REPORT OF RESEARCH & INQUIRY ON
9-10 NOVEMBER 2005 ŞEMDİNLİ INCIDENTS
12.11.2005
HUMAN RIGHTS ASSOCIATION (İHD)
ASSOCIATION OF HUMAN RIGHTS AND SOLIDARITY FOR THE OPPRESSED (MAZLUM-DER)
İNSAN-DER
CONTEMPORARY JURISTS ASSOCIATION VAN BRANCH
HAKKARİ TRADESMEN AND ARTISANS’ CHAMBER
CIVIL SERVANTS’ TRADE UNION (MEMUR SEN) HAKKARİ BRANCH
THE CONFEDERATION OF PUBLIC SECTOR TRADE UNIONS (KESK) HAKKARİ BRANCHES PLATFORM
HAKKARİ ÖVDER
ASSOCIATION OF HUMAN RIGHTS AND SOLIDARITY FOR THE OPPRESSED (MAZLUM-DER)
İNSAN-DER
CONTEMPORARY JURISTS ASSOCIATION VAN BRANCH
HAKKARİ TRADESMEN AND ARTISANS’ CHAMBER
CIVIL SERVANTS’ TRADE UNION (MEMUR SEN) HAKKARİ BRANCH
THE CONFEDERATION OF PUBLIC SECTOR TRADE UNIONS (KESK) HAKKARİ BRANCHES PLATFORM
HAKKARİ ÖVDER
A. CASE:
Press reports said that in Þemdinli on November 9, 2005, three people threw a hand grenade to a bookstore and killed one of the three persons in the store and wounded another. Press also reported that the assailants were apprehended as a result of the pursuit of the other person in the bookstore and the local people while they have got in a car. Following the finding of three AK-47 assault rifles in the trunk of the car of the apprehended men the public prosecutor of the town launched an investigation but as he started exploration in the spot of the incident another civilian were shot death and four others were wounded after being fired upon, news reports said.
Press reports said that in Þemdinli on November 9, 2005, three people threw a hand grenade to a bookstore and killed one of the three persons in the store and wounded another. Press also reported that the assailants were apprehended as a result of the pursuit of the other person in the bookstore and the local people while they have got in a car. Following the finding of three AK-47 assault rifles in the trunk of the car of the apprehended men the public prosecutor of the town launched an investigation but as he started exploration in the spot of the incident another civilian were shot death and four others were wounded after being fired upon, news reports said.
Due to the violations of right to life, starting of a collective social protests in Şemdinli and the blocking of the entrance and exit to the town made it necessary for us to prepare a report on the recent incidents.
B. COMPOSITION OF THE DELEGATION:
Upon the news reports covering the incidents in the town, in order to conduct a research, inquiry and investigation into the claims and in a bid to reach and make public the true information about the events and to make a contribution to the protection of right to life, which is also guaranteed by numerous national and international covenants, the Human Rights Delegation including the persons mentioned below were constituted:
Upon the news reports covering the incidents in the town, in order to conduct a research, inquiry and investigation into the claims and in a bid to reach and make public the true information about the events and to make a contribution to the protection of right to life, which is also guaranteed by numerous national and international covenants, the Human Rights Delegation including the persons mentioned below were constituted:
İHD Administrative Board Member Att. Abdulvahap ERTAN,
MAZLUMDER Administrative Board Member and the Chairperson of Association’s Van Branch Att. Abdulbasit BİLDİRİCİ,
İnsan-Der Chairperson M. Yasin HASKANLI,
Contemporary Jurists Association Van Branch Chairperson Att. Murat Timur,
Hakkari Tradesmen and Artisans’ Chamber Chairperson Arif Koparan,
On behalf of the Confederation of Public Sector Trade Unions (Kesk) Hakkari Branches Platform, Health Workers’ Union (SES) Chairperson Ahmet Ediş,
İHD Van Branch Chairperson Att. Cüneyt Caniş,
Hakkari Övder Chairperson Übeydullah Dündan,
MAZLUMDER Van Branch Vice-Chairperson Abidin ENGİN,
İHD Hakkari Branch Chairperson Necibe GÜNEŞ,
MEMUR-SEN Hakkari Branch Chairperson Abdulcebbar YAKAR.
C. IMPRESSIONS:
The delegation in the early hours of Nov. 10, 2005, set out to go town of Şemdinli. While the delegation is in its way to Şemdinli, at Turkey’s southeastern corner, from Hakkari’s Yüksekova town, it has observed that the security measures were increased as it draw near to the town. Gendarmerie forces were blockaded the roads at a point 22 kilometers away from the town. The gendarmerie told the delegation that the entrance to the town was closed. Security forces were finally allowed three vehicles of the delegation upon the delegation’s informing them that its visit is known by the authorities of the region and upon some initiatives with some authorities. The license plate numbers of the delegation’s cars were given to other checkpoints as to ensure our arrival at the town. The delegation entered the town without further problems.
The delegation in the early hours of Nov. 10, 2005, set out to go town of Şemdinli. While the delegation is in its way to Şemdinli, at Turkey’s southeastern corner, from Hakkari’s Yüksekova town, it has observed that the security measures were increased as it draw near to the town. Gendarmerie forces were blockaded the roads at a point 22 kilometers away from the town. The gendarmerie told the delegation that the entrance to the town was closed. Security forces were finally allowed three vehicles of the delegation upon the delegation’s informing them that its visit is known by the authorities of the region and upon some initiatives with some authorities. The license plate numbers of the delegation’s cars were given to other checkpoints as to ensure our arrival at the town. The delegation entered the town without further problems.
It was observed that a police checkpoint at the entrance of the town was empty and there were clumps of firewood that has become ash and there was another fire close o the first one. There were no one around the fire and there is an automatic weapon balance pan which was burned to a certain extend. There was also a diesel depot of a vehicle on the road.
All tradesmen were seen to have keeping their shops closed and there were no visible security forces in the town center. The people of town, gathered as a great crowd on Cumhuriyet Street, were waiting silently. As the people learned about the identity of our delegation, they came to us and applauded.
The delegation first attempted to make an inquiry in the shopping center where the bookstore in which the explosion were occurred was located but couldn’t manage to enter the place due to prosecutors ordering to put the shopping center under seal in a bid to protect further evidences. The delegation, upon this reasonable ground left the place without conducting a research.
Leaving the spot of the explosion, the delegation went to the building where the office of district governor, the police department and the courthouse were located. There were armed police officers guarding the building. It was observed that the windows of the security hut in front of the building were broken and there were traces of stones thrown on the building. Almost all windows of the courthouse were broken and there were broken pieces of windows along with stones on the grounds. Also observed are two cars being damaged in the garden of the courthouse. There were also traces of fired bullets on a building in front of the office of the district governor.
It was observed that the security forces in the town are only guarding the buildings of police department, office of district governor, and the courthouse along with the housing of the civil servants working for these institutions. There were no security forces personnel in the town anywhere other than these buildings. Representatives of the NGO’s and mayors were observed to have trying to control and calm down people gathered in the main street of the town.
While our delegation continues its initiatives and carrying out interviews, it has observed that; the tension in the city didn’t decrease and people insisted on waiting on the main street; a crowded group of people continue to hold a protest march and chanting slogans; some people have broke down the windows of the ruling Justice and Development Party (AKP) many parts of which have already broken down; some children are insisting on throwing stones to the building of police department and some other older persons are keeping up warning children for not throwing stones and sometimes taking the stones in their hands; some people were trying to stop crowds for not to march towards official buildings; security forces have used pepper gas to disperse continuing protest marches, members of the delegation were also affected by the pepper gas.
INTERVIEWS:
Delegation had transmitted its demands for getting appointments from official authorities of Şemdinli one day earlier. Since the building was guarded by armed police officers and they didn’t let the delegation in, our delegation informed them about the reasons of its visit and its demand to see authorities. Following a series of talks that the guarding police officers made with their superiors, our delegation was told that the governor of town is not in his office, the public prosecutor cannot hold such a meeting due to an overload in his works and Hakkari governor, Hakkari chief of police and military officials were at a meeting about the events. Our delegation then asked to see Şemdinli chief of police and got a response as that the delegation could see him only at the entrance of the building. A meeting with deputy chief of police of Þemdinli was held in the entrance. Deputy Chief of police of Þemdinli during the meeting said the state is trying to establish order and control in the city and he has no authority to say anything on the issue. He finished the meeting that he would transmit our appointment demand to the Hakkari governor, governor of Şemdinli and to the public prosecutor.
Delegation had transmitted its demands for getting appointments from official authorities of Şemdinli one day earlier. Since the building was guarded by armed police officers and they didn’t let the delegation in, our delegation informed them about the reasons of its visit and its demand to see authorities. Following a series of talks that the guarding police officers made with their superiors, our delegation was told that the governor of town is not in his office, the public prosecutor cannot hold such a meeting due to an overload in his works and Hakkari governor, Hakkari chief of police and military officials were at a meeting about the events. Our delegation then asked to see Şemdinli chief of police and got a response as that the delegation could see him only at the entrance of the building. A meeting with deputy chief of police of Þemdinli was held in the entrance. Deputy Chief of police of Þemdinli during the meeting said the state is trying to establish order and control in the city and he has no authority to say anything on the issue. He finished the meeting that he would transmit our appointment demand to the Hakkari governor, governor of Şemdinli and to the public prosecutor.
HURŞİT TEKİN (Şemdinli Mayor)
Hurşit Tekin said in the interview: “I wasn’t in the town when the blast occurred. I was on a condolence visit in a village. Governor of Şemdinli called me on the phone and said, ‘Dear mayor you should immediately come to the town there has been going on incidents. You should come and calm down people.’ Upon this call, I arrived at the town within 15 minutes and saw that people in the town are in panic. Gathering some prominent personalities with me, I tried to calm down people. Meanwhile, security forces informed me that three police officers were stuck in a police checkpoint at the entrance of the town and a great crowd of people have been marching towards them. I then arrived at the venue and my face was wounded during the uproar between security forces and people. I was taken to a hospital. Staying half an hour long in the hospital, I went back to the venue again and demanded from the chief of police of the town to remove the checkpoint from that point. He told me he cannot do that since there are heavy weapons at the point.
Hurşit Tekin said in the interview: “I wasn’t in the town when the blast occurred. I was on a condolence visit in a village. Governor of Şemdinli called me on the phone and said, ‘Dear mayor you should immediately come to the town there has been going on incidents. You should come and calm down people.’ Upon this call, I arrived at the town within 15 minutes and saw that people in the town are in panic. Gathering some prominent personalities with me, I tried to calm down people. Meanwhile, security forces informed me that three police officers were stuck in a police checkpoint at the entrance of the town and a great crowd of people have been marching towards them. I then arrived at the venue and my face was wounded during the uproar between security forces and people. I was taken to a hospital. Staying half an hour long in the hospital, I went back to the venue again and demanded from the chief of police of the town to remove the checkpoint from that point. He told me he cannot do that since there are heavy weapons at the point.
Some times later, I was called to Gendarmerie along with Hakkari Deputy Esat Canan, Hakkari Mayor Metin Tekçe, Yüksekova Mayor Salih Yıldız, lawyers from Yüksekova who were in the town at the time of the event, for a meeting on the evaluation of the situation. The meeting was also attended by Hakkari governor, Þemdinli governor, public prosecutor and some other senior officials. We have discussed how to decrease the tension in the city. Some demanded that it has to be confirmed that three persons that were handed over to the police were still in custody and the vehicle that those men used were belonging to police. The chief of police at that time interrupted and mentioned that the car is not that of police but of Gendarmerie. Hakkari Governor also supported the chief of police’s claim. They also claimed that not three but only one person were handed over to security forces.”
Zeydan ÖZEL (Tradesmen- Eyewitness)
Zeydan ÖZEL said in the interview that: “My office is in front of the shopping center where the blast was occurred. I saw those three persons, who were later handed over to the security forces, before the explosion occurred. I become suspicious about them and started watching them from my cousin’s shop. They were looking at the shopping center. There were three persons within the car. Two of them were sitting in the front seats and one was sitting at the rear seat. I saw the men who was in yellowish coat and was sitting at the rear seat got out of the car having a black plastic bag in his hand. He went towards the shopping center. I start waiting close to them, and the bearded one saw me watching them. Then the driver moved the car and I recorded the license plate number of the car, it was; 30 AK 93, and was a Renault 19. I get back to my shop again. Couple of minutes later, sound of a great explosion was heart. As people run towards the spot of explosion I also went there and saw that yellowish coated man talking on the phone asking his accomplices their location. I started following the man. The man then got in the same car waiting in front of the shop. I told people that “it was this man who is behind the explosion.” People then cut the road of the car and started beating them. Then police officers came and started firing into air. They then took two persons with them. Subsequently, I was the bearded one walking away from the venue. Since, I knew him, I started following him. In the ahead, there were a lieutenant colonel and soldiers. I approached to lieutenant colonel and told him that the bearded man was also among the assailants. The lieutenant colonel, told me; “All right, my son. We got him.” Three soldiers took the men to gendarmerie facility in the district.”
Zeydan ÖZEL said in the interview that: “My office is in front of the shopping center where the blast was occurred. I saw those three persons, who were later handed over to the security forces, before the explosion occurred. I become suspicious about them and started watching them from my cousin’s shop. They were looking at the shopping center. There were three persons within the car. Two of them were sitting in the front seats and one was sitting at the rear seat. I saw the men who was in yellowish coat and was sitting at the rear seat got out of the car having a black plastic bag in his hand. He went towards the shopping center. I start waiting close to them, and the bearded one saw me watching them. Then the driver moved the car and I recorded the license plate number of the car, it was; 30 AK 93, and was a Renault 19. I get back to my shop again. Couple of minutes later, sound of a great explosion was heart. As people run towards the spot of explosion I also went there and saw that yellowish coated man talking on the phone asking his accomplices their location. I started following the man. The man then got in the same car waiting in front of the shop. I told people that “it was this man who is behind the explosion.” People then cut the road of the car and started beating them. Then police officers came and started firing into air. They then took two persons with them. Subsequently, I was the bearded one walking away from the venue. Since, I knew him, I started following him. In the ahead, there were a lieutenant colonel and soldiers. I approached to lieutenant colonel and told him that the bearded man was also among the assailants. The lieutenant colonel, told me; “All right, my son. We got him.” Three soldiers took the men to gendarmerie facility in the district.”
Muharrem TEKİN (Chairperson of Şemdinli Tradesmen and Artisans Chamber)
Muharrem TEKİN in his statement said: “The incident occurred just in front of our office. The car was directly infront of my room. I went out while people have started gathering around. One of those three men said in a shameless manner, “What is going on?” Then they tried to escape with the car, but 10 to 15 men captured them. People then captured the man sitting in the car’s rear seat. At the time, people still didn’t know that one person died in the explosion. They broke the rear window of the car and beated the men sitting. The men sitting in the front suddenly came out of the car and took one of the AK-47 kalashnikov rifles. I saw that there were three Kalashnikov rifles in car’s trunk. There was also some amount of bullets for the rifles. One of the citizens took the rifle from his hand before he tried to use it and put it in the trunk again. This person then also beaten by citizens. Meanwhile, approximately thirty police officers have come and surrounded the car and people. Then a panzer came and they took one of the people into it. People than damaged the car. A detailed map, an engagement book and a name list was seized from the car. Then the governor of Þemdinli have come and tried to make a statement over the car with Att. Mehmet Ekici. At the time, the remaining of the person died in the shopping center was brought over the shoulders of people. As people learned that a person have died in the incident, they started marching towards the town’s governor. The governor than got in his car and left the place without making a statement. Subsequently, a group of 15 masked police officers came and fired into air but the gathered people refused to disperse. Then an army commander came to the spot. As people asked the commander to order to stop shootings, he told the chief of police to stop fire. As the guns silenced, people again started marching towards the car. A group of 40 to 50 soldiers also came to the venue. The captain in command of the soldiers, pushed me and told to soldiers, “Open fire into them, we as twenty people are enough to deal with them.” As the captain said these words, the senior army commander was also there. Upon the orders of caption, a noncommissioned army officer climbed to a place and directed his weapon towards the people. As we take hold of the barrel of his weapon, he opened fire. Upon this, other soldiers who heard of the shooting have also started opening fire. The senior army commander again interrupted and stopped the gunfire. After that, all soldiers and police officers withdrew to the building of police department and set up a barricade at there. A group of people at the time were waiting close to the car. People then, in groups, started to march towards the building of police department. They threw stones into the soldiers and into the governor’s office and building of police department. There were three panzers, two of which was belonging to the army and one to police department. These panzers then, opened fire into the people. Two people were wounded by these shootings. Upon this other groups of people who were waiting close to the car, also started marching towards the police department. As they arrived at the department, police started using pepper gas and people were dispersed. Then, people from Altınsu village also started coming to Þemdinli. As the police try to block their way, people from the town started going towards them. Uproar was occurred between people and the police. People threw stones to police and within ten minutes, the people started marching towards the town again. After that, there remained no police or soldier in sight. Every person in the town started gathering in public square. It was around P.M. 3:00. Then the car of the assailants, one of which was a special sergeant, was burned down by the people. At around P.M. 4:00-5:00, a white Tofaş Doğan branded car come over to the gathered group of people. The person driving the car was, Tanju Çavuş, a well known special sergeant in the town. He then started opening fire into the people; despite there were no negative reaction towards him. He discharged all of his bullets and wounded five persons. Ali Yılmaz, one of the wounded, persons was later died due to his wounds. Following his shooting into the people, Tanju, run away and get sheltered in gendarmerie building. At the time, prosecutor was carrying out researches in the venue. He also stopped his research upon gunfire. This research couldn’t be carried out until P.M. 10:00.
Seferi YILMAZ (Owner of Umut Bookstore)
Seferi YILMAZ in his statement said: “We were three persons sitting in my bookstore, Umut Kitapevi on Nov.9, 2005. It was noon time and we generally prepare our lunch and ate it in the backroom of the bookstore. We were about to eat lunch at the same day. Metin Korkmaz, a shoe seller in the same shopping center and his son Mehmet Zahir Korkmaz were also with me. As I went out to call for other friends to lunch, I heard windows were broken. As I look at the noise I saw that the broken windows are windows of my bookstore. At the very same time I saw the hand grenade lying on the ground. I desperately threw myself out of the bookstore. I also saw a yellowish coated man running away from the stairs of my bookstore. The bomb wasn’t yet exploded as he was escaping. I shouted to the people around and said, “Catch him. He was the one threw the bomb.” Then the bomb exploded. I was out of the bookstore but within the shopping center. I run after the man until the road. At that time, citizens heard of the blast were coming towards the shopping center. As the people around started to chase the assailant, I returned to my shop where the bomb blasted. People have come to the bookstore before I arrived. There was a cloud of dust within my bookstore. Bedri Yalçın have took Metin Korkmaz, who was wounded, out of the bookstore. However, there were also another people in the shop. I thought Mehmet Zahir have gone out of the shop and I asked to people whether they saw him or not. I told his relatives that Mehmet Zahir was within the bookstore at the time of blast.30 to 40 minutes later his relatives went into the bookstore and took Mehmet’s corpse to hospital over their hands. And, I went to the white car and saw that people have blockaded the car. The person with yellowish coat was sitting at the rear seat of the car and two of his friends were outside the car. People were angry about the person in the car. The two persons outside were trying to protect him and try to persuade people around. These two persons were saying to the people, “We are members of security forces.” There were also some people within the crowd that are trying to protect these three persons. People have demanded to search the car. Then police officers came and they tried to avoid people’s searching the car. Then the people have broken the windows of car. Then cars truck was opened. There were three Kalashnikov rifles, 10 full loaded chargers and bullets. Among the documents was a drawn plan of my bookstore. People were showing the plan, map and other stuff to the press. Then Special Forces teams and soldiers came and opened fire into the air to disperse the people. Chief of police and police officers came with panzers. Two persons outside the car got in one of the panzers. And the person within the car was handed over to police by the people. Police have made that person getting in the car. Following the handing over, 1.75 m tall bearded person with Adidas branded coat, who was one of the three, tried to get away. However, he was noticed by some people in the crowd and chased him. He was captured by the people in front of Prestij Patisserie, at the time he said, “Do not approach, I have a bomb on me.” At the time the lieutenant colonel and soldiers were also there. Some persons within the crowd said, “Lieutenant colonel, this is one of the men within the car.” Then the soldiers have captured him and taken him to the military facilities.”
Seferi YILMAZ in his statement said: “We were three persons sitting in my bookstore, Umut Kitapevi on Nov.9, 2005. It was noon time and we generally prepare our lunch and ate it in the backroom of the bookstore. We were about to eat lunch at the same day. Metin Korkmaz, a shoe seller in the same shopping center and his son Mehmet Zahir Korkmaz were also with me. As I went out to call for other friends to lunch, I heard windows were broken. As I look at the noise I saw that the broken windows are windows of my bookstore. At the very same time I saw the hand grenade lying on the ground. I desperately threw myself out of the bookstore. I also saw a yellowish coated man running away from the stairs of my bookstore. The bomb wasn’t yet exploded as he was escaping. I shouted to the people around and said, “Catch him. He was the one threw the bomb.” Then the bomb exploded. I was out of the bookstore but within the shopping center. I run after the man until the road. At that time, citizens heard of the blast were coming towards the shopping center. As the people around started to chase the assailant, I returned to my shop where the bomb blasted. People have come to the bookstore before I arrived. There was a cloud of dust within my bookstore. Bedri Yalçın have took Metin Korkmaz, who was wounded, out of the bookstore. However, there were also another people in the shop. I thought Mehmet Zahir have gone out of the shop and I asked to people whether they saw him or not. I told his relatives that Mehmet Zahir was within the bookstore at the time of blast.30 to 40 minutes later his relatives went into the bookstore and took Mehmet’s corpse to hospital over their hands. And, I went to the white car and saw that people have blockaded the car. The person with yellowish coat was sitting at the rear seat of the car and two of his friends were outside the car. People were angry about the person in the car. The two persons outside were trying to protect him and try to persuade people around. These two persons were saying to the people, “We are members of security forces.” There were also some people within the crowd that are trying to protect these three persons. People have demanded to search the car. Then police officers came and they tried to avoid people’s searching the car. Then the people have broken the windows of car. Then cars truck was opened. There were three Kalashnikov rifles, 10 full loaded chargers and bullets. Among the documents was a drawn plan of my bookstore. People were showing the plan, map and other stuff to the press. Then Special Forces teams and soldiers came and opened fire into the air to disperse the people. Chief of police and police officers came with panzers. Two persons outside the car got in one of the panzers. And the person within the car was handed over to police by the people. Police have made that person getting in the car. Following the handing over, 1.75 m tall bearded person with Adidas branded coat, who was one of the three, tried to get away. However, he was noticed by some people in the crowd and chased him. He was captured by the people in front of Prestij Patisserie, at the time he said, “Do not approach, I have a bomb on me.” At the time the lieutenant colonel and soldiers were also there. Some persons within the crowd said, “Lieutenant colonel, this is one of the men within the car.” Then the soldiers have captured him and taken him to the military facilities.”
Tahir ERBAŞ (Şemdinli-Tradesman)
Tahir ERBAŞ in his statement declared: “During the incident I was in my workplace. I went out when I heard sound of the blast. It was about 12:00 o’clock. A man with brown hair, approximately in 1.70m tall and 75-80 kg weight, with light brown coat was running downwards from the place that the blast happened. He was talking with somebody on his mobile phone. I did not go after the man. Worried thinking that there can be wounded people, 1 went to the place that the blast occurred. There was a wounded person there. Somebody took him to the hospital. Then 1 returned to the city center again. The people were assailing to a vehicle in which there is somebody. Besides there were two persons out of the vehicle and they were trying to guard the person inside. One of the men outside took a Kalashnikov from the baggage to stop the people. But the people got the arm from him. Some of the people were trying to prevent the persons to be beaten. Then, the police and gendarmerie came with tanks. Two persons outside got on the tank themselves. The person in the vehicle was helped to get in the tank”.
Tahir ERBAŞ in his statement declared: “During the incident I was in my workplace. I went out when I heard sound of the blast. It was about 12:00 o’clock. A man with brown hair, approximately in 1.70m tall and 75-80 kg weight, with light brown coat was running downwards from the place that the blast happened. He was talking with somebody on his mobile phone. I did not go after the man. Worried thinking that there can be wounded people, 1 went to the place that the blast occurred. There was a wounded person there. Somebody took him to the hospital. Then 1 returned to the city center again. The people were assailing to a vehicle in which there is somebody. Besides there were two persons out of the vehicle and they were trying to guard the person inside. One of the men outside took a Kalashnikov from the baggage to stop the people. But the people got the arm from him. Some of the people were trying to prevent the persons to be beaten. Then, the police and gendarmerie came with tanks. Two persons outside got on the tank themselves. The person in the vehicle was helped to get in the tank”.
Mustafa Cihat FESLİHAN (Governor of Şemdinli)
Mustafa Cihat FESLİHAN in his statement declared; “I have been working here for one and a half year. As you know there had been blasts in our town before. Coming to this second incident, I heard a blast sound at yesterday noon. When I asked what happened, it is said that there had been a blast in the bazaar and the person conducted the blast is caught by local people and that there is a civic turmoil. Subsequently we heard shots. I heard that people gathered around the vehicle and want to talk with the governor. I went to the venue alone. I sent away security forces from the venue and got on the vehicle and I would say that “Empty the place so that prosecutor could conduct his duty”. And they started to protest me too. Everything happened suddenly. People were complaining about the examination to be made late and probably they thought that territorial administration had the authority to make examination. Under these circumstances I had to leave the venue. But I suggested the prosecutor to make the inspection. Then the prosecutor went for inspection. But at the time of the inspection, it is said that a weapon was fired from a vehicle and that there had been wounded people so the prosecutor had to discontinue the inspection. Thereupon I contacted with NGOs and told the people that inspection will be held at that night.
Mustafa Cihat FESLİHAN in his statement declared; “I have been working here for one and a half year. As you know there had been blasts in our town before. Coming to this second incident, I heard a blast sound at yesterday noon. When I asked what happened, it is said that there had been a blast in the bazaar and the person conducted the blast is caught by local people and that there is a civic turmoil. Subsequently we heard shots. I heard that people gathered around the vehicle and want to talk with the governor. I went to the venue alone. I sent away security forces from the venue and got on the vehicle and I would say that “Empty the place so that prosecutor could conduct his duty”. And they started to protest me too. Everything happened suddenly. People were complaining about the examination to be made late and probably they thought that territorial administration had the authority to make examination. Under these circumstances I had to leave the venue. But I suggested the prosecutor to make the inspection. Then the prosecutor went for inspection. But at the time of the inspection, it is said that a weapon was fired from a vehicle and that there had been wounded people so the prosecutor had to discontinue the inspection. Thereupon I contacted with NGOs and told the people that inspection will be held at that night.
At the moment one person is in custody. Testimonies of the eyewitnesses about whether the other two have taken part in the bombing have not been taken by the prosecutor yet. Identity of the person in the custody has been determined. He is not a police officer but a person registered in Hakkari population.
The committee asked the governor “Who are these people and why are they in this province? Are they your personnel? In response the governor said that “these people are not our personnel and I don’t know who they are and why they are in this province now.”
The committee asked the governor whether he has information about the second incident regarding the person called Tanju Çavuş alleged to be working as sergeant in the province and came with his car to the venue and fired into people at the time of inspection and caused one person to die and four people to be wounded. He only said that “we don’t have information about his identity; these issues are related with public prosecutors office”.
Thirdly the committee asked “is it possible that these incidents are performed by the forces that are both public personnel and act outside law and without control. The governor said that “the information we got says that the action performed by PKK. The authority to make these explanations is prosecutor’s office”.
Harun AYIK (ŞEMDİNLİ PUBLIC PROSECUTOR)
Harun AYIK in his testimony stated that; “If the people get calm, they can go out and work, and maybe we can question the witnesses in the venue. We are waiting for secure conditions to be built. We made examinations in the bazaar and in the vehicle. The vehicle belongs to gendarmerie. 3 people alleged to conduct the blast are military intelligence officer and they are in Şemdinli for office. The vehicle is belonging to gendarmerie. Those three person allegedly carried out bombing are gendarmerie intelligence officers and have come to Þemdinli on duty. We have not taken their statements yet. Even it is not clear whether the person in custody put the bomb. The vehicle is 70 m faraway from the bazaar. Probably they did not put the bomb. How can we arrest them? There is nobody saw the person put the bomb. The identity of the person conducted the second attack is known. As I don’t have information about identities of two of three, I don’t have any information whether these people are charge. Anyway this issue is not urgent. We will deal with this issue later. All of these people are suspicious. Only one is in custody. Actually there is not a strong suspicion in this incident. It cannot be called as suspicious. The eyewitnesses have minor allegations. Besides there is not any proof in the dossier
Harun AYIK in his testimony stated that; “If the people get calm, they can go out and work, and maybe we can question the witnesses in the venue. We are waiting for secure conditions to be built. We made examinations in the bazaar and in the vehicle. The vehicle belongs to gendarmerie. 3 people alleged to conduct the blast are military intelligence officer and they are in Şemdinli for office. The vehicle is belonging to gendarmerie. Those three person allegedly carried out bombing are gendarmerie intelligence officers and have come to Þemdinli on duty. We have not taken their statements yet. Even it is not clear whether the person in custody put the bomb. The vehicle is 70 m faraway from the bazaar. Probably they did not put the bomb. How can we arrest them? There is nobody saw the person put the bomb. The identity of the person conducted the second attack is known. As I don’t have information about identities of two of three, I don’t have any information whether these people are charge. Anyway this issue is not urgent. We will deal with this issue later. All of these people are suspicious. Only one is in custody. Actually there is not a strong suspicion in this incident. It cannot be called as suspicious. The eyewitnesses have minor allegations. Besides there is not any proof in the dossier
Our committee asked the reason of why the testimony of the sergeant performed the second incident, Tanju ÇAVUÞ has not been taken and the prosecutor said that “we don’t know identity of the person performed the second incident.” When our committee in response to his incompatible statement, asked “you said that you know the identity of this person just before. Is not it a contradiction?” The prosecutor said that “this is allegation of the people.”
In reply to the question of our committee whether the intense blast occurred one day before the festival was realized by same people, he said that “ it is impossible that such incidents to be clarified. Hence it seems difficult perpetrators to be found.”
THE PERSON WHO DOES NOT WANT HIS IDENTITY TO BE REVEALED IN THE REPORT :
A person who does not want us to reveal his identity and wants to share his information and witnessing with us stated that: “I was near the vehicle of the people alleged to conduct the blast. When the baggage was opened, it was seen that there were arms, explosive materials and a file in the baggage. This file included the copies of the trial file of Seferi Yýlmaz, owner of the workplace that the blast occurred, front, back and side photographs of him, a map of the place that the blast occurred, and another map showing the place and its neighborhood that the blast occurred before the festival in our province. As far as I’ve seen the prosecutor determined them. Moreover, the determination was being recorded at that time.
A person who does not want us to reveal his identity and wants to share his information and witnessing with us stated that: “I was near the vehicle of the people alleged to conduct the blast. When the baggage was opened, it was seen that there were arms, explosive materials and a file in the baggage. This file included the copies of the trial file of Seferi Yýlmaz, owner of the workplace that the blast occurred, front, back and side photographs of him, a map of the place that the blast occurred, and another map showing the place and its neighborhood that the blast occurred before the festival in our province. As far as I’ve seen the prosecutor determined them. Moreover, the determination was being recorded at that time.
Kerim KAÇAR (the person that injured by the gunfire and put in the Yüksekova state hospital):
Our committee, at the return of Þemdinli had the opportunity to visit the Yüksekova state hospital and meet 4 injured people. One of these people Kerim Kaçar in his testimony stated that: “I was wounded in my chine and liver in the incident happened at November 9, and so I’m lining in hospital now. However, I want to share my impression which thinks that very important. At the time of the incident happened before the festival and in which 67 workplace have been damaged and many people were injured, I was watching Fenerbahçe Schalke-04 match in the bazaar. It was sixty third minute of the match. We heard of an intense blast sound. When we went out, I have seen that this terrible blast occurred. However, when I was crossing the street in which the blast occurred before the match started, I had seen that there was nobody in the military club. Yet this club has always been very crowded in these hours especially in the days when there is a match. Moreover there was a big screen television in the club. So I doubted that military people might have known about this blast. Also it was doubtful that the military personnel living near the place that blast happened went other places with their families at that night. Therefore I believe that the incident before the festival was also performed by them.”
Our committee, at the return of Þemdinli had the opportunity to visit the Yüksekova state hospital and meet 4 injured people. One of these people Kerim Kaçar in his testimony stated that: “I was wounded in my chine and liver in the incident happened at November 9, and so I’m lining in hospital now. However, I want to share my impression which thinks that very important. At the time of the incident happened before the festival and in which 67 workplace have been damaged and many people were injured, I was watching Fenerbahçe Schalke-04 match in the bazaar. It was sixty third minute of the match. We heard of an intense blast sound. When we went out, I have seen that this terrible blast occurred. However, when I was crossing the street in which the blast occurred before the match started, I had seen that there was nobody in the military club. Yet this club has always been very crowded in these hours especially in the days when there is a match. Moreover there was a big screen television in the club. So I doubted that military people might have known about this blast. Also it was doubtful that the military personnel living near the place that blast happened went other places with their families at that night. Therefore I believe that the incident before the festival was also performed by them.”
DETERMINATIONS:
Our delegation, as an outcome of its thorough investigation and research, has reached the determinations listed below:
• During the incidents occurred in Şemdinli on November 9: deaths and wounding were occurred in the three separate events. Firstly, one person has died as a result of the bomb attack. Secondly, two persons were wounded in shootings during the incidents following the assailants’ taken by the officers. Thirdly, four persons were wounded and one dead as a result of shooting into the people allegedly by specialist sergeant Tanju Çavuþ. <;br /> • According to the statement made by the prosecutor; the car with license plate number 30 AK 933 was belonging to gendarmerie and the three suspected assailants were the Gendarmerie Intelligence Organization members (JÝT).
• Despite the series of eyewitness reports indicating the name, address and official rank of the person who later shot gunfire into the people, the prosecutor said the person is still unidentified. However, our delegation has noticed the contradictory remarks made by prosecutor on this subject.
• The prosecutor took no deposition or testimony of any suspect from both events.
• Having lost their confidence on the people of Þemdinli are now in a wave of indignation due to release of suspects by the security forces.
Our delegation, as an outcome of its thorough investigation and research, has reached the determinations listed below:
• During the incidents occurred in Şemdinli on November 9: deaths and wounding were occurred in the three separate events. Firstly, one person has died as a result of the bomb attack. Secondly, two persons were wounded in shootings during the incidents following the assailants’ taken by the officers. Thirdly, four persons were wounded and one dead as a result of shooting into the people allegedly by specialist sergeant Tanju Çavuþ. <;br /> • According to the statement made by the prosecutor; the car with license plate number 30 AK 933 was belonging to gendarmerie and the three suspected assailants were the Gendarmerie Intelligence Organization members (JÝT).
• Despite the series of eyewitness reports indicating the name, address and official rank of the person who later shot gunfire into the people, the prosecutor said the person is still unidentified. However, our delegation has noticed the contradictory remarks made by prosecutor on this subject.
• The prosecutor took no deposition or testimony of any suspect from both events.
• Having lost their confidence on the people of Þemdinli are now in a wave of indignation due to release of suspects by the security forces.
POINTS THAT NEED TO BE ENGLIGHTENED:
1. Are the persons claimed to be members of Gendarmerie Intelligence Organization (JİT) and caught in the vehicle came to the town on their will or not? If not, how many people were appointed? On what purpose these men were sent to the Şemdinli? Who made those appointments?
2. On what purpose did the persons in the car used the drawn plans of the bookstore into which the bombing attack were carried out? (A copy of this plan was given to a lawyer who were present at the time of the recording the documents and other stuff that were in the car.) Similarly, if those persons were just passing by the venue, why they have the file of Seferi YILMAZ (owner of the bookstore) along with the pictures of Seferi YILMAZ from different perspectives.
3. Why the prosecutor didn’t took testimonies of the suspects in such a case where it is strongly possible that the evidences could be covered up. Are there any reasons preventing the prosecutor not to arrest those suspects? Whether the claims saying that the military forces do not give the suspects to the prosecutor are true?
4. Is it just a coincidence that the plan of the location of a previous bombing wounded numerous people and damaged 67 shops on a day before the last festival and the plan of the bookstore were in the same car? (Such information were gathered from the person that didn’t want his identity to be revealed in this report and at the Car Research Record Sheet. How can this be explained?
5. Why the two persons caught in the car and another one that opened fire into the people weren’t arrested yet. Why, these persons were not still identified despite a large number of security forces officers, authorities and prosecutors were at present at the venue.
6. Did the same persons with the car carried out the bomb attacks made a day before the festival. Did they also carry out other recent bombings that were occurring for a long time in the region?
7. It was claimed by he governor of Şemdinli that the person who threw the bomb were recorded in Hakkari population bureau. Press reports said that the man was an informer, is this information true? If so, is this person were being used for such purposes? Did he also use for similar actions before?
8. Why these security forces officials (who were captured in the car) tried to get away from the venue as other citizens tried to get closer to the place that the blast occurred. (Their getting away was mentioned in all eyewitness reports) Is this the attitude that which is expecting from security forces?
9. How could two of the three person managed to escape from the hands of police after being handed over by the people around. Did these persons’ being JİT members have something to do with police’s releasing of them? Do police have such an authority to release these persons without taking them to the prosecutor? Or was it the prosecutor who ordered their release?
10. Were the hand grenades and Kalashnikov rifles recorded in JİT inventory? Was it recorded that these weapons were given to these persons.
1. Are the persons claimed to be members of Gendarmerie Intelligence Organization (JİT) and caught in the vehicle came to the town on their will or not? If not, how many people were appointed? On what purpose these men were sent to the Şemdinli? Who made those appointments?
2. On what purpose did the persons in the car used the drawn plans of the bookstore into which the bombing attack were carried out? (A copy of this plan was given to a lawyer who were present at the time of the recording the documents and other stuff that were in the car.) Similarly, if those persons were just passing by the venue, why they have the file of Seferi YILMAZ (owner of the bookstore) along with the pictures of Seferi YILMAZ from different perspectives.
3. Why the prosecutor didn’t took testimonies of the suspects in such a case where it is strongly possible that the evidences could be covered up. Are there any reasons preventing the prosecutor not to arrest those suspects? Whether the claims saying that the military forces do not give the suspects to the prosecutor are true?
4. Is it just a coincidence that the plan of the location of a previous bombing wounded numerous people and damaged 67 shops on a day before the last festival and the plan of the bookstore were in the same car? (Such information were gathered from the person that didn’t want his identity to be revealed in this report and at the Car Research Record Sheet. How can this be explained?
5. Why the two persons caught in the car and another one that opened fire into the people weren’t arrested yet. Why, these persons were not still identified despite a large number of security forces officers, authorities and prosecutors were at present at the venue.
6. Did the same persons with the car carried out the bomb attacks made a day before the festival. Did they also carry out other recent bombings that were occurring for a long time in the region?
7. It was claimed by he governor of Şemdinli that the person who threw the bomb were recorded in Hakkari population bureau. Press reports said that the man was an informer, is this information true? If so, is this person were being used for such purposes? Did he also use for similar actions before?
8. Why these security forces officials (who were captured in the car) tried to get away from the venue as other citizens tried to get closer to the place that the blast occurred. (Their getting away was mentioned in all eyewitness reports) Is this the attitude that which is expecting from security forces?
9. How could two of the three person managed to escape from the hands of police after being handed over by the people around. Did these persons’ being JİT members have something to do with police’s releasing of them? Do police have such an authority to release these persons without taking them to the prosecutor? Or was it the prosecutor who ordered their release?
10. Were the hand grenades and Kalashnikov rifles recorded in JİT inventory? Was it recorded that these weapons were given to these persons.
CONVICTIONS:
Our delegation, as an outcome of its thorough investigation, research and interviews, has reached the convictions listed below:
1. All information such as; the eyewitness reports of Seferi YILMAZ, Muharrem TEKİN, Zeydan ÖZEL and Tahir ERBAŞ that indicates the JİT members were seen as getting away from the venue of incident in Şemdinli on Nov. 9, 2005 instead of interfering into it along with other citizens, the three Kalashnikovs, hand grenades and plan of the bombed bookstore that were found in JİT members’ car, one of the suspects trying to escape from the police; focuses all suspicion over these three men.
2. Finding of the plan of the location of a previous bombing wounded numerous people and damaged 67 shops on a day before the last festival along with the plan of bombed bookstore in the same car creates a significant suspicion on these men on whether they have been involved in the other bombings as well.
3. This incident made us believing that an illegal group within the state is still active.
4. JİT officers are still using “informers” who have involved in criminal activities in such operations.
Our delegation, as an outcome of its thorough investigation, research and interviews, has reached the convictions listed below:
1. All information such as; the eyewitness reports of Seferi YILMAZ, Muharrem TEKİN, Zeydan ÖZEL and Tahir ERBAŞ that indicates the JİT members were seen as getting away from the venue of incident in Şemdinli on Nov. 9, 2005 instead of interfering into it along with other citizens, the three Kalashnikovs, hand grenades and plan of the bombed bookstore that were found in JİT members’ car, one of the suspects trying to escape from the police; focuses all suspicion over these three men.
2. Finding of the plan of the location of a previous bombing wounded numerous people and damaged 67 shops on a day before the last festival along with the plan of bombed bookstore in the same car creates a significant suspicion on these men on whether they have been involved in the other bombings as well.
3. This incident made us believing that an illegal group within the state is still active.
4. JİT officers are still using “informers” who have involved in criminal activities in such operations.
CONCLUSION:
Our delegation came to the conclusion that in the incidents arose after the attack against the civilian people; right to life, right to property and right to physical integrity of human beings have been violated.
People of Şemdinli besides losing their reliance on public authority are in indignation because security forces released the suspected people immediately after the incident and did not catch them. In order to overcome this situation and to establish security, mechanisms should be formed urgently.
Our delegation came to the conclusion that in the incidents arose after the attack against the civilian people; right to life, right to property and right to physical integrity of human beings have been violated.
People of Şemdinli besides losing their reliance on public authority are in indignation because security forces released the suspected people immediately after the incident and did not catch them. In order to overcome this situation and to establish security, mechanisms should be formed urgently.
Thus, our delegation found it necessary to make two important calls in the conclusion part of the report:
A Parliament Investigation Committee assigned to investigate this incident should be formed immediately. Otherwise because of the peculiarity of the incident it is probable that the evidences to be covered up.
A Parliament Investigation Committee assigned to investigate this incident should be formed immediately. Otherwise because of the peculiarity of the incident it is probable that the evidences to be covered up.
Because it appeared that it is not possible Şemdinli C. Prosecutor to overcome the incident by himself, it is suggested that ministry of Justice should assign a prosecutor for this incident.
Prime Minister, Minister of Justice, Minister of Interior, and Chief of General Staff should make declarations convincing the public regarding the incident will be investigated seriously.
İHD General Administrative Board Member Att. Abdulvahap ERTAN,
MAZLUMDER General Administrative Board Member and the Chairperson of Association’s Van Branch Att. Abdulbasit BİLDİRİCİ,
İnsan-Der Chairperson M. Yasin HASKANLI,
Contemporary Jurists Association Van Branch Chairperson Att. Murat Timur,
Hakkari Tradesmen and Artisans’ Chamber Chairperson Arif Koparan,
On behalf of the Confederation of Public Sector Trade Unions (Kesk) Hakkari Branches Platform, Health Workers’ Union (SES) Chairperson Ahmet Ediş,
ÝHD Van Branch Chairperson Att. Cüneyt Caniş,
Hakkari Övder Chairperson Übeydullah Dündan,
MAZLUMDER Van Branch Vice-Chairperson Abidin ENGİN,
İHD Hakkari Branch Chairperson Necibe GÜNEŞ,
MEMUR-SEN Hakkari Branch Chairperson Abdulcebbar YAKAR
MAZLUMDER General Administrative Board Member and the Chairperson of Association’s Van Branch Att. Abdulbasit BİLDİRİCİ,
İnsan-Der Chairperson M. Yasin HASKANLI,
Contemporary Jurists Association Van Branch Chairperson Att. Murat Timur,
Hakkari Tradesmen and Artisans’ Chamber Chairperson Arif Koparan,
On behalf of the Confederation of Public Sector Trade Unions (Kesk) Hakkari Branches Platform, Health Workers’ Union (SES) Chairperson Ahmet Ediş,
ÝHD Van Branch Chairperson Att. Cüneyt Caniş,
Hakkari Övder Chairperson Übeydullah Dündan,
MAZLUMDER Van Branch Vice-Chairperson Abidin ENGİN,
İHD Hakkari Branch Chairperson Necibe GÜNEŞ,
MEMUR-SEN Hakkari Branch Chairperson Abdulcebbar YAKAR