VZCZCXRO8780
RR RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK
DE RUEHAK #6253 3071206
ZNR UUUUU ZZH
R 031206Z NOV 06
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC 9796
INFO RUCNRAQ/IRAQ COLLECTIVE
RUEHDA/AMCONSUL ADANA 1299
RUEKDAI/DIA WASHDC
RUEHAK/USDAO ANKARA TU
RUEAIIA/CIA WASHDC
RUEKJCS/SECDEF WASHDC//USDP:PDUSDP/ISA:EUR/ISA:NESA//
RHEHAAA/NSC WASHDC
RUEUITH/ODC ANKARA TU
RUEKJCS/JOINT STAFF WASHDC//J-3/J-5//
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFIUU/HQ USEUCOM VAIHINGEN GE
RHMFISS/HQ USCENTCOM MACDILL AFB FL
RHMFIUU/425ABS IZMIR TU//CC//
RHMFIUU/39ABG INCIRLIK AB TU
RUEPGAB/MNF-I C2X BAGHDAD IZ

UNCLAS ANKARA 006253 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER PGOV PHUM TU IZ
SUBJECT: COURT OF APPEALS UPHOLDS "EFFECTIVE REPENTANCE" 
FOR PKK MEMBERS 
 
 
¶1. (U) A panel of judges from the Turkish Court of Appeals 
ruled November 1 that PKK members who had otherwise committed 
no crime shall benefit from Article 221 of the Turkish penal 
code, which allows for "effective repentance."  Under this 
article, persons who are members of a criminal gang may leave 
the organization and appeal to the court.  If s/he does so 
and the court determines that s/he has committed no other 
criminal act, the court releases the defendant with no 
further punishment. 
 
¶2. (U) The panel overturned a lower court ruling in 
Diyarbakir, in which the presiding judge claimed that -- as a 
terrorist organzation -- the PKK is different than a 
crimina gang, and thus PKK members could not benefit fom 
Article 221.  The Court of Appeals panel rled that criminal 
gangs also include terrorist organizations.  The Appeals 
Court panel made a similar ruling in an almost identical case 
-- originating from the same court in Diyarbakir -- regarding 
another PKK defendant in March of this year. 
 
¶3. (SBU) Under Turkish law, the lower court in Diyarbakir may 
refuse to implement the Court of Appeals panel's ruling.  In 
that instance, the case would be heard by the full Court of 
Appeals.  This court's ruling would be the final say on the 
matter.  Sezgin Tanrikulu, President of the Diyarbakir Bar, 
told Consulate Adana Nov. 3 that the court there had yet to 
respond to either Appeals Court ruling, but was unlikely to 
seek to overturn it. 
 
¶4. (SBU) Koksal Toptan, Chairman of the parliament's Justice 
Committee, told us Nov. 2 that he agrees with the Court of 
Appeals' decision, and that other courts in Turkey have been 
applying Article 221 in this manner.  Press reports indicate 
that the ruling could serve as a precedent for the 164 PKK 
members who have surrendered to Turkish authorities so far in 
¶2006.  (We have no independent verification of these numbers.) 
 
Visit Ankara's Classified Web Site at 
http://www.state.sgov.gov/p/eur/ankara/ 
 
WILSON