After a battle in Daglica, in which 12 soldiers were killed, eight soldiers were taken hostage by the PKK on 21 October 2007. The hostages were released on 4 November, but instead of returning to their families, they were arrested as soon as they returned to Turkey.
Six charges
They have been held in a military prison in Van for 65 days, and now the prosecution has completed its indictment. The eight soldiers stand accused of “praising crime and a criminal”, “insisting on disobeying orders, which led to great damage”, “abetting the crime of destroying the unity of the state and the integrity of the country”, deserting abroad”, “continuously spreading the propaganda of a separatist terrorist organisation in the press and the media”, and “spreading propaganda, making suggestions and announcements in the press and media which alienate the public from military service”.
Private Ramazan Yüce is said to be accused of all six charges. Yüce spoke on the Kurdish Roj TV channel and is known to speak Kurdish. He has been accused of forming friendly relations with the PKK hostage takers, and seeming happy to be there. In addition, Yüce is said to have aroused the suspicion of the other soldiers by telling them “They will release us in 15 to 20 days”, as if he were in the know.
Sergeant Halis Cagan stands accused of three charges, namely “violating the duties of a civil servant”, “insisting on disobeying orders, which led to great damage” and spreading terrorist propaganda in the press and media.” The other soldiers are all charged with disobedience and desertion.
The first hearing of the case will be on 1 February 2008, at the military court in Van.
Lawyers protest against charges
The soldiers’ lawyers have spoken about the accusations. Dincel Aslan, Yüce’s lawyer, said that the charges were extremely serious, and that under Article 28 of the Penal Code, no one could be punished for crimes committed in fear and under threat.
Aslan further said that Yüce had been injured by a piece of shrapnel in his head. He was still being treated, but Aslan said that his client’s head was still bleeding at their last meeting on Sunday (6 January). The lawyer said that he would demand a transfer to forensic medicine.
Furthermore, the lawyer said that he had filed a criminal complaint against the “internethaber” website for claiming that Yüce had been charged with and then acquitted of the crime of aiding and abetting the PKK.
“Yüce is a very successful soldier; before this event, there was even talk of early discharge (as a reward) before this event. He was in charge of operating the radio and thermal camera. Those who really need to be prosecuted are the commanders for weakness of security.”
Ramazan Korkmaz, lawyer for Cagan, said that the charge of disobedience had been added to the charges against his client after he was arrested. The charge of spreading terrorist propaganda was a result of the soldiers’ pictures and utterances appearing in the media.
“My client’s morale is very low; he is crying all the time. He feels that he is being treated unfairly despite the seven years he has served in the army.” Cagan had told his lawyer that he did not act voluntarily.
Kardas: Soldiers are scapegoats
Ümit Kardas, a retired military judge and prosecutor criticised the charges for ignoring the coercion. Like Aslan, he questioned why there was no investigation into negligence on behalf of the commanders for allowing this event to take place.
Kardas argued that the eight soldiers were being used as scapegoats for the event: “There is something covering up any questioning of higher up levels.” (NZ/TK/AG)
