MEDIA MONITORING DATABASE
The Case of the Murder of Musa Anter
RELATED PERSON OR INSTITUTION
Musa Anter
CITY
Diyarbakır
YEAR OF INTERFERENCE
1992
LAST UPDATED
19/10/2022
TYPE OF STATEMENT
Political
MEDIUM
Print Media
Newspaper
THE TITLE OF WHOSE RIGHT IS INTERFERED
Journalist
RIGHTS GUARANTEED UNDER THE RIGHT OF FREEDOM OF EXPRESSION
Right to Impart Information and Ideas
TYPE OF INTERFERENCE
Third-Party Interference
Physical Interference

The 6th High Criminal Court in Ankara neither found Mahmut Yıldırım known as “Yeşil” nor took the deposition of the confessor for PKK and former MIT member in Sweden in the case of 18 defendants concerning the murder of Kurdish intellectual and journalist Musa Anter in 1992and the murders by JITEM back in the 90s.

At the hearing dated 3 July 2019, the case was combined with the case of the murder of Ayten Öztürk held in the 1st High Criminal Court. 

In the last hearing held on September 25, 2019, following the statements of other witnesses, the court listened to the demands of the lawyers of both sides. The trial was adjourned until December 25.

At the 23rd hearing of the case on December 25, after the murder of Musa Anter, journalist Ferit Aslan, who was kidnapped while he was going to the cover the incident, was heard. The court, which announced the interim decision, was expected to execution of the arrest warrants about the fugitive defendants, including Mahmut Yildirim, Latif Şimşek, who made a television show about JİTEM, was invited as a witness and was forced to attend the hearing unless he attends the hearing, and some procedures were taken to rest of the defendants. The trial was adjourned until 25 March 2020 (25 December).

The hearing which, was expected to be held on March 25, was adjourned until 24 April as a part of the efforts to mitigate the spread of Covid-19  (25 March).

The hearing, which was expected to be held on April 24, was also adjourned until 24 June as a part of the efforts to mitigate the spread of Covid-19 (24 April).

At the hearing held on October 20, 2020, the court rejected the request of defendant Hamit Yıldırım’s attorney for the lifting of the judicial control measures on him. The court has ruled that an official letter shall be addressed to the Ministry of Justice so that the statement of Abdulkadir Aygan, one of the defendants living in Sweden, will be taken; the fates and whereabouts of witnesses Celal Yeltekin and Ömer Özüyılmaz shall be asked; an order shall be issued so that witness Latif Şimşek will be brought to court by force; and the answers to the writs about the wanted defendants shall be awaited. The execution of the warrants against defendants Muhsin Gül, Mehmet Zahir Karadeniz, Fethi Çetin and Mahmut Yıldırım is being awaited. The next hearing will be held on January 20, 2021 (October 20).

At the hearing held on November 24, 2021, former Ankara Security Director Zeki Çatalkaya, to whom Beyaz TV moderator Latif Şimşek said he had handed over the letter and strands of Yeşil code named Mahmut Yıldırım, gave his statement as a witness via the Audio and Visual Information System (SEGBİS); he first said that he knew Latif Şimşek only from the press, then, he stated that he went to his office once. He said that the purpose of his visit was personal. In its interim judgement, the court board ruled that the response to the writ written to the Justice Ministry about Aygan should be awaited; the execution of the arrest warrants against defendants Abdulkadir Aygan, Mahmut Yıldırım, Muhsin Gül, Mehmet Zahir Karadeniz and Fethi Çetin should be awaited; the request of the Diyarbakır Bar Association Human Rights Center for involvement in the trial should be rejected; another written correspondence should be made for inquiring about the addresses of witnesses Ömer Özüyılmaz and Celal Yeltekin; and the request for separating the file of Okçuoğlu should be rejected. While the trial has been adjourned until March 23, 2022, the file will face expiry of statutory limitations in September 2022 (November 24). 

At the hearing of the trial held by the Ankara 6th High Criminal Court on March 23, 2022, the court board ruled that the judicial control measures on defendant Hamit Yıldırım should remain in effect. In its interim ruling, the court ruled that the Justice Ministry’s answers to the written correspondences and writs should be awaited. While the case is to end in the expiry of statutory limitations in September 2022, the next hearing will be held on June 20 (March 23).

At the hearing held on June 20, 2022, the requests of the Human Rights Association (İHD) and the Lawyers for Freedom Association (ÖHD) Ankara for participating in the case were rejected. It turned out that the writ foreseeing the statement of Aygan to be taken in Sweden was sent in 2021. The next hearing will be held on September 21 (June 20).

At the hearing held on September 21, 2022, the prosecutor’s office requested expiry of statutory limitations on the grounds that the 30-year period expired. The court ruled that the case should be dropped. The lawyers will appeal against the decision (September 21).

The Anter Family and their lawyers appealed against the court ruling by applying to the Constitutional Court on October 19, 2022 (October 19).