In the case about the PKK youth structure the Erzurum Court found defendant Gültekin guilty of "membership in an illegal organization". The decision was based on evidence such as a text about 1 May, the DTP provincial activities report, İHD statements, conference talks, Newroz statements and the distribution of Gündem newspaper.
The Erzurum 2nd High Criminal Court convicted officials of the pro-Kurdish Democratic Society Party (DTP), accounting instrumental music CDs of world-famous violin virtuoso Dilşad Said for evidence and as one of the reasons of the judgement.
The Elazığ Public Prosecutor's office requested a raid of DTP officials in April and May 2008. The Erzincan DTP group allegedly consisted of members of the "Patriotic Democratic Youth Movement" (YDGH), which supposedly structured the youth of the militant Kurdistan Workers' Party (PKK).
Ağa Karakaya, allegedly responsible for YDGH Erzincan and Erzurum in eastern Turkey, DTP Erzincan provincial chair Hüseyin Bektaşoğlu, Orhan Hamidanoğlu, Mehmet Gültekin, İlyas Kaynun, Semih Tunç and Mehmet Arman were tried altogether in one case.
On 10 September the court handed a 7 years and 6 months prison sentence to Bektaşoğlu, 6 years and 3 months sentences to Gültekin and Karakaya each and a 10 months sentence to Arman. Kaynun, Tunç and Hamidoğlu had been prosecuted under charges of "membership in an illegal organization" and were acquitted.
The court considered evidence such as the "evidence CD number 1", furthermore the "text on 1 May, the DTP's press release on 2 December concerning the party's provincial activities, speeches at a regional meeting, the Human Rights Foundation (İHD), the Newroz investigation in Erzincan, a declaration sent to the Human Rights Foundation's General Headquarters, conference talks and 20 files containing statements about Newroz and other topics".
"Evidence CD number 5" with music from the Iranian Kurdish artist Leyla İşxan, the Kurdish artist Rojda and instrumental pieces of the violin virtuoso Dilşad Said accounted as "attestation" for a criminal offence and a connection to the PKK organization.
The court investigated the administrative structure of YDGH. An evaluation entitled "element of ideology" contains the following statement: "The suspected deputies have submitted documents to present the structure called YDGH as the renewed youth unit of DTP aiming to govern legally, although the structure is not as innocent as they claim".
The court based Gündem newspaper distributor and defendant Mehmet Gültekin's alleged "membership in an organization" on sales reports in Erzincan. His connection was explained in the following way:
"The suspect came to Erzincan with issues of Yedincigün newspaper. After Gündem newspaper had been closed in the Erzincan province, the Toplumsal Demokrasi newspaper was launched in its place. After this one got closed as well, the Yedigün newspaper emerged. There was a circulation of 50 issues initially, rising to 70 pieces afterwards. The suspect said that by improving the work, the circulation could increase significantly and that they are leaving an issue to every household. The court has a report in hand saying that the suspect did not see any danger and disadvantage in his newspapers and that he mentioned that they have to resist against the closures of the newspapers".
The courts "evidence number 7" is also quite interesting, namely a CD with several pictures. The court sees evidence of crime in the pictures. In the court decision the photographs are described as showing some women in a central place having a conversation. (EÖ/VK)