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Cablegate: 11th Dink Trial Hearing: A Call for Files From

VZCZCXRO7360
PP RUEHIK
DE RUEHIT #0403 2951659
ZNR UUUUU ZZH
P 221659Z OCT 09
FM AMCONSUL ISTANBUL
TO RUEHC/SECSTATE WASHDC PRIORITY 9297
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEKJCS/DIA WASHDC PRIORITY

UNCLAS ISTANBUL 000403

SIPDIS

DRL FOR LCAREY

E.O. 12958: N/A
TAGS: PHUM PREL PGOV TU AR OSCE
SUBJECT: 11TH DINK TRIAL HEARING: A CALL FOR FILES FROM
ERGENEKON AND MALATYA

REF: ISTANBUL 48

1. (SBU) Summary. At the eleventh hearing of the Dink
murder trial on October 12, attended by Istanbul PolOff, the
Dink family attorneys requested that Istanbul's 14th Heavy
Penal Court consider files from the Ergenekon indictments
pertaining to a clandestine organization whose alleged
members are currently standing trial in two separate court
cases. Linking a series of murders and violent acts against
minorities over the past three years, the lawyers demanded
that the court request related documents seized during the
Ergenekon probe. On October 16 the Turkish National Police
fired its intelligence chief - former intelligence chief for
Trabzon, where much of the murder plotting was alleged to
have occurred - for not taking sufficient measures to inform
the security officials in Istanbul of the threat to Hrant
Dink. The murder trial is scheduled to continue on February
8, 2010. End Summary.

2. (SBU) At the October 12 hearing of the Dink murder trial,
Dink family lawyer, Fethiye Cetin, linked a series of murders
and violent acts against minorities over the past three years
to the alleged Ergenekon organization's "Psychological Action
Plan" against minorities. Cetin demanded that the court
request related documents seized during the Ergenekon probe.
In her statement Cetin cited the activities conducted by
Ergenekon suspects as responsible for turning "Hrant Dink
into a target for ultranationalist people and groups."

3. (SBU) Five of the eleven murder suspects, including the
alleged triggerman Ogun Samast, appeared at the hearing.
Samast and one other suspect confirmed at the hearing that
the gun confiscated by police following the murder was indeed
the gun they used. High-profile international spectators
also attended the hearing, including EU-Turkey Joint
Parliamentary Commission Helene Flautre; and two lawyers
representing the Bar Associations of Brussels and Paris,
including Alexandre Couyoumdjian, member of the Armenian
Association in the Paris Bar. The trial is scheduled to
continue on February 8, 2010.

4. (SBU) In April 2008, a parliamentary committee
investigating the alleged complicity of security officials
established that the security forces were tipped off about
the plot to kill Dink before the murder but did not act.
Last year the committee also called on high-ranking Jandarma
to testify during the investigation, but none of them
appeared on the scheduled date. Similar details of
complacency were offered in previous hearings (Ref A). On
October 16, the Turkish National Police sacked its
Intelligence Chief, Ramazan Akyurek, after the Prime
Minister's Inspection Council earlier concluded that he,
along with Istanbul Intelligence Chief Ali Fuat Yilmazer,
should be investigated for negligence of duties. The
investigation determined that Akyurek - the former Trabzon
Police Chief - did not take sufficient measures to inform the
security officials in Istanbul of the threat to Hrant Dink,
although he was aware of the plans of Yasin Hayal and Erhan
Tuncel.

5. (SBU) Comment. International presence at the hearings,
combined with the objectives of the GOT's ongoing Democratic
Initiative, may also move the government and state to take
further steps to hold accountable state officials found to be
negligent in prior investigations. Post will continue to
monitor the case and communicate with the Dink family
lawyers, especially with regard to evidence on the potential
link between the Dink and Ergenekon cases. End Comment.
WIENER

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