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RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 02 ISTANBUL 000380 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL TU
SUBJECT: ERGENEKON INDICTMENT FINALLY FILED WITH COURT 
 
REF: A. ANKARA 1217 
     ¶B. ANKARA 1194 
     ¶C. ANKARA 1170 
 
ISTANBUL 00000380  001.2 OF 002 
 
 
¶1.  Summary. Istanbul Chief Prosecutor Aykut Cengiz Engin 
announced today that his office has submitted the so-called 
"Ergenekon Indictment" to Istanbul Heavy Penal Court No. 13. 
He said 86 suspects have been charged, 48 of whom are 
currently in custody. Engin also announced that 36 of the 
people who were detained and released during the 
investigation will not be prosecuted. Although the court has 
15 days in which to decide whether to accept the indictment 
as legally sufficient, observers are certain that the court 
will do so. End Summary. 
 
------------------ 
Wide-Ranging Crimes Alleged 
------------------ 
 
¶2.  The suspects are charged with violating the Constitution 
(Turkish Penal Code 309/1); acquiring information on state 
security (TPC 327/1); recording personal information (TPC 
135/1); provoking the public to hatred and animosity 
(TPC 216/1); qualified damage to property (152/2a); 
possessing explosive material (174/3); armed revolt against 
the 
GOT (TPC 313/1); prevention of the exercise of political 
rights TPC 114/2); establishing an organization for 
committing a crime (TPC 220/1-8); and provoking military 
disobedience (Military Penal Code 319/1). Among the predicate 
acts contained in the indictment, according to Engin, are the 
murder of a Danistay (high court) judge in 2006 and the 
recent bombing outside the Istanbul headquarters of 
Cumhuriyet, the leading secular-Kemalist newspaper (Ref B). 
The prosecution is demanding sentences of 27 to 61 years. 
 
¶3.  Although Engin did not claim that the defendants have 
been charged with any terrorism-related crimes, he did say 
that the indictment accused them of being members of a 
terrorist organization. Engin explained that the term 
"terrorist organization" should be read in the context of 
Article 1 of Anti-Terror Law no. 3713 ("Terrorism is any kind 
of act done by one or more persons belonging to an 
organization with the aim of changing the characteristics of 
the Republic as specified in the Constitution, its political, 
legal, social, secular and economic system, damaging the 
indivisible unity of the State ..."). While this accusation 
undoubtedly is intended to advance some strategic trial goal, 
its relevance to the case is not yet clear. 
 
¶4.  The court has 15 days in which to accept the indictment. 
The indictment will remain under seal until it has been 
accepted. While it is theoretically possible that the court 
will reject the indictment as insufficient, the court is 
generally expected to accept the case. 
 
------------------------------ 
Further Charges to Follow? 
------------------------------ 
 
¶5.  The prosecutor also said that issues related to the Ornek 
"coup diaries" (Ref C) are not included in the indictment. 
Sources indicate that this implies that the former First Army 
Commander Hursit Tolon and Former Jandarma Commander Sener 
Eruygur, Ataturk Thought Association Chairman Sinan Aygun, 
and others of those arrested after the July 1 operations, are 
not named in this indictment. It is rumored that there will 
be a "supplementary indictment" for them. 
 
--------- 
Reactions 
--------- 
 
¶6.  Reacting to previously published criticism that the 
indictment was filed with a months-long delay after the first 
suspects were jailed, Engin noted that the indictment 
comprises 2455 pages, charges scores of people, and follows 
an extensive investigation that included the examination of 
hundreds of thousands of pages of documents (a more modest 
estimate that the six million page claim noted in Ref A.) 
 
¶7.  Reactions from the media and political figures were, not 
unexpectedly, mixed.  Mustafa Karaalioglu, editor-in-chief of 
 
ISTANBUL 00000380  002.3 OF 002 
 
 
the pro-government Star newspaper, said in an interview with 
NTV that the indictment showed how serious the "Ergenekon" 
threat had been. "Obviously, this is an unprecedented case, 
so it's important and special."  Meanwhile main stream, 
anti-government Vatan editor in chief Rusen Cakir claimed the 
indictment when unsealed would not meet expectations. "The 
bar was set too high by the press prior to the indictment." 
Cakir also said that he would look to see whether incumbent 
military officers were included in the indictment. 
 
¶8.  Ozdemir Ozok, President of the Turkish Bar Association, 
criticized the prosecutor for not acting "within legal 
limits" and for making an announcement before the indictment 
has been accepted by the court.  He also said the 
prosecutor's statements raised doubts about how confident he 
felt about the indictment. "It is very wrong that he tried to 
bring a new definition to terror.  Terror is terror, and his 
attempt shows that he is not convinced," he said. 
 
¶9. AKP Parliamentary Group Vice Chairman Bekir Bozdag denied 
allegations the AKP government was involved in the 
investigation process. "This is an investigation that the 
prosecutors are carrying out independently."  CHP 
Parliamentary Group Vice Chairman Hakki Suha Okay criticized 
the indictment's alleged link to the Danistay killing. 
"There's already a case going on in Ankara on the Danistay 
incident. If they had evidence of a link, why didn't they 
give this to the court in Ankara?" CHP Vice Chair Mustafa 
Ozyurek sarcastically observed, "The mountain gave birth to a 
mouse." 
WIENER