VZCZCXYZ0001
RR RUEHWEB

DE RUEHAK #1306/01 2041442
ZNR UUUUU ZZH
R 221442Z JUL 08
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC 6908
INFO RUEAWJB/DOJ WASHDC
RUEHVI/AMEMBASSY VIENNA 1700
RUEHBS/AMEMBASSY BRUSSELS 6740
RUEHFR/AMEMBASSY PARIS 5446
RUEHCP/AMEMBASSY COPENHAGEN 0274
RUEHGB/AMEMBASSY BAGHDAD 1285
RUEHMD/AMEMBASSY MADRID 0443
RUEHLO/AMEMBASSY LONDON 3252
RUEHSW/AMEMBASSY BERN 0380
RUEHRL/AMEMBASSY BERLIN 4282
RUEHBS/USEU BRUSSELS

UNCLAS ANKARA 001306 
 
SENSITIVE 
SIPDIS 
 
DOJ/DAAG SWARTZ, OPDAT/ALEXANDRE, OIA/WARLOW 
 
E.O. 12958: N/A 
TAGS: PTER PGOV TU
SUBJECT: TERRORIST EXTRADITION ROUNDTABLE IN ISTANBUL 
 
¶1.  (SBU) SUMMARY:  Top terrorism prosecutors and judges from 
Turkey, Austria, Belgium, Denmark, France, Iraq, Netherlands, Spain 
and Switzerland met in Istanbul, Turkey June 24-26, 2008 to discuss 
their respective practices and overcome obstacles in extraditing 
terrorists.  The meeting, co-hosted by DOJ and Turkey's Ministry of 
Justice, responded to a Turkish request to bring Europeans to Turkey 
for an informal dialogue on problems related to extraditing 
terrorists to Turkey.  EU Coordinator for Counterterrorism, Gilles 
De Kerchove, MOJ Deputy Undersecretary Ahmet Kahraman and Consul 
General Sharon Weiner emphasized the importance of a strong and 
unified fight against terrorism and the much needed tool of 
extradition.  Each country presented its legal regime and practical 
solutions in the extradition of terrorists.  Iraqi judges provided 
insight into the status of prior extradition treaties and the US 
discussed its historical relationship with Colombia in developing a 
strong extradition partnership.  END SUMMARY 
 
Bringing the Parties Together for Meaningful Dialogue 
--------------------------------------------- -------- 
¶2. (SBU) On June 24-26 terrorism prosecutors, judicial officials and 
extradition experts met in Istanbul to discuss how to improve 
cooperation and effective extradition practices with Turkey. 
Turkey's MOJ General Directorate for International Law and Foreign 
Relations had requested that DOJ's first Resident Legal Advisor, 
Suzanne Hayden, provide a platform for key European countries to 
discuss extradition problems related to Turkey.  Each of the top 
terrorism prosecutors in Turkey, the Chief Public Prosecutors for 
Istanbul and Ankara, the Deputy Undersecretary of Justice, Director 
General and judges from the Directorate for International Matters 
represented Turkey.  Europeans included Switzerland's Head of 
Extradition, Spain's Chief Prosecutor, Austria's Head of 
International Penal law and her advisor, Netherlands' National 
Terrorism Officer and extradition expert, Denmark's Chief Prosecutor 
and the Deputy Director for Prosecution of Copenhagen, Belgium's Law 
Enforcement Liaison Officer, and France's Liaison Magistrate.  Each 
country presented its perspectives and practices on the extradition 
of terrorists and the challenges of extraditing suspects to Turkey. 
Turkey provided its experience in overcoming rejected extradition 
requests and discussed the application of its anti-terror laws.  The 
Turkish National Police Intelligence Unit (TNP/I) provided an 
overview of terrorist groups in Turkey and set the stage for 
discussions. 
 
Terrorists in Turkey -- Leftist 
------------------------------- 
¶3. (SBU) TNP/I presented an over-view of leftist (DHKP/C), PKK and 
religiously motivated terrorist organizations in Turkey, including 
historical background and current status.  TNP/I believes that the 
DHKP/C has 150-200 active members and approximately 3,000 
supporters/family members.  All support for the terrorist activities 
of DHKP/C is illegal and any cultural activities organized to raise 
funds in support of the terrorist activities are also considered 
illegal. 
 
PKK 
--- 
¶4. (SBU) TNP described the PKK as the primary rightist terrorist 
group in Turkey, divided into a number of subgroups to camouflage 
its activities.  These include TAK, TTK, DIH, Eastern Turkey revenge 
groups, Kurdish revenge groups and others.  They estimate 2,350 PKK 
members are in Northern Iraq, 800 of whom conduct terrorist 
activities in Turkey from Iraq.  The police described the three most 
significant recent attacks by PKK: a) 22 May 2007 in Ankara which 
killed 9 civilians and injured 91.  The attacker had first trained 
at a camp in the Netherlands and then traveled to N. Iraq; b) 11 
September 2007 when explosives were found in Ankara city center; and 
c) 3 January 2008 attack in Diyarbakir when 7 civilians were killed 
and 90 civilians and 26 soldiers were injured. 
 
¶5. (SBU) TNP described PKK as an organization that has lost its good 
reputation in the past few years because of its attacks against 
Turkish/Kurdish civilians.  From 2000-2008 6,417 PKK members 
submitted applications under the repentance law and 1,205 
surrendered to authorities. 
 
¶6. (SBU) TNP argued that the PKK's connection to Europe is 
three-pronged: recruitment, financing and propaganda.  They asked 
the Europeans for increased cooperation and scrutiny of PKK.  TNP 
has provided intelligence to relevant countries but is frustrated 
because PKK members sought in Europe through Interpol Red Notices 
have not been extradited to Turkey.  They listed five leading PKK 
operatives who have taken refuge in Europe: a) Zubeyir Aydar, Kongra 
Gel chairman, granted asylum in Switzerland; b) Remzi Kartal, member 
of KNR foreign relations unit; c) Riza Altun, formerly "responsible 
for Europe;" d) Nedim Sevin, financial coordinator for the PKK in 
Europe ("the safe"); and e) Mehmet Esiyor, formerly responsible for 
CDK in Russia, currently under arrest in Switzerland for murder. 
 
Religiously Motivated 
--------------------- 
¶7. (SBU) Religiously motivated groups were divided by TNP into three 
types: a) violent (Tawhid, Tagut, Jihad) b) radical religious groups 
which have not resorted to violence to date; and c) 
non-violent-religious orders and sects.  The first group includes 
Al-Qaeda and its affiliates, and Turkey has become both a transit 
point and target for these groups, according to the TNP.  Turkish 
Hezbollah, the most important Turkish religiously motivated 
organization, established in Diyarbakir in 1992, is not related to 
Lebanese Hezbollah.  This group is believed to have killed 
approximately 500 PKK members and operates from Switzerland and 
Germany since its leaders were captured in an operation in Istanbul 
in 2000. 
 
Need for Personal Relationships, Direct Access 
--------------------------------------------- - 
¶8. (SBU) Following the TNP presentation, the various European 
representatives discussed extradition laws and practices.  A number 
of presenters reiterated the need for the requesting and source 
country to be on the same page.    While all began by stating that 
extradition was the same for any crime, several admitted in their 
discussions that extraditions for terrorism required a higher 
standard due to the political sensitivities involved.  Having a 
clear explanation reinforced by precise description of the crimes 
alleged to have been committed assist in determining a state's 
ability to extradite.  Each country urged Turkey to contact the 
requested country and provide a point of contact for further 
information.  The Europeans described EUROJUST as a good tool for 
facilitating the flow of information and stated the need for quick 
access to counterparts for additional information. 
 
¶9. (SBU) The European participants repeatedly raised the need for 
confidence and trust as foundations for successful extradition 
requests.  Each requested state must feel that the requesting state 
will conform to international and human rights standards.  Adding to 
the problem of consistent and fair extradition proceedings, in 
several countries  initial hearings in an extradition case are not 
centrally coordinated .  Therefore, a prosecutor can make an 
uninformed or ad hoc decision without knowing the current 
humanitarian situation in the requesting country. 
 
Examples that work 
------------------ 
¶10. (SBU) Mary Lee Warren, DOJ's Counsel to the EU, described the 
US's efforts with Colombia to overcome a constitutional ban on 
extradition of its nationals, difficulty in transferring proceedings 
to Colombia to try its citizen, and the transition to a fully 
cooperative extradition regime in which the US and others can seek 
and receive defendants for trial.  11. (SBU) Iraqi judges identified 
Iraq's current counter-terrorism laws and stated that the current 
laws -- such as its 1936 extradition treaty with the US, its 1932 
and 1947 agreements with Turkey and its 1983 "Riyadh agreement with 
fellow Arab countries" -- are all still in effect. 
 
The Shield of Asylum Status 
--------------------------- 
¶12. (SBU) Several European participants discussed asylum as an 
obstacle to appropriate extradition and explained that the Council 
of Europe and the EU are aware of that specific problem and are 
working to address it.  Turkey stated that, as a requesting country, 
this was one of the most difficult aspects to understand and 
suggested that individuals who had committed terrorist acts should 
not be given asylum.  A number of countries stated that the issue 
confronting them now was how and under what circumstances to 
withdraw asylum status.  France described the number of individuals 
seeking asylum with obviously forged or false documents and lamented 
there was no way to contact Turkey informally for information on 
their authenticity.  This, too, has resulted in the unintended but 
necessary granting of protected status. 
 
¶13. (SBU) Turkey stated that the most common grounds in rejected 
extradition requests are a) right of asylum, b) political crimes, c) 
lack of dual criminality, d) the perceived potential for torture and 
maltreatment in Turkey.  It pointed out that in the last 20 years, 
only three individuals accused of terrorism have been extradited 
(Orhan Ozdemir (Hizbullah) from Austria in 2004; Mehmet Ittas (PKK) 
from Germany in2007 and Mehmet Esref Kizilay (PKK) from Germany in 
2007). 
 
¶14. (SBU) In all cases, the countries present stated that regarding 
dual criminality, the factual basis and not the nomenclature would 
be judged as the critical element to trigger extradition.  A lengthy 
discussion ensued regarding a scenario in which material support for 
terrorism might not be extraditable under Turkey's terrorist 
financing law, but would under its terrorism law.  Again, Turkey was 
urged to be accessible via email or telephone to discuss the request 
with the requested country's Justice Representative. 
 
¶15. (SBU) COMMENT:  Throughout the three days, the participants 
discussed and compared their legislation and practices and provided 
candid acknowledgement of the strengths and deficiencies of their 
own laws.  In this group, Turkey was the only country to have 
defined "terrorism" pre-9/11.  Countries such as Belgium and Austria 
did not have a terrorism law until 2004.  All of the participants 
reiterated their belief in the importance of the Roundtable as a 
first step and several asked to have a second conference in which 
they would be willing to bring and discuss their files. 
Individually, the European participants related that the Roundtable 
was an important step in showing Turkish authorities that they would 
like to develop a closer and more successful Justice-to-Justice 
relationship. 
 
WILSON