It has been 19 years since the bomb attack against Umut Bookstore in Şemzînan (Şemdinli) district of Colemêrg (Hakkari) on November 9, 2005. The case against the perpetrators, who were caught red-handed by the public, ended with impunity. 

 

The defendants petty officers Ali Kaya and Özcan İldeniz and confessionist Veysel Ateş were acquitted at the trial held on December 20, 2021. The acquittal verdict against the three was upheld on February 28, 2023. While the defendants were acquitted, bookstore owner Seferi Yılmaz was arrested and several lawsuits were filed against him. Yılmaz was imprisoned for 1 year for the case related to the bombing of the bookstore and 22 months for the case filed against him during his term as mayor. He was sentenced to 7.5 years in prison for “membership in an illegal organization” and 1 year and 8 months in prison for “making propaganda for an illegal organization”. 

 

Pointing out that when the perpetrators were first caught red-handed, they were sentenced to nearly 40 years in prison due to public pressure. “As a result of the current AKP government's reconciliation with Ergenekon, JİTEM elements and confessor Veysel Ateş were acquitted after 8 years of imprisonment,” Yılmaz said.  

 

POLICY OF IMPUNITY

 

Reminding that the Umut Bookstore Trial is an important case for Kurds, “Kurds need to learn a big lesson from this trial. The discourse of 'Turks and Kurds are brothers', which has been voiced in Turkish public opinion for years, has been shown to be a fictitious discourse by the sentences given to those who murdered Kurds, and by the impunity policy they implement. What really needs to be discussed is not such discourses, but the principle of equal citizenship. When Kurds are equal to Turks before the law, then it is believed that democratic rights can be granted in Turkey,” he said. 

 

CASE STALLS AT THE AYM FOR 3 YEARS

 

 

Stating that all the incidents carried out by “Jitem” that were publicized, such as Musa Anter, Dargeçit and the “Yüksekova Gang”, were either removed from the public eye with trials that dragged on for years or were acquitted due to the statute of limitations, Yılmaz said: “In addition to these, the Şemzînan case is a concrete example. In a bombing incident that took place in front of the eyes of the people of Şemzînan, despite everything, the perpetrators were acquitted on the grounds that 'there was not enough evidence'. Although for 3 years the case has been at the Constitutional Court (AYM), there has been no development on this issue.”

 

'WE ARE STRUGGLING FOR DEMOCRATIZATION'

 

Yılmaz said that lawlessness has continued in all the incidents since the bombing of the bookstore. He stated that they will continue their struggle against the current lawlessness. Yılmaz stated that Turkey will not be democratized until the unsolved murders that took place in Turkey since the 90s are brought to light and that their legal struggle will continue. 

 

ABOUT THE TRIAL PROCESS

 

A bomb attack was organized against Umut Bookstore in Şemzînan on November 9, 2005. One person lost his life and one person was wounded in the attack. The attackers, non-commissioned officers Ali Kaya and Özcan İldeniz and confessor Veysel Ateş, were captured by local people while fleeing. Military ID cards were found on all three of them. In the car belonging to the perpetrators, three lists with the names of 105 people and four 300-page folders containing sketches, maps, identity cards and permission slips were found among the documents. Another document containing photographs of 18 delegate candidates of the shut-down Democratic Society Party (DTP) was also found in the car.

 

An investigation into the attack in Wan (Van) was launched on November 22, 2005. Ali Kaya, Özcan İldeniz and confessor Veysel Ateş were arrested on November 28. Petty officers Kaya and İldeniz were placed in a military prison. On June 19, 2006, Van 3rd High Criminal Court sentenced Kaya and İldeniz to 39 years, 10 months and 27 days each on charges of “killing, forming a gang and attempted killing”. 

 

The 9th Criminal Chamber of the Court of Cassation overturned the verdict on May 16, 2007 on procedural and jurisdictional grounds upon the objection of the defendant lawyers. During the retrial of the case on September 14, 2007, the court ruled for “lack of jurisdiction” and sent the file to the Van Military Court. On December 14, 2007, the first hearing was held and the defendants were released. On January 22, 2010, the military court decided to send the case file to Hakkari High Criminal Court. 

 

Upon the objection of the interveners' lawyers, the Court of Dispute sent the case file back to Van 3rd High Criminal Court on May 2, 2011, taking into account the amendments made in some articles of the Constitution. The defendants were arrested again on June 9, 2011. On January 10, 2012, petty officers Ali Kaya and Özcan İldeniz and confessor Veysel Ateş were sentenced to 39 years, 5 months and 10 days each for “killing a human being”, “establishing an illegal organization” and “attempting to kill a human being”. 

 

The lawyers of the defendants applied to Van 1st High Criminal Court for a retrial following the confessions of the Van Public Prosecutor Ferhat Sarıkaya after the military uprising on July 15, 2016. On October 11, 2017, the court accepted the retrial request and ordered the release of the defendants.  

 

In the last hearing held at Van Heavy Penal Court No 1, 3 defendants were acquitted of “establishing an illegal organization”. The court also decided to continue the trial on the charges of “killing and injuring people” and released 3 defendants. In the ongoing trial, the defendants were also acquitted of the said charge. The Court of Cassation upheld the acquittal of the defendants despite being caught red-handed. The decision was based on the claim that there was “no conclusive, concrete and convincing evidence”. 

 

An individual application was also made to the Constitutional Court for the sentencing of non-commissioned officers Ali Kaya and Özcan İldeniz, whom then Land Forces Commander Yaşar Büyükanıt had said “I know them, they are good guys”. There have been no developments yet regarding the application made by Yılmaz's lawyers. 

 

MA / Mazlum Engindeniz