On 5 January the central gendarmerie station in Siverek (Şanlıurfa) was shot at. The police officer Ahmet Kılıç was injured.
Abduction of Recai Zaim, İbrahim Akgün, Ahmet Akbulut and Mehmet Külah: On 12 May Recai Zaim, Mayor of
Espiye district (Giresun) for the DSP, İbrahim Akgün, Mayor of Soğukpınar town, Ahmet Akbulut, Director of the Woods’ Department in Espiye and the driver Mehmet Külah were kidnapped near Yağlıdere district (Giresun). İbrahim Akgün was released shortly afterwards and the other persons around midnight. The kidnappers appeared to be members of the Turkish Communist Party/ML-Workers’ and Peasants Liberation Army of Turkey (TKP/ML TIKKO), who used the opportunity to make propaganda in a neighboring village.
During the ensuing operation a clash broke out at the border between the provinces of Sıvas and Tokat between the security forces and a group of militants, estimated to consist of 30 people. Cafer Özdemir, an alleged militant of the TKP/ML TIKKO, was killed on 12 May.
Giresun Governor Ali Haydar Öner announced that two soldiers, Erkan Dedeoğlu and Hüseyin Demircan, died and two soldiers, Murat Sucu and Ferdi Ovali, were wounded, when on 16 May different teams of the gendarmerie carrying out operation near Yağlıdere district mistakenly shot at each other.
A clash between TIKKO militants and the security forces was reported to have occurred on the Bektaş Plateau in Dereli district (Giresun) on 28 May. Murat Akkaya, member of a special team, was wounded and taken to Bulancak State Hospital. From here he was taken to a hospital in Giresun.
Later the military conducted an operation in the Aliboğazı region in Çemişgezek district (Tunceli), believed to be a stronghold of militants from the PKK and TIKKO. Officials from the military suspect about 100 militants to be in the region that has been closed for civilians on the length of 75 kilometers reaching from Çemişgezek to Erzincan-Kemaliye and Tunceli-Ovacık according to Article 9 and 11 of the Law on the State of Emergency.
Reports from the rural areas of Tokat province stated that a group of militants from TIKKO kidnapped Muharrem Hız from Sırçalı village. On information by the relatives the security forces conducted a search and on 12 June found the corpse of Muharrem Hiz near the village.
Hacı Mehmet Canbolat
On 8 November Hacı Mehmet Canbolat (18) was beaten to death in Maltepe district (İstanbul). Reportedly a group of 10 to 15 people stopped the service bus of his employer and dragged him into the street. Canbolat received heavy blows that he did not survive. Hacı Mehmet Canbolat was said to have had discussions on the death fast action, which he did not approve of. After the incident Cemal Uluç, Baysal Demirhan, Hüseyin Uzundağ, Gökhan Aydın, Serkan Aykol and Medine Şahin were detained. On 14 November the detainees were taken to the prosecutor’s office at İstanbul SSC. The prosecutor ordered the release of Serkan Aykol and Medine Şahin, but presented the other defendants to the judge on duty at İstanbul SSC No. 3. He ordered the arrest of Cemal Uluç, Baysal Demirhan, Hüseyin Uzundağ and Gökhan Aydın on charges of violent activities for TİKKO.
The İstanbul branch of the HRA made a statement after the incident:
The killing of Mehmet Canbolat, who was beaten to death after having been dragged out of a bus, shows the dimension of violence in society. The reason for the beating is particularly disturbing. We have to oppose all attacks on the right to life, regardless of who the source is. It cannot be understood, why the circles that claim to struggle for rights and freedoms, resort to such an action of lynching. Violence creates violence. This kind of action show how widespread violence is in a system that takes its power from violence. The groups working for rights and freedom have to show more respect to the right of life. We, as human rights defenders, stress once again that we are opposed to violence, regardless of who and where it comes from and shall continue to condemn actions that destroy the right to life.”
Radical Islamic Organization
OHAL Governor Gökhan Aydıner made a statement on 28 January concerning development in 2001. He said that 625 operations had been conducted against Hezbollah and 1.462 suspects had been detained. Of them 570 had been remanded.
In June the governor’s office for the OHAL region stated for the time between January and May that 311 suspected Hezbollah members had been detained. Diyarbakır SSC had ordered the arrest of 109 of them.
In June Turkey asked Germany to return the leader of Islamic Federation of Anatolia Metin Kaplan (under arrest), but the demand was rejected on the ground that there is death penalty in Turkey.
The assassination of Gaffar Okkan ([11] )
During 2002 a number of court cases were conducted in connection with the killing of Diyarbakır Chief of Police, Gaffar Okkan. At least 7 alleged Hezbollah members were charged with the killing and the prosecutor asked for aggravated life imprisonment for them.
On 6 April the police in Istanbul detained three people during a raid of a house in Bağcılar quarter. All three suspects were taken to Diyarbakır for interrogation on their suspected links to the radical Islamic organization Hezbollah. One of the three suspects was said to be Burhan Kılıç, an alleged triggerer of the organization allegedly involved in the assassination of Chief of Diyarbakır Police, Gaffar Okkan.
Erzurum Chief of Police, Özdemir Gürsu, announced the names of 12 people, who had been detained in Yenişehir on 11 June. He stated that it had been established that four of them were members of the radical Islamic organization Hezbollah and that one of them participated in the assassination of former Chief of Diyarbakır Police, Gaffar Okkan in January 2001. Özdemir Gürsu did not say who of the detainees Fuat Kaya, Ramazan Güngör, Abdurrahim Özalp, Özgür Bozkurt, Süleyman Adıyaman, Mustafa Tekiner, Erkan Elkoç, Fedai Kılıç, Oktay Bozkurt, Cüneyt Gümüş, Hacı Sökmen and Fevzi Altınkaynak had been involved in the assassination.
Diyarbakır Chief of Police, Atilla Çınar, announced that the name of the person, who was detained during a house raid on 6 October, was Abdülkadir Aktaş. He said that Aktaş was a militant of the radical Islamic organization Hezbollah, involved in a number of armed actions including the assassination of former Diyarbakır Chief of Police, Gaffar Okkan.
Aktaş was arrested on 12 October. On the same day, he was taken out of the prison according to Decree No. 430 to be interrogated.
On 14 November Diyarbakır SSC continued to hear the case of Bedran Selamboğa and another 3 defendants, charged in connection with the killing of Gaffar Okkan and another 5 police officers.
The indictment wanted Bedran Selamboğa to be sentenced to life imprisonment for 13 killings and injuring of 9 people. The other three defendants Veysi Şanlı, Mahmut Tetik and Ömer Akgül have to expect sentences of 15 years’ imprisonment. At the hearing witness Fatime Tatar testified to the effect that she had no knowledge of the killing of Şehmus Filiztekin and did not know the defendants. Selamboğa stated that he had not been involved in this killing. The defendants Mahmut Tetik and Ömer Akgül said that they had no connection to the organization and asked for their release. The court followed the demand, released Tetik and Akgül and adjourned the hearing to a later date.
On 26 November Diyarbakır SSC No. 1 continued to hear the case of Servet Yoldaş, Veysi Şanlı, Şener Dünük and Suat Çetin, four alleged members of Hezbollah, who are charged in connection with the assassination of Ali Gaffar Okkan. The prosecution wanted all defendants except for Veysi Şanlı to be sentenced according to Article 146/1 TPC (previously death penalty, now aggravated life imprisonment).
On 12 February Diyarbakır SSC No. 3 continued to hear the case of Mehmet Fidancı, one of the alleged triggerers of the radical Islamic organization Hezbollah. The defendant asked for transfer to another prison and rejected the charges of being involved in the assassination of Gaffar Okkan. The court ordered a medical examination in order to establish whether the defendant had been tortured. The trial did not conclude in 2002.
On 5 February Diyarbakır SSC No. 3 heard the case of Şahin Çeribaşı, an alleged member of the radical Islamic organization Hezbollah, on trial for the assassination of Gaffar Okkan and five police officers. During the hearing Çeribaşı stated that he was tortured in custody. On 10 September Çeribaşı rejected the charges. The trial did not conclude in 2002.
Detentions and Arrests
On 22 January an operation was deployed against Hezbollah in Batman. Two houses were raided. In one of the houses, a police officer was injured during clashes with inhabitants. 10 alleged members of the organization were detained. Of the detainees İbrahim Gülceğiz and Mustafa Bozkurt were accused of being involved in the assassination of Gaffar Okkan. One of the houses was said to have been raided “in error”. Batman Police HQ will reportedly meet the damage.
On 17 April the police in Antep announced to have found three corpses in a house in Emek quarters. The house was searched on information provided by a militant of the radical Islamic organization Hezbollah called Mehmet Salih Kölge, who was detained in Diyarbakır in mid-April. The corpses were identified as Hamza Karaarslan, his brother Mehmet Ali Karaarslan and his cousin Mehmet Salih Karaarslan, all of whom had reportedly “been active within Hezbollah”. The corpse of Özgür Elmas, wife of Mehmet Salih Karaarslan, who had reportedly been killed by Hezbollah militants, could not be found during the searches conducted in Antep and Çöçelli village of Pazarcık
district (Maraş). At the time she had a son named Gökhan (4). His whereabouts were not known.
The official statement alleged that Özgür Elmas was killed in 1998 by Cemal Tutar (still on trial at Diyarbakır SSC), Hamza and Mehmet Ali Kararaslan, and that later Mehmet Salih Karaarslan, Hamza Kararaslan and Mehmet Ali Karaarslan were killed.
On 22 April Diyarbakır SSC arrested Mehmet Salih Kölge. During the seven days of his detention he reportedly confessed to have killed 13 people in southeastern Turkey in 1992 and 1993. In Silvan district (Diyarbakır) Fikret Bayram was arrested. The police consider him to be one of the triggerers of Hezbollah. Being disabled, Fikret Bayram had been released from prison by State President Ahmet Necdet Sezer, when he was serving a sentence of 26 years’ imprisonment for murder.
After he had been arrested on 22 April, Kölge was taken for additional interrogations, presumably according to Decree 430. His parents went to see him at Diyarbakır Police HQ on 25 April, but could not meet him, despite permission from the prosecutor at Diyarbakır SSC. The next day they came back with clothes, as they had been told, but this time they were informed that he had been taken to Batman and they should come back after 10 days.
In June the prosecutor at Diyarbakır SSC finished the indictment against Mehmet Salih Kölge. Allegedly he gave the order for 127 armed actions resulting in the death of 81 persons. Two persons, who allegedly participated in two killings, will be charged together with him. All were charged under Article 146 TPC.
On 3 October Diyarbakır SSC No. 1 heard the case of M. Salih Kölge. The defendant stated that he could not testify, because he had not been able to study the indictment. He claimed that he was under psychological pressure in prison, which included not being allowed to grow a beard for religious reasons.
On 5 October Diyarbakır Police HQ announced the detention of five alleged members of the “Ilim wing of Hezbollah”.
The announcement alleged that the detainees had been involved in many actions including the killing of Metin Balaban in Diyarbakır on 3 September 1994, and bodily harm to the distributor of the daily Özgür Gündem, Abdülkadir Altan on 29 March 1993, Mehmet Tarduş on 8 September 1993, Aziz Karadeniz on 13 September 1993, Cavit Olcay and Kahraman Balin on 17 September 1993 and Recep Demirtaş on 9 October 1993.
The same announcement recorded that 170 Hezbollah members were detained during the last six months with 45 of them being remanded.
Of the eight persons who had been detained in Ankara on 31 October Ankara SSC ordered the arrest of Sezai Deniz, Erdoğan Güven, Muharrem Karakaş, Metin Alnıaçık and the cameraman Ali Esteklik on charges of membership of the radical Islamic organization Hizb-ut-Tahrir. Three persons were released.
On 8 November the police detained Abdullah Ekim at the hospital of the medical faculty in Çapa. Doctors had called the police, when they saw traces of gunpowder in his wound. Reportedly a bomb exploded in his hand on 6 November. Abdullah Ekim was arrested on 9 November on allegations of being a member of İBDA-C and having planned bomb attacks on some churches in İstanbul.
On 19 November an armed clash broke out between the police and alleged militants of Hezbollah during a house raid in Silvan district of Diyarbakır. Following the clash one person was detained and another reportedly fled.
Court cases
On 26 March Adana SSC No. 1 announced its verdict on 14 defendants, who had been detained in Gaziantep as alleged members of Hezbollah, after the initial verdict had been quashed by the 9th Chamber of the Court of Cassation. The defendants Ramazan Yavuz Atmaca, Davut Taştekin, Nezir Şen, Mehmet Tosun, Mustafa Kara, Mehmet Altınbaş and Mecit Horoz were sentenced to 12.5 years’ imprisonment for membership of an illegal organization. The defendants Seydi Ataç (under arrest), Kasım Aslancan, Mehmet Sezer, Mustafa Sezer, Müslüm Taş, Mustafa Gül and Şahin Evsen were sentenced to 45 months’ imprisonment for supporting an illegal organization. Their sentences were suspended for five years according to the Law on Conditional Release and Suspension of Sentences.
On 4 March a trial of 7 alleged members and supporters of the radical Islamic organization Hezb-al Tahrir (Islamic Salvation Party) concluded at Adana SSC. The court acquitted the defendants Mustafa Güler (he had been under arrest), Mesut Yıldız, Celil Cevher, Ömer Akkoyun, Halil Sezen and Mehmet Ali Çelebi on the grounds that Article 7/2 of the Law to Fight Terrorism had been amended in favor of the defendants.
On 13 March Ankara SSC No. 2 passed its verdict in the trial of 22 defendants from Hezb-al Tahrir. The alleged leader of the organization, Remzi Özer was sentenced to 50 months’ imprisonment. The other defendants received sentences of between 6 and 30 months’ imprisonment.
On 9 April Diyarbakır SSC No. 4 passed a verdict on three alleged members of the radical Islamic organization Hezbollah. Cuma Güzel was held responsible for the killing of the police officer Adem Bardakçı on 11 October 2000 and sentenced to death according to Article 146/1 TPC. The sentence was commuted to life imprisonment. Leyla Gülsever was sentenced to 12.5 years’ imprisonment according to Article 168/2 TPC and Remziye Solmaz was sentenced to 6 years’, 5 months’ imprisonment according to Article 146/3 TPC.
The trial of Edip Balık concluded at Diyarbakır SSC on 31 October. He had been charged with membership of radical Islamic organization Hezbollah and wounding a police officer. He was sentenced according to Article 146/1 TPC and will serve life imprisonment.
On 8 November İstanbul SSC passed its verdict on 3 alleged members of the radical Islam organization İBDA-C, charged with several bomb attacks. Fahri Önder was sentenced to life imprisonment, Ümit Altun to 29 years and Sebahattin Koçak to 23 years 6 months’ imprisonment.
On 12 November Diyarbakır SSC No. 1 passed its verdict on 20 defendants detained in 2000 and charged with membership and activities for Hezbollah. The defendants pleaded not guilty. After a short break the court announced the sentences. Muhteşem Kaya, A.Selam Kaymaz, Resul Artağan, Mirzeyda Uyan, Mehmet Üçenap and Zekeriya Binen were sentenced to 12.5 years’ imprisonment under Article 168/2 TPC for being members of Hezbollah. The other 14 defendants, also still in pre-trial detention, were sentenced to 45 months’ imprisonment for support of Hezbollah. These sentences were suspended since the date of the offence was before 23 April 1999.
On 19 November Diyarbakır SSC No. 2 concluded the case against alleged members Hezbollah, who had been detained during a house raid in Bağlar quarters of Diyarbakır on 9 July 2001. In this police operation the alleged militant Abdülhakim Tan had been killed. In the final hearing the defendants Veysel Alabalık, Göksel Güneş and Mahmut Akgül pleaded not guilty. The defense asked for sentences under Article 169 TPC. The court, however, sentenced all three defendants to 12.5 years’ imprisonment according to Article 168/2 TPC for being members of an armed gang. Mahmut Erdoğan, Mehmet Erdoğan, Şerif Fırat, Muhyettin Çınar, Hacı Çınar and Remziye Güneş were acquitted.
On 19 April Ankara SSC passed its verdict on 29 alleged members and supporters of Hezbollah. Mehmet Emin Alpsoy, Mustafa Gürlüer and Şeyhmus Alpsoy were sentenced to death according to Article 146 TPC. Aysel Aldanmaz, Ayşe Sudan, Veli İnce, Halit Karslı, Ahmet Akbulut and Hüseyin Tamer were acquitted. Abdulsamet Yıldız, Sadullah Arpa and Abdurrahman Alpsoy were convicted of being members of the organization and according to Article 168/2 TPC sentenced to 15 years’ imprisonment. 15 defendants were sentenced to 4.5 years’ imprisonment under Article 169 TPC for supporting the illegal organization. Mahmut Kaya and İsmail Kaya were convicted under the same provision, but since they had been under 18 years of age at the time of the crime, they were sentenced to 3 years’ imprisonment.
On 11 June Diyarbakır SSC No. 1 heard the case of 4 alleged members of the radical Islamic organization Hezbollah. The defendant Rıfat Demir, charged with the killing of 22 people including ex-MP for the Democracy Party (DEP) Mehmet Sincar, rejected the charges stating that his testimony to the police had been extracted under torture. In this trial the death penalty was sought for all 4 defendants, Rıfat Demir, Ahmet Durmaz, Ahmet Şahin and Mehmet Garip Özer, according to Article 146 TPC.
Trials on Political Killings
Kemal Türkler: Throughout the year Bakırköy Criminal Court No. 2 continued to hear the case concerning the killing
of ex-President of the trade union confederation (DISK), Kemal Türkler, on 22 July 1980. The only imprisoned defendant Ünal Osmanağaoğlu and his lawyers demanded that Celal Adan, who had been tried in connection with the killing but had been acquitted, be heard as witness. The court rejected the demand. Until September the Court waited for some 50 files on the main MHP trial from Ankara Criminal Court No. 5. The hearing was adjourned to 2003 to inspect the files.
Bahçelievler Massacre: Mahmut Korkmaz, one of the suspects for the so-called Bahçelievler massacre, during which
seven students, members of the Turkish Workers' Party (TIP) were killed on 8 October 1978, was apprehended in Refahiye district (Erzincan) in February. On 26 February, Ankara Criminal Court No. 3 was informed of the detention during a routine traffic control. The court ordered his arrest and he was put in Erzincan Prison.
Mahmut Korkmaz had been arrested in 1986 and was later sentenced to 15 years’ imprisonment. The Court of Cassation quashed the verdict. In the retrial Mahmut Korkmaz was sentenced to 105 years' imprisonment (15 years