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May 27, 2012
 
 
 
 
 
 

Şemdinli indictment points to controversial protocol

The Umut bookstore, located in Hakkari’s Şemdinli district, was bombed in November 2005.
2 February 2010 / MELIK DUVAKLI, İSTANBUL
An indictment prepared on a bookstore bombing in Şemdinli, Hakkari, in 2005 underlined that the bombing was launched in accordance with the Protocol on Cooperation for Security and Public Order (EMASYA), a controversial document that allows matters of internal security to be dealt with by the military.

Brought into the spotlight by recent debates that flared up after the discovery of a military plan to overthrow the government, EMASYA authorizes the military to conduct operations and intelligence gathering domestically without the approval of the civilian administration. According to the Şemdinli indictment, the protocol lies at the heart of the notorious bombing.

Two noncommissioned officers and an outlawed Kurdistan Workers’ Party (PKK) informant were caught red-handed in November 2005 at a bookstore bombing in Şemdinli. Sarıkaya ordered the arrest of the suspects, who were later indicted and tried in a Van court for “staging acts targeting the unity of the state and the territorial integrity of the country, murder, attempted murder and causing physical injury.” In his indictment, the civilian prosecutor claimed that the suspects had acted in accordance with EMASYA and that they were gathering intelligence about the bookstore.

Sarıkaya also launched a number of investigations into top army commanders, including Gen. Yaşar Büyükanıt, who was then land forces commander and later the chief of general staff. In the ensuing debate, Sarıkaya was disbarred. The three main suspects were given 39-year sentences by a civilian court. However, the Supreme Court of Appeals later declared the case a mistrial and ordered the suspects be retried by a military court. The suspects were released at the first hearing in the military court.

The prosecutor also argued in the Şemdinli indictment that the EMASYA protocol replaced the state of emergency (OHAL), during which the military played a very dominant role in security and civilian affairs in many provinces. “The General Staff and Interior Ministry signed a 27-article ‘Joint Protocol’ on July 7, 1997 in order to prevent a gap in counterterrorism efforts after the abolishment of OHAL,” read the indictment, which also added that the protocol was revised by the General Staff on July 6, 2005. The revised version of the document was forwarded to all departments of the Turkish Armed Forces (TSK), Interior Ministry, Ministry of Defense, all governor’s offices and police departments.

The protocol empowers the military to intervene in social incidents on its own initiative. In accordance with EMASYA, the military can gather intelligence against internal threats.

Sarıkaya also underlined in the indictment that the deployment of noncommissioned officers at the scene of bombing could not be explained within the scope of their duties and responsibilities. Sarıkaya also pointed to the confessions of the three suspects, who stated during their interrogation that they acted in accordance with EMASYA and that they were gathering intelligence about the bookstore.

In the meantime, the Freedom Association (Özgür-Der) called for abolishment of EMASYA in a statement it sent to Today’s Zaman. The association underlined that they were hopeful regarding the abolishment of the controversial protocol after a pledge by the prime minister to that end. Prime Minister Recep Tayyip Erdoğan vowed on Sunday to get rid of the protocol as soon as possible, adding that his government was taking the necessary steps to that end.

 
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