VZCZCXYZ0009
PP RUEHWEB

DE RUEHIT #0054/01 0431313
ZNR UUUUU ZZH (CCY AD2210DB MSI9153-695)
P 121313Z FEB 10
FM AMCONSUL ISTANBUL
TO RUEHC/SECSTATE WASHDC PRIORITY 9508
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK PRIORITY
RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEUITH/ODC ANKARA TU PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEKJCS/DIA WASHDC PRIORITY

UNCLAS ISTANBUL 000054 
 
SENSITIVE 
SIPDIS 
C O R R E C T E D COPY CAPTION 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM TU OSCE AR
SUBJECT: DINK TRIAL: JUSTICE DELAYED... 
 
¶1. (SBU) Summary. On February 8, poloff attended the chaotic 
12th hearing of the Hrant Dink murder trial at Besiktas Heavy 
Penal Court.  A "secret witness" was scheduled to provide 
testimony during the hearing but was either "forgotten" at 
home by the police or unable to testify due to the lack of an 
interpreter, according to the trial's judge.  At the hearing, 
a representative for a group of aggrieved families who have 
lost relatives in unresolved murders said the Dink case 
represents an opportunity to uncover those deep forces within 
state organs that have played significant roles in political 
assassinations. The families submitted a petition to the 
Turkish Parliament on February 11, asking it to establish a 
research commission to investigate organized political 
murders committed in Turkey since 1948.  After the hearing, 
Hrant Dink's widow and daughter, Rakel and Delal Dink, 
emphasized to us the solidarity among this newly assembled 
group of families who have suffered through similar "unsolved 
murders."  While the trial is now moving on to its 13th 
hearing in May, there is no indication that it is reaching an 
end, further tarnishing the image of Turkey's justice system. 
 
A Trial with No End 
------------------- 
 
¶2. (SBU) The twelfth hearing of the Hrant Dink murder trial 
took place on February 8 with heavy attendance.  The first 
trial hearing took place on July 2, 2007.  The next hearing 
is scheduled for May 10, 2010. Representatives from the 
Brussels and Paris Bar associations were in attendance, as 
well as the EU Commission's Human Rights representative and 
prominent opinion makers.  A total of 25 suspects were 
present, including five already under arrest (Yasin Hayal, 
Erhan Tuncel, Ogun Samast, Ersin Yolcu, and Ahmet Iskender). 
The arrested suspects sat in the center of the court room 
surrounded by guards, while the remaining suspects and 
witnesses sat or stood amongst the crowd of observers and 
reporters until the judges separated the suspects and 
witnesses.  The atmosphere was tense and several in 
attendance loudly made angry and derisive comments following 
the judge's statements. 
 
¶3. (SBU) The hearing lasted nearly 10 hours and included 
testimony from witnesses and a letter from the chief of 
police in Trabzon at the time of the murders, Ramazan 
Akyurek, stating that the telecommunication information of 
all the police and intelligence officers cannot be delivered 
to the court due to security concerns. One of the Dink family 
lawyers responded that according to law, no documents or 
files related to a crime can be kept secret. 
 
¶4. (SBU) Prior to the hearing's start, EU Commission human 
rights officer, Sema Kilicer, told poloff that an anticipated 
"secret witness" would implicate another person in the 
murder.  However, the secret witness did not appear at the 
hearing due to lack of coordination.  According to Delal Dink 
(daughter of Hrant Dink), the justice asked the Dink family 
why they did not bring the secret witness. The Dink family 
had understood that it was the police's responsibility to 
collect the secret witness from her home. Finally, the same 
justice said that, the court did not bring the secret witness 
due to the lack of an interpreter.  The Dink family 
acknowledged that the witness speaks Armenian better than 
Turkish. 
 
¶5. (SBU) On February 6, newspapers reported that the 
inspection report on the 19 police officials involved in the 
Dink murder case, completed by the Ministry of Interior, 
found no negligence of duty on the part of the police and no 
need for disciplinary action.  The MOI had pursued the 
investigation following a recommendation from the Prime 
Ministry's Inspection Board in 2008. Investigations into 
potential negligence by Jandarma officials continue. 
 
Aggrieved Families Unite for Justice 
------------------------------------ 
 
¶6. (SBU) A noticeable addition to the hearing crowd were the 
family members of 11 victims of unsolved murders, including 
the families of Abdi Ipekci and Ugur Mumcu.  Filiz Ali, 
daughter of the author and journalist Sabahattin Ali, who was 
murdered by unknown perpetrators in 1948, said the Dink case 
represents an opportunity to uncover those deep forces within 
state organs that have played significant roles in political 
assassinations.  Hrant Dink's daughter, Delal Dink, told us 
that such a gathering of families of disparate political 
backgrounds is a first for Turkey. "While not all of the 
murder victims and families share the same political 
leanings, they all share the same horrible experience and 
have the same goal." 
 
¶7. (SBU) The aggrieved families, according to Delal, 
submitted a petition to the Turkish Parliament (TBMM) on 
February 11 requesting the establishment of a parliamentary 
research commission to investigate "organized political 
murders that have been committed in Turkey since 1948." 
Except for Nationalist Movement Party (MHP) who chose not to 
meet with the group, all political parties backed the 
proposal. Upon the issuance of the findings of the TBMM's 
commission on the Dink murder in 2008, the CHP members of the 
commission resigned due to what they felt was an insufficient 
investigation.  This time, Delal said, they hope the 
situation will be different as the families are requesting a 
commission with extensive jurisdiction capable of accessing 
information that is frequently labeled a "state secret." 
 
¶8. (SBU) In a dinner at the Consul General's residence on 
February 10, Delal and Rakel Dink said they suspect the Dink 
murder trial will go on for years because any real findings 
will show that the state is at fault - either for negligence 
or for participation - and "no one wants to be held 
accountable."  Both lament the lack of progress in the case 
and the embarrassment the trial has become for Turkey.  When 
asked what alternative there could be, Delal said the only 
other approach would be to dedicate a courtroom to the case 
where consecutive hearings could take place day after day - 
as is occurring with the Ergenekon trial. But she 
acknowledged this is unlikely.  Unless there is a violation 
in the administrative procedure, the family can only take the 
case to the European Court of Human Rights after the trial 
has finished in Turkey. (Note: Delal explained that the 
family already has a case under consideration with the ECHR. 
One week prior to his murder, Hrant Dink filed a case with 
the ECHR regarding "the right to life" implicating the 
Turkish state for its role in making him a target for death 
threats.  Dink began receiving death threats after the state 
convicted him for violating Article 301 of the Turkish 
Constitution for insulting Turkishness by writing an article 
addressing the Armenian groups obsessed with genocide 
recognition and facetiously using the term "dirty Turkish 
blood." Delal said that the Turkish government's recent 
response to the ECHR was "terrible" because the GOT seemed to 
be hiding behind state institutional procedures. End note.) 
 
¶9. (SBU) Comment:  Despite being 12 hearings into the trial, 
there is no indication of measurable progress.  The number of 
suspects has increased and decreased over the last three 
years and as time continues, telephone records are destroyed 
after the statute of limitation for their use passes. With 
each successive stumble - whether fist fights between 
suspects as occurred in the eighth hearing, allowing 
witnesses and suspects to sit next to one another, or 
forgetting a secret witness - the image and strength of the 
rule of law in Turkey suffers. The Dink family and the 
families of other murder victims are hopeful that the 
parliamentary commission, if formed, will yield some answers 
and empower the Turkish state to improve its image by 
investigating the  role of state institutions in these 
unsolved murders. End Comment. 
WIENER