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Investigation into massacre against Kurds dismissed by Turkish army

Bahoz

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What we can conclude is that it is an 'inevitable' part of mistakes of the Turkish military to kill civilians. Or what? Good to see that even Turkish medias cite the incident as what it was - a massacre against civilians.



RIGHTS - Turkish military prosecutors dismiss investigation into Uludere massacre
Turkish military prosecutors dismiss investigation into Uludere massacre

The General Staff’s Military Prosecutor’s Office has dismissed the investigation into the Uludere/Roboski massacre, in which 34 civilians were killed in an air strike, saying in its ruling military officers have made an “inevitable” mistake while performing their duty.

The decision for the raid was made following a meeting of the top brass at the General Staff, military prosecutors also said, thoroughly detailing the process of the decision-making in the ruling.

Following the approval at the senior commanders’ meeting, the decision was then submitted to the Chief of General Staff, who was attending a meeting of the National Security Council (MGK), military prosecutors said.

“A map has been sent to the [Chief of General Staff’s] office, the air operation was approved by the General Staff and all these procedures were finalized around 8 p.m.,” the ruling said.

The air strikes eventually carried out near the Turkish-Iraqi border in the village of Uludere in the Şırnak district on Dec. 28, 2011, cost the lives of thirty-four civilian villagers after they were allegedly mistaken for outlawed Kurdistan Workers’ Party (PKK) militants as they smuggled goods into Turkey.

“It was understood the actions of the members of the Turkish Armed Forces involved in the incident did not necessitate opening a civil law suit, as they fell into an inevitable error while performing their duty in line with the Parliament’s and Cabinet’s decrees,” military prosecutors said in the ruling.

It also said military aircraft dropped four bombs on the villagers during the airstrike, which ultimately resulted in the most tragic massacre in Turkey’s recent history.

Bar readies to contact ECHR
The decision outraged relatives and lawyers as the Diyarbakır Bar Association announced they will appeal to the European Court of Human Right if their individual complaint to Turkey’s Constitutional Court bears no fruit.

“We had already said the [prosecution] could not be carried out objectively and neutrally by a military prosecution. Therefore, although this is an unacceptable decision in terms of justice, it was not a surprise for us,” Diyarbakır Bars head Tahir Elçi said in a press statement.

“We will use every legal path: internal, as well as external mechanisms,” he said.

The co-chair of the People’s Democratic Party (HDP) Sebahat Tuncel also blasted the decision as a new blow to the search for justice.

“For two tears, the mothers and fathers [of the victims] have launched a walk for justice, traveling across Turkey and even going to Parliament. The state wanted to pay compensation, but they refused, asking for justice,” Tuncel said.

“Forgetting the massacre means forgetting humanity. Forgetting justice means forgetting peace,” Tuncel added, referring to the ongoing Kurdish peace process.

Tuncel alleged the prime minister was the one who gave the final decision. “Will you try the prime minister? It is understood that the government and the military have made and agreement and the truth will be covered."

‘Killer state cleared again’

The decision caused outright outcry after it was announced by a relative of victims via Twitter earlier Jan. 7.

“The investigation into Uludere has been finalized. It was ruled to dismiss the charges. It was said that the Turkish Armed Forces were not at fault,” said Ferhat Encü, who lost two brothers and other nine relatives in the airstrike.

The government has been widely criticized for the approval of a report drafted by a sub-commission of the Human Rights Inquiry Commission that cleared the army in the massacre.

The Parliamentary report issued on March 2013 after 15 months of inquiry concluded no evidence was found to prove the attack was intentional. It eventually decided “poor coordination” between the army and intelligence as the main reason behind the deaths.

Last June, a civilian court in Diyarbakır conducting the investigation issued a controversial decision of non-jurisdiction on the case, transferring it to military prosecutors.

The CHP’s Kurdish deputy head said Prime Minister Recep Tayyip Erdoğan should be held responsible for the situation in the first degree, while Chief of General Staff Gen. Necdet Özel should be counted as responsible in the second degree. “They are acquitting each other,” Tanrıkulu said.

“In the statement I made a year-and-a-half ago, I said, ‘the Diyarbakır court will rule on non-jurisdiction, the military court will dismiss the investigation.’ We now see all that happening,” Tanrıkulu said.

Encü attested via Twitter after speaking with his lawyers who checked and confirmed that the probe had been dismissed.

“The killer state has been acquitted once again. What can be said? We have been fighting for two years, howling for a conscience. Does anyone hear?” Encü asked.

‘Erdoğan will be tried for war crimes’

Citing a decision from the European Court of Human Rights (ECHR), Tanrıkulu argued Erdoğan may even be tried for war crimes at an international tribunal.

“The ECHR said such an operation was even contrary to the laws of war. I am claiming Prime Minister Erdoğan will sooner or later be tried at the International Criminal Court for this incident as someone who has committed crimes against humanity,” Tanrıkulu said.

Peace and Democracy Party (BDP) co-chair Selahattin Demirtaş accused Erdoğan of knowing who gave the instructions for the air strike.

Erdoğan has met with families of the Roboski massacre victims during a fast-breaking dinner in July, where he reportedly said he was not the one who had ordered the strike.

The dismissal of the investigation also comes amid an ongoing Kurdish peace process that seeks to bring a solution to the four-decade long conflict.
 
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Everybody in Turkey condemns this incident,except AKP.

But the the title is very misleading.....Like Turkey systematically massacred Kurds. :disagree:

Not everybody obviously.

Well that is what you can lead out from their statements. They basically said it was inevitable... It is their words, not mine.
 
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Are you surprised ? Its another @Bahoz masterpiece :) Good thing that no one takes that brat takes serious tho

Im a brat and the masterminds behind Roboski massacre are angels right? Contribute or stop posting in my topics.
 
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Let NATO turks and kurds fight to death
 
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Im a brat and the masterminds behind Roboski massacre are angels right? Contribute or stop posting in my topics.

Your choice of words are very poor and i won't hesisate to slap everyone of them in your face.

By saying "mastermind" you are implying that this was not an incident but a pre-planned attack on civilians.......

Stop the non-sense propaganda, everyone here can see what you are doing.
 
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Your choice of words are very poor and i won't hesisate to slap everyone of them in your face.

By saying "mastermind" you are implying that this was not an incident but a pre-planned attack on civilians.......

Stop the non-sense propaganda, everyone here can see what you are doing.

If it was no mistake then why are have they been so hesitant investigating the incidence for two years? Again, like everything else in the case of justice in Turkey, if they have nothing to hide then why not bring on the investigation? What are they afraid of? What are they hiding?

Someone gave the order. Investigate who gave the order and investigate on what basis the person gave the order.
 
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If it was no mistake then why are have they been so hesitant investigating the incidence for two years? Again, like everything else in the case of justice in Turkey, if they have nothing to hide then why not bring on the investigation? What are they afraid of? What are they hiding?

Now you are talking different... first you implied the incident was pre-planned (by saying mastermind). Now you are saying, mistake.

We are saying the same thing, it was an operational mistake, not an operation to kill civilians.

Someone gave the order. Investigate who gave the order and investigate on what basis the person gave the order.

General Chief of Staff, Necdet Özel gave the order.

On this basis he gave the order :

Tatvan sınır hattında görev yapan İHA’nın bu görevinin bitmesinden sonra 2. Ordu Komutanlığı İstihbarat Başkanı Albay Aygün Eker’in Düğün Dağı bölgesinden Çukurca bölgesine kadar sınır hattında keşiffaaliyetinde bulunulması emrini verdiği belirtildi. İHA’nın sınırın 6-7 km. güneyinde 3 adet motorlu araç olduğu değerlendirilen ısı kaynağı tespit ettiği, ısı kaynaklarının bir süre sonra kuzeye intikal ettiği ve ısı kaynaklarının sayılarının 7’ye ulaşmasından sonra 23. Jandarma Sınır Tümen Komutanlığı ile 2. Ordu Komutanlığı karargâhı arasında telefon görüşmesi başladığı belirtilen kararda, tümen komutanlığınca topçu atışı yapılacağının bildirilmesi üzerine 2. Ordu Komutanlığı’nca İHA ve diğer unsurlarla koordine yapılmadan atışyapılmamasının emredildiği kaydedildi. 23. Jandarma Sınır Tümen Komutanı Tümgeneral İlhan Bölük’ün görüntülerin terörist olarak değerlendirilerek bölgeye topçu atışı yapmak isteğini 2. Ordu Harekât Kurmay Başkanı Tuğgeneral Halil Erkek’e ilettiği ifade edilen kararda, bu görüşmede Jandarma Asayiş Kolordu Komutanı Korgenerel Yıldırım Güvenç’in de görüntüleri terörist olarak değerlendirdiği bilgisini verdiği kaydedildi.

Saldırı bekleniyordu
Kararda; saat 18.00 sıralarında Albay Eker’in, 2. Ordu Komutanı Orgeneral ServetYörük’ün makamına giderek, son dönemde bölgede Fehman Hüseyin ile bazı terör örgütü mensuplarınıntelsiz kestirmelerinin saptandığını, istihbari bilgilere göre 21-30 Aralık 2011 arasında terörist saldırı beklendiğine dair bilgiler verildiğini, bunun üzerine durumun ivediliğinden dolayı 2. Ordu Topçu Başkanı Albay Sebahattin Türker tarafından yurtdışına topçu atışına izin verilmesi içinKara Kuvvetleri Komutanlığı’na telefon edildiği kaydedildi.
Kararda; saat 18.51’de dönemin Genelkurmay İstihbarat Başkanı, Genelkurmay 2. Başkanı Orgeneral Yaşar Güler’in de Genelkurmay Görüntüİzleme Merkezi’ne (GİM) geldiği, mevcut istihbari bilgiler kapsamında görüntülerin teröristlere ait olduğu hususundaki değerlendirmeye iştirak ettiği, ancak bölgenin coğrafi durumu, müdahalenin gece şartlarında yapılacağı, terörist grubun üç ayrı grup halinde hareket etmesi nedeniyle topçu atışının yeterli olmayacağı ve zaiyat verilmeden terörist unsurların etkisiz hale getirilmesi düşüncesiyle topçu atışı yerine hava harekâtının daha uygun olacağına karar verildiği belirtildi.
Güler, dönemin Genelkurmay 2. Başkanı, Kara Kuvvetleri Komutanı Orgeneral Hulusi Akar’ın makamına giderken, aynı saatte Genelkurmay Harekât Başkanlığı’nca yurtdışına topçu atış talebinin kabul edildiğinin Kara Kuvvetleri Komutanlığı’na telefonla bildirildiği kaydedilen kararda, topçu atış talebi KKK’ya bildirildikten sonra Akar’ın hava harekâtı yapılacaksa topçu atışının bekletilmesinin uygun olacağına karar verdiği ifade edildi. Kararda; Akar’ın, hava harekatı talebini Milli Güvenlik Kurulu (MGK) toplantısı nedeniyle karargâhta bulunmayan Genelkurmay BaşkanıOrgeneral Necdet Özel’e telefonla ilettiği kaydedildi. Özel’in, tespitle ilgili bilgilerin işlendiği haritanın konutundaki çalışma ofisine gönderilmesini istediği belirtilen kararda, Özel’in saat 20.00 civarında hava harekâtının yapılmasına onay verdiği ifade edildi. Kararda; Akar’ın, hava harekâtı yapılacaksa topçu atışının bekletilmesi talebinden önce topçu atışı izni çıktığı için saat 19.34’den 20.21’e kadar bölgeye çok sayıda aydınlatma mühimmatı ile birlikte 10 top atışı yapıldığı kaydedildi. Kararda, “Neticede 34 kişinin öldüğü” ifadeleri yer aldı.

Kararda, hava harekâtına ilişkin onayın, sadece araç, insan, hayvan tespiti yapabilen, terörist,kaçakçı, çoban gibi bir değerlendirme yapamayan İHA’lardan alınan görüntüler ve mevcut istihbari bilgilerin birlikte değerlendirilmesiyle verildiği belirtildi.
Kararda; harekâtı emrini veren Orgeneral Özel, hava harekâtı yapılması talebini Özel’e sunan dönemin Genelkurmay 2. Başkanı, Kara Kuvvetleri Komutanı Orgeneral Hulusi Akar ve Akar’a topçu atışından vazgeçip hava harekâtı yapılması talebini ileten dönemin Genelkurmay İstihbarat Başkanı, halen Genelkurmay 2. Başkanı olan Orgeneral Yaşar Güler hakkında soruşturma yapıldığı, soruşturma için izin talebinde bulunulduğu veya bu kişiler hakkında takipsizlik kararı verildiğine dair hiçbir bilginin yer almaması dikkati çekti.

Uludere emri Orgeneral Özel’den - Milliyet Haber
 
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I still believe it was an order to kill civilians. Why? Because we have never had the chance to get a third party to look at the incident. And since the military will not allow a third party to look at the incident then we can easily conclude that they are hiding something. In which other country can you bomb 34 civilians without the permission to investigate the incident?

The term operational mistake has been used far too many times. And often, the European Court of Human Rights have opposed any such claim in the case of Turkey. I have posted two cases where Turkey either:

1) claimed it was PKK who killed civilians. Turned out it was the army.

2) claimed that it killed civilians in an operational mistake. Turned out the military did it well knowing that civilians would die.

These are facts. And we can draw a direct line between Roboski and the dozens of other incidents where Turkey has killed civilians on purpose. Why? Because, again, the military is either lying or hiding worthy information. In either case, we can not trust the military nor the Turkish state for holding its hand over the military.
 
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First of all , notify me if you are going to answer me.

I still believe it was an order to kill civilians.

Yeah, we are evil and like to kill our citizens on a whim. :o:


Why? Because we have never had the chance to get a third party to look at the incident. And since the military will not allow a third party to look at the incident then we can easily conclude that they are hiding something. In which other country can you bomb 34 civilians without the permission to investigate the incident?

First of all what do you mean by investigation my third party. Do you think military will open it's archive to whoever wants to see it ?

The term operational mistake has been used far too many times. And often, the European Court of Human Rights have opposed any such claim in the case of Turkey.

I wonder how did ECHR concluded that without having information on the incident ?

And i would like to see source as it sounds, funny.


1) claimed it was PKK who killed civilians. Turned out it was the army.

I don't remember that, show source.

2) claimed that it killed civilians in an operational mistake. Turned out the military did it well knowing that civilians would die.

Turned out by whom ? Show source.

These are facts. And we can draw a direct line between Roboski and the dozens of other incidents where Turkey has killed civilians on purpose. Why? Because, again, the military is either lying or hiding worthy information. In either case, we can not trust the military nor the Turkish state for holding its hand over the military.

These are not facts but your ideas.

Talk is cheap, show your sources.

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Anyways smugglers got killed while they were trying to infiltrate Turkey from Northern Iraq and geniuses were using PKK's infiltration route.

Collateral Damage
 
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First of all , notify me if you are going to answer me.



Yeah, we are evil and like to kill our citizens on a whim. :o:




First of all what do you mean by investigation my third party. Do you think military will open it's archive to whoever wants to see it ?



I wonder how did ECHR concluded that without having information on the incident ?

And i would like to see source as it sounds, funny.




I don't remember that, show source.



Turned out by whom ? Show source.



These are not facts but your ideas.

Talk is cheap, show your sources.

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Anyways smugglers got killed while they were trying to infiltrate Turkey from Northern Iraq and geniuses were using PKK's infiltration route.

Collateral Damage

LOL! Cheap cheap cheap attempts mate. Just stop it. You even posted in both of my topics about ECHR ruling against Turkey. Just stop it, really. Go back in your own posting history and you will find the topics.
 
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LOL! Cheap cheap cheap attempts mate. Just stop it. You even posted in both of my topics about ECHR ruling against Turkey. Just stop it, really. Go back in your own posting history and you will find the topics.

You are making claims and i'm asking for source of your claims.

About ECHR you wanted to read it and the decleration of "European Convention on Human Rights" is unrelated with you saying: " the European Court of Human Rights have opposed any such claim in the case of Turkey. "

I think you are one to stop your PKK propaganda.

Saying again..... show source your claims or admit you are just doing propaganda.
 
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You are making claims and i'm asking for source of your claims.

About ECHR you wanted to read it and the decleration of "European Convention on Human Rights" is unrelated with you saying: " the European Court of Human Rights have opposed any such claim in the case of Turkey. "

I think you are one to stop your PKK propaganda.

Saying again..... show source your claims or admit you are just doing propaganda.

Here. Three cases where Turkey. I find it funny that you are doubting me since you posted in my topic. This was your post in the topic:

Keep bumping your own threads. :no:
Nov 14, 2013. It is not well mannered to lie.
ECHR: Turkey killed 38 civilians, not PKK | Pakistan Defence

1) Did not do any military investigation to the killing of civilians. The court found their investigation to be very weak.

and/or

2) Lied abot certain facts that were later investigated with the aid of eye witness statement and statement from various organisations. The court found that the Turkish authorities were not able to give a satisfying statement of what had really happaned

http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-128036#{"itemid":["001-128036"]}

http://hudoc.echr.coe.int/sites/eng...onid2":["JUDGMENTS"],"itemid":["001-118569"]}

METIN v. TURKEY / ECHR

EUROPE - European court fines Turkey 331,000 euros in case into killing of five by soldiers

Turkey Found Guilty of “Bombarding Kuşkonar Village” in 1994 - Bianet
 
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