Turkish Probe on Gazi-Trial

[ozgurluk at xs4all.nl]

16 August , 1998, Turkish Probe issue 292

The Gazi trial proceeds laboriously 

Initial incident : The men were in a coffeehouse watching a football
match on television when a car drove by and sprayed bullets into
them. This was the initial incident that triggered the Gazi uprising.
Change of venue : Trabzon was thought to be the best site for the
trial. It couldn't be farther from the friends and families of the
Gazi victims or, for that matter, farther from the press.  Silent
politicians : Where are the politicians who spoke of outside
'provocateurs' back in 1995? Why don't they name names if they know
something?



NIKI GAMM 

It is Sunday, March 12, 1995. The sun has set in
Istanbul. Sixty-seven-year-old Halil Kaya, who sleeps at the cemevi*
in the Gazi district, is sipping tea in the Dogu Coffeehouse, where he
has just arrived. A car with a taxi license plate approaches the Dogu
Coffeehouse, and a hand emerges from the window and pulls the trigger
of a gun. The car that has wreaked havoc in three other coffeehouses
along the way disappears as suddenly as it came. As a result of the
gunfire, Halil Dede** is shot dead in the chair in which he sits, and
many others in the coffeehouse are wounded as they watch a match on
television.

The time is 10:00 p.m. and people pour into the street, trying to
understand the meaning of the rifle shots. They are stunned by the
sight they encounter. Halil Dede and the wounded people lie on the
floor in a bloodbath, and there are scattered pieces of glass, fallen
chairs, a stove that has been riddled with bullets and the dazed
expressions of the people who escaped with their lives.

People recall the identity check conducted in the coffeehouses just a
half hour before the attack. Word spreads that although the police
were on alert to secure the neighborhood, the car from which the
gunned attack was staged was not stopped by security officers... The
crowd marches to the Gazi police station. The officers in the station
call for extra help as the crowd swells. Panzers and mobile striking
forces arrive. But according to the testimony of eye witnesses, they
enter the Gazi neighborhood firing bullets into the air and into
houses. Thus begin the events that serve to further provoke, rather
than calm, the situation.

What enraged the people of Gazi ? 

Mehmet Gunduz was born in Erzurum in 1958. He has three children and
works at construction sites in Istanbul. That night, he hears an
account of the events on television, and according to the statement of
his wife, he starts to worry about his friends and relatives. He goes
out and meets the crowd around the prayer house. He is shot dead in
front of the prayer house by panzers at about 4:30 a.m. With increased
rage, the crowd marches toward the police and the panzers. The police
fire on the crowd to make it disperse, and the crowd's aggressive
behavior causes a further flare-up. The events continue into Monday,
March 13. A curfew is declared in the Gazi neighborhood and soldiers
arrive at the site of the incident.

Not a confrontation between Alawites and Sunnis 

During the events that took place on March 12-13 in the Gazi
neighborhood, 23 people lost their lives and over 100 were
wounded. Efforts to portray the event as a confrontation between
Alawites and Sunnis, because of the large Alawite population in the
neighborhood, have been fruitless. Everything happened before the eyes
of millions of people. All TV channels broadcasted the events live,
including the latest developments. People who watched the events on TV
witnessed everything that happened in the Gazi neighborhood. There
were scenes of uniformed and civilian police officers hiding behind a
wall, choosing their targets and then firing on people; they caught a
girl by the hair, dragged her on the sidewalk and tread on her
repeatedly. Others dragged wounded demonstrators along the ground and
hit people on the head with billy clubs. These scenes are seared into
the memories of people who watched the Gazi events on TV.

The opening of the Gazi trial 

Lawsuits were filed on behalf of the people who demonstrated, and
court cases begun immediately, but the trials of the guilty police
officers were obstructed numerous times. When a tragedy like this
occurs in a democratic country, there is usually a speedy
investigation to determine who the guilty parties are and what might
have motivated them. All the necessary information is collected and a
prosecution begun. However, the court case involving the Gazi massacre
started only after a very laborious process. According to information
obtained from lawyers and from court records, the events proceeded in
the following way.

The Istanbul Eyup Chief Prosecutor opens a case at the Eyup Court of
Serious Crimes demanding punishment for the crimes of "deliberately
killing and wounding people for reasons that go beyond self-defense,
and killing people in such a way that the culprits cannot be found."
However, the office of the governor asks that the case be handled at
another court, citing "public security." The Supreme Court transfers
the case to Trabzon.

The Trabzon Court of Serious Crimes asserts that the crimes were
committed "on administrative duty," and, citing the law regarding the
status of state officials, it obtains a decision "to stop the case."
Certain of the accused police officers who had lodged a complaint
object to the stopping of the case. The ensuing confusion is rather
interesting. It is clear that the First Punishment Section of the
Supreme Court returned the case file without scrutinizing it. Lawyers
find out that the Supreme Court Chief Prosecutor has applied to the
Punishment General Committee to revoke the decision of the First
Punishment Section. The Committee states that the objection to the
decision to stop the case should be filed at a superior law court, and
this time the file is sent to the Rize Court of Serious Crimes because
of its proximity to Trabzon. This court adopts the opinion of the Rize
Chief Prosecutor and cancels the decision to stop the case. Finally,
the Gazi case is getting under way.

This time the families of the people who died in the incident raise an
objection. Stating that they came from Istanbul to follow the case
despite economic difficulties, they ask that the case be moved to a
court closer to Istanbul, and the file is once again sent to the
Supreme Court. The Tenth Punishment Section finds the relatives'
demand for a change of venue inappropriate. It backs up its decision
with the following justification, "According to the laws regarding
procedure, material hardship cannot be a reason to transfer a case."
In brief, the case that was transferred to Trabzon as a result of the
state's demand cannot be moved to Istanbul in response to the the
citizens' demand. Lawyers interpret this situation as a double
standard. It raises the question as to whether "justice operates
differently for the state than it does for the citizens."

The present situation 

When the case that began with a record delay is reopened, people make
the trip from Istanbul to Trabzon, notwithstanding the financial
hardship. The Gazi events are still unresolved, despite the time that
has elapsed.  Statements by eye witnesses shed light on only part of
the case, and only then on its more blatant aspects.  The trial of 20
police officers, two of whom were arrested, continues while the
presiding judges change. In fact, suspects are left to go free in
limited numbers.

The court statement of Zulfu Livaneli, who gave eye witness testimony
at the eleventh hearing, was not transcribed as part of the court
records on the objection of lawyers for the accused that it contained
Livaneli's "interpretation" of the events. Lawyers for the accused
objected to Livaneli's statement: "When we were working at the
Milliyet newspaper, we heard of the events and went to the site of the
incidents with Umur Talu and Yalcin Dogan. We saw that people were
tense. I was told that there was a demand for soldiers to come to the
place of the incident because of the lack of confidence in the
police. They asked for the soldiers. There was a big turmoil. We made
some speeches to pacify the people. While I was there, I did not
witness guns being fired and people being shot. I learned about this
when it was shown on TV. I have confidence in the court. I believe
that justice will be served in an incident where 23 citizens lost
their lives."

As the trial was postponed to Sept. 8, there was a demand for a
hearing involving certain witnesses and evidence. As a result of that
hearing, it was decided that two police officers, Adem Albayrak and
Mehmet Gundogan, would continue to be kept under arrest and that the
other accused police officer, Isa Bostan, would be released.

In a statement to the press after the hearing, defense lawyer Remzi
Kazmaz said, "Once again we have failed to find justice in Trabzon
after a trip of 2400 kilometers. The people who arranged to have the
Gazi case tried here are the ones who want this criminal organization
and organizations like it forgiven. But we'll never forgive them."

The Gazi incidents have not been forgotten 

When those living in Gazi relate their experiences since the
incidents, they say that just residing in the quarter has made them
feel guilty. One young man with whom we spoke said: "Wherever I go to
look for a job, they refuse to give me one when they learn where I
live. They behave as if I were one of the guilty." A young girl who
lives in another quarter says:"The police are frequently on patrol in
our area. We are treated like terrorists all the time."

A member of one of the families who lost a loved one in the Gazi
incidents states: "The defendants in the tenth hearing at the Trabzon
court said that the people of Gazi are without honor. Everyone who
lives in Gazi is more honorable that the murderers who have blood on
their hands. However, even our people can be insensitive.  Everyone is
a witness for those who live in Gazi, but there are those who can be
extremely silent. That the case has not made any progress in the
courts for the past three years shows this. Those responsible for what
happened in Gazi are not the people of Gazi.

"Tansu Ciller, who was prime minister at the time, has said: 'Behind
every successful person are those who want to prevent this. If the
incident was not provoked, how could that many people have gathered in
such a short time?' We have seen how successful her own government
was, and it came out how criminal organizations involved in the
provocation were abetted.

"Still, Motherland Party (ANAP) General Chairman Mesut Yilmaz was in
the opposition at that time. He also said, 'We call on everybody not
to be carried away by these provocations but to let this game come to
naught.  The day is togetherness day. If we as ANAP can contribute to
this to whatever extent, we are prepared to do this.' The people of
Gazi have silenced and shamed those who say that it was a clash
between Alawites and Sunnis. We have achieved unity among ourselves
and togetherness. We have kept hearing promises from these
people. Now, when he is prime minister, do you think he desires to
pursue the court case? Why doesn't he make matters easy for those of
us who go to Trabzon? After all there's his promise...

"Husamettin Cindoruk, who is a partner in this government, also said
at the time: 'Those who perpetrated this inimical incident are not
Turkish citizens; they have come from outside. Their goal is to pit us
against each other, and they are trying to destroy secularism and
national unity.' My daughter was one of those who died. I expect
Husamettin Cindoruk to reveal what he knows about the incidents. If
someone has had a hand in these incidents, let it be known so that my
pain may become somewhat lighter. We have been told that our memories
are poor, since so many empty words have been spoken. But as citizens
our memories are intact. The people who have lost their memories are
the political parties pursuing power and their representatives. Even
if the Gazi court case continues until I die, I will pursue it, and if
my hands and feet fail me, I will tell those near to me, 'Take me on
your back.'"

* A cemevi is a place of worship, as well as a cultural center for
* members of the Alawite sect.

** A dede is an elder member of the Alawite sect.

-- 
Press Agency Ozgurluk
For justice, democracy and human rights in Turkey and Kurdistan!
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