The Supreme Court of Appeals upheld the acquittal of Turkish non-commissioned officers Ali Kaya, Özcan İldeniz and informer Veysel Ateş who attacked the Umut Bookshop in Şemdinli in 2005.

The three were caught red-handed while fleeing after leaving a bomb at the Umut Bookshop. However, the 3rd Penal Chamber of the Supreme Court of Appeals, upheld the decision of the Van 1st High Court on 3 defendants who were accused of "killing people", "forming a criminal organization" and "attempting to kill people". The court claimed that there was no definite, concrete and convincing evidence that the defendants had committed the alleged crime.

Yaşar Büyükanıt, the Commander of the Turkish Land Forces at the time, said: "I know, they are good guys", speaking about officers Ali Kaya and Özcan İldeniz.

What happened?

A bomb attack was carried out against the Umut Bookshop in Şemdinli, in the province of Hakkari, on 9 November 2005. The bookshop belonged to Seferi Yilmaz, who later was elected mayor of the city.

Ali Yılmaz and Mehmet Zahir Korkmaz lost their lives in the attack. The responsible of the attack, non-commissioned military officers Ali Kaya and Özcan İldeniz and informer Veyse Ateş were caught by people while fleeing.

In the vehicle of the perpetrators, four folders with 300 pages were found, including three lists with the names of 105 people written on them as well as sketches, maps, ID cards and written permissions. Another document contained the picture of 18 prospective delegate candidates of the pro-Kurdish Democratic Society Party (DTP).

Following the attack, the then Commander of Land Forces Yaşar Büyükanıt, who later became the Chief of General Staff, made a statement about the suspects and said, "I know [them], they are good boys."

An investigation was launched into the attack on 22 November 2005. Ali Özcan, Özcan İldeniz and informer Veysel Ateş were arrested on 28 November. The non-commissioned officers were sent to military prison.

On 19 June  2006, the Van 3rd High Criminal Court ruled that Kaya and İldeniz should be sentenced to 39 years, 10 months, 27 days in prison on charges of "killing, establishing a criminal organization and attempted murder."

Prosecutor expelled from profession

Right before the final hearing was held, the prosecutor who issued the indictment, Ferhat Sarıkaya, was expelled from the profession. Sarıkaya said that the military personnel involved in the incident were assigned as part of the Security Order Assistance (EMASYA) and this assignment formed a network of responsibility within a chain of command to the General Staff.

Released after first hearing

Afterwards, the Court of Cassation overturned the local court ruling. Abiding by the ruling dated 27 November 2007, the new court board transferred the case file to the Van Gendarmerie Public Order Command Military Court at the Van Central Command. The arrested defendants were released at their first hearing on 14 December 2007.

After the legal regulation paving the way for soldiers' trial at civilian courts was approved, the intervening lawyers applied to the High Criminal Court and requested that a decision of non-jurisdiction be given for the trial going on at the Military Court (until 22 December 2010) and the case file be sent again to the Van 3rd High Criminal Court.

New arrest warrant

In May 2011, the Court of Jurisdictional Disputes ruled that the case should be heard again by the Van 3rd High Criminal Court. Issuing a preliminary proceedings report, the Van 3rd High Criminal Court issued another arrest warrant against the defendants of the Şemdinli case, non-commissioned officers Ali Kaya and Özcan İldeniz and informant Veysel Ateş.

The defendants were arrested again on 9 June 2011.

At the hearing held on January 10, 2012, the defendants were sentenced to 39 years, 5 months, 10 days each in prison on charges of "killing", "establishing an organization" and "attempted killing."

Released again

Following the failed coup attempt in Turkey on 15 July  2016, the lawyers of the convicted defendants applied to the Van 1st High Criminal Court upon the confessions of the then Van Chief Public Prosecutor Ferhat Sarıkaya about the case and requested retrial.

Accepting this request on 11 October 2017, the court ruled for the defendants' release. At the last hearing held by the Van 1st High Criminal Court, the court first acquitted the three defendants of "establishing an organization" and ruled for a retrial on charges of "killing and injury".

In December 2021, the three defendants were acquitted. Umut Bookshop’s owner, Seferi Yılmaz, criticised the final decision of the Prosecutor’s Office as biased and following the instructions of the government. “The acquittial decision came as a result of the instructions of the current government, rather than an independent decision of the Van 1st High Criminal Court,” he said.