JITEM CASE

The file known as the "JITEM case" is being transferred from the Diyarbakır 3^rd High Criminal Court to a "special authority high criminal court". Lawyer Tahir Elçi regards this development as a crucial step for the trial: "The court does not consider JİTEM as an ordinary organization. It was decided that JİTEM is an armed and well-qualified organization aiming to overthrow the constitutional order. So the JİTEM case will be handled at a court in charge".

JİTEM is a clandestine and illegal Gendarmerie Intelligence Anti-Terrorism Unit established in the late 1980s to counter ethnic separatism in the Southeast of Turkey.

The "special authority high criminal courts" have replaced former "State Security Courts" (DGM). There are three courts of this kind in Diyarbakır.

The decision preceding the latest development was taken on 31 December. Lawyer Elçi explained that a hearing can be scheduled once the special authority court will have reviewed and accepted the file. "In my opinion sufficient evidence has been gathered. The court can come to a decision", Elçi indicated.

"My clients have been waiting for justice for 21 years"

Elçi is involved in the case concerning Hasan Caner, Hasan Utanç and Tahsin Sevim from Şırnak (a province on the Syrian/Iranian border in the south-east of Turkey) who were tortured and killed in 1989.

According to information from Elçi, the three males were tortured in the Silopi JITEM headquarters on the directive of JİTEM commander Cem Ersever. After this, the three people were killed at the Nusaybin-Cizre police station. Elçi pointed out that headquarter commander of Silopi Arif Doğan was suspected to be one of the founders of JİTEM in the context of the Ergenekon case as well.

Elçi argued, "The families of my clients have been waiting for justice for 21 years. It has still not be determined which case is in charge of prosecution of this organization".

Transfers from court to court since 1999

10 defendants are tried in the case, stated to be JİTEM personnel by the prosecutor's office: İbrahim Babat, Adil Timurtaş, Mehmet Zahir Karadeniz, Lokman Gündüz, Faysal Şanlı, Recep Tiril, Abdülkadir Aygan, Ali Ozansoy, Hüseyin Tilki, Hayrettin Toka and Hacı Hasan who currently resides in Syria.

The case was originally launched in Diyarbakır in 1999. However, the 3^rd State Security Court decided for lack of jurisdiction and sent the file to the 3^rd High Criminal Court. Again, also the latter court decided for lack of jurisdiction on 13 February 2006 due to the defendants' military status. The file was transferred to the 7^th Corps Military Court. In this latest decision JİTEM was recognized as an existing organization for the first time.

When the military court once more decided for lack of jurisdiction, the file was brought before the Court of Jurisdictional Disputes as a special court of the Constitutional Court. Here it was decided that the case should be tried at a civil court. (TK)