VZCZCXRO8999
RR RUEHAG RUEHAST RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHDA #0028 0581500
ZNR UUUUU ZZH
R 271500Z FEB 07
FM AMCONSUL ADANA
TO RUEHC/SECSTATE WASHDC 4449
INFO RUEHAK/AMEMBASSY ANKARA 0995
RUEHIT/AMCONSUL ISTANBUL 0857
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHEFDIA/DIA WASHINGTON DC
RUEHDA/AMCONSUL ADANA 1052

UNCLAS ADANA 000028 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM TU
SUBJECT: DTP CO-CHAIRMEN SENTENCED TO 1.5 YEARS IMPRISONMENT 
 
 
¶1. (SBU)  Summary:  Two co-chairs of the pro-Kurdish DTP were 
sentenced to 1.5 years in prison for violating laws which forbid 
speaking in non-Turkish languages during political meetings or 
party campaigns, and using honorific titles or phrases praising 
crimes or criminals, such as jailed PKK leader Abdullah Ocalan. 
The co-chairs will likely be barred from politics and not be 
allowed to run in upcoming elections.  Though it is too early to 
assess public reaction, a Consulate contact feared that by using 
the courts as a political weapon against perceived dissent, the 
government was increasing the possibility of a violent backlash 
from Kurds.  These actions by the courts against the DTP 
co-chairs, along with the recent sentencing of the Diyarbakir 
and Van Provincial DTP chairmen on charges of promoting 
separatism, has thrown DTP leadership into disarray at the 
beginning of Turkey's general election season. End summary. 
 
¶2. (U) The media reported on February 26, that co-chairs of the 
pro-Kurdish Democratic Society Party (DTP) Ahmet Turk and Ayse 
Tugluk, were sentenced to 1.5 years of imprisonment by the First 
Criminal Court in Ankara for violating article 81 of the 
Political Parties Law -PPL- 2820, which forbids broadcasting or 
speaking in a language other than Turkish during meetings or 
campaigns of the political parties, and Article 215 of the 
Turkish Penal Code, which prohibits praising a crime or a 
criminal. The DTP co-chairs were accused of two separate 
violations; one of PPL 2820, for printing and delivering 
handouts in Kurdish on the occasion of World Womens Day on March 
8, 2006, and one violation of Article 215 of the Penal Code for 
using honorific titles and phrases addressing and praising 
jailed PKK leader Abdullah Ocalan. The court asked for one year 
of punishment for the first violation, and six months for the 
second. 
 
¶3. (SBU) Attorney and President of the Diyarbakir Chapter of the 
Human Rights Foundation Sezgin Tanrikulu told us that neither of 
the DTP co-chairs have been arrested, and that they would appeal 
to the Supreme Court after the court announces its official 
verdict. Tanrikulu said that, if the sentences became definite, 
the two would be barred from politics and would not be allowed 
to run in the upcoming elections.  Tanrikulu added that it was 
too early to assess the reaction of the people. 
 
¶4. (SBU) Tanrikulu's own assessment was that this was a case of 
the Turkish government using the courts as a tool of politics, 
by trying to "lynch some political figures right before the 
general elections."  Tanrikulu regretted that the government's 
resistance to democratic political solutions were destroying SE 
Kurds' already weak faith in politics and pressuring them to 
choose violence as their sole option. Tanrikulu added that 
seeking solutions through violence was becoming more popular due 
to the state's lack of tolerance for different voices, and the 
imprisonment and punishment of politicians on no solid grounds. 
The recent arrest of the DTP's Diyarbakir and Van Provincial 
Chairmen on charges of promoting separatism, and of many others 
prior to (Kurdish new year) Newroz festivities, along with the 
punishment of the DTP's co-chairs, are actions that do not 
contribute to a peaceful climate, Tanrikulu said.  Diyarbakir 
Mayor Osman Baydemir is facing similar charges in the coming 
weeks. 
 
¶5. (SBU) Tanrikulu added that about ten days ago, the former 
National Chairperson of the pro-Kurdish HAK-PAR (Rights Party), 
Abdulmelik Firat, and its ten administrators were sentenced to 
one year of imprisonment for violating the same article of the 
PPL; for speaking in Kurdish during their party convention. 
Taking into account the defendants' good record and good conduct 
during the hearing, the court had the discretion to commute the 
sentence to a fine or postpone it for three years, but they 
chose not to. Judges have been practicing their discretionary 
rights for those committing crimes against property or life, but 
have never used them in favor of those convicted of "political" 
crimes, Tanrikulu added. 
 
Comment 
------------ 
¶6. (SBU)  During this already-tense election season, many within 
the Turkish establishment seem determined to ratchet up pressure 
on the PKK, and, by extension, the DTP.  These cases also raise 
questions about the willingness of the legal establishment to 
further expand language rights or to liberalize restrictions on 
speech deemed sympathetic to terrorists.  The sentencing also 
increases the likelihood that Ahmed Turk will be removed as DTP 
chairman as part of a wide-ranging leadership change at a party 
meeting on February 28, a move that was rumored to be in the 
works prior to the court decision. 
 
GREEN