Horn Bridge in İstanbul and one close to the public transport (İETT) garage in İkitelli. No casualties were reported when a bomb was thrown into the offices of the Idealists' Union in Kağıthane (İstanbul). In the night of 27 May a bomb was thrown into the Oyakbank in Çağlayan-İstanbul. On 28 May a bomb was thrown into the courthouse in Bağcılar-İstanbul. A vehicle parked in front of the building was damaged. On 30 May a bomb attack was carried out on the offices of the AKP in Seydişehir-Konya. There were no casualties. No casualties were reported from bomb attacks at the courthouse in İstanbul Bakırköy and the governor's building in Ankara-Keçiören on 6 June. Unidentified persons opened fire on a minibus near Geçitli village (Hakkari) on 8 June. The woman Firuze Özbek (46) was injured. On 16 June a hand grenade was thrown at a sport's club in Beyoğlu-İstanbul. It did not explode. The bomb left at the entrance to the HQ of Pensioned Officers in Kızılay-Ankara resulted in material damage. An organization with the initials FESK (Armed Forces of the Poor and Oppressed) claimed responsibility. On 10 July a bomb exploded in a waste contained in Çeşme-İzmir resulted in serious injuries to Ali Çelikli and injuries of another 21 persons, three of them foreigners. Yavuz Demirkıran, İbrahim Demirkıran and Halil Akçı were arrested in connection with the event. On 14 July a car bomb exploded in Hakkari and injured Tamer Akarsu and Kemal Gezer. Deputy Governor Sezgin Üçüncü could give no reason for the explosion. Allegations were raised that HPG militants kidnapped the shepherds Sinan Gürbüz (16) and Hakan Abi (18) near Ortayol village in Başkale district (Van) on 23 July. On 23 July a bomb exploded in a restaurant under the Galata Bridge in İstanbul. Ethem Yılmaz and Thedorus Bartholemeus van Kompen (Netherlands) were injured. In connection with the incident Necat Öztekin, Mehmet Abay and Hanefi Kuzu were charged with membership of an illegal organization in August. On 25 July an armed attack was conducted on a police vehicle in Gümüşhane. The police officer Eyüp Şahin and the passer-by Çetin Ergün were injured. Unknown people set the offices of the MHP in Mamak-Ankara on fire in the night of 26 July. Previously unknown "Anti-fascist Forces (AFAK) claimed responsibility. HPG militants kidnapped Haşim Akyürek, Mayor for the AKP of Yayladere district (Bingöl) on 27 July. Together with his friend Zülfü Çoban he had gone to the Sündüs Plateau. They were kidnapped on their way back. Zülfü Çoban was released near Çalıkağız village (10 kilometers from the district center). He reported that it had been 4 kidnappers speaking Turkish and Kurdish well. They had said that the control was with the organization at that time of day. In the village they had asked for food and had taken the Mayor with them. Haşim Akyürek was released near Sündüs Plateau on 1 August. On 1 August unknown people attacked the offices of the ÖDP in Yenimahalle and Eğitim-Sen in Batıkent (Ankara). The attackers sprayed the doors and wrote slogans of "Turkey belongs to the Turks" and "How happy who can say to be a Turk" on the walls. On 2 August unknown people kidnapped Hasan Baturay from Karakaş village in Arıcak district (Elazığ). Allegedly the kidnappers were HPG militants. He was released on 16 August. Bombs that were planted in waste bins in Kalekapısı and the spice bazaar in Antalya resulted in material damage on 2 August. In the explosions three persons including one foreign tourist were injured. On 5 August bombs exploded near Servi town in Genç district (Bingöl), when a convoy with Bingöl Governor Vehbi Avuç, the deputies Feyzi Berdibek, Mahfuz Güler, Abdurrahman Anık and Bingöl Chief of Police, Mehmet Gülnaz passed. There were no casualties. On 7 August a bomb exploded in the boot of a taxi at Atatürk Airport (İstanbul). The driver Muammer Kaynak and, sitting in a different car, Zeynep Soyutürk and her son Umut Soyutürk (3) were injured. In connection with the incident Hüsamettin G., Turhan Günaha, Hakan Seviptekin and Coşkun G. were detained at the beginning of September. In 12 August a bomb exploded in a waste bin in Alanya district (Antalya). One person was injured. On 13 August a bomb exploded when Elazığ Governor Kadir Koçdemir returned from Alacakaya district. The car was damaged but there were no casualties. As a result of a bomb explosion in front of a shopping center in Bakırköy-İstanbul in August the woman Nursen Çınar was slightly injured. On 14 August a bomb exploded in the cellar of the governor's office in Beytüşşebap district (Şırnak) causing material damage around but no casualties. The HPG announced that the organization was not responsible for the kidnapping of Ali Rıza Zenbur from Pertek district (Tunceli) in mid-August. On 15 August a bomb exploded in the cash point situated in the garden of the governor's office in Ömerli district (Mardin). School director Şükrü Özgür, Sergeant Levent Yücedağ, teacher Menderes Şakir and Nedim Dağ were injured. On 17 August a Molotov cocktail was thrown into the directorate of the post office PTT in Buca-İzmir. In connection with the incident H.K. (19), Ş.Ç. (16) and F.U. were detained, but released by the prosecutor. On 24 August a bomb exploded in a street in Dikili district (Antalya) resulting in injuries of Abdurrahman Tayfur. Reportedly he lost three fingers at his right hand. FESK claimed responsibility for a bomb attack on the right-wing newspaper Ortadoğu in Ankara on 8 September. The organization also claimed to have bombed the offices of the MHP in Ümraniye-İstanbul on 9 September. The MLKP announced that the meeting place of the MHP in Göksu town, Buca district (İzmir) had been bombed on 16 September. On 11 September a bomb was thrown into the house of Hasan Öztunç, the brother of AKP deputy for Hakkari, Fehmi Öztunç. The bomb caused material damage. On 18 September Abdulkerim Kılıç, headman of Çatalca village in Şemdinli district (Hakkari) was kidnapped by unknown men. The mainstream press attributed the kidnapping to the PKK. On 19 September a bomb was thrown into the office of the AKP in Malazgirt district (Muş). The fire caused material damage. The garbage collector Mehmet Yıldız was injured, when on 19 September a bomb exploded in a park at İstanbul-Taksim Square. The minibus driver Sait Karadeniz was injured when on 24 September a hand grenade thrown on the road in Cizre district (Şırnak) exploded. On 28 September a bomb exploded at the entrance to the municipality in Şahinbey district (Antep). Some shops were damaged. On 4 October a group of demonstrators set a public bus on fire with a Molotov cocktail. On 9 October a group of right-wingers attacked members of the ESP and the Independent Revolutionary Class Platform (BDSP) when they held a press conference against the draft Anti-Terror Law in Kayseri. Muharrem Demirkıran was slightly injured. The police detained him and four other demonstrators. On 15 October an explosion occurred at a petrol station in Maslak (İstanbul). Durmuş Özkan (30), Osman Topal, Tolga Kayabaşlı, Ersin Aslan and Sezai Çetin were injured. After an inspection the official announcement stated that A-4 type explosion had been used and the detonation had been initiated with a remote control. In connection with the incident Enver Akçay, Levent Döndü, Veysel Dereli, Nusret İnce, Kenan Avcı and Lütfü Yoldaş were detained in İstanbul and Diyarbakır. Kenan Avcı, Nusret İnce, Lütfü Yoldaş and Veysel Dereli were arrested on 31 October. Enver Akçay and Levent Döndü were released. On 19 October a bomb exploded in the toilet of the courthouse in Batman. There were not casualties. In connection with the incident the executives of DTP, Kenan Demir, Bahar Yeşilyurt, Hamit Arslan and Fahrettin Seven were arrested on 3 November. On 26 October a bomb was thrown into the garden of the administration in Viranşehir district (Urfa). The bomb cause material damage, but no casualties were reported. Unknown people set a public on fire in İstanbul-Küçükçekmece on 27 October. They used Molotov cocktails. Material damage was caused, when on 27 October a bomb exploded in the AKP office in Çiğli district (İzmir). The bomb that exploded in the Ziraat Bank in Beytüşşebap district (Şırnak) on 6 November caused material damage. After the incident the police raided many houses. After a raid on his house Sabri Ataman said: "They came early in the morning, broke the door and started to swear at us." M.Yiğit (13), son of Mehmet Yiğit was detained, but released on 7 November. The bomb that exploded in the center of Van on 10 November caused material damage. A bomb was planted into the car of prosecutor Talip Demirezen at a parking space near the administration in Silopi district (Şırnak) on 11 November. The explosion caused material damage. On 20 November a bomb attack was launched against Silopi Police HQ in Şırnak district. The attack caused material damage. The village guards Cevher Bodur and Sabri Binzat and the villagers Murat Kumak, Ata Kaçar and Osman Arslan were detained in connection with this incident. They were arrested on 24 November and also accused of having planted the bomb in the car of prosecutor Talip Demirezen (see above). The file was sent to Diyarbakır since the charges of actions for an armed organization have to be tried at a heavy penal court that replaced the state security courts. Further to these suspects Reşit Çoban, Abdulaziz Çoban, Hizni Özmen and Şahin Özmen were detained on 5 December and accused of an involvement in the bomb attack. Süleyman Çoban, the father of Reşit Çoban later alleged that the police had left a bomb at the flat of his son. Further detentions and arrests were reported on 7 December. H.I., R.I., İ.I., Ş.İ., W.H., E.A, İ.K, N.A. and O.K. were arrested on 9 December. On the same day another two bombs exploded near the governor's office and in Dörtyol quarter of Silopi. In Dörtyol quarter damage was caused at 15 shops. Because of an explosion near the State Hospital Vehbi Yıldız was injured. The HPG announced not to be related to the attacks. On 10 November two separate bomb attacks were carried out in Fatih and Büyükçekmece quarters of İstanbul. At 8pm Çarşamba Police Station was attacked in Fatih. The bomb caused material damage. At 9pm a bomb exploded at Esenkent Gendarmerie Station in Büyükçekmece. No casualties were reported from there. On 12 November Molotov cocktails were thrown at banks in Bornova, Karşıyaka and Kemeraltı quarters of İzmir. The bombs caused material damage. In connection with the incidents Abdülbekir Yakıcı, Abdürrahim Marol and Mehmet Yeni were detained. On 12 November a Molotov cocktail was thrown at the office of the TKP in Samsun. There were no casualties. On 14 November a bomb exploded in a pharmacy shop in Erciş district (Van). There were no casualties. On 16 November a bomb attack was launched against the office of the AKP in Gaziosmanpaşa district (İstanbul). The bomb caused material damage. On 19 November the local newspaper Odak in Afyon was the target of a bomb attack that caused material damage. On 21 November a bomb attack was carried out on the car of Sergeant Hüseyin Akbulut in Derik district (Mardin). The car and buildings around were slightly damaged. The MLKP claimed responsibility for a bomb attack on the office of the MHP in İstanbul-Çekmeköy on 21 November. FESK claimed responsibility for a bomb attack on the police center in İstanbul-Küçükbakkalköy on 23 November, while the MLPK claimed responsibility for a bomb attack on the MHP office in İstanbul-Kartal on 7 December. On 9 December a bomb that was planted in the center of Batman caused material damage. In Turhal district (Tokat) bombs that were planted in the building of the governor were defused before they exploded. The MLKP claimed responsibility for bombs attacks on the MHP office in Gebze-Kocaeli on 4 December; on the residential area of police officers in Konak district (Antep) on 7 December and the MHP office in İstanbul-Bağcılar on 10 December. Yunus İsen and Maşuk İsen, nephews of former ANAP deputy for Batman, Burhan İsen, were kidnapped in Örensu village, Kozluk district (Batman) on 13 December. Reportedly the kidnapper wore masks. On the following day some 200 people gathered in front of İkiköprü Gendarmerie Station claiming the İsen brothers had been detained. On 15 December Yunus and Maşuk İsen were released. At 11.40pm they came to Ünsaldı Gendarmerie Station and stated that HPG militants had kidnapped them. FESK claimed responsibility for a bomb attack on a building with offices of right-wing trade unions, DSP and MHP in Muğla on 22 December. The bomb caused material damage. The MLKP claimed responsibility for a bomb attack on the office of the AKP in Çayırova town, Gebze district (Kocaeli) on 24 December. The bomb caused material damage. At 4am on 26 December an armed attack was launched at a police car in Bağcılar-İstanbul. Police officer Yalçın Tunç was injured to his leg. Later many people were detained in the area. The FESK claimed responsibility for bomb attacks at the governor's office in Bahçelievler quarter (İstanbul) on 26 December; at Altındağ Police HQ in Ankara; at the AKP office in Bursa and at Altındağ Police Station in İzmir on 28 December. The attacks caused material damage and said to be a protest at the prison operation of 19 December 2000. Cevat Yurdakul: The annuity insurance (Emekli Sandığı) asked for TL 14 billion of compensation paid for the family of Adana Chief of Police Cevat Yurdakul who fascists had killed on 28 September 1979 to be paid back arguing that his death had no relation to the fight against terrorism. In 2000 Ankara Heavy Penal Court had convicted the alleged assailants not under Article 146 (violent overthrow of the Constitutional order), but for murder under Article 450 TPC. The annuity insurance maintained that these charges had no "terrorist" (political) background. The wife of Yurdakul appealed to Ankara Administrative Court 11 stating that the killing had no personal but a political background. Yasin Hayal: On 13 September Trabzon Heavy Penal Court released Yasin Hayal. He was charged with having planted a bomb in the McDonald's restaurant in Trabzon on 24 October 2004. The bomb had resulted in injuries of six people. The trial continued and did not end in 2005. Political Trials Bomb Attacks in İstanbul: During 2005 İstanbul Heavy Penal Court No. 10 heard the case of 69 defendants charged in connection with the bomb attack on 15 and 20 November 2003. After the hearing of 14 February Cemile Akdaş, Mediha Yıldırım, Mehmet Helvacı, Abdullah Demir, Yusuf Dural, Ahmet Selami Demir, Hüseyin Suat Öz and Muhammed ül Emin Bastın were released. In February the opinion of the General Directorate for Security on the question of whether or not the defendants might benefit from the Repentance Law reached the Court. The Directorate concluded that the applying 22 defendants were not entitled to benefit from Law 4959 on Re-Integration into Society. The opinion stated that Adnan Ersöz, Seyit Ertul and Seçkin Mandacı could not benefit because they were leading members. For 7 applicants it was stated that the information they gave was correct, but their action happened after the law had entered into forces. In the case of 11 defendants it was stated that the information they gave was not sufficient to dissolve or disclose the organization. During the hearing of 11 April the defendant Harun İlhan stated that he had been tortured in custody. Because of the pressure at the police and the prosecutor's office he had applied to benefit from the Repentance Law, but during the hearings he had realized that he had done wrong. Meanwhile it turned out that the defendants Sadettin Akdaş and Burhan Kuş were imprisoned in Abu Ghraib Prison in Iraq. In January they had sent letters to their families via the Red Cross. After the bomb attacks in İstanbul several suspects had gone to Iraq. Habib Akdaş had died in a clash and Azad Ekinci and Gürcan Baç died in suicidal attacks. On 27 June the public prosecutor summed up the case. He asked for life imprisonment for the defendants Harun İlhan, Fevzi Yitiz, Adnan Ersöz and Yusuf Polat according to Article 146 old TPC that was in favor of the defendants. The prosecutor demanded various prison terms for 36 defendants and wanted 31 defendants to be acquitted. In July it turned out that Sadettin Akdağ, Burhan Kuş, Abdülkadir Karakuş and Muhammet Tokaç had been apprehended in Iraq. The daily Milliyet reported that the news that they were at the hands of the US-forces had been confirmed semi-officially. During the hearing of 25 August defense lawyer Kazım Ayaydın acting for the defendant Yusuf Polat maintained that Al Quaida was indeed an information system established against the Soviet occupation of Afghanistan. Usame bin Laden had been given the task to keep the information and now it was handled as if the system was an organization. In April Abdurrahman Sarıoğlu, defense lawyer in the trial was indicted by the prosecutor in Beyoğlu because he insisted on standing, while the presiding judge had ordered him to sit down. On 6 June 2004 he had told the weekly Nokta that he preferred to stand rather to stand up and sit down in front of a secular system. The prosecutor wanted the lawyer to be convicted under Article 312 old TPC. Hilmi Tuğluoğlu and his wife Leyla launched a case for compensation after their acquittal had been confirmed. As suspects of the attacks they had been brought from Syria to Turkey. In September Ankara Heavy Penal Court No. 3 awarded Hilmi Tuğluoğlu 2,700 YTL and his wife Leyla Tuğluoğlu 1,550 YTL as compensation. Attack on the Free Mason Association: On 15 February İstanbul Heavy Penal Court No. 9 continued to hear the case in connection with the attack on the Association of Free Masons in İstanbul-Kartal on 9 March 2004. The file of Hakan Çalışkan on trial for the bomb attacks in November 2003 was combined with this trial. During the hearing the witnesses Ömer Aksu and Abdülkadir Dabbahoğlu identified the defendant Engin Vural. The defendant Birol Kayaalp was released. After the hearing of 13 May the defendants Murat Sözkesen and Mehmet Peçen were released. The trial did not conclude in 2005. The Sıvas Massacre: Several defendants in the trial on the incidents in Sıvas on 2 July 1993 that resulted in the death of 36 people applied to benefit from the Re-Integration Law. Ankara Heavy Penal Court No. 11 dealt with the applications, but did not reach a decision in 2005. On 8 February presiding judge Mehmet Orhan Karadeniz stated that Özkan Doğan had applied from France but had not forwarded his comments. For the defendants Tufan Caymaz, Ramazan Önder and Halis Duran, against whom arrest warrants existed, no further information had been received. The number of applicants from this trial was given as 56. Sadettin Temiz and his brother Ali Temiz, defendants in the trial, were caught in Sıvas on 12 February. Sadettin Temiz had been in pre-trial for four months and his brother Ali Temiz for 9 months. At the end of the trial Sadettin Temiz had been sentenced to 12 years and Ali Temiz life imprisonment. İbrahim Duran who had also been sentenced to life and Zekeriya Tekin who had been sentenced to 7.5 years' imprisonment were apprehended in Sıvas in March. Tufan Caymaz was detained at the international terminal of Atatürk Airport in İstanbul in April. Besides Tufan Caymaz the defendant Halis Duran was "discovered" in Tekirdağ F-type Prison No. 1 in September. In August the daily Hürriyet reported that the defendant Muhammed Nuh Kılıç who had been sentenced to 7.5 years' imprisonment was living in Germany. Turkey was looking for him with a red bulletin of Interpol. Hürriyet added that among 26 defendants against whom arrest warrants had been issued six were wanted with a red bulletin. Later it was reported that Germany had rejected the demand for extradition because of insufficient documents. The prosecutor Christine Hügel stated that she had found the demand from Turkey sufficient for an arrest, but the county court had a different opinion. Apparently the extradition demand had simply mentioned that Kılıç was wanted for participation in an illegal demonstration. On 5 September Hürriyet reported that the defendant Mehmet Yılmaz who had been sentenced to life imprisonment had been arrested in 2004 on the demand from Turkey. However, Turkey had not fulfilled the procedure and he had been released again. Klaus Böhm, spokesperson for Karlsruhe County Court said: "If Muhammed Nuh Kılıç is wanted for having participated in an illegal demonstration he will not be extradited. Last year we arrested Mehmet Yılmaz to be extradited to Turkey. The only offence shown in the papers was his participation in an illegal demonstration. We released him and no further demand came from Turkey. Turkey has to inform us on the concrete charges and the offences for which someone was convicted at which court and when. We also have to know how much time someone spent in prison." The trial on the Umut Operation: On 28 July Ankara Heavy Penal Court No. 11 concluded the trial against nine defendants charged with 22 action including the killings of Uğur Mumcu, Ahmet Taner Kışlalı, Bahriye Üçok and Muammer Aksoy. The Court sentenced Ferhan Özmen to life imprisonment according to Article 146/1 old TPC. Hasan Kılıç and Mehmet Ali Tekin were sentenced to 11.5 years' imprisonment as leading members of an armed gang. However, the Court responded positively to their demand to benefit from the Repentance Law and reduced the sentences to 6 years, 3 months' imprisonment. Mehmet Şahin, Fatih Aydın, Muzaffer Dağdeviren and Abdulhamit Çelik were sentenced to 3 years and 45 days' imprisonment for membership of an armed gang. The defendant Yusuf Karakuş was sentenced to 45 months' imprisonment, while Ekrem Baytap was sentenced to 15 years' imprisonment. Muzaffer Dağdeviren who had been released on 5 August was killed in İstanbul on 21 September. Reportedly people he wanted to blackmail killed him. Besides the Umut case Muzaffer Dağdeviren had also been accused in connection with the gang founded by Kürşat Yılmaz and Haluk Kırcı in Eskişehir Prison. The trial of Metin Kaplan: On 20 June İstanbul Heavy Penal Court No. 14 concluded the case against Metin Kaplan the leader of the radical Islamic organization "Union of Islamic Associations and Parishes" who had been extradited from Germany. The Court sentenced him to aggravated life imprisonment for the violent attempt to change the Constitutional order. The sentence was passed under Article 146 old TPC. On 30 November 2005 the 9th Chamber of the Court of Cassation quashed the verdict on formal grounds. It criticized that one judge had not signed one page of the verdict and asked for the complete file (or authenticated copies) of the trial in 1998. Finally, it ordered the lower court to compare old and new legislation, not only to find the provision with the more positive sentence for the defendant, but also to compare the provisions of further sanctions such as losing civil rights. One Hizbullah Trial: On 13 January Diyarbakır Heavy Penal Court No. 6 concluded the cases against Mehmet Fidancı charged for his alleged involvement in the killing of Diyarbakır Chief of Police, Gaffar Okkan, 5 police officers and 14 other persons at different dates. The Court sentenced him to life imprisonment. In June the 9th Chamber of the Court of Cassation quashed the verdict on grounds of insufficiency of documents. Another Hizbullah Trial: On 1 April Diyarbakır Heavy Penal Court No. 6 sentenced Kaan Aktaş, Mehmet Salih Aslan, Abdurrahim Haşimi Güneş, Hayrettin Demir, Abdurrahim Orhan, Şeyhmus Uğur, Sait Özbey, Adnan Aktaş, Mehmet Kadri Can, İbrahim Güler, Mehmet Şerif Bayındır, Zeki Şinego, Selami Sevim, Seyfettin Ağırman, Mehmet Ziya Gümüş, Hayrettin Şayık, Selman Dil, Ömer Saruhan, Mehmet Mahsun Demir, Mehmet Beşir Demir, Mahmut Avcı and Asım Şinego to imprisonment under Article 146 old TPC for their involvement in violent acts for the radical Islamic organization Hizbullah in Mardin, Batman and Şırnak including the killing of 91 persons. The Court separated the files of five defendants who had been minors at the time of the offences and sent the files to the juveniles' court. In the case of 18 defendants who were charged with supporting the organization the Court decided on the statute of limitation. Another Hizbullah Trial: In June the 9th Chamber of the Court of Cassation confirmed the life sentence for Zübeyir Timur passed at Konya SSC. Here Zübeyir Timur had been charged with the kidnapping of Konca Kuriş, the killing of Uğur Gökdemir, Erhan Terzioğlu, Mehmet Şerif Uprak, Bayram Ali Uprak, Hüseyin Bayburt, Ahmet Ekinci, Faik Oyunlu and Bülent Doğan in 1998 and 1999. Another Hizbullah Trial: On 24 November Ankara Heavy Penal Court No. 11 concluded a case against alleged members and supporters of the radical Islamic organization Hizbullah. The Court acquitted 32 defendants who had been charged with support of the organization. Among them 26 had asked to benefit from the Re-Integration Law. The defendants Şeyhmus Alpsoy and Mehmet Emin Alpsoy who in the first round had been sentenced to life imprisonment were sentenced to aggravated life imprisonment. Mustafa Gürlüer was sentenced to 9 years' imprisonment for membership of the organization. He was released considering the time he had spent in prison. Sadullah Arpa and Abdülsamet Yıldız were sentenced to 7.5 years' imprisonment (also for membership). The file of Abdurrahman Alpsoy who had not been apprehended was separated. Trial for Assassination of Jak Kamhi: On 14 October İstanbul Heavy Penal Court No. 11 concluded the case against Yaşar Polat and Kamil Aşkın charged for their involvement in the assassination attempt on businessman Jak Kamhi, chair of a foundation established by Jews. The Court sentenced the defendants to life imprisonment. For the same offence of 28 January 1993 Can Özbilen, Osman Erdemir and Ali Rıza Bayramçavuş had received the same sentence earlier. The Hizb-ut Tahrir Trial: On 9 March Ankara Heavy Penal Court No. 11 started to hear the case of Serdar Kaya who had been detained when he gave a leaflet of the Islamic organization Hizb-ut Tahrir to Prime Minister Recep Tayyip Erdoğan. On question of the presiding judge Orhan Karadeniz the defendant stated to be a member of Hizb-ut Tahrir and that he distributed leaflets for the organization. The next answer he started with quoting the formula of Allah and the judge ordered him to leave the courtroom. Now spectators in the courtroom started to quote the formula. The judge ordered the women and elderly men to leave the room. The remaining 42 persons were detained in the court room. The prosecutor released 34 of them. Bilal Çolak, Zeki Çolak, Serdar Halıcı, İsa Çınar, Hüseyin Şahin, İsmail Şen, Murat Özbin and the defendant Serdar Kaya were taken to the anti-terror department at Ankara Police HQ for questioning. Another Hizb-ut Tahrir Trial: On 30 December İstanbul Heavy Penal Court No. 10 heard the case of 26 defendants, 20 of them in pre-trial detention, charged with membership of the Islamic organization Hizb-ut Tahrir. The alleged leader of the organization in Turkey, Yılmaz Çelik said that their action should be regarded as "crimes of thought". He stated that Abdulmelik Fırat, chair of the political party Hak-Par had asked for a federal Kurdish State and that had been interpreted within freedom of expression. Likewise the demand of a Khalif State should also be regarded as the expression of an opinion. The Court rejected the demand for release of 19 defendants and adjourned the hearing to a later date. The Trial of the Egyptian Bazaar: The case at İstanbul Heavy Penal Court No. 12 against 15 people charged in connection with the explosion in the Egyptian Bazaar in Eminönü-İstanbul on 9 July 1998 that had resulted in the death of 7 and injuries of 120 people did not conclude in 2005. After the hearing of 25 May the defendant Kadriye Kübra Sevgi who had asked to benefit from the Re-Integration Law was released. In April İstanbul Administrative Court No. 6 awarded Levent Sevil who had been injured during the incident 90,000 YTL. The Blue Bazaar Trial: The trial against Ergin Atabay, Abdullah Günay, Azime Işık and Metin Yamalak charged in connection with the throwing of Molotov cocktails into the Blue Bazaar in İstanbul-Göztepe on 13 March 1999 that had resulted in the death of 13 people did also not conclude in 2005. In July Kadıköy Judicial Court No. 6 awarded the family of Ümit Ayyürek who had been killed in the incident compensation of 101,304 YTL. The administration of the Blue Bazaar appealed against the decision, while the family of the owner İbrahim Taşlı who had been killed in the incident asked for compensation under the Law to Compensate Damages as a result of Terror. Assassination of Sabancı: The Supreme Administrative Court (Danıştay) decided on compensation to be paid to the family of Nilgün Hasefe who had been killed in 1996 during the assassination of Özdemir Sabancı and Haluk Görgün. Meanwhile the court case against the alleged leader of the DHKP/C, Ercan Kartal charged with having ordered the assassination continued throughout 2005. One DHKP-C Trial: On 25 February İstanbul Heavy Penal Court No. 11 continued to hear the case of İnan Gök, Nadir Akgül, Bülent Kemal Yıldırım and Muharrem Cengiz charged with a bomb attack on a car with prosecutor at İstanbul SSC in the name of the DHKP-C. The attack was conducted on 3 June 2003. After the hearing Nadir Akgül and Muharrem Cengiz were released. The trial did not conclude in 2005. Another DHKP-C trial: Throughout the year İstanbul Heavy Penal Court No. 12 continued to hear the case of meanwhile 73 defendants most of which had been detained in April 2004 in offices of journals and legal associations alleged to be affiliated to DHKP/C. On 16 May the defendants Mustafa Erol, Münevver Köz, Orhan Eski, Sema Koç, Tigin Öztürk, Aynur Karaaslan, Nihat Özcan, Mehmet Doğan, Kudret Sarıgül and Ali Aracı were released. During the hearing of 7 October the defense presented its views in a PowerPoint presentation of 2 hours. The lawyers alleged that most of the evidence had been "produced" by the police, for instance, the tapped mobile telephone had been in the hands of the police at the time in question. They asked for the release of the defendants in pre-trial detention. The Court ordered the release of Ali Kaya and Ali Uludağ, but prolonged the detention of Sadi Naci Özpolat, Gülizar Kesici, Metin Yavuz, Perihan Demirkıran, Zeliha Koyupınar and Mehmet Yayla. The hearing was adjourned to 6 February 2006. Devrimci Sol Trial: On 11 April Üsküdar Heavy Penal Court No. 1 started to hear against the case of 1243 defendants whose trial on charges of actions for "Devrimci Sol" (Revolutionary Left) had started at İstanbul Military Court No. 2 in 1981. The prosecutor asked for life imprisonment for 163 defendants including Dursun Karataş, Hüseyin Solgun and Murat Karabulut for the violent attempt to overthrow the Constitutional order. For the other defendants the prosecutor pleaded for lapse of time. Defense lawyer Nebi Barlas felt surprised that a civilian prosecutor asked for heavier sentences than the military prosecutor. Lawyer Taylan Tanay said that the indictment was not serious since life imprisonment had been demanded for defendants who were not alive any more. Another hearing was held on 21 September. Defendant Burhan Kızılgedik stated that he had heard that many files had been lost and burned in an operation on Ümraniye Prison. On the other hand, sack 19 filled with documents which the Court of Cassation had claimed to be lost was said to have been found. The trial did not conclude in 2005. In 1991 the military court had sentenced many defendants to terms ranging from 33 months to life imprisonment. After Üsküdar Heavy Penal Court No. 1 had taken over the case some 100 of 400 folders were reported to be "lost". Accordingly the Court of Cassation had quashed the verdict. Allegedly the "lost" folders were found in December 2004 so that the case started again. Another Devrimci Sol Trial: The 9th Chamber of the Court of Cassation quashed the sentences of Erkan Koç, Abdurrahman Kaykan, İbrahim Döğüş, Özden Bilgin, Erol Çam, Dursun Bütüner, İsmail Yiğit, Yeşim Taciroğlu, Perihan Sürücü, Alişan Yalçın, Rıza Demirel and Caferi Sadık Gökçe on the grounds of insufficient investigation. For the remaining defendants the Court of Cassation voted for approval either of acquittal or decisions on lapse of time. On 18 December 2003 İstanbul SSC had concluded the case against 31 persons charged with "membership of Devrimci Sol, killing 16 persons, 13 of them police officers, and conducting various actions between 1991 and 1993". The court had sentenced Erkan Koç to aggravated life imprisonment according to Article 146/1 TPC, Özden Bilgin, Erol Çam, Dursun Bütüner, İsmail Yiğit and Yeşim Taciroğlu to life imprisonment according to the same article. The latter may benefit from the Law on Execution of Sentences. Abdurrahman Kayhan and Perihan Sürücü were sentenced to 20 years' and 6 months' imprisonment under Article 168/1 TPC and İbrahim Döğüş, Alişan Yalçın, Cemalettin Erdemli, Rıza Demirel and Cafer Sadık Gökçen were sentenced to 12 years' and 4 months' imprisonment under Article 168/2 TPC. Ali Ekber Pamuk was sentenced to 8 years' and 4 months' imprisonment under the same provision. Kemal Mete Sözen, Talat Ünlü and Emrah Pamuk were acquitted whereas the cases against Fethiye Yalçın, İsmail Kulak, Mehmet Emin Yıldırım, Ercan Yeşil, Hacı Güler, Zeki Tanrıverdi, Erdoğan Aktaş, Mehmet Kulak, Kasım Kulak and Yusuf Büyükdağ were dropped because of lapse of time. The files of Hasan Dinler and Harun Kartal were separated on the grounds that their testimonies were not recorded during the trial. Another Devrimci Sol Trial: On 29 December İstanbul Heavy Penal Court No. 9 continued to hear the case of Yasemin Okuyucu, Metin Dikme and Bayram Kaya charged with activities for Devrimci Sol (DHKP-C) including the killing of Yaşar Günaydın (prosecutor at İstanbul SSC), the police officer Şaban Ceylan protecting him and the driver Halis Balta on 6 February 1992 and the retired general Adnan Ersöz on 13 October 1991. The Court ordered the release of the defendants. On 26 September 2003 İstanbul SSC had sentenced the defendants to life imprisonment under Article 146/1 TPC. The Court of Cassation had quashed the verdict in 2004. The Devrimci Yol Trial: On 23 June Ankara Heavy Penal Court No. 6 continued to hear the Devrimci Yol (Revolutionary Path) case that had started at Ankara Military Court No. 1 in 1982. The dispute on "lost" folders continued. Reportedly 740 folders should exist but at the Court of Cassation only 460 folders were available for inspection. The trial did not conclude in 2005. Sarp Kuray's Trial: On 29 December İstanbul Heavy Penal Court No. 9 concluded the trial against Sarp Kuray, one of the leading figures of the "68 generation". He had been charged with founding the "16 June Movement". The Court ruled that Sarp Kuray had ordered some 30 actions of killing and bombing between 1986 and 1990 and sentenced him to life imprisonment. In the first round İstanbul SSC had argued that he surrendered and since he provided information on the organization should not be punished under Article 170 TPC. The 9th Chamber of the Court of Cassation had quashed the verdict and in the second round Sarp Kuray had been sentenced to 12 years' imprisonment. This verdict, too, had been quashed and after the last trial Sarp Kuray had been sentenced to 12.5 years' imprisonment. The 9th Chamber of the Court of Cassation had argued that he had to be sentenced according to Article 146 and not 168 TPC and, accordingly, the verdict of December sentenced him to life imprisonment. Sarp Kuray had returned to Turkey in 1993 and had been released after two months in prison. The Kemal Türkler Trial: In May the Court of Cassation quashed the acquittal of Ünal Osmanağaoğlu charged for the killing of DİSK chairman Kemal Türkler in İstanbul-Merter on 22 July 1980. On 20 June the retrial started at Bakırköy Heavy Penal Court No. 2. Rasim Öz, the lawyer of the Türkler family demanded to follow the verdict of the Court of Cassation while the defense argued that the court should stick to the original verdict of acquittal because of "lack of evidence". The Court of Cassation had argued that the situation of other suspects in the killing, Abdülsamet Karakuş, Aydın Eryılmaz, Celal Adan, İsmet Koçak and İsmail Aydın Esi had not been taken into account. The trial did not conclude in 2005. Civilian Clashes Esat Atmaca: Unknown person knifed Esat Atmaca (22) to death in Gazi quarter (İstanbul) on 8 April. In the incident Cemal Baykıran and Mustafa Doğan were injured. Esat Atmaca was known for being close to the leftist "Front of Rights and Freedoms". The elder brother Esat Atmaca stated that they had been on their way home when a group of people had approached them and seemingly to be drunk they had immediately knifed his brother without saying anything. He added that the same people, presumably members of the MHP protected by the police, had tried to stop him and take possession of his car. The father Bayram Atmaca added that the same group had attacked him as well. He said that these people were living in the same quarter and he could identify them. In the night of the incident Molotov cocktails were thrown into the café of Yaşar Güler, father of Kabil Güler said to have been involved in the killing. Kabil Güler reportedly had a criminal record of unauthorized possession of arms, kidnapping and robbery. Abuzer Cihan, living in the quarters, stated that the family of Esat Atmaca had not attacked the café. There were groups who tried to bring back the days of an old conflict. Kabil Güler (35), Ali Subaşı (23), Sinan Yavuz (23) and Adem Yılmaz were arrested on 12 April in connection with the killing. Levent Çenbeli (Soldier): The gendarmerie intervened when on 6 May students at Kocaeli University wanted to commemorate the death of student leaders Deniz Gezmiş, Hüseyin İnan and Yusuf Aslan. The students had shown posters of Gezmiş, Aslan and İnan during a concert of the spring festival and on a construction site opposite the concert banners with İbrahim Kaypakkaya, Mahir Çayan and Deniz Gezmiş had been put up. Here the gendarmerie detained four people. Students blocked the construction site and demanded the release of their fellow students. When the soldiers beat the detainees some students started to throw stones at them. The soldiers responded by shooting into the air. One bullet hit Çağlayan Bozacı and another bullet wounded the soldier Levent Çenbeli. The detained students were named as: Nazım Oklar, Haydar Yıldırım, Çağlayan Bozacı, Doğan Göç, Mehmet Kızılkurt, Özcan İlter, Özer Şenver Kalafat and Kuzey Boy. Levent Çenbeli died in Gülhane Military Hospital on 10 May. Subsequently arrest warrants were issued for Çağlayan Bozacı, Özcan İlter and Kuzey Boy who had been released earlier. In connection with the incident 32 students and one soldier were indicted. On 22 June Kocaeli Penal Court started to hear the case. The arrest warrants were lifted. The students are charged with resistance against officials and the soldier O.K. is charged with causing the death of Levent Çenbeli because of carelessness. Abdulrezak Özdemir: On 6 September seasonal workers in Kartavuk village of Akçakoca district (Düzce) had a fight during which Abdulrezak Özdemir died. Village headman İdris Post stated that the fight broke out when some workers from east and southeastern Turkey shouted slogans in favor of the PKK. The daily Özgür Gündem claimed that right-wingers attacked the workers and one of them fired at them killing A. Özdemir who was registered in Beytüşşebap district (Şırnak). The women Şükran Yiğit was injured (also see the chapter on the Kurdish question). Ömer Gürsoy: The police officer Ömer Gürsoy died during an armed attack on a police car in Bağlarbaşı quarter (Urfa) on 17 September. Two police officers including Murat Celen were injured. The police officers in question had been on duty to protect the Akdağ family in a quarrel about landownership with the Akkuş family. Yusuf Bayır, Yemlihan Bayır, Abuzer Mollaoğlu, Resul Çavuş, Serhat Mollaoğlu: In Solhan district (Bingöl) two families clashed in the night of 12 October resulting in the death of five people. The dispute had started during the local elections on 28 March 2004. In the fight Yusuf Bayır, Yemlihan Bayır, Abuzer Mollaoğlu, Resul Çavuş and Serhat Mollaoğlu died. Mayor Niyazi Çavuşoğlu (DYP) and 12 people were injured. Behçet Karadağ, Nihat Karadağ and Mahmut Karadağ were detained in connection with the incident. The Trabzon Event: On 6 April Zeynep Ertuğrul, Nurgül Acar, Emre Batur and İhsan Özdil distributed leaflets in Trabzon. They were attacked by a crowd. Reportedly police officers first tried to prevent the distribution of leaflets. When Zeynep Ertuğrul, local representative of the journal "Labor and Justice" refused to hand over the leaflets the crowd attacked them. The four persons tried to run away. At the same times rumors emerged that the four had set a flag on fire. Therefore, the crowd beat them up. Finally the police put them in an armored vehicle and took them to Trabzon Police HQ. The attacked persons were arrested on 7 April on charges of having resisted officials, distributed leaflets without permission and having provoked the people. On objection of their lawyers they were released on 13 April. On that day Nurgül Acar, İhsan Özdil, Zeynep Ertuğrul, Emrah Bakır and Çetin Güven held a press conference at the HRA in Trabzon. Zeynep Ertuğrul alleged that police officers had beaten them in detention and in prison the guardians had incited fellow prisoners against them. On 8 April a press conference was held at the headquarters of the HRA in Ankara. Besides the chair Yusuf Alataş, SG of the HRFT, Sedat Aslantaş, Mazlum Der chair Ayhan Bilgen, Levent Korkut, representative of Amnesty International in Turkey, Bülent Atamer from the Helsinki Citizens' Assembly and the trade unionist Sami Evren were present. Yusuf Alataş criticized that none of the aggressors had been detained. He also criticized the Prime Minister who had called the action of the people "their sensitivity" and thus encouraged similar acts. In Trabzon itself ÖDP chair Ali Külüğ accused the local TV station "Trabzon TV" of provocation. The station had broadcasted live for 2 to 3 hours and presented subtitles of "PKK flags have been put up". On 10 April members of TAYAD, Eğitim-Sen and KESK (HRA as observers) wanted to hold a public press conference to protest the situation. The group was attacked again and had to flee in the side streets. Some hid in the offices of KESK and HRA. Although Trabzon Chief of Police, Ramazan Akyürek, tried to calm the crowd it did not disperse for some time. Fahrettin Keskin alleged that police officers had conversed with the attackers. Trade unionist Osman Sungur said that a pensioned teacher provoked the crowd and that the police came after the incident. On 12 April a group distributed leaflets in Adapazarı in protest at the attack on TAYAD members in Trabzon. The group was attacked and took refuges in the post office. Later the police brought them away. The Human Rights Research Commission in the GNAT sent three deputies and one expert to Trabzon to investigate the incident. Still in April the High Council for Radio and TV warned several TV stations in Trabzon not to incite to violence in their programs. In May the public prosecutor in Trabzon finished his investigation of the lynch attempt of some 2,000 people. He indicted 15 people separately. In the first case at Trabzon Penal Court No. 2 Fatih Koç, Fatih Usta, Hakkı Usta, İlyas Aktaş, İsmail Danışmaz, Muhsin Tokmak, Seykan Gülen, Erkan Kayan, Metin Kazancı, Evren Uğur and Gökhan Karagöz were charged with slight bodily harm and resistance to officials. The second trial in connection with the incident on 10 April Ali Ulusal (provocateur), Suat Çebi, Alper Bekar and Yusuf Oskay are on trial. The trial against the victims started at Trabzon Penal Court No. 1 on 23 June. The defendants accused the police of having provoked the incident. Zeynep Ertuğrul stated that she had been at the scene as a journalist and the co-defendants had distributed the special edition of "Labor and Justice". They had done this at different places so that there had been no demonstration. Police officers had come and their words "How can we know that you are not from the PKK?" had provoked the people around. A person named Ergün Kara had pointed at her and accused her of belonging to the PKK. He also had hit her twice into her face. There had been civilian dressed police officers, but they had not intervened. The intervention had come from the traffic police. The hearing was adjourned to 9 September. On 21 July Trabzon Penal Court No. 2 started to hear the case of 11 people charged in connection with the first attack. Defendant İlyas Aktaş stated that he had been among the crowd, but had not attacked anyone. The other defendants made similar statement. The Court decided to combine the two trials on the attacks of 7 and 10 April. The case did not conclude in 2005. Lynch Attempt in Rize: On 2 November 15 TAYAD members went from Hopa district (Artvin) to Rize to commemorate the death of the sisters who had died during the death fast action in İstanbul-Küçükarmutlu Canan Kulaksız (on 15 April 2001) and Zehra Kulaksız (on 29 June 2001) with a visit to their graves were attacked by a group of right-wingers. During the first attack the police did not intervene. In Atmeydanı quarter a second attack followed and the group could hardly escape before police officers took them to the city center. While the police maintained that they would be taken out of town a third attack followed at Cumhuriyet Square where a group of 300 people stopped the minibus. The crowd broke the window and beat the TAYAD members. The police dispersed the crowd by shooting in the air. Finally the attacked person could be taken out of town. Zeynep Ertuğrul who had been among the attacked TAYAD members stated that there had been no other intentions than the visit of the graves. No banners had been unfolded and no press conference had been held. Civilian dressed police officers had demanded that they leave the town; otherwise they would arrange that the people beat them up. On return from the graves the police had tried to provoke the people claiming that they were members of the PKK. But except for an organized group no person from the population had followed the provocation. The police had stopped them at 8 different places and at each place stones had been thrown at them. Rize Governor Enver Salihoğlu maintained that the TAYAD members had provoked the people, but the intervention of the police had prevented more serious incidents. Later a group of members of the Front for Rights and Freedoms filed an official complaint against Rize Mayor Halil Bakırcı and several police officers. Allegedly the mayor had said that had he known who the people were he had hit them himself. Abdülkadir Kart, deputy for the AKP in Rize reportedly said that the group had learned its lesson and would not come back to Rize. A similar incident happened in Samsun on 13 December. Four people distributing the journal of the Federation of Association for Basic Rights and Freedoms were attacked. The group said that a minibus with 15 people had come and had beaten them. Further Incidents In August Interior Minister Abdülkadir Aksu answered a question tabled by CHP Ankara deputy Zekeriya Akıncı stating that in the educational year 2004-2005 a total of 460 incidents had happened. In the incidents 30 civilians and 45 security officers had been injured and a total of 668 people had been detained. On 5 January Sedat Erol, student at Konya Selçuklu University was attacked by right-wingers. Some 10 people attacked him and injured him with a knife. Sedat Erol had to be taken to hospital. In connection with the incident Savaş Karaca and a person with the first name of Kürşad were detained. Sedat Erol had named Üzeyir Taha İşcam as the aggressor. On 10 March a huge crowd of right-wingers attacked left-wing students at Çukurova University (Adana). The student Davut Adlı was injured. Nedim Değirmenci, former ÇHD chair and board member of İzmir Bar Association as attacked by right-wingers on 24 March. Allegedly Değirmenci had torn down a poster with a Turkish flag in an Internet-Café and, therefore, 10 to 15 people beat him with iron sticks. Değirmenci had a broken chin and teeth and had to be taken to hospital. On 24 March a fight broke out between students of the TKP and right-wingers at Marmara University. Four students including one from the TKP were injured. Reports from Bursa indicated that the DEHAP member Uğur Öğredik was tortured by members of the Nizam-ı Alem Union because he had participated in activities of DEHAP. His father Mehmet Öğredik complained to the HRA and complained that first seven people from the Nizam-ı Alem Union had beaten his son in a café. Later their boss Sait Ali Uğar had come and they had taken his son to the offices of the union. Uğur Öğredik said: "They were 15 people. They grabbed my arms and hit me on my eyes. I was not allowed to speak. They beat and when they had washed way the blood they beat me again." The aggressor had taken him to Orhangazi State Hospital after three hours. At the hospital he was given a report certifying 10 days' inability to work. Lawyer Deniz Büyük later stated that in connection with the incident İ.E., İ.Ç. and B.B. had been indicted fro causing bodily harm. On 11 April a group of right-wingers attacked left-wing students who were distributing leaflets at Sıvas Cumhuriyet University. The security forces intervened and detained 48 students including 13 right-wingers. Among them 18 students were later arrested. The EMEP members Erhan Batga and Hüseyin Kıyak alleged that they had been tortured in the offices of Güneşli Idealists' Union in İstanbul on 16 April. A group of MHP members had taken them there and beaten them. The police had come and rescued them. In connection with the incident six people were detained. Among the detainees Serhat Alkaç was arrested on 18 April. Bayram Yıldırım, Ümit Sevindik and Tahir Çimen were released. On 23 April right-wingers beat the student Mehmet Emin Özyalçın from Gazi University. He reported: "When I left school I saw some people at the door and became suspicious. I went upstairs to the İhsan Küreli from the teachers' staff. I asked him to accompany me, otherwise I would not be safe. Just when I wanted to leave the room the 15 people stormed in and beat me up. When the teacher intervened they ran away." Özyalçın received a medical report certifying three days' sick leave and filed an official complaint. On 24 April students from the 9 September University wanted to put up posters for the 1st of May. They were attacked by right-wingers. Later plain clothes detectives and finally a growing crowd also attacked them. One of the victims, Atilla Sultan said: "The tension because of the posters was going down when at the entrance to the campus the police and special security forces gathered. We wanted to know whether the friends insides needed anything, when six to seven officers moved towards. Stones were thrown at them and they drew their arms. But when they saw the crowd they retreated. Inside the campus the attacks of fascists continued for a while. When we left school we were followed by a civilian car. We saw that right-wingers beat our friend Emre Zencir in a side street and went to rescue him. At this moment a police officer pointed a gun to my temple and forced me to lie down. Four police officers beat me with belts and sticks. They dragged me by my hair over the ground for some 50 meters. Close to the union of idealists' the police officers tried to provoke the people around saying that I had burned a flag and they should kill me. I was beaten for half an hour. Uniformed police officers came but did not intervene. Later I was taken to Buca State Hospital and was given a medical report." The woman Nurhan Gıram (47) became blind when a gas bomb thrown by police officers during a quarrel in İstanbul-Sarıyer in April hit her eyes. She said: "There were some fights between the destruction team and the inhabitants of the slums (gecekondus) whose houses they wanted to tear down. I went to get the cows that I had left outside. I was hit by a gas bomb and fell to the ground. Friends took me to İstinye State Hospital. Now I'm blind on my left eye and have difficulties to see with my right eye." At the beginning of May right-wingers attacked left-wing and Kurdish students in Manisa. According to a report in the daily Özgür Gündem the student with the first name of Ali Rıza was taken to the building of the Idealists' Union and threatened on 6 May. On 2 May the students Cenk Başkurt and Osman Sezer had been attacked by a group of 20 to 25 persons. On 4 May Hamza Sin and Hüseyin Şahinkoç had been beaten heavily. The fights continued and later the police raided a café where the students were. Hüseyin Siyahkoç, Hamza Sin, Cenk Başkurt, Osman Sezer and the right-wingers İlyas Çelik and Serkan Mert were detained. On 5 May right-wingers beat the student Yusuf Solmaz. In the evening the right-wingers entered two flats with Kurdish students and beat five of them up. On 6 May right-wingers beat the students Naif Şahin and Murat Ekmen from the Technical University in Giresun. Reportedly three right-wingers were detained. The gendarmerie intervened when students at the 100 Year University in Van wanted to hold the Spring Festival. The students resisted when the gendarmerie wanted to detain some of them at Van Lake. Some 60 students were detained and the reporter Sıddık Güler (DHA) was beaten. On 10 May fights arose between students from the TKP and the Independent Youth Movement (BAGEH). The BAGEH students protested that the TKP wanted to use the word patriotic in a new form of organization. The gendarmerie intervened but did not act when the students left the campus. Many of the students were injured until the Anti-Riot Squad arrived. During the spring festival at the Pamukkale University in Denizli right-wingers attacked students from the Socialist Democracy Party (SDP) on 20 May. During the fight five left-wing students, one security officer and three right-wingers were injured. Eight people were detained. On 23 May right-wingers attacked left-wingers again resulting in injuries to 10 students. One of them was named as İlkay Şimşek. On 24 May right-wingers attacked Kurdish students at the Industrial Profession Lyceum in Denizli. A student with the first name of Ender was injured with a knife. Three other students were injured, too. Reportedly the police detained two people among the attackers. On 25 May eight people were attacked by right-wingers, when they left the office of the SDP. The student Gürkan Çelik and the right-winger Muhammet Tekin were injured. The police detained 12 people, most of them members of the SDP. On 27 May one right-wing student and the student Umut Göllü (5) were arrested. On 25 May right-wingers attacked left-wing students in a students' hostel in İstanbul-Altunizade. They injured Hamdullah Bayram with a hatchet. On 1 June right-wingers attacked left-wing students at Atatürk University in Erzincan. Five students were injured with sticks and hatchets. In the evening of 2 June the police separated two quarreling groups in front of the faculty. Left-wing students staged a demonstration and the police used pepper gas and beat them in order to disperse the crowd. Allegedly the police did not intervene in group of right-winger strolling around with sticks. On 14 June a fight broke out at Ankara University when three right-wing students threatened left-wingers with knives. Kamil Ortakçı was injured with a knife and Mehmet Baran was hit at his head with a stone. Reportedly one student was detained. Two days later right-wingers attacked left wing-students. In the fight the left-wing students Göçmen Us, Bahtiyar Tuncer and Kiper Birol were injured. Reportedly Mehmet Çetin had been among the attackers. He had been detained after injuring Kamil Ortakçı but had been released shortly afterwards. Members of the Beautification Association (BA) in 1 May (Mustafa Kemal) quarter in Ümraniye district (İstanbul) were attacked by right-wingers in the nights of 13 July. Ali Haydar Saygılı (ESP), Yoldaş Akat (BA) and Ümit Aslan (BA) were injured with firearms. The journal Atılım claimed that the attackers had been organized by dealers of hashish. On 15 July fights broke out when 44 houses in the slum of Kurtköy quarter in Pendik district should be destroyed. Five people were injured and 20 people were detained. The gendarmerie used tear gas to break the resistance. The names of the injured persons were given as Hüsniye Yıldız, Celal Tekin, Şefika Tekin, and two with the first names of Ali and Ferhat. On 22 July protest meetings were held against the destruction of houses in İstanbul Alibeyköy-Güzeltepe. The police tried to disperse a crowd of 150 people who had erected a barricade in Yenibayır Street. A similar incident happened on 28 July. A crowd had gathered because the municipality had not provided accommodation for the tenants in the buildings to be destroyed. The police used gas bombs and detained five people. Two of them were named as Leyla Güzel and Telli Yön (65). A person with the first name of İsmail suffered a heart attack and had to be taken to hospital. FESK announced that bombs had been thrown into the municipalities of Pendik and Kağıthane on 29 July in protest at the destructions. On 2 August fights broke out during the attempt to destroy houses in a military compound and the forests in Tokatköy quarter (İstanbul-Beykoz). The police dispersed the crowd that had blocked the road with lorries and detained 20 people. Reportedly the police beat the reporter Bülent Aydoğdu (Vatan) and Gökhan Karakaş (Milliyet). On 11 July an armed attack was conducted on the headquarters of the BBP in Ankara. Some 20 to 25 people broke the windows and shot. They fled when the police officers and security personnel in the building shot into the air. On 24 July the families Aslan and Yıldırım clashed in Tepeüstü village in Nusaybin district (Mardin) because of the local elections. Reportedly the fight started among the children and later the adults got involved. In the fight Hüseyin Aykut, Veysi Aykut (18), Muzaffer Çelik (18), Kübra Dağ (18), Tarık Yıldız (17), Şükrü Karagün (69), Ishak Demir (17), Şeyhmus Akal (12), Emine Yıldırım (64), Süleyman Yıldırım and Ecevit Yıldırım were injured with firearms. Member of the Idealists' Union in Sarıyer attacked people waiting in front of the courthouse in İstanbul to observe a trial against DHKP/C on 26 July. Musa Keser, journalist of Milliyet, was beaten by the right-wingers. Dursun Karabacak, chair of Sarıyer Idealists' Union, was detained but released shortly afterwards. Following the funeral of Sergeant Kemal Etiler in Bursa on 4 August the DEHAP offices and Kurdish street vendors were attacked. Kemal Etiler had been killed in a clash near Uludere district (Şırnak) on 3 August. On 5 August an armed attack was carried out on the house of DEHAP member Ubeydullah Sayılgan in Fevzi Dere quarter in Bursa. He said that a crowd of some 50 people had gathered in front of his house and had fired five shots to frighten them. They had called the police but nobody came although the aggression continued until 2am. Some 20 MHP member attacked Yusuf Ocak (18), Murat Keskin (19) and İlhan Doğan (23) in Sultançiftliği quarter (İstanbul-Gaziosmanpaşa) on 7 August. In reaction a huge crowd gathered in front of the MHP building and demanded that the attackers were handed over to them. The crowd threw stones at the building but the police dispersed them with gas bombs. In Gönen district (Balıkesir) workers who had been sacked because of joining the trade union Deri-İş were attacked. About 34 workers had been waiting in front of the factory for 50 days. On 31 August the employer threatened them and the workers filed an official complaint against him. Later the "men" of the employer and the workers clashed. In the evening the employer's men shot at the workers and injured Hamit Kökçü to his head. On 6 September right-wingers attacked the exhibition of "50 Years – The events of 6 and 7 September" organized by the History Foundation, the Helsinki Citizens' Assembly and the Helsinki Foundation of Human Settlements. They destroyed various photographs and threw eggs. The police detained the attackers. Three of them were released the same day. The Foundation of Education and Culture of the Idealists' Union declared that the Idealists' Union was not responsible for the attack. On 9 September protesters of a building of the municipality in Abdullah Baştürk Democracy Park in Esenyurt quarter (İstanbul) and AKP members clashed. Some 500 people protested the initiative. Deputy Mayor Gürbüz Süleymanoğlu hit a woman and kicked at those why tried to prevent him. After the gendarmerie controlled the situation Esenyurt Mayor Necmi Kadıoğlu reportedly sad that women should stay at home and not protest. He was the mayor and could do whatever he wanted to do. During the fight some 15 people were injured. Fahri Atabay from the Cooperative in Esenyurt had a broken arm. During fight of two right-wing groups at Ankara Gazi University on 24 October seven people were injured. There names were given as: Kaan Y., Mükremin K., Utku Y., Muhammet O., Yılmaz E., Bahri K. and Çağdaş G. İsmail G. was detained in connection with the incident. On 26 October right-wingers attacked students at Ankara Gazi University who did not fast. Seven students were injured. The following day some 500 students gathered to protest the Law on Higher Education. The police dispersed them under force while students threw stones at them. No detentions were made. On 1 November İzmir HRA conducted a press conference for the student Cüneyt Bıyıksız from the 9 September University. He stated that 12 members of Buca Idealists' Union hat attacked him on 27 October. He was able to run away. Kamil Ağaoğlu, executive of the HRA, said that they identified the attackers and filed an official complaint. On 13 November students of Muğla University protested the Şemdinli events (see the Kurdish Question). They were attacked by a group of right-wingers. The police intervened and prevented further fights. The following day right and left-wing students clashed outside university. About 20 students were injured. The police detained 45 people. On the same day left-wing students held a press conference in town in protest at the attack of right-wingers. The police detained eight students. On 30 November workers from a leather factory in Tuzla (İstanbul) who staged a protest at the entrance of the factory that had dismissed them were attacked. Some 40 people attacked them with sticks and stones and injured five people. After the incident the gendarmerie detained 19 workers from the trade union Deri-İş. On 1 December a crowd attempted to lynch three juveniles in Selçuklu district (Konya). The incident happened when a bag was found in front of a PC shop and the owner suspected that a bomb might be in it. He called experts and over security cameras three juveniles had been identified claimed to be the attackers. While the police tried to detain Orhan Veli Özdemir (18), Sadık Kabal (25) and Ercan Uyutucu (21) the crowd tried to lynch them. The expert detonated the bag that only contained paper. The juveniles were detained but released by the prosecutor. On 8 December right-wing students attacked an unnamed student from a students' hostel in Tekirdağ. The student was injured with a knife. On 11 December MHP members attacked O.T. from Muğla University. They suspected him of speaking Kurdish although he had spoken Arabic with his friends. After the incident some students threw stones at the office of the Idealists' Union. The police detained 13 students. They were released the next day. At Thrace University right-winger attacked the students Emin Uysal, Gökhan Bilmez and Erdal Ateş Sönmez because they listened to Kurdish music. Uysal and Bilmez were slightly injured. Nobody was detained. On 13 December right-wingers attacked left-wing students at Euphrates University in Elazığ when they distributed leaflets. The students Kürşat Taşkın and Serkan Öz were injured with knives. On 14 December students at İstanbul University struggled with police officers who made an ID check at the entrance. Fourteen students were detained. On 20 December right-winger attacked students at Kocatepe University in Uşak because they sang Kurdish songs. Mehmet Ali Eren, Ferhat Akkaya and the right-wing student Metin Göl were injured. The police detained 15 people. Eleven of them were released the next day. On 21 December right-wingers attacked left-wing students at İstanbul University. The right-wingers reportedly carried arms. The police detained seven left-wing students. Developments in "Old" Cases Kenan Güneş: The trial against Serdar Baş, known as the leader of right-winger at Kırıkkale University, charged in connection with the killing of Kenan Güneş on 27 September 2004 continued in 2005. The defense complained that the witnesses Resul Eroğlu, Süleyman Akyıldırım and Hacı Murat Tok had given false testimony. The court instructed the prosecution to investigate this claim. The public prosecutor in İstanbul indicted 47 left-wing students, seven of them in pre-trial detention and 14 right-wing students, one of them in pre-trial detention in connection with fights in November and December 2004. The students were accused of hindering the lessons, causing damage to public property and resisting officials. Defense lawyer Olcay Yanar stated that the indictment was copied from the minutes of the police. The prosecutor had not investigated the incident. The first hearing was held at İstanbul Heavy Penal Court No. 1 on 4 February. The arrest warrants were lifted and the hearing was adjourned to 13 May. No further development was reported in 2005. On complaint of the right-wing students İsmail Oğuz Başağa and Abdurrahman Özkümüş 12 left-wing students from Ankara University who had been attacked on 4 December 2004 because they did not fast were indicted. The trial started at Ankara Penal Court No. 6 on 1 February. The defendants Cihan Baykal, Berkan Kayacan, Fırat Belen, Kamil Ortakçı, Önder Keleş, Özgü Dinler, Şevket Murat Dünşen, Kubilay Han, Cemal Keskin, Hasan Yapıcı, Ömür Demirel and İnan Kaya stated that they had not participated in the fight. The hearing was adjourned to 17 March. No further developments were reported in 2005. Footnotes: 1. Since the State Security Courts (SSC) were replaced by Heavy Penal Courts (since 1 June 2005 authorized under Article 250 of the Criminal Procedure Code) the prosecutor's offices at a SSC carry the same name as the office of the prosecutor for ordinary crimes, but for offences that have to be tried at a court authorized under Article 250 TCPC the prosecutor's office for these "special" courts is responsible and for offences in Hakkari province the prosecutor at former Van SSC has to look into the offence. 2. The former SSC Van (No. 1 and 2) became Van Heavy Penal Court No. 3 and 4. 3. On 23 November Hakkari Governor Erdoğan Gürbüz was appointed to Tokat and Tokat Governor Ayhan Nasuhbeyoğlu took his place. Hakkari Mayor Metin Tekçe said that the appointment corresponded with the wish of the people. "If the representatives of the State love the people, the people will love them". At the beginning of December the Minister of Interior also changed the position of the governors in Şemdinli and Yüksekova. Şemdinli Governor Mustafa Cihat Feslihan was appointed to Ovacık district (Karabük) and the governor of Alpu district (Eskişehir), Altuğ Çağlar took his place. Yüksekova Governor Aytaç Akgül changed his place with the governor of Bulanık district (Muş), Uğur Kalkar. 4. In May repentant PKK militant, confessor and JİTEM staff Adil Timurtaş was detained in İstanbul. Reportedly he tried to blackmail Lezgin Bingöl, chair of DEHAP in Bağcılar district and was caught with another seven suspect "red-handed". However, the police in İstanbul released Adil Timurtaş, Erdal Atalay, Abdulvahap Demir and Abuzer Gün on 5 May. The other four people were released on court's order. The lawyer Asya Ülker acting for Lezgin Bingöl tried to intervene, but did not get much access to the files. She only noted that Fadil Timurtaş had been carrying two IDs in the name of the "Command of Special Forces". 5. Umut Göllü, student at Pamukkale University in Denizli, died on 24 October. Reportedly he died of a heart attack after having drunk at the flat of a friend. |
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