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May 31,1999
The Trial :  DAY  1-
This material is excerpted from the June 1, 1999 issue of Turkish Daily News 
You can read the day's news at their web page http://www.TurkishDailyNews.com/

apo7.jpg (9934 bytes)Ocalan apologizes, admits guilt 

  • APOLOGY:             'I share the grief of the families of the martyrs...   I apologize. I promise that I will from now on work for the establishment of peace' 
  • OFFER:'For peace and brotherhood at the axis of a democratic republic, I am ready to serve the Turkish state, and I believe that for this end I must remain alive' 

GOKHAN KAZBEK 

Mudanya - Turkish Daily News 

Turkey's number-one public enemy apologized for over 20 years of outlawed Kurdistan Workers' Party (PKK) violence that claimed the lives of over 30,000 Turks, pleaded for his life and declared himself ready to cooperate with the Turkish state for peace at the opening of his trial on charges of treason. 

"For peace and brotherhood at the axis of a democratic republic, I am ready to serve the Turkish state, and I believe that for this end I must remain alive," the chieftain of the infamous PKK gang told the Ankara State Security Court (DGM) No. 2 that is convening on the prison island of Imrali. 

Large segments of the trial of the notorious terrorist leader were broadcast with the approval of the court on the state-owned Turkish Radio and Television Corporation (TRT). 

The trial opened in a converted cinema on the prison island of Imrali, where Ocalan has been the only inmate since his Feb. 16 capture in Kenya by Turkish intelligence and security teams, who whisked him away to Turkey. 

Sitting in a bulletproof and bombproof glass cage, a somber looking Ocalan, who visibly lost weight during his three months under detention, told the court that he had not been subjected to torture or maltreatment. Ocalan also stressed that he was neither insulted nor sworn at during his detention period. 

As Ocalan started to speak after his name was read aloud for the record by the court, several relatives of the victims of PKK violence were heard shouting at the PKK chieftain, "Dishonest man!" The families were carrying pictures of loved ones that had fallen victim to separatist terrorism. 

Apologizing for 20 years of violence staged by the PKK under his command, Ocalan stressed that from now on he would like to contribute to the establishment of peace and brotherhood in the country. 

In addition to the apology, it was noted that Ocalan referred to the people killed by his PKK gang as "martyrs," in sharp contrast to his pre-capture statements encouraging his gang to ruthlessly kill the "enemy." 

"I share the grief of the families of the martyrs... I apologize. I promise here that I will from now on work for the establishment of peace," Ocalan said. 

Besides the families of the victims of PKK terrorism, several members of Ocalan's family were also present at the hearing. 

Ocalan also claimed that the way he was captured made the trial unlawful and accused Greece, Italy and Russia of not respecting international law. Ocalan was captured in Kenya and brought to Turkey after he tried for months to find a country willing to grant him asylum. He spent time in all three countries, but none granted him refuge. 

After the opening statement of Ocalan was recorded by a court secretary, the presiding judge of the three-member DGM panel heard a motion by two of Ocalan's lawyers, Hasip Kaplan and Ercan Kanar, to adjourn the trial on grounds that the government has pledged to reform the structure of the DGMs and remove the military judge in the panel. 

The military member of the three-judge panel of the DGM has been a constant source of criticism in Europe. The European Court of Human Rights and human rights groups claim that due to the presence of the military member on the panel, the court could not be considered independent. 

The Nationalist Motherleft coalition government of Prime Minister Bulent Ecevit has promised to propose reform to remove the military officer from such panels. But such reform would require a lengthy Constitutional amendment process. 

Presiding Judge M. Turgut Okyay rejected the demand for adjournment, saying the court has already ruled that the trial of Ocalan would continue uninterrupted and that even if there were a draft in Parliament for a change in the structure of the DGMs, the existence of such a draft could not be considered a viable reason for adjournment. 

If Parliament amends the Constitution and the structure of the DGMs can be reformed, the military judge could withdraw from the case, officials have said. The judge's likely replacement, a civilian, is already on the prison island. 

Prime Minister Ecevit on Monday rejected accusations that the trial was unfair. "The rights of the defendant and his lawyers are being guarded," he said. "Now it is up to the independent Turkish justice [system] to have its say." 

After the court reaffirmed that the trial would proceed, lawyers Kanar and Kaplan withdrew from the case and the prosecutors began to read the 139-page indictment against the separatist chieftain. 

As Ocalan was standing in front of the court, apologizing and confessing his guilt, the PKK was continuing its separatist terrorist activities in southeastern Turkey. The semi-official Anatolia news agency reported that 10 separatist terrorists were killed in clashes in the provinces of Hakkari, Sirnak and Mardin. The agency said one security official was also killed. 

At Mudanya, the closest mainland town to the Imrali island, on the other hand, relatives of the victims of PKK terrorism rallied in protest of Ocalan and the PKK, chanting "Imrali will be Ocalan's grave." 

Not only the relatives of PKK victims, but almost the entire Turkish nation supports sentencing Ocalan to death on charges that he "seriously endangered the ... indivisible unity of the Turkish Republic." 

Authorities have imposed strict security measures around the courtroom. Warships are patrolling the coast near Imrali, and police helicopters are flying over the beach in Mudanya. 

Lawyers and journalists approved to attend the trial had their retinas scanned for identification Sunday. 

Ocalan formed the PKK in 1978 to carve out an independent, Marxist Kurdish state from Turkey's southeastern Anatolian region, but later moderated that call and began demanding autonomy in the late 1980s. 


Q&A: Ocalan trial at a glance 

The following is a brief look at the trial proceedings against Kurdish separatist chieftain Abdullah Ocalan, who faces the death penalty on charges of treason. 

Q: Where is the trial being held? A: The trial is taking place in a converted cinema on the prison island of Imrali, some 55 kilometers (35 miles) south of Istanbul. Ocalan is the only inmate on the island. Lawyers, journalists, Ocalan's relatives and families of Turks slain in the fighting will be transported to the island each day. 

Q: How long is the trial anticipated to last? A: The trial started on May 31 and is expected to end before a judicial recess on July 20. Trial proceedings are usually lengthy in Turkey, with one-month intervals between each hearing, but the court has decided to hold hearings in the Ocalan trial on consecutive days. 

Q: At which court is Ocalan facing trial? A: Ocalan is standing before the Ankara State Security Court (DGM) No. 2, which decided to continue court proceedings on the island of Imrali because of concerns for the security of the separatist terrorist PKK chieftain. DGMs are empowered by the Turkish Constitution to handle matters relating to national security. A military judge sits on each court's three-member judicial panel. The European Court of Human Rights and human rights groups have criticized the courts, saying they are not independent. The Turkish government is considering removing the military judge from the panel. Such a development, however, requires a Constitutional amendment, and the Nationalist Motherleft coalition government, which came to power only last weekend, has not yet begun the process of trying to amend the 1982 military-engineered Constitution. 

Q: What are the charges Ocalan faces? A: Ocalan has been charged with treason for threatening the unity of the state, which carries the death penalty. He is being held responsible for the death of some 30,000 Turkish nationals who lost their lives in PKK-related violence. 

Q: Is Ocalan's right to defense being recognized? A: Ocalan is represented by a team of team of lawyers. Lawyers representing the families of victims of PKK terror are also attending the trial. 

Q: Is Ocalan provided with adequate security measures? A: On the first day of the trial, Ocalan sat behind a specially constructed bomb- and bullet-proof transparent cage. This arrangement will continue in the subsequent hearings. In addition, the court has ordered beefed-up security controls for all the journalists, relatives of PKK victims, representatives of diplomatic missions, foreign parliamentarians and others who are allowed to attend the court sessions. 

Q: Are there any foreign observers at Ocalan's trial? A: Turkish law on legal proceedings does not allow foreigners or Turks to attend court sessions with the status of observer. Thus, although some foreign parliamentarians are being allowed to attend the court sessions, they are not being given observer status. 


Excerpts from the indictment 

The following are excerpts from the 139-page indictment against Abdullah Ocalan, chieftain of the outlawed Kurdistan Workers' Party (PKK) separatist gang. 

Charge 

"Abdullah Ocalan seriously endangered the ... indivisible unity of the Turkish Republic ... using the (PKK) organization and its members as an intermediary for racial animosity and violence and saw no harm in pushing them to death in the pursuit of an absurd dream." 

Attacks 

"The PKK gangs displayed total savagery in their attacks on civilians, killing women, men, old, young or babies indiscriminately. Some citizens died, burning alive in their houses." 

Foreign support 

"Countries such as Greece, Syria and Iran have ... given the PKK every kind of support while Western countries have provided facilities." 

Drug smuggling 

"It is certain that drug traffickers who gave the PKK a share from the drug trade also received the help of PKK members in the smuggling and selling of drugs." 

Ocalan's 20-year journey from Bekaa valley to Imrali island 


Ankara- Turkish Daily News 

The trial of terrorist leader Abdullah Ocalan kicked off on Monday, putting him at the very center of Turkey's agenda after 20 years of hiding and bloody fighting against the state. 

Ocalan's calamitous journey started on June 2, 1979 when he went to Lebanon via Syria, where the Kurdistan Workers' Party (PKK) found a safe haven, established camps and launched their deadly offensives into Southeast Anatolia. 

Following strong pressure from Turkey the PKK, camps in the infamous Bekaa valley were closed down in 1992. But this did not end Syria's support for the PKK. Ocalan moved to Damascus, finding there comfortable refuge and protection by the Hafiz Assad regime. 

Ocalan's no-return journey started on Oct. 9, 1998 when Syria bowed to Turkey's pressure, solidified with threats of military action, and showed him the door. Ocalan ended up in the hands of Turkish authorities four months later after a breathtaking hide-and-seek game on three continents. 

Here is a brief chronology of Ocalan's journey from Damascus to Imrali: 

Oct. 9, 1998: Ocalan takes a plane from Damascus to Stockholm. He lands in Athens where the PKK representative in Greece, Ayfer Kaya, has obtained consent from Greek officials for Ocalan's arrival. 

Facing a fait accomplis arranged by some parliamentarians and intelligence officers, Greek Prime Minister Costas Simitis orders Ocalan's immediate departure. Ocalan contacts his people in Russia and leaves for this country in the afternoon together with Ayfer Kaya on a private jet allocated by Greece. 

A PKK member codenamed Mahir, a Russian parliamentarian and two Istanbul businessmen meet Ocalan and Kaya in Russia. 

Oct. 11. 1998: Prime Minister Mesut Yilmaz announces that Ocalan is in Russia in a Moscow suburb. Moscow denies this. Meanwhile, Ocalan stays in a two-storey house but at the same time looks for another country to go to. 

Nov. 12, 1998: Ocalan arrives in Rome in the late hours of the day via a Russian airlines upon invitation by Communist deputies. Ocalan is arrested on charges of holding a false passport. Later he is released and settled in a villa in a Rome suburb. Italy rejects extraditing Ocalan to Turkey. A severe diplomatic crisis erupts between Ankara and Rome. 

The pressure on Ocalan mounts and he fears that he may be arrested again on charges of crimes committed by the PKK in Germany and France. He looks for another country to go to. The European countries make it clear that if Ocalan comes he will not be treated in a way different than in Italy. Britain sends a written message to him saying that he is not welcomed in any case. 

Jan. 16, 1999: Ocalan returns to Russia, where Russian intelligence officers give him 10 days to leave the country. Ocalan is caught in a vicious circle and again contacts his supporters in Greece. 

Feb. 1, 1999: Ocalan arrives in Greece for a second time. He is not let out of the airport and is transported to a Greek military base on the island of Corfu. Greek intelligence looks for a country that will accept him. 

Eventually he embarks to the Belarus capital Minsk from where he is scheduled to fly to the Netherlands. However, the plane that will fly him to the Dutch capital does not arrive, and all European capitals make it clear that he is not welcomed. 

Feb. 2. 1999: Ocalan returns to Greece. Desperate to get rid of him, Greek authorities send him to Kenya, where he is sheltered in the Greek embassy compound in Nairobi. 

Feb. 4, 1999: Ankara receives information that Ocalan is in Kenya. The green light is given for an abduction operation. 

Feb. 12, 1999: Greeks receive information that Ocalan must be removed from the Greek diplomatic premises. They fear his location is widely known. Discussions begin to take him to a neighboring country or a Greek Orthodox Church in Kenya. 

Feb. 14, 1999: Kenyan security forces surround the Greek Embassy and ambassador's residence in Nairobi. 

Feb. 15, 1999: Ocalan is taken out from the Greek Embassy and ends up in the hands of Turkish commandos. 

Feb. 16, 1999: In the early hours of the day Ocalan is back in Turkey after 20 years. 



 

DGM indictment details Ocalan's crimes 

  • Prepared by Ankara DGM prosecutors, the document consists of 139 pages in six chapters 
  • The indictment, in which the formation of the terrorist organization, its goal, program, activities and operations are reviewed, envisages the death sentence for the Abdullah Ocalan in accordance with Article 125 of the Turkish Penal Code 

Ankara - Turkish Daily News 

The indictment prepared against terrorist Abdullah Ocalan by Ankara State Security Court (DGM) prosecutors Talat Salk, Nuh Mete Yuksel and Hamza Keles consists of 139 pages divided into six chapters, reported the Anatolia news agency. 

The first chapter of the indictment details the time following Ocalan's transfer to Turkey including his arrest in accordance with rulings handed down in absentia by both the Ankara No. 2 DGM and the Justice Court in Gaziantep. The indictment explains further that several other court actions brought against Ocalan in various cities have been consolidated into a single case file that will be tried by the Ankara No.2 DGM. These separate violations are taken as a whole to be a violation of Article 125 of the Turkish Penal Code (TCK). 

The second chapter is a broad overview of the PKK terrorist organization: its establishment, goal, program, strategy, structure and actions. This chapter includes the minutes of the PKK's first and subsequent conventions; activities in state prisons; suicide attacks; relationship with the Peoples' Democracy Party (HADEP); illegal actions carried out in large cities and its cooperation with Med TV. 

The third chapter details operations conducted by the PKK to date. Included are descriptions of raids carried out by the PKK on inhabited centers; urban activities; hold ups on roads; attacks on economic targets; suicide attacks; assassinations of teachers; attacks targeting tourist areas; and attacks on Turkish military installations. 

The fourth chapter explicates the terrorist acts perpetrated by Ocalan himself; the printed material disseminated by the PKK; statements made during organizational meetings and transcripts of recordings of commands and directives given over the radio, as well as testimony given by captured terrorists. In addition, acts perpetrated by the PKK in cooperation with other illegal crime syndicates and leftist organizations in the Black Sea region and the first raids conducted by the PKK in Eruh and Semdinli are examined in this chapter. 

Ocalan is responsible for all activities 

In chapter four, the PKK's illegal operations are considered within the framework of the Constitution, the relevant laws and international agreements. The chapter states that the members of the terrorist PKK were given combat training in camps located in Syria and Iraq, and were ordered by Ocalan to conduct raids in Turkey. Submitted as corroborating evidence are Ocalan's testimony on this issue, decisions taken during PKK conventions and the speeches made by Ocalan on Med TV. 

The indictment states, "As the leader of an armed terrorist gang, Ocalan is personally responsible for all the illegal actions carried out by this organization," asserting further that every one of these actions committed by the terrorist organization represents a crime as put forth by the Constitution, the TCK and the Law on Terrorism. The report also asserts that provisions similar to those found in Articles 13 and 14 of the Constitution are also included in the European Human Rights Agreement. 

The period from 1984 to 1999 

The indictment states that beginning with the Eruh and Semdinli raids, which took place on Aug. 15, 1984, through to Feb. 22, 1999, there were a total of 6,036 attacks staged by the PKK terrorist organization and 8,257 armed clashes between the PKK and the Turkish Security Forces. During this period, there were 3,071 bomb attacks by PKK militants, 388 people were robbed at gunpoint and 1,046 people were kidnapped. As a result of these attacks, 4,472 civilians, 3,874 soldiers, 247 policemen and 1,225 village guards were killed by the PKK, and a total of 16,362 people were injured. 

In the summary of the indictment it is stated: "It has been determined beyond any doubt that the defendant Ocalan was the driving force behind the PKK terrorist organization, which he founded and organized himself to carve away a piece of land from the sovereignty of the Turkish Republic through his decisions and directives." The indictment ends by requesting capital punishment for Ocalan in compliance with Article 125 of the TCK. 


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