Investigation against HDP MPs Kaya and Gergerlioğlu over ‘Gare’ posts

Click to read the article in Turkish (1) (2) (3) (4) / Kurdish

Making a statement yesterday (February 14), Turkey's Minister of National Defense Hulusi Akar announced that the Turkish Armed Forces (TSK) concluded its "Operation Claw Eagle-2" in the territory of the Kurdistan Regional Government (KRG) in Iraq's north and the dead bodies of 13 people, held by the Kurdistan Workers' Party (PKK), were found during a search in a cave in the mountainous Gara (Garê) area.

Amid these developments, the Ankara Chief Public Prosecutor's Office has launched an investigation into the social media messages about the 13 people who lost their lives in the Gare operation.

Among the ones investigated over their posts are Peoples' Democratic Party (HDP) MPs Hüda Kaya and Ömer Faruk Gergerlioğlu.

In a statement about the social media investigation, the prosecutor's office has announced that the related social media users are now investigated on charge of "propagandizing for a terrorist organization" as per the Article 7/2 of the Anti-Terror Law (TMK) and on charge of "degrading the Turkish Nation, the State of the Republic of Turkey, the institutions and bodies of the state" as per the Article 301 of the Turkish Penal Code (TCK).

Shortly afterwards, the state-run Anadolu Agency (AA) has announced that an investigation has also been launched against Kaya and Gergerlioğlu.

In a series of messages on her Twitter account, İstanbul MP Kaya briefly said, "Are the truths distorted to such an extent? The families of our soldiers held hostages came to visit us several times and met with party officials. They attacked as we said, 'Peace'. The Republic of Turkey bombed the hostage camp and they stopped when they understood that they had died. Those who said 'Yes' to war motions are now lamenting."

Hakikat küfürle, linçle, iftirayla, tehditle yok edilemez.

Bir çift sözüm var, biri Saray tetikçilerine, biri de muhalefete.

Ey tetikçi troller ve saray sözcüleri!
Sizi ne dediklerinizden değil ne yediklerinizden tanıyorum ve anlıyorum. #Gare

— Hüda Kaya (@HudaKaya777) February 14, 2021

HDP Kocaeli MP Ömer Faruk Gergerlioğlu also said, "The relatives of the soldiers held hostages by the PKK applied to me 2.5 years ago. They asked for my help so that they could come back safe and sound. Those people would perhaps be alive today if there was an environment of peace. I could have done anything for peace and life, but the state officials had never thought of something like that, they did not take a step."

PKK elindeki esir askerlerin yakınları 2,5 sene önce bana başvurmuştu. Sağsalim dönüşleri için yardım istemişlerdi. Bir barış ortamı olsa belki o insanlar hayatta olurdu. Barış, hayat için her şeyi yapardım ama devlet yetkilileri böyle bir şeyi hiç düşünmedi, adım atmadı.

— Ömer Faruk Gergerlioğlu (@gergerliogluof) February 14, 2021

'Diplomatic efforts succeeded before'

On the other side, the HDP Central Executive Board has released a statement about the losses of life. The statement of the party has read:

"Hulusi Akar, Turkey's Minister of National Defence made a statement on February 10, 2021 after midnight, on the military operation carried out by the Turkish Armed Forces (TAF) in the Gare Region, of Kurdistan Regional Government, Iraq that the bodies of 13 deceased citizens were reached. At least 50 others were also killed during the operation, he reported.

"Depending on media reports and comments those "13 citizens" are predictably believed to be the soldiers, policemen and government officials known to have been in the hands of the PKK for a long time.

"We, in the name of HDP, express our deepest regret and condolences to the families and loved ones of those 13 people who by no means were capable of protecting themselves against an armed attack and also to others who have lost their lives as a result of this cross-border operation.

"In similar previous cases throughout the 40-years-long conflict that have caused the lives of tens of thousands, many soldiers, policemen and government officials had been captivated by the PKK yet all were released upon successful diplomatic efforts to prevent any harm to the captives. As a result of negotiations carried out by the initiatives comprising human rights organizations and peace activists all captives without any exception had safely returned to their homes.

'They avoided taking on responsibility'

"HDP, as part of its responsibility to contribute to peace and conflict resolution efforts, has been in close contact with the families of the captive soldiers, policemen and the government officials from the very first moment.

"The families and relatives who have been striving to liberate their sons have visited our parliamentary group at least four times along with Human Rights Association (IHD) officials in 2015, 2016 and 2019, and urged for further efforts for the release of their loved ones.

"During our talks, in the press statements and in the parliamentary assembly hearings we have always expressed our readiness to assume all responsibilities and tasks should the government and other parties accompany our efforts.

"Albeit the Peoples' Democratic Party has repeatedly brought the requests and demands of the families and of the public the parliament's agenda questions raised for the government have remained unanswered.

"The government has responded neither affirmatively nor negatively to the desperate attempts of the families and further, it has forced some of the families to join the sit-in vigil in front of our Provincial Offices in Diyarbakır.

"As previous examples showed, however, it was quite possible for the Government to encourage the efforts and set up a delegation comprising NGO representatives, peace activists and influential political figures to clear the way for the captives' safe return to their families.

"Unfortunately, the government avoided taking on its diplomatic and humanitarian responsibilities to save the lives and ensure the freedom of its own officials who are lost in a military operation without any clear purpose or target.

"Ultimately having handed the captives in coffins to their families, the Government now seeks to wash its hands out of this disaster and attribute all the responsibility of the losses inflicted by the military operation to our party who has always stood with the families throughout these times. This is unacceptable.

'Bring the ongoing conflict to an end'

"The government is in no position to bring our party to account, on the contrary, the Government itself must be held accountable before the families of the captives and the public.

"Meanwhile, the PKK should acknowledge both the domestic and international public opinion regarding the conditions surrounding the deaths of the captives and of its own responsibility Ankara, Hewler and Baghdad governments should provide access to national and international media outlets to observe the conflict zone where the captives have lost their lives.

"We call on national and international human rights organizations to take action to investigate the incident and the ensuing deaths in full detail.

"The lives of the other captives already in the hands of the PKK should not be left at the mercy of chance in the conflict. The PKK in response to the demands of families and the public, should release the rest of the captives held by them. 

"On this occasion, we once again express that the only way to prevent human losses is to bring the ongoing conflict to an end and break the deadlock haunting the Kurdish Question through democratic and peaceful means.

"Once again, we mourn for the human losses and express our condolences to their families and relatives." (DŞ/RT/SD)