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December 19_ 2000 Massacre in the Prisons of Turkey

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December 19_ 2000 Massacre in the Prisons of Turkey Powered By Docstoc
					  December 19, 2000
Massacre in the Prisons of
        Turkey
    Bayrampaşa Lawsuit

WHAT HAPPENED IN BAYRAMPASA
           PRISON
    DURING THE SO-CALLED
 “RETURN TO LIFE” OPERATION?
                    Photos of the Victims




The women in C-1 ward, burned from head to
feet, because of the gases thrown from the
ceiling.




                                             The bones of the burnt women.




Seyhan Doğan – She burned so much and she
could not be identified
                     Bayrampaşa Lawsuit and
DECEMBER 19TH MASSACRE IN PRISONS

In 19th of December 2000, 28 prisoners    report, it was remarked that the weapon
and convicts died in the operation        leading to the death might be only AK-
called “Return to Life”, which was        47 or G-3 infantry rifle and it became
carried out simultaneously against 20     definite that Kurt died because of the
prisons. A total number of 122 people     soldiers` weapon.
died and over 600 people became           It become evident that the explanation
permanently disabled in the ongoing       made by official authorities about the
process and during the death fasts.       operation and many news in the press
Within the scope of this operation, 12    were lies and fake as well. Minister of
people died and 55 people became          Justice Minister the current period,
permanently incapacitated alone in        Hikmet Sami Türk said that “the
BayrampaĢa Prison. In operation, the      prisoners killed by soldiers engaged in
phosphor bombs were used. Many            combat with soldiers” in his speech and
arrested and convicted people who had     he made a claim that some deaths
been under the aegis of the               occurred because of the conflict
government died in the operation so-      between prisoners. According to the
called “Return to Life”.                  reports of the forensic science experts,
In the course of this operation, two      it was exposed minister Türk’s
soldiers, Nurettin Kurt, specialist       statements (“they fired shots with
sergeant in Ümraniye Closed Prison        Kalashnikov”) about the operation in
and Mustafa Mutlu, in Çanakkale           BayrampaĢa Prison were groundless.
Closed Prison, also died. Primarily, it   The report says that, the bullets were
was declared that Nurettin Kurt was       not fired from the wards and the gas
shot by the convicts who returned fire    bomb was used over the lethal doze.
to the calls to surrender. However a      It was identified that the female
weapon with “high kinetic energy”         prisoners in BayrampaĢa Closed Prison
caused the wounding that led to death,    in C-1 ward, died in fire resulted from
showed an autopsy that was performed      tear gasses and nerve bombs used by
over Kurt. There was not any long         security guards. Still, according to the
barreled weapon considered to have a      forensic medicine reports, there was no
“high kinetic energy” among five          armed resistance. The inquiry in the
weapons which were claimed to be          wards showed that these places were
taken out from Ümraniye Prison.           completely burnt but there were no
Besides it was identified that the        arms inside. In addition, according to
weapon in question was a long barreled    the expert reports there were intense
weapon which did not belong to the        gunshots from the administrative parts
convicts and it was indicated that the    of the prisons towards the areas where
weapon leading to the death of Kurt       the inmates were located but none from
was not among the weapons asserted to     the inmates’ part to the soldiers’
be obtained from the convicts. In the
location. In the report, it was written     family of Murat Ördekçi who was
that in the C-1 ward where 12 people        killed by the soldiers in BayrampaĢa
died, 5 of the six female prisoners were    Prison. Istanbul 2nd Administrative
burnt to death and one of them died due     Court decided that there should be a
to gas poisoning. The report said that      compensation for the operation. First
“in C-1 ward 35 grams of bomb               decision was as the following: “There
material was found” and emphasized          was a violation of the right to live. The
that the 20 grams of the active matter      family of the dead prisoner should be
of the bombs used in the operation can      paid 109 billion Turkish Liras.”
kill a person in 38 minutes.
                                            A lawsuit was filed against the
Once again in the same ward, apart          newspaper called Radikal because it
from the already exploded tens of gas       published the Forensic Medicine
bombs, 45 unexploded bombs were             reports of the “Return to Life”
found. It was recorded that also shots      operation. The managing editor of
were fired towards the C-14 ward and        Radikal Newspaper, Hasan Çakkalkurt
C-15 ward and many tear bombs and           and his lawyer Köksal Bayraktar were
gas bombs were thrown inside all the it     acquitted in the trials that took place in
was written on the bombs “Do not use        Istanbul State Security Court No. 5. In
indoors” and “Throw the bomb to the         2004, by the decision of the JDP
area where there are not any people         government and the Minister of State,
and burning materials”. The claim           Cemil Çiçek, a “Medal of Merit” was
that the convicts killed each other were    given to Ali Suat Ertosun who was one
disproved by the forensic report            of the ideological architects of the F-
identified that the prisoners were killed   type Prisons [The concept of “F-Type”
by shots fired from long distance. The      stands for the high security isolation
report, also, found out that some           prisons t.n.] and was then the General
evidences were obfuscated and some          Director of Prisons and Detention
contradictions exist inside the records     Houses. After the operation, a suit was
of the gendarmerie.                         filed against the gendarme officers
                                            about the events in Çanakkale and
The only (concluded) suit for damages       Ümraniye. While the case about
about the operation was the one against     Ümraniye operation still continues, the
the Ministry of Domestic Affairs and        gendarme officers on trial due to
the Ministry of Justice filed by the        Çanakkale operation were acquitted.
         Balance Sheet of the Operation
Number of                                      Number of prisoners dispatched
Prisons Covered by the Operation     20        to Edirne F-Type Prison          348
Murdered Convicts and Prisoners      28        to Kocaeli F-Type Prison         340
Wounded and Hospitalized             237       to Sincan F-Type Prison          341
Soldiers Killed                      2         to Kartal F-Type Prison          67
Soldiers Wounded                     6         to Bakırköy Prison               45


                                                      Number of
Number of
                                                      Banned Associations              2
Death Fasters Before the Operation        259
                                                      Banned Publications              228
Death Fasters After the Operation         357
                                                      Banned Meetings in Istanbul      5
Prisons Where the Hunger Strike           41
Went on
Prisoners in Hunger Strike After the      1656
Operation



            Number of
            Custodies Against the People Who Protest the Operation              2145
            Arrests against the People Who Protest the operation                147
            Rapes with Nightstick Allegations                                   8
            Raided Cultural Centers, Associations and Parties After the         18
            Operation


The Size of the Military Force Used in the
Operation:
o 8 Gendarmerie Commando Battalions
o 8 Thousand 335 Soldiers at 37 Divisions
o Thousands of Riot Police
o Thousands of Prison Guards
o More than 20 Thousands of Gas Bombs
                                                                     Statements of the Victims


     STATEMENTS OF THE VICTIMS

Birsen KARS: I looked at my watch.              how we tried to throw the bombs which had
                                                not exploded yet to the air, we could not cope
It was 04.50 am. All of us woke up and
                                                with it. We had friends who were vomiting and
threw ourselves on the floor. I could see
                                                losing consciousness. The noise of the devices
the riot police soldiers deployed on the
                                                was going on. Soon after, they opened the iron
roofs targeting our ward and shooting. In
                                                bars of the embrasures. Between the soldiers
order to protect myself from the bullets, I
                                                and us, there were only few meters left. They
was creeping on the floor avoiding to
                                                were hurling curses and threats at us through
stand up. The gas bombs were already
                                                the loopholes with the guns in their hands.
begun to be thrown inside. It was really
                                                Also, they were threatening us with death
difficult to breath. At first we tried to
                                                through the holes on the ceiling. When the gas
prepare a sheltered place for our friends
                                                bombs they threw fell down onto the beds,
who were on the sixtieth day of the death
                                                small fires broke out. We extinguished these
fast. In order to get a little protection
for ourselves from the effects of the
bomb, we put pieces of cloth and
towel onto our faces, making them
wet by putting into some water
barrels which we could take into the
ward from the very start. But it was
not enough. Our lungs, and all of our
internal organs were being rended,
we were all out of breath and unable
to move. In the meantime, they were
swearing at us and saying that they
would kill all of us.
It was dawn. They began to drill the
ceiling by construction machines from
the place where we were standing all
together. They began to bore tens of
holes through which a bomb could
easily get, and threw bombs through
these holes. We went to another
place which was not drilled yet. But it
was no use. Wherever we go, they
drilled and threw bombs. From both
the roof of the opposite ward and our
ceiling, countless numbers of bombs
which have varied types and effects
were being thrown. Before long, the
entire ceiling was drilled. We went
near the windows, at least to protect
ourselves from the bullets. We were             small fires with blankets, because we did not
not standing up, and were trying to protect     have any water. When one of our friends by
each other in doubling up position. No matter   the window stood up to get a blanket which
                                                                         Statements of the Victims
was on the bed, they began to shoot. The           been in an oven. My face was melting, my
friend’s arm was wounded by the bomb. Now          hands were melting. When I looked at my
her arm was hanging down like clump of flesh.      hand, I saw that my skin was peeled and
And we were able to do nothing but bandaging       hanging down. I took my hands on my face; it
her arm with a piece of cloth to stem the          was soggy. As if, someone had made fire on
bleeding.                                          my back. Now I was able to see nothing. I told
                                                   to myself “I am dying”. I do not remember the
Through the loopholes and from the opposite
                                                   rest.
roof, they were going on threatening us, “We
bumped off ten of your men, now it is your         I came to myself downstairs by someone’s
turn”. In the meantime, they threw a different     calling my name. My friends were pouring
bomb from those which they threw before.           water on my body and head. I realized that I
This bomb made us feel as if we were dying         looked very bad, when I saw my friends
and our whole body was being rent. It made         looking at me bewildered and painfully. There
our body move involuntarily. Seeing the            were friends who saw me but did not
effects of this bomb, we thought for sure that     recognize me. I heard the voice of one of my
it was nerve gas. We had friend who were           friends. She was shouting, “We could not save
kicking, tearing hair and hitting pointlessly      all of our friends. Yazgül, Şefinur, Nilüfer,
here and there with their hands. They threw        Seyhan, Özlem, Gülser stayed inside”. Then I
this kind of gas bombs a few times more. We        realized that my friends had saved me from
were leaning to the windows with the hope of       that hell. But six of my friends had stayed in
breathing a bit, but we had to retreat because     that oven. We were in the kitchen next to door
they began to fire again.                          facing to the corridor. The corridor door was
                                                   soldered and had a loophole, they opened it
We had no water left to make the towels wet.
                                                   with a machine from outside and started
Some of us remained unprotected, because
                                                   throwing gas bombs inside. From that point
we were trying to reduce the effects of the
                                                   onwards we could not stay on the ground
bomb by putting the towels over it. There was
                                                   floor. They had already killed our six friends
no way to stay upstairs. We were very close to
                                                   and wanted to kill us too.
the attacking forces. Hours passed. If their aim
had been to take us out of the ward, they          With the ceaseless rain of bullets and gas
could have done this in the first place. But it    bombs on us continuing in an area of only a
was clear that their aim was not to do so. Their   few meters, there was no alternative. We
intention was to kill us among the gas bombs,      went out to the yard. When they saw us there,
bullets, curses and threats.                       they started throwing bombs from the roofs
                                                   and shooting at us. Friends in the opposite
It was about 11.45 a.m. I was next to Yazgül
                                                   dormitory opened their doors and let us in.
Güder Öztürk who was a death fast warrior.
                                                   We went into a room where there were prison
There was not a long space between us and
                                                   guards.
the door. Suddenly, I felt an overheat. I was
faced to the window. I turned back. Through        My clothes were intact, but my back was
one of the holes of the ceiling, from something    burning. My friends cut away my clothing, my
like an iron cage, spread a kind of black smoke.   pullover was not damaged in any way but it
Then, I heard something sizzling.                  was as though my back had been burned.
                                                   Before long, they opened the loophole of this
My hair was falling apart from my scalp. I said
                                                   dormitory as well and began throwing gas
to Yazgül, “we are burning”. The interior got
                                                   bombs inside. Again we went out to the
completely dark in seconds. Against the rising
                                                   exercise area. In our dormitory, flames were
temperature, I tried to break off the remaining
                                                   already rising from the first three windows.
pieces of broken window-glass in order to get
                                                   They started to spray high-pressurized water
cold air from outside. It was no use.
                                                   from water cannons at us.
Temperature was rising steadily, as if we had
                                                                       Statements of the Victims
We said “put out the fire instead” repeatedly.                  Münire DEMİREL:                 On
Six of our friends were there, but they
                                                                  19th of December, I woke up at
continued to spray the water at us rather than
                                                                  4:50 o’clock due to a great
at the fire. From one area they continued
                                                                  noise. It was like a noise
throwing gas bombs at us. The water cannons
                                                                  produced by an object that hits
thoroughly affected the skin from our hands
                                                                  one of the doors or the walls of
and skin fragments came off our fingertips. For
                                                                  the ward. Then I heard one of
this reason several of our friends were
                                                                  my friends shouting “Friends! An
severely wounded and headed back into the
                                                                  operation started!”. We leapt
dormitory. As they saw us go into the
                                                                  out of our beds. We were going
dormitory they shot at our feet. I don’t know
                                                    outside to wear our clothes and the noise
how long we were in the dormitory. But again
                                                    grew louder. We were surrounded by hitting
we left it as the gas bombs that were thrown
                                                    and piercing sounds. It was not a long time
made it unbearable. And again there were
                                                    before we heard the bullet sounds which
water cannons and gas bombs. As though the
                                                    started to flew around us. At that moment I
bullets and bombs thrown from the roof were
                                                    understood that they were firing on us.
not enough, they threw a stone at my head
and my head was wounded, in addition to the         I looked from the window and I saw some
burns. I suppose this is a good example of the      shadows on the roof of the opposite ward.
state of mind present in the “security forces”. I   The shots were still being fired. And we
cannot remember how long we stayed under            threw ourselves to the floor. We were trying
the bombardment of water cannons and gas            to crawl and advance and also to complete
bombs. The last thing I remember was guns           our preparations to protect ourselves. There
pointing at us from two sides of the windows        were noises coming from everywhere.
on the ground floor of the dormitories. At the      Hitting, breaking and piercing noises… The
same moment a group of masked special team          uproar of the operating construction
members entered the exercise area and               machines were everywhere. They were trying
surrounded us.                                      to break the walls and the roof. And after a
                                                    while, we would understand that the special
All of us were handcuffed one by one and they
                                                    teams were located on the roofs near the
wanted to strip-search us, tearing our clothes
                                                    walls and the doors. They were everywhere.
to pieces. Although I was injured in a number
                                                    They surrounded us who were prisoners in a
of places, I was made to stand. Our hands
                                                    narrow place behind the barrels, locks and
were injured and in this condition we refused
                                                    walls.
to be searched while handcuffed. They
removed us from the dormitory by dragging us        Death squads were so close with their huge
along the ground. I remember after leaving          weapons which we could not identify. Their
that I was in an empty space like a big             purpose was not to take us from the ward
warehouse. I was trembling as a result of my        but to murder. One of them was shouting
injuries becoming wet, and I was in pain. They      “We will kill you all”… We were warning each
made us wait there for a while, I was in no         other to squat down when we were to walk.
condition to speak. My friends were persistent      Because they could see the dormitory
in demanding that I be taken to a hospital. This    completely and were watching all our
lasted a very long time. They didn’t take me to     movements. Before the sunrise, a heavy rain
a hospital but after arguments I was taken to       of bombs came down. Without any brake,
Bayrampasa Prison Hospital and was then             one after another… First they threw the gas
transported from there to Haseki State              bombs inside from the windows. Every bomb
Hospital.                                           that fell into the ward produced a hissing
                                                    sound and was spreading its gas around.
                                                    Some twisting, some standing. Their shapes
                                                    and types were all different. Many of us
                                                                     Statements of the Victims
threw the gas bombs outside by holding           bleeding by tightening the arm with a piece
them with wet towels.                            of cloth. Soon, head of Seyhan DOĞAN
                                                 started to bleed. I guess that it was because
But still we could not deal with the heavy
                                                 one of the gas bombs thrown inside. We
bomb rain. If we managed to throw one
                                                 could hardly move. The gas was tearing our
outside, another five were coming inside. We
                                                 lungs apart, we could not breath. But there
were trying not to be affected by the
                                                 was a bomb, we assume it was a kind of
increasing gas density by holding the wet
                                                 nerve gas, which made us lose our control
towels to our mouths or noses.
                                                 and tremble over the floor. All our inner
The number of gas bombs was increasing as        organs were falling apart, we were running
the number of curses, death threats and the      around with a hard to describe pain. We
noises of the soldiers. We were all being        were moving involuntarily. The skin of my
affected by the gas. After a while, opened on    hands was hanging down as if it was peeled.
the roof were the holes that allow the bombs     You could see the red meat underneath. I felt
to be thrown from there. Now they were so        that my face and my hair is burning in flames.
close that they could see us from these holes    And it was happening in a short while. I was
and touch our bunk beds if they reached          about to pass out. I said to my self that I
down. The distance of the holes to each          would die in a minute. I did not know where I
other and their positions were proving that      was. But I think I was not that far to the door.
they planned where to dig those and how to       I don’t know how it happened but as a kind
throw the gas inside the wards before. After     of reflex, I walked towards the door, I went
a short while, the loopholes on the walls        out and went down the stairs. The situation
were opened and now we were face to face         downstairs was very surprising because there
with each other. They were wearing gas           was neither gas nor smoke there. The dining
masks and swearing viciously. They were          hall was there as we left it last night.
saying that they would kill us. The holes on
                                                 I took a breath and recognized that some of
the roof allowed them to throw bombs twice
                                                 us was missing. We went upstairs again.
and three times as more. Apart from these
                                                 Upstairs, the door of the dormitory was like a
bombs, they were spraying other gasses the
                                                 hot oven gate. Some of our friends were
content of which we did not know. For a
                                                 close to the door and we were trying to pull
moment, I saw a fire ball fell down from
                                                 them out with all our strength. We were
these holes. One of the bunk beds caught a
                                                 trying to bring them downstairs if we could,
fire but we tried to extinguish it with
                                                 so that the door gate could be clear. Our
blankets. This was repeated a couple of
                                                 hands were not working anymore. I
times. And once the electricity cables caught
                                                 remember that I dragged many of my friends
the fire. But again we prevented the fire from
                                                 by pushing them with my feet and almost by
spreading. With our wet and dry blankets, we
                                                 kicking them to downstairs. Near the door
were running everywhere these fireballs
                                                 Gülser TUZCU was lying on the floor. We
dropped and prevented the fire from
                                                 recognized her sweater but cannot see her
spreading.
                                                 head. I tried to take her out by immersing my
We ran out of water. Our towels dried on our     hands to the hell but she was stuck. It was
faces and shoulders. A friend of us proposed     even impossible to move her. We were
to pull the radiator pipes out. Altogether we    pulling her with all our strength and replacing
pulled hard one of the radiators and broke       the tired ones. But it did not work, she was
the pipe. The water started to flow and we       burned alive there. We could not save all our
soaked our towels and blankets wet with this     friends.
water.
                                                 I said “Yazgül, Şefinur, Seyhan, Özlem, Nilüfer
One of our friends reached her arm to take       and Gülser were left inside.” In seconds we
one of the blankets on the bunk bed and was      were separated from these friends and
shot from her arm. We tried to stop the          witnessed their death. While they were just a
                                                                    Statements of the Victims
few meters far from us, while there were         corridors and the roof loopholes. No calls or
conditions to kill us as they wished, they       warnings etc. are made. They were just
were prepared for such a massacre. After a       strafing and saying “We will kill you all”. This
while, it became impossible to stay              gun fire went on until the end of the
downstairs. They filled inside with gas bombs    operation. Apart from that, they threw many
as well. We went out to the prison yard. Now                          gas-smoke-nerve        and
                                                                      blast bombs.
                                                                       In the December 19th
                                                                       operation, our friends in
                                                                       the entrance of C-15
                                                                       ward,              Cengiz
                                                                       ÇALIKOPARAN, Mustafa
                                                                       Yılmez, Ali Ateş were
                                                                       killed by the machine
                                                                       gun fire coming from
                                                                       the loopholes of the
                                                                       ward doors (they were
                                                                       strafing    with     long
                                                                       barreled rifles). The
                                                                       strafe   towards       the
                                                                       common yard of the C-
                                                                       15/16    wards      killed
                                                                       Murat Ördekçi. Fırat
flames were going outside from the windows                             Tavuk burned himself to
of the dormitory. Six friends of us were         stop the operation. They killed Fırat Tavuk
burned inside alive. We shouted their names      with the machine gun fire coming from the
altogether. The fire hoses in the yard           main corridor. Aşur KORKMAZ made a
loophole were spraying water not on the fire     sacrificial action to stop the operation and
but on us. We went to the prison guard’s         burned himself in the yard of C-13/14 wards.
room.                                            The operation was planned to kill with long
Our friends in C-2 ward tried to take off our    barreled guns and with all kinds of gas,
tattered clothes and to dress our wounds.        nerve, smoke and blast bombs.
After a while, they raided there with bombs
as well. Altogether we went out to the yard.
                                                 Mehmet GÜVEL:               I woke up on
                                                               th
                                                 December 19 , 2000, towards morning at
They were showering us with pressured
                                                 around 4:30 o’clock. Thinking that the bullets
water. We tried to take guard in front of the
                                                 might enter through the windows, I crawled
C-1 ward door but they pushed us away by
                                                 to the downstairs and saw that our night
firing shots. We tried to resist by leaning on
                                                 watchman Güldede CEVEN was shot and
each other for hours at the backyard. Finally
                                                 lying on the floor. We thought that he was
they entered inside the yard with fully
                                                 dead but one of our friends checked him and
equipped and gas masks. They wanted to
                                                 said that he is alive. There were
carry out a body search, we rejected. They
                                                 sledgehammer noises coming from the roofs
dragged each of us to a depot-like place.
                                                 and the security forces were in the corridor
Kenan GÜNYEL: He was in C-14 ward                and shooting on us. We retreated to the C-15
on 19th of December. Operation began on          and C-16 wards and took cover. We piled up
the night of December 19th at around 04.30.      all the materials that we could find behind
Operation started with the machine gun fire      the door to protect ourselves. Soon, security
with long barreled guns started to shot          forces started to shoot through the small
simultaneously from the corridor, upper          loopholes of the door behind which there
                                                                    Statements of the Victims
was a pile. Moreover they were shooting and     deaths and wounded among us and that we
throwing bombs from the holes like the          would send them out if they gave us some
garret of the opposite ward and our shot and    stretchers. A small number of stretchers
wounded friends were brought near me,           were thrown inside from the roof. We took
under the stairs which could be considered      the most heavily wounded outside to the
as a more secure place. As far as I can         yard. And approximately 8-9 hours after the
remember Mustafa YILMAZ and Cengiz              operation started, they crushed the walls of
ÇALIKOPARAN lost their lives with groans        the yard. And they propped the fire ladders
before my eyes. Our eyes were going wet         there. We first gave our wounded and deaths
and we were having difficulties in breathing.   down from this ladder. And then we went
We wore our handmade wet masks that we          down one by one and through the corridor of
prepared before, but they did not work. After   the security forces we were taken to a closed
a while, we shouted that we had many            place      with      kicks    and      sticks.
                                                                     Statements of the Victims

       Documents of the Prison Massacre
                              1-Autopsy Reports
                   Mustafa Yılmaz                 obtained from the corpse and they were
                                                  being kept in the Specialist Department of
                   (32 years old)                 Forensic Medicine Morgue to be sent to the
                   According to the               prosecution.
                   report of Specialist           7-  The report states that the death of the
                   Department for                 individual occurred due to the internal
                   Physical                       bleeding that developed because of the
Investigations;                                   internal organ and big vein punctures
                                                  resulted from the gunshot bullet wounding.
2-  It is reported that there was not found
any holes resulting from firearms on jacket,                           Cengiz
purple-colored high-necked sweater, and 2                              Çalıkoparan:
towels within the cloth bag which has the
number 4 on it. The owner of the clothes was                           (32years old)
not declared, however, basing on the findings                          1-According     to the
in the autopsy report if we accept that the                            report of the Specialized
other sweaters, undershirts and flannels                               Department for the
belong to MUSTAFA YILMAZ, because the                                  Chemical Analyses, as a
wound sites correspond to each other,             result of chemical analysis in all the various
gunpowder fouling did not exist but there         clothes and goods that were inside the 4
were intense heavy metal residues.                pieces of cloth bags, fuel-burning substance
3-It  is stated in the report that 4 gunshot      residues such as gasoline, paint thinner, etc.,
entrance wounds existed on the body of the        tear gas bombs and other chemical residues
individual and the wound described to be in       were not detected in the clothes and the
1-cm left lower belly pit was lethal but others   objects in question.
was not lethal.                                   2-  According to the report of the Specialist
4-According  to the findings of skin and          Department for Physical Investigations, on
subcutaneous gunshot entrance wounds and          the clothes that were numbered as 3 and
to the report of Physical Investigations          belonged to CENGIZ ÇALIKOPARAN, found
Specialist   Department,     the     exact        the following holes which might be occurred
determination of the distance of the shots        due to the gunshot: one with approximately
that led to the wounds could not be               0.5x3 cm size, on the trouser leg outer side,
ascertained.                                      21 cm down from the waist, just next to the
                                                  outer seam, to the front, with irregular sides;
5-  The autopsy found out that the gunshot        another with 17 cm below the former, 6 cm
entrance wounds at the right thigh, left          back, with a central hole of 2 cm diameter
thigh and abdomen were expanded from              but with a length of 6.5 cm because it was
the edges of those wounds by means of             torn upwards and downwards; another was
cutting.                                          on the same leg 37 cm above the bottom
                                                  point, 1 cm away from the outer side seam,
6-  It is reported that two shirt pieces and 3    2 cm long to the front with irregular edges…
pieces of bullets, one of which was 0.1x0.1       the heavy metal residues were intensively
cm, the other was about 1x0.7x0.8cm,              encountered in the front holes.
another was about 0.9x0.7x0.8 cm were
                                                                   Documents of the Massacre

3- It is stated in the report that 3 gunshot      undershirt and on the vest, matching the
                                                  holes on the back side of the trouser, were
bullets hit the person, and among those the
                                                  the holes possibly caused by a firearm.
gunshots which created the defects
                                                  According to the results of chemical analysis
mentioned at number 1 and 5 are
                                                  on and around the holes, no gunpowder or
independently lethal, but the gunshot which
                                                  heavy metal residues were found. According
created the defect described at number 4 is
                                                  to these findings and also considering the
not.
                                                  fact that long-barreled weapons were used
4-  If considered together the report of the      during the case, the shot that caused these
Specialized    Department        for   Physical   holes was not made within 75-100
Investigations and the findings detected in       centimeters which is accepted to be the close
the autopsy, it is evident that the shots were    shooting distance for these weapons. It is not
fired from long distance.                         possible to make a shooting distance
                                                  estimation basing on the existing findings.
5- The autopsy also showed that the defects       4- The report also showed that 1 bullet hit
described at number 1,4 and 5 were cut and
                                                  the body of the individual and that the
expanded from the sides of the wound.
                                                  wound caused by the bullet is independently
6-Obtained    from the corpse was two torn        lethal.
pieces of shirt on which were found traces of     5- The report showed that the gunshot
thread-set.                                       entrance wound that was detected on the
                                                  body was expanded by means of cutting from
7-The    report declares that the person`s
                                                  the edges.
death was as a result of external bleeding
resulting from the large vessel puncture          6- If the report of the Specialized Department
arising from the bone fragments due to bullet     for Physical Investigations and the findings
                      firearm injury.             detected in the autopsy evaluated together,
                                                  the shots were fired from long shooting
                      Murat Ördekçi               distance.
                      (28 years old)              7- No bullets were obtained from the corpse.
                       3- According to the        8- The report also expresses the opinion that
                      report      of       the    the death of the individual was caused by the
                                   Specialized    sacrum break and by the hemorrhage that
                      Department            for   developed because of big vein injury
                      Physical Investigations,    connected with the firearm bullet injury.
                      among the clothes
which carry the number 1 on them and were
declared to be belonging MURAT ÖRDEKÇİ,
on the upper side of the right leg of the
trousers there is a 1x1 cm sized hole with
irregular sides, and on the back side behind
the belt over the middle line, there is a hole
of 0.5 cm length with irregular sides and
those holes are opened by a single firearm.
On the back side of the shirt, long-sleeved       A newspaper article reads: “Traces of torture
                                                  identified on the bodies”
                                                                         Documents of the Massacre

THE REALITY IN THE AUTOPSY REPORTS
There are the reports which state:
1- That the bullet which caused the death of Murat Ördekçi could not be found during the autopsy
and that the wound site was expanded by means of cutting,
2- That four bullets hit the body; that cuts were made around the wound site before the autopsy
and that only three bullet fragments (the piece that belongs to the type of bullets which break up
after the hit) could be found in the autopsy of Mustafa Yılmaz,
3- That the number of bullets obtained from the body of Cengiz Çalıkoparan was only two, despite
the fact that three bullets hit the victim’s body.
Bullets are evidence. According to the autopsy records, important evidence had been destroyed.
In the case file, there is a report which identifies that some interventions had been made on the
scene before the autopsy of the forensic medicine. But in this report there is no indication that the
bullets inside the body were removed. Who destroyed the evidence, why and how?
This situation was reflected in the Radikal newspaper dated August 27, 2001. In the story about
the subject, a Forensic Medicine expert stated that the meaning of this was the “destruction of the
evidence” and said that the purpose of this “could be to hide a special weapon that was used”.
The autopsy report, with the statement that says “distributed pieces of heavy metal”, reveals that
the bullets obtained from the body of Mustafa Yılmaz were not normal bullet pieces but a special
type of bullet which breaks up after it enters the body.
Radikal newspaper quotes another “expert” view on this bullets: “After those bullets hit the
target, the shell falls apart to create the precise result. Namely, it kills.” The same newspaper story
also emphasized that those bullets belong to the weapons which are being produced and used by
Israel and USA.

                   Ali Ateş                            75-100 cm distance which was accepted to
                                                       be the close shooting distance.
                   (30 years old):
                                                       5- According to the report of Specialized
                   2- According to the report          Department for Physical Investigations and to
                   of Specialized Department           the cutaneous and subcutaneous findings of
                   for Chemical Analyses, as a         the gunshot entrance wound, the shot was
                   result of the chemical              fired from long distance.
                   analyses      that    were
                                                       6- A pointed bullet was obtained from the
performed on the all clothes and objects
                                                       body which had some erosion on the jacket
taken out of the 4 cloth bags; there were
                                                       and on the bullet part and had jacketed
no gasoline, thinner and similar flammable             traces with deep crushes on it, also 8 metal
material residues or gas bomb and similar              pieces the size of which differ from 0.5 to 0.2
chemical material residues on the                      cm and 1 shapeless metal piece from the sent
aforementioned clothes and objects.                    body bag were received and taken under
3- According to the report of Specialized              protection.
Department for Physical Analyses, on the               7- Except the one single gunshot bullet
clothes which were declared to belong Ali              wound that was detected the on the body of
Ateş with the number 2 on them;…                       the individual, the remaining wounds are not
considering that long-barreled guns were               lethal.
used during the incident, according to these
                                                       8- On the inspections that were conducted by
findings the shot which caused the
                                                       the Specialized Department for Physical
aforementioned ole was not fired from the
                                                                  Documents of the Massacre
Investigations over the clothes of the           the bladder, skin, hair nails and clothing were
individual; considering that no gunpowder        subjected to systematic toxicological analysis
residues were found around the defects           and no toxic substances were found, as a
compatible with the wounds, but heavy            result of the Co-Oximetre apparatus for
metal residues were found, intense in            analysing gas levels in blood 7.7% of COHb
patches, that shapeless small metal pieces       (carboxihemoglobin) was found, in the
were obtained from some wounds, and that         clothing fragments and burned skin
some metallic images, which could not be         fragments traces of thinner, and toluene,
removed because of their small size, were        benzene and xylene were present, with the
seen on the fluoroscopy, it can be said that     same items also showing signs of ethanol,
those wounds were caused by fragmentation.       2- The person’s body had been struck by one
9- The death of the individual was caused by     bullet and it was found that this was the
the hemorrhage resulting from the internal       cause of death,
organs and big vein piercing due to the          3- It could not be determined at what
                 gunshot bullet wound.           distance it had been fired from because of
                                                 the carbonisation experienced at the incident
                 Aşur Korkmaz                    by clothing, skin and subcutaneous tissues,
                  (28 years old)                 4- No bullet was found in the corpse
                 Considering the information     5- The report states the opinion that 90% of
                 and findings obtained from      the body was carbonised by burns, death
                 the autopsy and inspections     resulted from a bullet injury which holed
                 performed by the Forensic       ribs, vertebrae and internal organs and gave
Institution   Specialized Department for         rise to hemorrhage.
Morgues:
…
2- In the autopsy, on the body of the                             Ozlem Ercan
individual, found the 1st and 2nd degree burnt                    (23 years old)
sites with the rate of %50-55, and soot on the
respiratory systems. This report expresses                       According to the report of
the opinion that the death of the individual                     the Specialized Department
was caused by the burnt, and the asphyxia                        for the Chemical Analyses,
connected with the smoke inhalation and                          no alcohol was found to be
carbon monoxide poisoning.                       present in the blood, and none of the
                                                 substances that were sought in the samples
                                                 were found in the systematic toxicological
                                                 analysis.
                 Fırat Tavuk                     Carboxyhemoglobin could not be searched
                 (28 years old)                  for as the blood sample was completely
                                                 cooked and solidified, pieces of clothing and
                 Considering the information
                                                 skin samples were found to have a very small
                 and findings obtained from
                                                 amount of organic solvents found in thinner
                 the autopsy and inspections
                                                 as well as toluene and xylene, alcohol
                 performed by the Forensic
                                                 (ethanol-methanol) was not found,
Institution   Specialized Department for
Morgues;                                         At the autopsy the body was found to be
                                                 completely carbonised through burning, in
1- According to the report of The Specialist
                                                 connection with this and the major tissue
Department for the Chemical Analyses,
                                                 loss from the extremities, it was not
internal organ parts, blood, fluid present in
                                                 possible to carry out blood tests from the
                                                                  Documents of the Massacre
corpse, the report stated that analysis for      The Co-Oximetre blood gas apparatus was
carbon monoxide could not be carried out,        used for analysis and found 28.9%
 but since the blood samples of other people     carboxihemoglobin in the blood and 21.7%
 who died in the same environment showed         methemoglobin, clothing fragments and skin
 high levels of carboxihemoglobin (examples      samples found ethanol of the kind present in
 no. 2747, 2748 and 2749), the death of the      eau de cologne, the same samples found a
 person was occurred because of burns, and       very small amount of thinner and organic
 asphyxiation due to smoke inhalation and        solvents like toluene, xylene and methanol,
 carbon monoxide poisoning.                      2-The report states that in the autopsy, the
                                                 body was burned to a very high degree of
                                                 carbonization, with much of the extremities
                 Sefinur Tezgel                  and tissue lost, extensive examination of the
                 (29 years old)                  trachea and bronchial tubes revealed burns,
                                                 smoke inhalation and carbon monoxide
                  1- According to the report     poisoning connected to asphyxiation as the
                  of      the      Specialized   cause of death.
                  Department for Chemical
                  Analysis alcohol (ethanol                      Yazgülü             Güder
and methanol) was not found in the blood, as
the result of the analysis performed by the
                                                                 Öztürk:
Co-Oximetre blood gas equipment, 26% of                          (28 years of age)
carboxihemoglobin        and      6.2%      of                   According to her autopsy
methemoglobin were found to be present in                        performed        by       the
the blood. In the samples of clothing                            Specialized          Morgue
fragments and skin samples were found            Department of The Forensic Institute, and
thinner and organic solvents like toluene and    the report of Specialized Department for the
xylene, alcohols (ethanol-methanol) were not     Chemical Analyses, no toxic substances were
found, systematic toxicological analysis of      found in systematic toxicological analysis (of
internal organs, blood, skin and clothing        blood, internal organs), the CO-Oximetre
fragments could find no substances,              apparatus could not be used because of the
2- The report states that in the autopsy, the    absence of favourable conditions, thinner
body was burned to a very high degree of         and organic solvents like xylene were found
carbonisation, with much tissue lost,            in pieces of cloth and scrapings from the
extensive examination of the larynx, bronchia    corpse, the samples also contained a small
and bronchial tubes revealed burns, smoke        amount of ethanol,
inhalation and carbon monoxide poisoning
                                                 At the autopsy the body was found to be
connected to asphyxiation as the cause of
                                                 completely carbonised through burning, in
death.
                                                 connection with this and with the major
                                                 tissue loss from the extremities, it was not
                                                 possible to carry out blood tests on the
                 Seyhan Dogan                    corpse, the report stated that analysis for
                 (26 years old)                  carbon monoxide could not be carried out,
                                                 but since the blood samples of other people
                1-According to the report of     who died in the same environment showed
                the              Specialized     high levels of carboxihemoglobin (examples
                Department for Chemical          no. 2747, 2748 and 2749), the death of the
                Analyses, alcohol (ethanol       person was occurred because of burns, and
and methanol) was not found in the blood         asphyxiation due to smoke inhalation and
and systematic toxicological analysis of the     carbon monoxide poisoning.
samples revealed none of these substances.
                                                                      Documents of the Massacre

                 Nilüfer Alcan                                        Gülser Tuzcu
                 (37 years old)                                       (38 years old)
                 During the intervention by the                       Attention is drawn to the
                 security forces in Bayrampasa                        knowledge     and      findings
                 Closed Prison on 19.12.2000 it                       arising from the Specialized
                 was reported that Nilufer                            Morgue          Department’s
ALCAN, born 1963, was found dead, and on                              autopsy and investigation;
20.12.2000 an autopsy was carried out on her
                                                   1- According to the Specialized Department for
corpse by the Specialized Morgue
                                                   the Chemical Analyses, alcohol (ethanol and
Department of The Forensic Institute and its       methanol) was not found in the blood, systematic
findings and data are given;                       toxicological analysis failed to find substances in
                                                   the samples, blood gas analysis by the Co-
1- The report of the Specialized Department for
                                                   Oximetre        apparatus        found       44.4%
the Chemical Analyses states that no alcohol was
                                                   carboxihemoglobin and 8.3% methemoglobin in
found in the blood, and that moreover no toxic
                                                   the blood, in clothing parts and skin samples a
substances could be found in the blood, internal
                                                   small amount of toluene, an organic solvent of
organ parts, urine, skin fragments, hair and
                                                   the kind found in thinner, was found, xylene and
clothing parts. The blood contained 57.2% of
                                                   methanol were not found,
carboxihemoglobin and 3.1% of methemoglobin,
aqueous fluid contained 8.13 mEq/L of Potassium    2. The report states that in the autopsy, the body
K, clothing parts, hair and tissue samples         was burned to a very high degree of
contained no organic solvents (toluene and         carbonisation, with much of the extremities and
xylene) like those in thinner, nor was there       tissue lost, extensive examination of the trachea
alcohol (ethanol, methanol),                       revealed burns, smoke inhalation and carbon
                                                   monoxide poisoning connected to asphyxiation as
2- The report expresses the opinion that in the
                                                   the cause of death. (Also see: Appendix-1
autopsy of the external body and the respiratory
                                                   Autopsy Reports)
passages, intensive work established that death
was caused by smoke inhalation and carbon
monoxide poisoning, leading to asphyxiation.




     This photo was taken when the female prisoners were taken out
     by the military forces
                                                            Documents of the Massacre

                            2- Expert Reports
After the operation has been carried out,    c) That the people who are exposed to
detailed scene investigations were made      the tear gas would feel burning
in Bayrampaşa Closed Prison C-Block and      sensations in their eyes and skins,
an export report was prepared. The           irritations, burning sensations in the
report was prepared by the Chair of          respiratory organs, panic due to
Forensic Institute Prof. Dr. Oğuz Polat,     suffocation sensation, nausea, dizziness,
Specialized Morgue Department Forensic       headache, drowsiness and mobility
Expert Dr. Bülent Şam, Specialized           restrictions,
Morgue Department Forensic Expert, Dr.       (…)
Gökhan Banuk, Specialized Department
for Physical Investigations Expert Assoc.    e) That we found 45 exploded tear gas
Prof. Dr. H. Bülent Üner and Specialized     bombs with different shapes in C-1 ward,
Department for Chemical Analyses             which means that the tear gas effect was
Chemical Engineer Ayşegül Caymaz.            exceeded over the lethal dose;
Dated 14.01.2001 and named as the            2-a) That the tear gas bombs spread after
Bayrampaşa Closed Prison Terror Section      the explosion which can only destroy the
C-Block Scene Investigation and Expert       outer jacket of the bomb, but also
report, this report revealed the striking    keeping in mind that the bombs carry
truths.                                      labels on them which writes “Not for
                                             indoor use, enough ventilation should be
The report is so clear that, we quote its    provided… Throw the bombs to the places
entire conclusions chapter here:             where there are no humans or
Evaluating all the       findings and        flammables…”, that it is known some gas
information obtained from detailed scene     bombs and rockets should be thrown to
investigation which was carried out on       the areas that might easily catch fire,
22.12.2000 and on 19.01.2001 in              b) That apart from the inflammable
Bayrampaşa Closed Prison C-Block Terror      materials like paper, cloth, sponge beds
Section and from the physical and            inside the ward, we have also found a PET
chemical analyses and the investigated       bottle contaminated with organic
documents:                                   solvents like benzene and toluene, and
1-a) Considering the facts that the lethal   organic solvents and ethyl and methyl
dosage duration for the 20g of CS            alcohol on the burnt clothes and tissues
substance in a closed area of 30 cubic       of the persons who were burned to the
meters was found to be 38,1 minutes,         death inside the ward.
b) That in the round and plastic bodied      3-a) Basing on these findings and
bombs (APG, ŞK, Artificio, CS type gas       information, this report expresses the
bombs found at the incident scene), there    opinion that the shots which formed the
is 35g CS and 0.21 g explosives and the      entire bullet holes detected all along the
total gas spraying time is 12 seconds and    C-Block main corridor were fired, as
that the bombs roll all over the place       mentioned in the exploration record
during its spray, the possibility for the    dated       19.01.2001,     from       the
people inside to throw them out is very      administrative part of the building
low,                                         towards the 19. Ward direction and that
                                                           Documents of the Massacre
no findings were recorded to support the    an unidentified substance which was
claims that there were shots to the         composed of calcium, oxygen, carbon
reverse direction as well,                  and silicon was present in various
b) and that as a result of our              locations of the C-1 Ward where the 6
investigations inside the yards between     female prisoners were burned to
the wards, the shots which formed the       death.
bullet holes on the windows, walls and
                                            The report makes clear that all the
inside the wards were detected to have
been fired from the roofs of the opposite
                                            shots were fired from where the
wards and/or from the loopholes at the      security forces located towards the
internal facades of the yard walls.         prisoners’ side but not vice versa. This
                                            finding refutes the claim that the
This report revealed many findings and
                                            prisoners were also using firearms. The
truths as to what have been experienced
during the incident.                        report also reveals that excessive
                                            amounts of gas bombs were used and
In the report, detected were the many       last but not least, with this report the
firearm bullet entrances and exits          sources of the fires during the
inside the wards and the corridors          operation were proved to be the
together with the gas bombs which           security forces themselves.
should not have been thrown to closed
areas. The report also found out that       (Appendix-2        Expert        Report)




    Another newspaper article reads: “Witness from Hell, the survivor Ebru
    Dincer said ‘We were blasted with a chemical substance poured on us’.
                                                                   Documents of the Masacre


                      Summary of the Facts
          Revealed by the Expert Reports
                                                 and throw the bombs back” and the report
1- 45 gas bombs were thrown deliberately         says that they found “towels over many
by the gendarmerie to the C-1 Female Ward        bombs”.
where the 6 women were burned to the
death. This was “over the lethal dose”.          6- The first sentence of the report writes “the
                                                 originality of the incident scene was
2- Although on the labels of the bombs, it       changed”. The report explains how this
was written that “Not for indoor use, enough     originality had been changed. For example
ventilation should be provided… Throw the        the place which turned into a blood lake
bombs to the places where there are no           during the operation had been covered by
humans               or                                                      concrete. It is
flammables…”,       the                                                      understood that
bombs      were     still                                                    effort had been
thrown to a small and                                                        spent to spoil the
overcrowded ward full                                                        proofs.        This
of 27 female prisoners.                                                      means      another
3- According to the                                                          crime            of
reports, the ward was                                                        spoliation     was
set on fire and                                                              committed.
moreover, shots were                                                         7-       In     the
regularly fired towards                                                            “Gendarmerie
the ward according to                                                         Incident     Scene
the remains and holes                                                         Record”      which
of the bullets.                                                               can be found in
4- Not only in female                                                         the Appendix-5, it
prisoners’ ward, but in                                                       is argued that the
all wards, the shots                                                          gas cylinders were
were fired from the                                                           transformed into
administrative building                                                       flame throwers by
towards the wards.                                                            the prisoners. But
And “weapons with                                                             the expert report
high kinetic energy was used”.                   says that there was not even a scratch over
                                                 these gas cylinders, thus, refuting yet another
These kinds of long-barreled weapons are
                                                 lie told by the executors of the operation.
being used by the army. This refutes the
gendarmerie sourced claim that “the clashes      8- Gendarmerie used pump-rifles which has
began and prisoners had Kalashnikovs on          the capacity to hit more than one people,
their hands.”                                    apart from the bombs and long-barreled guns
                                                 used in the operation. Two cartridges that
5- The statements of the prisoners who faced
                                                 belonged to these weapons were found in
the massacre and the expert report overlaps.
                                                 the C-1 yard. Such were the weapons used in
For example according to the statements of
                                                 the operation “Return to Life”.
the prisoners, they “used towels to neutralize
                                                                     Documents of the Massacre

 3- Exploration report dated 19.01.2001
 and the exploration report dated 2005
                                                      gendarmes entered a little earlier and towards
Attention must be drawn to the emerging truths
                                                      the administrative area.
in the exploration by Public Prosecutor Cafer
Koman, Assoc. Prof. Dr. Bulent Uner, expert           Together with this, considered to have a special
Aysegul Camaz, expert Bulent Sam, Z secretary         importance, an empty bomb casing labeled in big
Cigdem Agdag and driver Oktay Yavuz dated             letters “TEAR GAS” was found on the upper floor
19.01.2001, preparation number 2000/21034.            of dormitory C14, under a table on the right side
The important part of the exploration record is       of the dormitory entrance looking towards the
quoted as follows:                                    front of the internal wall. The bomb casing had
                                                      on it the warning instructions “Throw the bomb
“Due to the fact that the previous exploration of
                                                      to the areas where there are no human or
the scene took place in darkness, there was no
                                                      flammables, do not use in closed areas, there
light, the sky was dark and it was also cloudy and
                                                      should be enough ventilation”. (Appendix-3
snowing, a sufficient investigation inside the
                                                      Exploration Report)
prison could not been carried out and moreover,
to ascertain the truth of claims made in the          Survey report dated 17.10.2005
operation record held by the gendarmerie, the
                                                      With the participation of the 3rd Criminal Court
first network in C Block was entered. The fire
                                                      in Eyup Judge, Attorneys and Expert, an
locations and electric panels in the doors of the
                                                      exploration was performed on 17.10.2005 in the
networks as well as corridor walls, ceilings,
                                                      C-Block of the prison. It was carried out five
beams, and side walls were examined.
                                                      years after the operation and after dozens of
We got the impression that there had been some        alterations and repair work had been carried out
intervention earlier, concerning the bullet holes     in C block, but yet hundreds of bullet holes were
in the walls and in the plaster. And while it was     found. The report’s concluding section is as the
necessary for those bullets to be there, it is        following:
understood that they were not...
                                                      “When examining the corridor in question, no
At the end of the corridor, in front of the door of   bullet traces remaining from the incident could
the 19th ward, a bullet with a diameter of 7.62       be detected on the walls and ceilings, but bullet
was found and given to the aforementioned             traces were observed on the heating system
forensic experts...                                   pipes, electric sheet panels, fire cupboard covers
After the detection of these peculiar traces and      and on the ironworks which cut vertically the
findings, the aforementioned forensic experts         corridor and were called as grids. Again, as
revealed that all traces of bullets along the         explained above bullet traces could still be seen
corridor was from the administrative building         in some ward doors. When the traces in the
towards the 19th dormitory, that no traces of         doors, heating pipes, electric sheet panels and
bullets were towards the administrative               fire cupboards were examined, it was seen that
building, therefore it CANNOT BE TRUE, as             the traces of bullet entries were from C-1
stated in the gendarmerie operation records,          dormitory towards C-19 dormitory, and that the
that the people who set themselves on fire and        bullet holes are present from the waist level and
went into the corridor towards the gendarmes,         randomly running up to the ceiling, and several
were shot by their own friends, because as was        bullet holes were quite close to the ground.”
stated before, it is understood that there was        (Appendix-4 Exploration report)
no trace of firing from where the convicts and
prisoners were towards the direction where the
  4-The Operation Records Written by the
  Gendarmerie Involved in the Operation
The document number 15 in the             calls by beginning to resist, shouting
appendix is the record kept by some       slogans, hoisting banners and “opening
gendarmerie in charge and it gives the    random fire from the wards and yards
account of how the operation was          towards the roofs and dormitory
carried out. This record is full of       windows, using the weapons in their
misstatements, contradictions, and        hands”. The complainants stated that
illogical expressions. The record which   they shouted slogans but “had no
was supposed to explain the               means to resist other than our voices,
operation, the causes of deaths and       to protect ourselves we set up
how they occurred was prepared with       barricades.”
the intention of making up crimes
from thin air. For example it is said
that all the shots were fired towards
air. There are 12 deaths but there is
not a single logical explanation about
those.
Not only one single chapter but the
entire    document     is    full   of
contradictions. Because of that, the
document is included in the appendix
but the contradictions and lies inside
the record is below. (Please see
Appendix-5 Operation Record)


LIE 1: The first lie is that when the
operation started, a “warning” was
issued. In fact as soon as they entered
the main corridor, they started a          Newspaper article reads: “Public
running fire and at that point Erol        Prosecutor Citici did not sign the
Arıkan was wounded in the foot and         record.”
Hakan Erkal in the chest.
These injuries happened in front of the
13th ward. All statements by              This is clearly set out in the statements
complainants agree on this.               by the prisoners. Now it is implied that
LIE 2: In the protocol, it is said that   bullet traces in walls and windows are
prisoners of the RPLP-F and CPT(ML)       the result of shots fired by the
lawsuits responded to “surrender”         prisoners themselves. They were
                                                           Documents of the Massacre
surrounded on all sides (the                ward roof were the holes opened up in
gendarmes themselves give details of        a way that the expert report says
the encircling). Do the records mean        “exactly under them there are the
that the people went out into the yard      bomb residues” and the gendarmerie
and started firing at their own             has not stated what the aim of such a
dormitory windows? Was that really          hole was.
the case?                                   There is no explanation why they did
However, all bullet trajectories were       not heed calls saying “Our friends are
from     the    direction      of   the     burning, use the fire hose there,” nor
administrative building, that is, from      why they did not put out the ward fire.
where the gendarmes were, towards           According to the records; “they all
the dormitories, and the expert report      suddenly set themselves on fire,” “We
leaves no doubt on this issue.              looked and some of them were
LIE 3: In the protocol, continual           missing”. There must be an
reference is made to “they converted        explanation why all the women were
bottled gas cylinders into flame            burnt from the head on downwards.”
throwers and attacked”. However the         The gendarmerie records reference to
expert report states that no kind of        “an LPG gas smell” is corrected by the
“bottled gas flame throwers” could be       Forensic Institute report (for the same
found, and it is documented that “they      place) that says “an intense smell of
do not have even a scratch on them”         gas bombs”.
and that “many of them were empty.”         LIE 6: It is known that Birsen Kars
The gendarmes are trying to say how         shouted out as she was being put in an
“right” they were to “defend                ambulance on December 19, “they
themselves” by shooting. However,           burned people alive”. This was the
official documents prove their record       first time everyone was informed of
to be lie.                                  the truth, that they had burned people
LIE 4: Aşur Korkmaz had set himself on      alive. This is why when the
fire to protest against the operation.      gendarmerie report was being
The gendarmes say “friends set him on       prepared, they considered the TV
fire.” They explain the deaths with the     images. This is why the record states
phrases like “They shot each other;         “They prevented us from saving the
they set each other on fire”. However       wounded”. But every line of the
the autopsy reports revealed the real       record arouses suspicion. In the end
causes of deaths very clearly.              the Eyup Attorney Generalship did not
                                            believe the record either and again a
LIE 5: In C-1 women’s ward, six women       delegation of experts made a
prisoners were burned alive. It is not at   determination      that    what    the
all obvious in the gendarmerie records      gendarmes put in the protocol could
that how six female prisoners came to       not be true.
be burned to death in this way. On the
  The Planning of the Operation “Return To Life”
The “Return To Life” operation was carried       o Serhan Karaçuha’s Statement
out by order of the Army General Staff. The      “We came to Istanbul Province’s Hastal
operation plan for special intervention was      barracks. Here we were trained for about two
prepared by the Istanbul Provincial              days on insurgencies.”
Gendarmerie Command on December 15,
                                                 o Türker Gençdogan
2000. The direct intervention at Bayrampasa
was carried out by the Ankara Gendarmerie        “We came to Istanbul from Elazığ by plane,
Special Security Commando units (JOAK). The      we were accommodated at Hastal barracks
Elazig JOAK and Halkali Gendarmerie teams        and carried out a rehearsal for prison
were also part of this. (See: Appendix-6         operations. Later on 19-20 December we
operation plan for intervention)                 went to Bayrampasa Prison with units I knew
                                                 to be from Ankara Special Operations Team,
The Ankara JOAK, based at the Ankara             Halkali and other.”
Güvercinlik is a special unit using special
                                                 o Ethem Altınay
equipments. Both units are trained for active
intervention in these operations. The Ankara     “We boarded to cargo planes and we went to
JOAK in particular is the apple of the           Istanbul Yesilkoy airport. From here we went
Gendarmerie General Command’s eye. This          to 1st Army Command. We waited there two
unit is expert in prison and search and rescue   days and our commanders trained us.”
operations and consists of professional          o Muhittin Özcam
soldiers. Elazig JOAK came to Istanbul four or   “When we went to the prison, Halkali
five days before the operation to make a         Commando Battalion was there as was the
rehearsal of the operation.                      Ankara Operation Units and smoke was
Here is a selection of statements from Elazig    rising from inside”
JOAK unit’s pre-evaluation report.               o Mehmet AKAR
                                                 “We boarded to cargo planes and came to
                                                 Istanbul. We stayed in Istanbul for a total of
                                                 nine days.”
                         Reasons for the Operation
In his answer dated 18.01.2001 given to the Eyüp Public Prosecutor who then performed the
investigation, Istanbul Public Prosecutor Ferzan CITICI explained the reason for the operation as
such:
“As it was known that despite all the efforts the continuation of the Death Fasts would result in
deaths, and in order to ensure treatment for all those in the hands of the organization, intervention
was carried out....it had not been possible to search C block of the prison for nearly 10 years.
2) With the aim of putting an end to this Death Fast action by convicts and prisoners, on the orders
of our Ministry, members of parliament from the human rights commission of National Assembly,
like Tunay Dikmen, Mehmet Bekaroğlu, Kamer GENÇ and Miraç AKDOĞAN, and representatives
of civil society associations like Istanbul Bar Association Chair Yücel SAYMAN, Kaya TUNCER,
chair of the Architects’ and Engineers’ Chamber of Turkey, Turkish Doctors’ Assciation second
chair Metin BAKKALCI; and Cumhuriyet newspaper columnist Oral ÇALIġLAR, writers YaĢar
KEMAL, Orhan PAMUK, Zülfü LĠVANELĠ, Can DÜNDAR and so forth went to the dormitories
and in rooms prepared by the administration engaged in discussions for some hours with the aim of
ending the Death Fasts. Moreover from time to time we met with organization representatives with
the aim of having them give up the action, but they did not do so.
At the request of the prison administration, and over the approval of Chief Public Prosecutor’s
Office, intervention was carried out under the administration of the Gendarmerie Area Command.”
(Appendix-7 The reply of the public prosecutor)
The jurists are also lying regarding this operation. Ferzan ÇİTİCİ did not sign the protocol regarding
the operation start up, because he did not want to be responsible for it. In the petition
dated18.12.2000 requesting intervention, the reason of the operation was basing on
“...preventing the deaths or crippling of prisoners and convicts carrying on actions.” A year later,
speaking the language of the state, the chief prosecutor trampled on the law and behaved in an
immoral fashion. The truth is Ferzan ÇİTİCİ’s intervention application was written upon instruction.
In fact the Gendarmerie cannot intervene in the prisons without such a request. The Gendarmerie
can enter the prison if the Public Prosecutor wants help and requests intervention. For this reason
the Gendarmerie gave a written instruction to Ferzan ÇİTİCİ to write an intervention application.
His attempt to deviate the truth in order to escape from the responsibility is failed.



                            Ferzan ÇİTİCİ’s LIES
LIE 1   – The Intervention Application was             The record dated 18.12.2000 reveals the
not written upon instruction                           truth about Ferzan ÇİTİCİ. Kept by the Public
                                                       Prosecutor Kemal CANBAZ, the record is as
The demand for an operation did not come               follows:
from the prison administration to Ferzan
Çitici. He already knew that the intervention          “At about 17:00 o’clock on 18.12.2000, the
was going to be made and that some special             mobile phone of our Public Prosecutor’s
                                                       Office was called by the Ministry of Justice
plans were prepared beforehand. He would
                                                       and they asked me to go immediately to the
be asked to write an application when it was
                                                       Istanbul       Provincial        Gendarmerie
time. Thanks to the records kept in Üsküdar            Commander’s Office, saying I would be given
Prosecutor's Office, we can understand that            instructions by secure telephone. In
Ferzan Çitici was given an instruction about           conformity with the instruction, I went to the
this application.                                      Provincial    Gendarmerie       Commander’s
                                                                 Documents of the Massacre
Office, and saw that Chief Public Prosecutor     from pillows to the walls and that no
Ferzan ÇİTİCİ was also there.                    problem was encountered. The claim that
The secure phone of the Provincial               they had no control over the wards and that
Headquarters was called by the Ministry of       they cannot conduct any searches were
Justice and it was said that in order to take    proved to be wrong with this record.
the Death Fasters to the hospitals, the
intervention to the prisons will be made at      LIE 3 – The state allowed the negotiations
5:00 o’clock in the morning and for this         to continue
purpose the application for the intervention     A committee composed of intellectuals,
of the gendarmerie should be submitted to the    artists    and PM’s        were    conducting
Provincial Gendermarie Headquarters.”            negotiations with the prisoners and convicts
(Appendix-8 Public Prosecutor Kemal              as mentioned in the record. Negotiations
CANBAZ’s record)                                 began on December 9, 2000 and went on
LIE 2  – Regular searches could not being        until December 17, 2000. Negotiations were
                                                 going on well and many concrete decisions
conducted inside wards
                                                 were made and when the resistance was
In his reply, Ferzan ÇİTİCİ argues that it was   about to be ended, instructions came to
impossible for the prison administration to      break the negotiations off. The claim about
carry out searches inside the wards. The         the negative results of the negotiations was a
following document reveals the truth about       lie. Likewise, then PM Mehmet BEKAROĞLU
the prosecutor’s claim.                          who took a role in the negotiating committee
                                                 made a statement in which he said “we are
General Search Record                            deceived” by the state authorities. The
                                                 negotiations with the prisoners and convicts
Regular searches were being conducted            were just to gain time. The state was
inside the C-Block where the so-called           insistent to the carry out an operation and in
terrorist were staying. The most recent          the declarations afterwards, they said “we
general searching process before the             were prepared for the operation a year ago.”
operation was conducted on December 7,
2000. Here is the relevant part of the search    LIE 4   – Some prior deaths had occurred
record;                                          before the operation
“According to the prepared plan, dining hall,    The operation was declared to be conducted
dormitory, bath and toilet grounds of the        just to save the lives of the death fasters who
wards and pillows, cupboards and bags which      were about to die. As a result 28 people were
could be used to keep soil, were checked and     killed, hundreds of people became
afterwards heaters, heater cores, the places     permanently disabled and the death fasts
under the fridges, window bars on the garden
                                                 went on for 75 more months. 122 people lost
side, concrete grounds and ward walls were
                                                 their life in the struggle against the F-Type
checked with plastic hammers. Manholes in
the garden which is called as yard, corridor     isolation prisons. Moreover, Minister of
bars and garden walls are checked.”              Justice Hikmet Sami Türk declared that the
(Appendix-6)                                     operation was carried out to transfer the
                                                 prisoners to the F-Type prisons which are
As it can be understood from the records, the    based on isolation system.
wards were being searched in detail with a
crowded team. It is understood that the
necessary investigation had been carried out
                         Bayrampaşa Case
If the official documents which were          On May 25, 2005 an objection was raised
published in the national pres did not        against the decision of Istanbul
exist, the judicial authorities would never   Governorship.
file a lawsuit about the prison massacres
that took place on December 19-22, 2000.      On     June      28,    2005     Regional
All the statements of the prisoners and       Administrative Court reversed the
convicts were verified on December 19,        decision of Istanbul Governorship.
2000. Now let’s see how the investigation     Preliminary examination started again and
stage of the BayrampaĢa Case was              as a result of this examination on April
conducted ten years after the massacre.       10, 2006 Istanbul Governorship decided to
Right after the operation, a request was      not to give permission for the
made to arrest all convicts and prisoners     investigation.
who were victims of the massacre.             As a result of the objection raised against
68 days after the operation, a suit was       the decision of Istanbul Governorship, on
filed against the convicts and prisoners.     21.09.2006 the objection was accepted
                                              and a decision was made to start the trials
A suit was filed against the gendarmerie      and to proceed the investigation.
officers who transferred the convicts and
prisoners to other prisons and because of     The only procedure that was recorded to
“ill-treatment, torture.” This case was       the investigation file before 21.09.2006
eliminated due to lapse of time.              was that the name list of the people who
                                              participated to the operation was
The investigation on the 12 murdered          investigated. Only the preliminary
people and heavily wounded started in         investigation     about     the    Elazığ
2003. As a result of the criminal reports     Gendarmerie Special Security Commando
and revealed reports, permission was          Forces took six years.
asked from the Istanbul Governorship to
bring the gendarmerie officers before the     Preliminary examination and investigation
court. Istanbul Governorship decided to       files were prepared for Ankara and Elazığ
not to give any permission for the            Gendarmerie Special Security Commando
investigation of the responsible persons on   Forces. Elazığ sent the name list of the
August 25, 2003.                              people who participated to the JOAK
                                              operation. But the information about who
On December 12, 2003, an objection was        was in which unit and how he took place
made against the decision of Istanbul         in the operation was not given.
Governorship to “not to permit the
investigation”. Regional Administrative       Ankara JÖAK did not give any
Court reversed the decision of Istanbul       information about the identities of the
Governorship on March 16, 2004, because       people who participated to the operation
it was made without taking any                from the beginning. Ankara JÖAK claims
testimonies.                                  that the operation plans and information is
                                              in     the     Provincial     Gendarmerie
On February 18, 2005, preliminary             Headquarters,     and     the    Provincial
examination restarted. On April 2, 2005       Gendarmerie Headquarters claims the
Istanbul Governorship again decided to        reverse.
not to give permission for the
investigation.
                    Ankara Gendermarie
           Special Public Security Commando Unit
The main intervention team of the operation        Numberless written applications were sent to
was the Ankara Gendarmerie Special Public          the Ankara JÖAK, and they permanently
Security Commando Unit. Established in             replied that they don’t have the information
September 1999, this team is specialist in         in their archives. The memorandum of Eyüp
indoor operations and also took part in the        Attorney Generalship dated October 18, 2002
domestic security campaigns in the                 was answered by Colonel Burhan Ergin on
southeastern region. It is formed by the           December 31, 2002 as the following: “The
Gendarmerie Headquarters for important             information about the names… necessary
missions. In the framework of its expertise,       information and documents should be asked
this unit also has some special equipments         from Istanbul Gendarmarie Provisional
and weapons which are not owned by other           Headquarters”.
gendarmerie and security forces. The               A name list was requested from Ankara JÖAK
members of the unit wear some special heat         in 2005. A new letter was sent in 2006. And
resistant suits and garments.                      with a letter dated March 9, 2006, Ankara
The identities of the unit members who took        JÖAK commander Lieutenant Colonel H. Zafer
part in the operation, except its commander,       KOÇ said that “regarding the records and
was not declared. The reason for this was          information about the operation, G. Colonel
that all the soldiers of the unit were there for   Yusuf Burhan ERGİN who was then the G.
their compulsory military service.                 Comd. Sp. Sec. C. and is still Edirne Provincial
                                                   G. Commander must be applied.”
The intention to not to expose the Ankara
Gendermarie      Special     Public    Security    Colonel Burhan Ergin, in his reply to the
Commando Unit was also made clear in the           Provincial Gendarmerie Headquarters on
book written by Captain Zeki BİNGÖL who            March 17, 2006, said that:
was on duty in the Bayrampaşa Prison               “No records are present regarding the
Security Unit during the operation: “… We          intervention… Since the events were
went to the Gendarmerie Headquarters by            unfolded spontaneously without any plans,
military cars with the prepared files. Ankara      preparations or organizations, the counter-
Special Operations Commander Albay B.E.            measures occurred similarly. Because of that
(Burhan Ergin) was present in the meeting as       no previous measures were invented
well. He said “I won’t give the name lists of      beforehand, therefore there are no records.
the people who took part in the operation. At      And due to the fact that the personnel were
the beginning it was said that no names            wearing protective clothes and gas masks
would be taken under the records”. The files       during the intervention, it was impossible to
were sent to the attorney generalship as           identify everybody unless you were with
such. But the names of the units which would       them or asked their identity cards. The
take part in the hotspots of the operation         personnel mentioned in the memorandum
were not mentioned. It was very strange,
                                                   (a) and entered into the C Block operated
because they were hiding the names from            under the noncommissioned officer Süreyya
the public prosecutors… Namely, nobody             Yalçınkaya and noncommissioned officer
wanted to have their names on the operation        Zafer Sabancı who served for the Tunceli
records.” (Zeki Bingöl, Bayrampaşa Cezaevi         Provincial Gendarmerie Headquarters. It was
Gerçeği, Togan Yayıncılık. p. 172-173)
                                                   detected that these noncommissioned
The commanders of Ankara Gendarmerie               officers spontaneously took a group of
Special Public Security Commando Unit have         privates with them and entered into the C-
changed, but the answers have not.                 Block but the numbers and identities of them
could not be identified. It can be understood       entered into the C-Block. He gave the names
that, once the privates were discharged, it is      of the seven people who took part in the
very hard to find them and obtain correct           operation in the same unit. The individuals
and trustworthy information. The only               mentioned in the record were charged in
information that was possible to obtain was         Ankara JÖAK. While those individuals are
that if G. Sgt. Maj. Süleyman BÖLÜKBAŞI in          suspects without a doubt, Burhan ERGIN
Vize G. Comd. Bt. HQ, G. Sgt. Maj. Hidayet          asked them to be listened as witnesses.
YORGANCI in Çanakkale 116. G. Pr. Tra. HQ,          The testimonies of Süleyman Bölükbaşı,
G. Pr. Lieutenant Mustafa ARI in Bursa              Ramazan Yıldız, Mustafa Arı, Mustafa
Provincial Gendarmerie Headquarters, G.             Katipoğlu, Mustafa Aksoy, Latif Sarsu,
Spec. Sgt.Latif SARSU in Kahramanmaraş G.           Hidayet Yorgancı were taken, but somehow
HQ, G. Spec. Sgt. Ramazan YILDIZ and G.             all those people repeated each other’s
Spec. Sgt. Mustafa AKSOY in Ankara G. Tra.          testimony. In sum, they said that they did not
HQ and G. Spec. Sgt. Mustafa KATİPOĞLU in           go into C-Block, they did not know who
Siirt G. HQ are contacted with, it could be         entered inside and that they cannot
possible to obtain information from their           remember it completely but they saw
witness testimonies.” (See Appendix-8               noncommissioned officers Zafer SABANCI and
Burhan ERGIN’s Reply)
                                                    Süreyya YALÇINKAYA went inside.
Burhan ERGİN is among the most important            According to the information added inside
people who were responsible from                    the file, Süreyya YALÇINKAYA escaped from
Bayrampaşa massacre. As it can be                   the military service on March 11, 2001 and
understood from the record, he is making            went abroad and Zafer SABANCI lost his life
false statements.                                   on August 1, 2006 in Tunceli province due to
The fact that the operation was not                 drowning.
spontaneous but prepared long before were           Without a doubt Burhan ERGIN is aware of
declared by the official authorities. It is a big   the situations of both Süreyya YALÇINKAYA
lie that it was impossible to find the name list    and Zafer SABANCI. Therefore he wanted to
of the people who took part in the operation        seem like he was giving information and to
and that their identities are unknown.              get rid of the suspicions. He wanted to
Why the testimony of Burhan ERGİN, as one           prolong and delay the investigation
of the executers of the massacre, was not           processes.
taken within the scope of preliminary               Burhan ERGIN is a murderer and he should
investigation but instead he was asked for his      stand trial. But he was not included among
information? In some way that we don’t              the suspects of the Bayrampaşa case. Evasion
know, he did not give any information until
                                                    to have the real perpetrators judged is also
the year 2006 but suddenly remembered the           valid        for       Burhan         ERGIN.
people who participated to the operation and
               DECEMBER 19 TH MASSACRES IN PRISONS
     INDICTMENT FOR BAYRAMPAŞA CASE
Will they research on the truths during the      Prosecutor, from the very beginning, knows
first hearings to be held 10 years after the     that Ankara Gendarmerie Special Public
operation?                                       Order Command was a part of the team
                                                 interfering with the prisons. Documents and
Will they reveal the perpetrators who killed
                                                 information approve his. However prosecutor
12 and disabled many?
                                                 did not file a suit against Burhan ERGİN, who
Or will they simply acquit Bayrampaşa            was then the Gendarmerie Special Public
operation through trying 39 soldiers?            Order Commander. He was not even
Thousands of soldiers had participated in        investigated.
Bayrampaşa operation and only 39 of them         He asked Burhan ERGİN only to bear witness
will stand in the deck. This is the Reality of   and quashed the charge against 7
Turkey…                                          functionaries from Gendarmerie Special
For example, even they had not investigated      Public Order Command (Süleyman Bölükbaşı,
Halkalı Gendarmerie Commando Battalion           Ramazan Yıldız, Mustafa Arı, Mustafa
Command and Bayrampaşa Prison Guard              Katipoğlu, Mustafa Aksoy, Latif Sarsu and
Division Command, both of which had              Hidayet Yorgancı.)
participated in the operation.                   The indictment does not refer to scouting
Then, how the prosecutor had drafted the         reports, expert reports and statements of the
indictment which will ensure that even 39        complainers, which reveal many aspects of
soldiers remain unpunished?                      the truth. Those who were subjected to the
                                                 operation had been shown as the responsible
The investigator prosecutor, who claims to       parties of the operation.
work meticulously, examined the testimonies
of the accused during the pre-investigation      The indictment        had    been     prepared
phase. He filed a suit against only those who    carelessly
said, “I participated in the operation, I        The indictment had been prepared so
entered inside the prison.” Only some            carelessly that the lawyers of the complainer
soldiers from Elazığ Gendarmerie Special         had been written on the indictment as the
Public    Order    Command        had     born   complainer.
testimonies. Addresses of many accused
                                                 Names of some complainers had been
people could not be found. Prosecutor, let
                                                 written twice.
alone hearing all members of the troop, even
did not take the testimonies of those who        Totally 77 people among the names in the file
had involved in the operation. He found any      had been transferred to the hospitals. 167
testimony given to the gendarmerie               people had been subjected to the operation.
functionaries sufficient and sincere. The        Whereas, many people, including the
testimonies, however, are full of conflicts.     severely injured, had to be included in the file
Prosecutor decided to quash the charges          as victims, they had been included only as
against those who denied having entered in       complainers.
the prison buildings. In other words, he
decided that there was no need to file a suit.
But why those who had commanded and
gave instructions to the soldiers against
whom he decided to file a suit? Why and how
the prosecutor protected the superiors? We
don’t know this.
Contact
Istanbul Branch of Contemporary Lawyers’
Association
E-Mail: Oya Aslan, oyaavukat@gmail.com
Telephone: +900536 317 46 93

				
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