MARDİN – Lawyer Erdal Kuzu, who said that the statements of a former intelligence officer regarding the JİTEM cases should be accepted as evidence, stated that the files were closed because "it was seen that the state will be punished as a result of the trials".

 

The murders, the dissappearances, burning the villages to the ground and extra judicial executions committed by JİTEM established in the 90's to supress the freedom struggle of the Kurds are being closed one after the other. Kızılağaç Case, the Derik JİTEM Case, the Bespin (Gorumlu) Case, the Kızıltepe JİTEM Case, the Lice Case, the Vartinis Case, the Cizre JİTEM Case and the Kulp JİTEM Case have been closed so far.

 

While the Midyat JITEM Case was stopped while it was being investigated and no law suit was filed, the Dargeçit JITEM Case, which was heard at the Adıyaman 1st High Criminal Court, is the only case in which the trial continues. 

 

A former intelligence officer who spoke to Yeni Yaşam Newspaper about the JİTEM files, which is suspected to have been closed as a result of the AKP's agreement with some groups it formed alliances with after the July 15 coup attempt, explained how the files were closed.

 

Lawyer Erdal Kuzu, who is the lawyer of the victims in many of the JİTEM cases, made evaluations to the Mesopotamia Agency (MA) about these cases, which came to the fore again with the information given by the former intelligence officer.

 

'LAW SUITS WERE FILED AS A RESULT OF SOCIAL STRUGGLE'

 

Drawing attention to how the law suits were filed in JİTEM cases, Kuzu told that all those law suits were filed as a result of social struggles. Underlining that he did not agree with the comments that suggests those law suits were filed cyclically, Kuzu said: "In the 90s, there was a process in which very serious violations of rights and violations of the right to life were experienced, and this would express itself somehow, somehow the truth would emerge. What forced their hand to file those law suit was the struggle. The struggle of the families and non-governmental organizations. The democratic openings also helped those files to be opened. The prosecutors were acting more freely."

 

'WHAT THE FAMILIES SAY'

 

Referring to the process of filing the lawsuits of the JİTEM cases in Mardin, Kuzu stated that the investigations could be expanded with the acceptance of the demands. Noting that materials have emerged in such a way as to understand the crimes were committed by the state just like the families and their lawyers have been saying for years, Kuzu said that the indictments were in contact with the facts.

 

'JITEM IS AN INSTITUTION OF THE STATE'

 

Emphasizing that JITEM is not a structure that is independent of the state and created without the knowledge of the state, Kuzu said that JITEM is an illegal method of struggle that the state created for Kurds in the 90s. Kuzu noted that JİTEM was established and managed by the state itself, and that all of the state's official personnel are associated with this structure.

 

Saying "This was a war device," Kuzu reminded that JITEM was founded by the state was proven by official documents.

 

'THE FILES WERE CLOSED AS A RESULT OF AN AGREEMENT'

 

Kuzu stated that the lawsuits filed after years were closed due to the conjunctural change and continued as follows: “Is it the result of the government's agreement with people who are called nationalists or who have connections with JİTEM? It turns out very clearly that it is. When we look at the finalization of the cases, it was very clear both in the cases we followed and in the other case files that the courts refrained from prosecuting and that they showed an attitude towards closing these cases as fast as possible. It also turns out that this is probably the result of an agreement.”

 

'THE STATE DIDN'T WANT TO PROSECUTE ITSELF'

 

Expressing that during the trials it was seen by the state that if they prosecute the files properly, the state will be the one to be punished and they didn't want that to happen, Kuzu underlined that the defence of those who stood trial was always 'We did it for the state' and it was the proof of this. Underlining that the closure of these cases were a state decision, Kuzu told that the same mentality continued today. Stating that the state does not like to comfront with itself, Kuzu told only a state of law could do that.

 

'PROSECUTORS MUST CONSIDER THE STATEMENTS OF THE FORMER INTELLIGENCE OFFICER AN EVIDENCE'

 

Stressing that the statements of the former intelligence officer whos poke to Yeni Yaşam Newspaper was very important, Kuzu said the prosecutors must take action. Stating that he does not expect prosecutors to take action in the current situation of the judiciary, Kuzu said: "This person must apply to the prosecutor's office in any country he is in if he is sincere. 

 

We are also evaluating among ourselves whether this person's statements have an impact on our files. We will probably present this person's statements as evidence in pending cases. The fact that the person is a former intelligence officer makes his statements even more important in this sense. What they say is a clear proof of how politicized the law in Turkey is. It is also proof that the rule of law remains only on paper. I think that 90 percent of the society is already aware that this is the case.”

 

MA / Ahmet Kanbal