Şırnak death well trials

The Şırnak death well trials are trials in Turkey in relation to the unsolved murders of 55 people in the mid-1990s in the area of Silopi and Cizre in Şırnak Province. It is alleged that the Turkish Gendarmerie unit JITEM was responsible for abducting at least nine people and dumping their bodies in acid wells. It is alleged that this unit was under the command of local Gendarmerie commander Col. Cemal Temizöz, who was commander in Cizre from 1993 to 1995.^[1] Temizöz, who faces nine life sentences, denies the charges. Former Cizre Mayor Kamil Atağ is also a defendant.^[2] The murders have been linked with the Ergenekon organization.^[3]

Background

In 1995, a Cizre public prosecutor had urged that Temizöz and another be tried for "usurpation, limitation of freedoms, and making death threats". Related case files later went missing.^[4]

The 2009 trial was launched after an investigation prompted by testimony from Mehmet Nuri Binzet, the brother of former Cizre Mayor Kamil Atağ.^[5]

Trials

Evidence

The trial began in September 2009,^[6] and various witnesses have presented evidence.^[7][8]

Various witnesses have been pressured to give testimony favourable to the defendants,^[9] including two former district governors of Şırnak's Cizre district.^[10][11] The key witness in the trials, Mehmet Nuri Binzet, was wiretapped discussing a bribe to withdraw his testimony,^[12] and had also been threatened; he later withdrew his testimony.^[13] Two secret witnesses had previously withdrawn their testimony.^[14] Two witnesses said in 2009 that they saw members of the alleged group torture and murder people.^[15] A year later, they attempted to withdraw their testimony, denying that they recalled the incidents and even that they had previously given testimony. Today's Zaman reported that they were "noticeably trembling while testifying in court, which co-plaintiffs take as a concrete sign of intimidation by the suspects."^[16]

In 2010, prosecutors asked to include a book by Cem Ersever (assassinated in 1993) as evidence.^[17] In 2011, the General Staff contradicted Temizöz' alibi for the 1994 murder of Ramazan Elçi, saying he had not been on a NATO mission abroad at the time, but in his district in Cizre.^[18]

A special sergeant accused of a number of murders under Temizöz' command was captured in 2012.^[19] Another member of the same JITEM group was identified in 2012, and a separate trial was launched.^[20]

References

1. "Trial of 'death well colonel' to continue in Turkish civilian court". World Bulletin (in Turkish). Retrieved 29 April 2020.
2. Today's Zaman, ‘Death well colonel’ Temizöz denies Southeast murder charges
3. Today's Zaman, 26 March 2009, Death well colonel, Cemal Temizöz, arrested over human remains
4. Today's Zaman, 18 February 2011, Court to question eyewitnesses about missing Temizöz file
5. Today's Zaman, 1 August 2009, Third witness withdraws testimony against death well colonel
6. Today's Zaman, 9 September 2009, Death well trial to start this Friday in Diyarbakır
7. Today's Zaman, 20 August 2009, Key witness in Temizöz case says HADEP members were buried near Mount Judi
8. Today's Zaman, 10 July 2010, Toros brand car in Diyarbakır meant death for many, says witness
9. Today's Zaman, 16 September 2009, Operations to save ‘death well colonel’ Temizöz revealed
10. Today's Zaman, 21 February 2011, Witness receives ‘instructions’ for Temizöz trial
11. Today's Zaman, 21 March 2011, District governor gets ‘warning’ from Temizöz’s friends
12. Today's Zaman, 16 June 2010, Witness wanted bribe to retract testimony, recording reveals
13. Today's Zaman, 23 September 2009, Death well case witness threatened, say prosecutors
14. Today's Zaman, 7 September 2009, Key witness stands firm behind his testimony
15. Today's Zaman, 7 December 2009, Couple says they witnessed brutal murder by Temizöz
16. Today's Zaman, 25 December 2010, Witnesses tremble in fear at ‘death well colonel’ Temizöz in court
17. Today's Zaman, 11 January 2010, JİTEM suspect confesses to making prayer beads out of human ears
18. Today's Zaman, 16 September 2011, General Staff confirms Temizöz was in Cizre during 1994 unsolved murder
19. Today's Zaman, 27 July 2012, Death well Col. Temizöz’s execution squad leader captured
20. Today's Zaman, 19 December 2012, Second trial launched against JİTEM killers