Vanessa Kachadurian on our favorite Attorney Goof

Well well, the self professed Internet Attorney is at it again. Trying to self promote himself. (yawn) California just doesn't want this guy so he has to pimp out his services to other law firms. What happened to the spam marketers he represented? Oh that is right the Supreme court favored the opinion of the TRUE Internet Attorneys and they WON. A Victory for all people who hate SPAM and who hate self-promoting Attorneys. Poor Guy, cannot even get any kind of judgment to stick had to hire an agent who doesn't even want to have anything to do with the swine. Take some speech classes, get rid of the lisp and maybe I can get you an introduction to REAL celebrity Attorneys - Remember I know the best in the world. If Bennie cannot win a case he resorts to name calling, he even does this with other Attorneys like hottie Dan Balsam (calls him a Spamulance Chaser) and I am the owner of his title "Cyper Harassment poster child" with mental derangement. Gee Kelley, I am not the one that labels others then when you are held accountable you cry wolf to the police department and District Attorney of Los Angeles who want nothing to do with your school yard games. I am sorry, you cannot win any kind of case and have to self-promote yourself. Here is the latest. It seems Bennie wants to be appointed to the City Planning Commission of Santa Monica. Here is his application. He will always boast about his paltry awards. Ask Bennet why he no longer writes for the Santa Monica FREE press? http://www.smgov.net/departments/clerk/boards/applicants.aspx?b=15&a=1501 When he loses he has a tantrum and takes it out on the person he loses to. Bennie's poison pen has no muster to it because no one cares about the self-Professed Internet Attorney, Low Life Lying Liberal Lawyer or is it the Prick of Providence? Those of you who don't want this LOW LIFE LYING LIBERAL LAWYER TO gain access to politics beyond just writing about it with his cute little labels please contact the City Clerk of Santa Monica Sarah Gorman. Explain about his prejudices toward the Armenian population and his alliance with a shadowy group that was just featured on "60 Minutes" We don't want this sort of person involved with California politics in any way shape or form. Besides Bennie is not a California Native and did not live in Santa Monica for 9 years. His OFFICE IS IN Santa Monica, he lived in Glendale, CA with the Armenians trying to get some class rubbed on him or maybe he just likes dark exotic men? Well it beats diddling little boys. Your style of writing is getting old, better find a new muse and another wealthy client that can afford to pay you $150,000 while I paid what was it again? oh yes Zero. You won nothing, except Low Life Lying Liberal Lawyer of Los Angeles or is that Rhode Island? We leave you with one of Bennie's guest appearances on the Brian Whatley show. Normally Brian talks about "Paranormal Activity" and UFOS. I guess it was a slow day back in JAnuary 2012 and they needed some cheap entertainment. I hear Bennet goes for FREE so long as his face and voice are front and center.

Bennie with his Therapy Dog. My favorite photo of the Bitch and the Bastard. http://www.bryanleewhatley.com/theshow/ Hey Bryan, if you want me on the show, I can bring some very well known attorneys and celebrites. But unlike "Bennie" they charge for their interviews. Poor Bennie, he is so frustrated cannot get ahead in California. Or is that Head? Oh well, not one to pick on his sexual orientation as I don't care. It is his low moral character and self promotion at other's expense that is concerning. Alas, the truth is comming out. I can still practice my freedom of speech and Bennet will never stop or intimdate me or anyone else. Just as Bennet writes for his FREE rags and name calls so shall we practice this same right. Poor Poor Bennet Kelley, you gotta get in their with the big dogs instead of child traffickers if you want to hit the big time.

Vanessa Kachadurian, Supreme Court ruling on spam, bad news for spam marketers

Since you have written in the past on issues regarding spamming, I wanted to make you aware of some great news. The United States Supreme Court declined to hear a challenge to a California appellate court ruling in Balsam v. Trancos Inc., which ruled that email marketing company Trancos Inc. violated the state’s anti-spamming law. This ends the company’s attempt to argue the statute was preempted by federal law and further empowers people to protect their inboxes from those who deliberately falsify email headers with intent to mislead or hide from complaints against them. The Balsam v. Trancos case is the most recent of several published opinions I have achieved on behalf of email recipients seeking to have spammers comply with current law. *The United States Supreme Court designation for denial of the petition of certiorari is Trancos Inc. v. Daniel L. Balsam, case number 12-237 (October 29, 2012). The original appellate court decision is Balsam v. Trancos Inc. (2012) 203 Cal. App. 4th 1083. http://scholar.google.com/scholar_case?case=4942428848946702426&q=balsam+v.+trancos&hl=en&as_sdt=2,5 -- Timothy J. Waltonhttp://www.timothywalton.com From a friend that is the top Internet Attorney in the USA. A victory against the spam marketers and their shit head attorneys that feel they have the right to pollute our inboxes. You lose again!!!

Vanessa Kachadurian- Unique Law Organization

This is a Gay law organizaton: Founded in 1990, GAYLAW is an independent, non-partisan bar association serving gay, lesbian, bisexual, and transgender lawyers, law students, and legal professionals in the national capital area. GAYLAW works to advance the interests of the GLBT community, to be their voice within the legal community, and to improve their professional lives. An affiliate to the National Lesbian and Gay Law Association, GAYLAW acts in coalition with other local and national groups dedicated to GLBT concerns. GAYLAW's advocacy and activities on behalf of the GLBT community include: Raising issues of concern with officers and directors of the American Bar Association, the D.C. Bar and other state and voluntary bars. Sponsoring a Mentor-Mentee Program. Recruiting and training volunteers to provide pro bono legal services for people living with HIV/AIDS through Whitman-Walker Clinic. Responding to discrimination against GLBT attorneys and litigants in the legal system by authoring briefs, joining coalitions, lobbying legislators, etc. Sponsoring the D.C. Bar Candidates Forum and endorsing candidates for local bar offices and the judiciary. Operating an attorney referral service that annually matches hundreds of individuals with lawyers who are sensitive to and knowledgeable about the legal issues affecting GLBT people. Hosting continuing legal education programs, social activities and other membership networking events. Sponsoring public forums on legal issues of concern to the GLBT community. Drafting, analyzing, and advocating legislation to advance the legal rights of GLBT people. -------------------------------------------------------------------------------- Our Mission The mission of GAYLAW is to advance the rights of persons in the GLBT community, to be their voice within the legal community, and to improve their professional lives. http://www.gaylaw.org

Vanessa Kachadurian- Hollywood star George Clooney arrested and handcuffed in Washington Suda...

Without a doubt one of my biggest heros who stands up to bigots, human rights violations and is a friend to all who have suffered the atrocities of Genocide and other violations. Not only did George get arrested his father also was arrested. There was also many Armenians protesting against human rights violations. Getting arrested for protecting the rights of others is an honor that many of us have shared. None of it stays on record - especially the bullshit Citizen's Arrest. George Clooney is brave and has more respect from everyone because of this. More than I can say about a particular Internet Attorney with a gratis radio blog, writes free for rags he claims he get's awards at, then tries to pass himself off as some sort of celebrity with an agent that can't get him any bookings.




Keep up the good work all of you that fight for human rights, they cannot silence you and the truth always prevails.

Vanessa Kachadurian- Balsam vs. Trancos

Top Internet Attorneys win the first anti-spam case. Featured in San Francisco Trial Lawyers summer review publication

Los Angeles Internet Defamation Lawyer: What Are The Elements of A Claim...

Wow I think this computer generated cartoon is better at advice and representing a client than a particular "Internet Attorney" who writes for free on Huffington, has a stupid web based radio show that he also receives no fee for.  Not to mention his lackluster career chasing windmills and defaming others so he can appear as some sort of celebrity attorney.  I can tell you this will never happen.  He never turns away clients, likes money and will cheapen the law profession by stooping to low points just to appear he is not losing. 

Vanessa Kachadurian 25 Astoundingly Ridiculous Lawsuits

Vanessa Kachadurian Anahid Gharakhanian appointed Vice Dean for Southwestern Law School

LOS ANGELES—Professor Anahid Gharakhanian, a longtime member of the Armenian Bar Association, has been appointed as Vice Dean for Academic Affairs at Southwestern Law School on whose faculty she has served since 2002. In her new capacity, she will be in charge of the overall academic program, faculty appointments, faculty development, and Southwestern’s self-study process, and will continue to serve as Director of the Externship Program. Vanessa Kachadurian wishes Anahid Good luck. As a member of the faculty for more than a decade, Dean Gharakhanian has taught legal research and writing and a unique course on Correctional Education, was instrumental in the redevelopment of Southwestern’s unique Legal Analysis, Writing and Skills (LAWS) program, greatly expanded the Externship Program to be one of the largest in the country, and served as Faculty Advisor to the PLEAS part-time day program. She is also Faculty Advisor to the Armenian Law Students Association and recently spearheaded efforts to create the new Southwestern Armenia Fellowship with the Ministry of Justice in Armenia. Garo Ghazarian, Chairman of the Armenian Bar Association, remarked, “On behalf of the Armenian Bar Association, I congratulate Professor Anahid Gharakhanian on her appointment and I applaud Southwestern Law School for her selection. Professor Gharakhanian’s contributions to the legal community and to our Association are invaluable and wide-ranging. Her mentoring of so many of our new attorney members as well as our law student members is unparalleled and has been unheralded for too long.” Armen K. Hovannisian (A friend of Vanessa Kachadurian), Vice Chair of the Armenian Bar Association, a former colleague of Professor Gharakhanian’s at Chadbourne & Parke LLP, and the Armenian Bar’s representative to the Southwestern Armenia Fellowship with the Ministry of Justice in Armenia, added, “Anahid is so many good things all rolled into one, most certainly a wonderful model for not only the student body of Southwestern, but to all women and men who aspire to combine positive meaning and purpose with the legal profession.” Edvin Minassian, Chairman Ex-Officio of the Armenian Bar Association, credited Professor Gharakhanian with heeding the call to service and with playing a key role in bringing to life the vision of the Armenian Bar’s commitment to the rule of law in Armenia. “We look forward to many more collaborative efforts with Southwestern and, naturally, with Dean Gharakhanian, who we wish much success in her new and deserving position at the law school.” In announcing the appointment, Dean Austen Parrish said, “Dean Gharakhanian is a very talented and dedicated teacher and administrator, and I am delighted that she has agreed to expand her administrative role, as we have a very busy year ahead.” Dean Gharakhanian earned her B.A., magna cum laude and Phi Beta Kappa, in Philosophy at the University of California, Los Angeles. She completed her J.D., cum laude, at Harvard Law School and is a member of the California State Bar. Upon graduation from law school, she joined the firm of Chadbourne & Parke LLP in Los Angeles. During her six-year tenure there, she handled the pre-trial phases of a variety of civil litigation matters as well as arbitration proceedings. Subsequently, she was appointed Vice President of E-commerce Development for an online retailer. She has also served as a temporary judge in Los Angeles Superior Court’s Small Claims Court and has worked on a pro bono basis in the areas of domestic violence and other family law matters. Vanessa Kachadurian reports http://asbarez.com/104553/anahid-gharakhanian-appointed-vice-dean-for-academic-affairs-at-southwestern-law-school/

Vanessa Kachadurian, There he goes again another frivilous lawsuit

http://ilccloud.files.wordpress.com/2012/04/scan0002.pdf Global Wide Media, Inc. plaintiff (represented by Bennet "Bennie" Kelley) vs. Richard Braud, Uopen, Inc. Et al Another failed attempt at default judgment and more harassment of Defendant and others: Farshad Fardad Akop Mavyan Vanessa Kachadurian Contact this blog if you are being harassed by this attorney. Vanessa Kachadurian reporting.

Vanessa Kachadurian Armenian Art and Artists: Vanessa Kachadurian Congratulations Peter Musurlia...

Vanessa Kachadurian Armenian Art and Artists: Vanessa Kachadurian Congratulations Peter Musurlia...: Congratulations Peter Jan!!! Peter Musurlian Nominated for Two Los Angeles-Area News Emmys Awards Ceremony Scheduled for August 11,... From friend Vanessa Kachadurian

When an Attorney is caught with no friends referred to as (lib weasel)

Skype away Big Boy http://vanessakachadurian.blogspot.com/2012/03/bennet-kelley-where-does-he-find-these.html Vanessa Kachadurian Reporting Recently this blog received many comments, but never so great as the comments to the above posting. It seems poor BK has more enemies than friends and in Los Angeles where he is desperately trying to promote himself as some sort of “Internet Attorney” is hysterically funny. BK, knows that I am connected to a ton of attorneys, that could mop the floor with him. BK knock yourself out with your freebie radio shows, and huffington posts (btw- I have Greek friends that are related to Ariana, that are telling her about a particular self-serving lawyer who is writing on her blog) Noticed that you are now following me on slideshare. Keep stalking ME and see how far that gets you with the LA DA’s office and police department. They already think you are a nutcase, especially after I showed them how you are listed with an “Agent” good luck you will need it. How come Bennet Kelley didn’t attack the numerous media that wrote articles on his client? Answer- because he cannot attack media only private citizens. Keep it up BK, Los Angeles is a large town but very small. Especially with those powerful Armenians that you have insulted. Here is the comment as sent to Vanessa Kachadurian I used to have dealings with Bennie when we both worked over at the Santa Monica Daily press as op-ed writers. He was the bloviate stentorian uber-douchey lib weasel and I was his frequent conservative scourge. I once wrote an article of the early birther claptrap [I'm not a birther btw] surrounding Obama and backtracked the source of the birther story to his fellow Clintonite Phil Berg. Needless to say, poor Bennie had to write a rather claustrophobic rebuttal that engaged in the typical Democrat use of distraction, anemic metaphors and the race card to avoid discussing those inconvenient truths that I cited. Here's my original piece...page 5 http://www.smdp.com/pdf/111208.pdf Here's Bennie's rebuttal...page 4 http://www.smdp.com/pdf/112008.pdf Here's my Thanksgiving Day rebuttal...page 4 http://www.smdp.com/pdf/112608.pdf If Bennie's legal "expertise" is as sloppy as his op-ed, maybe it's a good thing he wasn't retained for counsel. And the dog in his photo is cute. I on Bennet Kelley, Where does he find these looney clients? Remove content | Delete | Spam DrDulcamara on 5/31/12 DO NOT PATRONIZE THIS LAWYER, Armenians in Southern California and those involved with businesses and law. Also get his landlord on the Wilshire Blvd building to increase his rent. Shut him out, he is an enemy of the Armenian people. Contact Vanessa Kachadurian if you notice BK cajoling with members of our community.

Vanessa Kachadurian, How much are you willing to spend on your Freedom of Speech?

First Amendment to the United States Constitution From Wikipedia, the free encyclopediaJump to: navigation, search "First Amendment" redirects here. For other uses, see First Amendment (disambiguation). United States of America This article is part of the series: United States Constitution The Bill of Rights in the National Archives.The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. Originally, the First Amendment applied only to laws enacted by the Congress. However, starting with Gitlow v. New York, the Supreme Court has applied the First Amendment to each state. This was done through the Due Process Clause of the Fourteenth Amendment. The Court has also recognized a series of exceptions to provisions protecting the freedom of speech. I propose a question to all of my readers on this blog. Would you be willing to spend chump change say $500.00 or maybe just $1,000.00 to insure your freedom of speech and the truth be spoken? When someone or some entity is trying to squash the truth and violates the First Amendment - Freedom of Speech and the Truth;is is our duty to oppose this nonsense censorship or should we just allow one opinion without fair balance? My answer has and always will be, Let Freedom of Truth ring on even if it costs $1.00 or $1,000.00 there is no price to be put on your rights to exercise your civil liberties. Sometimes Freedom isn't "Free" when there are people with deep pockets who wish to silence you. Stand tall and stand firm. Individuals get threatened all the time. Curious why the dozen of MSM that print articles never get a Complaint filed? Thank goodness that most judges in Federal Court protect our rights to the first amendment. This sounds like what the Ottoman Empire tried to do to their minority subjects, the would try and stop Armenians from printing the truth. Then tried to destroy us, in the end it made us stronger. Because we are now writers, lawyers and in the position of power to ensure the wheels of justice move for everyone not just those who have money, power or write with a poison pen. The Truth prevails now and will always!!! Reported by Vanessa Kachadurian

This isn't Turkey folks!!!

Vanessa Kachadurian and the Congressional recognition of Peter Balakian

Vanessa Kachadurian giving Congressman Jeff Denham's Congressional Recognition to author Peter Balakian. Author, Humanitarian, and Historian Peter Balakian was honored at UC Merced and at CSUF Fresno. What do a Turk, a Kurd, a Polish War hero and some Assyrians have in common? They all showed up at the event in Merced and Fresno to honor Peter Balakian and his quest for the world to understand the Armenian Genocide. There were several honors beside the Spendlove Prize, my friends at Congressman Sal Cannella's office, Dennis Cardoza, several state honors and local government. My buddies at Hye Riders, an international Armenian motorcycle club sent me a Hye Rider motorcylce shirt for Peter, and he was more jazzed about being an honorary Hye Rider. The Hye Riders have expanded to Armenia and Lebanon, they have gathered over 1,000 toys for children in orphanages in Armenia and over 1 ton of blankets for seniors. http://hyeriders.com/ Dr. Balakian was also given a bottle of Ararat Brandy in a sabre shaped bottle. He had a great time and met some outstanding people from very diverse backgrounds.

Peter Balakian with Dr. Bryzla a Polish resistance fighter, who reminded Peter about Hitler's infamous speech before he marched into Poland "Who after all today remembers the Armenians?"

Turkish professor who is seeking more dialogue with Armenians and other indigenous groups of the Republic of Turkey. She is a classy and delightful woman with a handsome husband who talked about his Greek lineage. We discussed the Turkish education on the Armenian Genocide as justified homocide against a nation as the Turkish government portrays the Armenians as "traitors" so apparently women, children, elderly, and our intellectuals had to be punished as well. Today, the Republic of Turkey still bares the darkness of their many Ottoman era genocides throughout the Ottoman Empire.

This is a group of Assyrian men who came to the UC Merced talk, Larry Piro's son George is a high level FBI agent who was in charge of Saddam Hussein. George was also on "60 Minutes" talking about his assignment with the late Saddam Hussein. Assyrians were the indigenous people of Iraq (formerly called Assyria) and are now being forced to close their churches and organizations. Saddam Hussein had no issues with his Christian population and in fact, his right hand man Tariq Aziz is a Christian Chaldean Assyrian. After the Turkish Ottoman cleansing of the Assyrian populations there was barely 1 million left in the world.

Peter Balakian on 60 Minutes the Armenian Genocide

Will have more photos from tonight's reception later enjoy!!

Vanessa Kachadurian- Peter Balakian to receive Spendlove Prize at UC Merced

Dr. Balakian fights for writing the truth and will not be censored by politics, Turkey, media or anyone else. Truth and history always prevails. My client and friend in Merced, Dr. "O" is on the board of regents at UC Merced, he asked me back in January to help facilitate this honor for Dr. Balakian. Today we leave Fresno (with a truck and carload of hummous, yalanchi (stuffed grape leaves) Armenian Wine and other goodies to honor Balakian at a private reception at Dr. "O"'s home. This is an honor for Merced and Fresno but more particularly to the ARmenians, Assryians and Greeks in the Central valley. As Dr. Balakian is the voice of Genocide and telling our story and the story of our ancestors. I have a special gift for Dr. Balakian from my friends in the Armenian motorcyle group "Hye Riders" which I will present to him. We will have more pictures later. http://www.ucmerced.edu/news/leading-voice-armenian-genocide-receive-spendlove-prize Peter Balakian, who brought renewed attention to the Armenian Genocide, will be the 2012 recipient of the Alice and Clifford Spendlove Prize in Social Justice, Diplomacy and Peter Balakian, an author who has become a leading voice of Armenian Genocide recognition, will be the 2012 Spendlove Prize recipient. The Spendlove Prize each year honors an individual who exemplifies the delivery of social justice, diplomacy and tolerance. Balakian has received several awards, including a Guggenheim Fellowship and a National Endowment for the Arts Fellowship. Peter Balakian, an award-winning author and a leading voice of Armenian Genocide recognition, has been named the 2012 recipient of the Alice and Clifford Spendlove Prize in Social Justice, Diplomacy and Tolerance. The University of California, Merced, will award the prize to Balakian during an evening ceremony April 12. The following day at 10 a.m. in the Classroom and Office Building, Room 105, Balakian will give a talk that's open to the public. No RSVP is required. The Spendlove Prize was established through a generous gift to the university from Sherrie Spendlove in honor of her parents, lifelong Merced residents Alice and Clifford Spendlove. The prize every year honors an individual who exemplifies the delivery of social justice, diplomacy and tolerance in his or her work. "Peter Balakian has been called 'the American conscience of the Armenian Genocide,'" Sherrie Spendlove said. "Our world history is incomplete without the full story of the Armenian Genocide being inscribed therein for all to see. Genocide in any part of the world in any epoch is an affront to humanity everywhere, in every time." Balakian is the author of the memoir "Black Dog of Fate," winner of the PEN/Albrand Prize for memoir and a New York Times Notable Book. In the book, Balakian writes about learning what his family and ancestors experienced with the Turkish government's extermination of more than a million Armenians in 1915, including many of his relatives. The massacre led to the creation of the word "genocide" and served as a template for Nazi Germany's Holocaust. In "The Burning Tigris: The Armenian Genocide and America’s Response," Balakian chronicles the massacres of the Armenians in the 1890s and genocide in 1915 at the hands of the Ottoman Turks. Balakian used rarely seen archival documents and remarkable first-person accounts to present the chilling history of how the Young Turk government implemented the first modern genocide behind the cover of World War I. He also resurrects an extraordinary lost chapter of world history. The book won the 2005 Raphael Lemkin Prize and was a New York Times Notable Book and New York Times best seller. Balakian, the Donald M. and Constance H. Rebar Professor of the Humanities in the department of English at Colgate University, is the recipient of many awards and prizes and civic citations, including a Guggenheim Fellowship, a National Endowment for the Arts Fellowship, the Emily Clark Balch Prize for poetry from the "Virginia Quarterly Review." He has appeared widely on national television and radio including "60 Minutes," "ABC World News Tonight," "Charlie Rose" and "Fresh Air." Foreign editions of his work have appeared in a dozen languages including Arabic, French, Dutch, Hebrew, Greek and Turkish. "For decades, Peter Balakian has spoken with personal knowledge and great courage about the Armenian genocide," said Mark Aldenderfer, dean of the UC Merced School of Social Sciences, Humanities and Arts. "Through the award of the Spendlove Prize, we are honored to help him in his efforts to bring to light the horrors experienced by the Armenian people in the 20th century so that they may never be forgotten or repeated by others." The Spendlove Prize Selection Committee is chaired by Aldenderfer and includes a representative from the Spendlove family or a designee; an undergraduate student; a graduate student; a faculty member; and representatives from the UC Merced community. The Spendlove Prize includes an $8,000 award. Previous recipients of the award are:  2006 - Charles J. Ogletree Jr., a Merced native, professor of law and founding executive director of the Charles Hamilton Houston Institute for Race and Justice at Harvard University.  2007 - John Y. Tateishi, a civil rights activist who led the successful redress campaign for Japanese-Americans in the aftermath of World War II internment.  2008 - Sara O'Meara and Yvonne Fedderson, founders of Childhelp, a nationwide organization devoted to the prevention and treatment of child abuse. O'Meara and Fedderson have been nominated for the Nobel Peace Prize for their work with abused children.  2009 - Faye J. Crosby, a professor of psychology at UC Santa Cruz and expert on affirmative action and inclusiveness.  2010 - Jimmy Carter, a former United States president who made the global quest for basic human rights a central platform in his administration.  2011 - Cruz Reynoso, a former California Supreme Court Justice and civil rights lawyer who has spent his life fighting for immigrants' rights.

Vanessa Kachadurian and Vexatious Litigation

Vexatious litigation From Wikipedia,

Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

A single action, even a frivolous one, is not enough to raise a litigant to the level of being declared vexatious, though repeated and severe instances by a single lawyer or firm can result in eventual disbarment.

Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in the abuse, vexatious litigants are often unable to retain legal counsel, and therefore represent themselves in court. Those on the list are usually either forbidden from any further legal action or required to obtain prior permission from a senior judge before taking any legal action. The process by which a person is added to the list varies among jurisdictions

Bennet Kelley's Penis is in the FIle

Looks like Bennet Kelley has a fan club. 

Vanessa Kachadurian, Hopscotch Adoptions legal bill for 2010 $99,087.00

Hopscotch Adoptions Legal Fees

View more documents from VanessaKachadurian

This is Hopscotch Adoptions 2010, 990 IRS Tax Returns. Please note this is page 10, and line 11b states "legal fees" which are listed at $99,087.00 for 2010. Let us remind you that Ms. Sizemore filed her Complaint in December 2009, and it ended in October 2011. So the estimation from a legal expert analyst friend is that Robin Sizemore paid over $150K in legal fees.
This is very suspect that an Adoption Agency who claims in court documents to have had a loss could afford over $100K for the fees of the bogus "Internet Attorney" who is nothing more than a fantasy writer and would be a.m. radio show jock (all services he provides for free just to keep his face front and center)

The other odd thing is the "fraud upon the court" - Hopscotch Adoption’s accountant Rhonda Russell signed documents and pie charts created by Low Life Lying Liberal Lawyer Bennet Kelley attesting to the shrinkage in Hopscotch Adoptions Revenue. When in fact the tax returns for 2007-2010 show a total of $1.3+ million in revenue and that Ms. Sizemore not only grew her business year after year, but blew the doors off of her competition.

This can be verified for free at http://www.guidestar.com and only requires a short registration. Conversely, Mr. Kelley withheld the names of the "so-called" Hopscotch Clients that aborted their contract because of information that Vanessa Kachadurian was to have misrepresented about Hopscotch Adoptions and Armenian Adoptions in particular.
When the names were revealed, a third party interviewed the families to only find this was untrue and the "would-be" clients ceased their contracts because of:
a. Communication business practices from Hopscotch Adoptions
b. Lack of personal or emotional committment to Armenia and waiting the long and uncertain timeframes which seemed to change.
c. 1 party didn’t even have a contract signed with Hopscotch Adoptions and therefore was not 100% committed to Hopscotch or Adoption
d. All the parties stated they never heard of Vanessa Kachadurian nor had they read anything slanderous, negative etc., about Hopscotch Adoptions

Mr. Bennet Kelley should have fact checked his client’s assertations better. Instead of counting all of that money he made in legal fees/ billable hours for over 20 months.
Mr. Kelley was more interested in fantasy writing and trying to be a "celebrity" at the expense of his Client and the Defendant. In the end, Robin and Her Attorney cut and run after getting a mere $85K from Vanessa Kachadurian’s insurance company. No liability implied to Ms. Kachadurian, no judgment, no gag order, no apology and nothing removed from the Internet. Freedom of Speech and Truth remains.
Vanessa Kachadurian legal fees $00.00
Hopscotch Adoptions legal fees $99,087 for 2010
estimated total tab $150,000

The fact is Bennet Kelley couldn’t win this case so he has resorted to character attacks on Vanessa Kachadurian to learn more go to American Cyber Report.

http://www.AmericanCyberReport.wordpress.com

Bennet Kelley, Where does he find these looney clients?

Seems Bennet Kelley’s clients border on personality disorder, psychotic behavior and multiple personalities. This one had more money than sense too!

Michelle Walsh and her attorney Bennet G. Kelley (who was specifically hired to address cyber-harassments against her) never tried to contact Moreno either. If Moreno was truly “cyberstalking”, “harassing” and “threatening” Michelle Walsh, why didn’t she get her lawyer involved and why didn’t she specifically name Moreno in her cyber-stalking complaints with the police?

For more about this bizarre case please read here (if you can figure it out)

http://www.saisathyasai.com/michelle-walsh-meena-svara-magickals-exposed/mandrakeghost-exposed.html

Vanessa Kachadurian Bennet Kelley attacks using a controversial Turkish Cult

Bennet Kelley attacks Vanessa via Goosenetwork

View more documents from VanessaKachadurian

Here is a screen shot of Bennet Kelley's twit to the Goosenetwork aka the Gulen Movement Cult that has been exposed by many Americans. This group is gladly helping Bennet to harm Armenians, concerned Americans, Teachers, etc., Basically they attack anyone who exposes their cult activities in the USA and abroad/Turkey. Bennet Kelley is sadly mistaken if he thinks he can harm private citizens by using a cult terrorist organization that is currently under investigation by the FBI with 5 Federal Investigations.

Keep up the good work Bennet, trying to get others to fight your battles. I am sure Armenians will love you and Robin more with the way you cajole and manipulate a Turkish Group to perform your dirty tricks. Maybe Bennet is part of the Gulen Movement’s tools of the trade? Hopscotch Adoptions is Turkish friendly and supports the Gulen Movement Cult.

http://www.turkishinvitations.weebly.com

http://www.gulenpoliticians.blogspot.com

Vanessa Kachadurian on setting the Record Straight

Vanessa Kachadurian setting the case straight

View more documents from VanessaKachadurian.

Bennet is such a sore loser now he is trying to set the "record straight" on Vanessa Kachadurian after his blunder of lies and misleading people.
First of all I was not upset by the insurance company deciding to pay back a portion of Robin Sizemore's excessive legal fees. Although I don't believe Ms. Sizemore should have been partially reimbursed for her bad behavior and lying. It was the insurance company's way of saying screw off.

I wanted to go to court, but Robin and her Attorneys chickened out and took a small portion that barely paid their legal fees.
I told Robin on the way out of the mediation she fools no one, she didn't move on because she would lose and that she was done in Armenia with taking someone's children and trying to adopt them out. Like the Armenian girl that she tried to adopt to the Shepherds in Washington State. This little girl has a father. Robin would have sold that little girl out, away from her family, her country, her culture if the investigators in Armenia had not found her father.
This mediation didn't make it to summary judgment, only a "bail-out" for Bennet Kelley before he made a fool of himself in court.

Secondly, I did not "spend" the night in jail, I was there about 5 hours. posted bail which was refunded (after I played cards with the guards)
There is no police record, only an "Event" there is also an police event on Bennet Kelley for harassing me and my family - to the point he stole the Federal Court Seal and made an arse out of himself.

Lastly, there is NO JUDGMENT, no apology, or removal of anything on the Internet regarding his lunatic client. Because most of it is truthful and there was so many journalists that had written about corruption in Armenian Adoptions.
His client Robin Sizemore continues to hide from the truth with her little hired gun Bennet "Penis Talk" Kelly, he invents his own stories out of the truth.
Lastly, Bennet if you think I am "mentally disturbed" you should look in the mirror once. There are more than one attorney around that has seen the wrath of your poison pen. Like handsome Dan Balsam that you immaturely cyber squatted on his site by adding an "s".
Kelley also fails to mention that for over 15 months I represented myself as a Pro Se Defendant, then my insurance company stepped in.
I managed;
To get the Notice of Default set aside and
presented over 5 motions, including the faulty service that
was served on my parent's home instead of my home.
Kelly lets be honest here, you are pissed because your credibility is shot down.
I put up with you lying for over 4 months, slapping me in the face and kicking me in the stomach with your fake victory.
Until I decided to "set the record straight" because you see...I CAN there is no judgment or gag order on me. In fact, you had to sign a paper that stated "no guilt was placed upon Vanessa Kachadurian, now or ever"


You have no ethics, you had no case (except the poorly written complaint) with bad information about me and my background.

Hell Bennet, you couldn't even prounounce my name correctly in that pitiful deposition. Once again, you tried to get away with taping me, but we caught you on that one didn't we? Oh yes, Bennet I knew everything you would try to do, like thread the deposition on Utube, etc., But the truth is, you got nothing from that stupid deposition, except you shaking hands like some drug addict on crack.

Besides what do I care about the opinion of a less than successful Attorney that has to invent success stories about himself while continuing to straddle the ethical boundaries of law?
You are just pissed because you got your ass kicked by a pro se client and in the end could not do a dam thing for your client except write your stupid lying posts slanting on you and your baby selling client.

Go ahead and continue to threaten me with sanctions and other harassments online.
You are the "Serial Cyber Harrassing Lawyer". Not even a poster child because you are too dam ugly to make it as a celebrity.
Quit trying to perform for your client Robin Sizemore like you are really doing any good for her.
All those fake stories you are writing about Robin being selected as "most powerful woman in NC" are a joke. Or that Robin has some kind of medical tour with Kbyele?
Oh Please did you ask her how that one failed in the Republic of Georgia?

You can make up stories all you want for your Robin Sizemore, she is no innocent victim. She has victimized many families in Armenia- especially single parent families.

Too bad you cannot fight like a man, you always have to duck and hide behind your keyboard. You are not the King of the Internet and hardly anything except a fantasy wanna be writer for free rags like Huffington, and your own Internet Radio blog show that is hardly MSM.

Keep trying to invent a career for yourself while harming others, label them as you must but clearly you are no physician and should't claim to be able to diagnois people. You are always pretending to be something you aren't St. Izzy one day, and a physician the next. What about all your alias online? Your multitude of Facebook accounts (we lost count after 5)

You are so sick I believe you like all that attention that you thrust upon yourself.

Think about it asshole, you disparage me all over the place and put a protective order in place trying to provoke me. How well do you think that is going over?

Not well, you look even more like a horses ass. How many speaking engagements do you think you will get after you have attacked me, my family and my 81 year old parents?


READ MORE ABOUT BENNET KELLEY ATTEMPTING TO SET THE RECORD STRAIGHT
or is that TRYING TO GO STRAIGHT?

http://open.salon.com/blog/vanessakachadurian/2012/03/24/bennet_kelley_attempts_to_set_the_record_straight

Vanessa Kachadurian- Bennet Kelley hired by another lunatic?

Michelle Walsh and her attorney Bennet G. Kelley (who was specifically hired to address cyber-harassments against her) never tried to contact Moreno either. If Moreno was truly “cyberstalking”, “harassing” and “threatening” Michelle Walsh, why didn’t she get her lawyer involved and why didn’t she specifically name Moreno in her cyber-stalking complaints with the police?

For more about this bizarre case please read here (if you can figure it out)

http://www.saisathyasai.com/michelle-walsh-meena-svara-magickals-exposed/mandrakeghost-exposed.html

Vanessa Kachadurian and Bennet Kelley's Police Report

Bennet Kelley Police Report

View more documents from VanessaKachadurian

Here is the truth folks!!!!
We had to file a police report 1 year before Bennet Kelley created a drama about me to the police because he was losing his pitiful case. Bennet Kelley is posting an "event" on me. Please note that this was all dropped and the San Francisco Police apologized and congratulated me for defending myself against a slimey Attorney.

Secondly, Mr. Kelley is also posting what he is calling a "restraining order" but this is actually a "protective order" which protects me as much as it does any opportunity for Kelley to file more false claims.

Mr. Kelley your case was lost (once again) the DA filed a volunteer dismissal because of my great reputation and friendships I have. Incidently, part of your file was missing (I wonder how that happened?)

You still lose no matter what, you can post all of the fake drama you create but it's all over. The truth about you and your sleeze client is even more apparent, hiring a 2 bit lawyer that will lie, cheat and steal to try and make a case where there isn't one has backfired.

Abuse of power and your law degree is a serious serious issue. The truth will be known by everyone. So you better siphone more money from your baby selling client, poor guy just cannot get a judgment so you have to creat drama to try and hurt me, defame me and humiliate me. Too bad it doesn't work.

No judgment, no apology, and above all none of these things that were apparently written about your dellusional client were removed. Could it be because they were truthful. You will never be forgiven for harassing my family and having the process server make an improper service on my 81 year old parents. You had the process server go to their home on January 6, 2010 on Armenian Christmas and put the summons into the hands of a woman with dementia.

Nice going! You are not winning any cases or popularity contests. Mr. Kelley is misleading about his case against me, ask where the judgment is. Ask why he abandoned and withdrew the case BEFORE the scheduled trial, BEFORE a summary judgment was even issued. WHY? because Bennet knows he is a lousy attorney and would have lost in Fresno, California where we would have embarassed him further.

To read more go to American Cyber Report

http://www.AmericanCyberReport.wordpress.com

Vanessa Kachadurian on Bennet Kelley's rise to stardom

Vanessa Kachadurian and Bennet Kelley

View more documents from VanessaKachadurian

Well, well it seems I was right all along. Bennet Kelley is all about Bennet Kelley and doesn't care two shakes about his client. Bennet Kelley has hired an Agent and is self promoting himself based on a "significant victory" against a "serial cyber defamer" (ouch would that be moi?)
Here is the link to his agent's page on Bennet Kelley,
http://www.tvguestpert.com/guestpert_details.asp?guestpert=255

the Internet Attorney who doesn't have any significant judgments to speak of.
Bennet even claims he has introduced legislation on cyber harassment.
But the only problem with Bennet's lies is that he has no specifics to back his lackluster self promotion of himself.

1) There is no judgment, his flimsy Complaint didn't make it to summary judgment.
2) Where is this so-called piece of legislation that Bennet was to have introduced?
3) What about Bennet cyber squatting on Attorney Dan Balsam's website?
4) Why did Bennet label attorney Balsam a "spamulance chaser"
5) Will Bennet shoot to stardom and become a legend in his own mind?
6) When will Bennet every get a significant victory with a judgment?
7) Will Bennet survive the Armenian Boycott?
8) Will Bennet show up to speaking engagements in his Donkey suit?
9) At what point will Bennet stop his school boy crush on Vanessa Kachadurian?
10) Why was Bennet ordered to take down Http://www.bushlies.net?
AND LAST BUT NOT LEAST

11) Will Bennet get adopted by an Armenian family?

Bennet Kelley has punked the world with his Bennet Bull Shit lies!!!
http://www.free-press-release.com/pdf/download/201203/1330981723.pdf

2 CAN PLAY THIS GAME. FREEDOM OF SPEECH WILL NOT BE JEOPARDIZED BY SOME CELEBRITY
CRAZED LITTLE SCHOOL BOY LOOKING FOR APPROVAL.

UNETHICAL CLIENTS FIND UNETHICAL ATTORNEYS

Vanessa Kachadurian now on American Cyber Report

Vanessa Kachadurian:
Human rights crusader for children especially the vulnerable in Armenia.  Recently a winner of  a cyber smear attack by Bennet Kelley the self proclaimed "Internet Attorney" who cut and ran before the case even made it to summary judgment.  Stick to wearing Donkey Suits and leave the law to real attorneys.   Not those that abuse the court and try to intimidate with unethcial tactics.  Volunteer and board member of many Armenian groups.  
American Cyber Report
http://www.americancyberreport.wordpress.com/

Vanessa Kachadurian an Armenian victory -Who is trying to censor the truth?

Vanessa Kachadurian Armenian victory-Mediation Report

View more documents from VanessaKachadurian

Vanessa Kachadurian announces legal victory!!!

http://www.vanessakachadurianarmenianvictory.com

Vanessa Kachadurian- Hopscotch Adoption's Fake Press release claiming victory removed!!!

Hi Vanessa,

This is a serious issue, and I have reported your issue to our manager, actually our website doesn’t support for this kind of press release submission, and under our discussion we have agreed to remove the press release as your request, please refresh the page by using f5.

Thanks for your reminding which let us avoid a big problem.

If you still have problem or some other new problems you find, you can e-mail us at all times.

FPR is not affiliated with the said party.



Sincerely,

Ursula



On Tue, Mar 6, 2012 at 5:15 AM, Vanessa Kachadurian wrote:


------------------------------------------------------------------------
URL: http://www.free-press-release.com/news-hopscotch-adoptions-claims-victory-against-serial-cyber-defamer-1323391477.html

Title: Hopscotch Adoptions Claims Victory Against Serial Cyber Defamer

Complaint and Evidence: This Adoption agency is lying and never received a judgment but a partial reimbursement for their enormous legal fees. She is using this site to discredit me while trying to inflat her own image. Research online there are many articles about this adoption agency who has made over $1.3 million in fees in 4 years.

Username: Vanessa Kachadurian

Email: vkcentralCa@live.com

Kurds file lawsuit against Turkey and cult leader Fethullah Gulen for massacres

Kurds Sue Turkish Government over Massacre of Their Compatriots
http://www.kurdistan.org/kurds-sue-turkish-government-over-massacre-of-their-compatriots/#comments


Sait Pektaş, Edip Yüksel, Kani Xulam
Versus
The Turkish Government and the Top Commanders of its Military Forces
[The petition was originally written in Turkish; it follows the English version.]
1. To the Chief Public Prosecutor of the Turkish Supreme Court, Bakanliklar, Ankara
2. To the Chief Public Prosecutor of Ankara, Sihhiye, Ankara
3. To the Chief Public Prosecutor of Uludere District, Uludere, Sirnak
CRIMINAL COMPLAINT, INITIATED BY:
1. Av. Sait Pektaş
6756 Rix St. Se
Ada, Michigan, USA
2. Edip Yüksel, J.D.
Adjunct Philosophy Professor
Pima College, Downtown Campus
1245 N. Stone Dr.
Tucson, Arizona, USA
3. Kani Xulam
American Kurdish Information Network
2722 Connecticut Avenue NW # 42
Washington, DC 20008, USA
THE PERPETRATORS/DEFENDANTS AND THEIR CRIMES:
For the crimes of intentionallyand deliberately killing and injuring civilians in mass:
1. Nejdet Özel, Chief of Staff, Turkish Armed Forces, Ankara
2. Commander of Land Forces, Ankara
3. Commander of Naval Forces, Ankara
4. Commander of Air Force, Ankara
5. Commander of Jandarmarie, Ankara
6. Commander of the 7th Army Corps, Diyarbakır
7. Commander of Şırnak Regiment, Şırnak
8. Commander of Uludere military unit, Uludere
9. The Pilots of the four F-16 fighter jets, whose names and addresses are known at the Headquarter of the Turkish Air Force.
For the crimes of encouraging and instigating the mass murder:
1. Fethullah Gülen, Cult Leader, 1857 Mt. Eaton Road, Saylorsburg, PA 18353, USA
For the crimes of creating the conditions and environment for the crimes of mass murder and mass injury by abusing their power and recklessly ignoring their public responsibilities:
1. Recep Tayyip Erdoğan, Turkish Prime Minister, Ankara
2. Bülent Arınç, Deputy Prime Minister, Ankara
3. Ali Babacan, Deputy Prime Minister, Ankara
4. Beşir Atalay, Deputy Prime Minister, Ankara
5. Bekir Bozdag, Deputy Prime Minister, Ankara
6. Sadullah Ergin, Minister of Justice, Ankara
7. Fatma Şahin, Minister of Family and Social Policies, Ankara
8. Egemen Bağış, Minister of European Affairs, Ankara
9. Nihat Ergün, Minister of Science, Industry and Technology, Ankara
10. Faruk Çelik, Minister Labor and Social Security, Ankara
11. Erdoğan Bayraktar, Minister of Environment and Urbanization, Ankara
12. Ahmet Davutoğlu, Minister of Foreign Affairs, Ankara
13. Zafer Çağlayan, Minister of Economy, Ankara
14. Taner Yıldız, Minister of Energy and Natural Resources, Ankara
15. Suat Kılıç, Minister of Youth and Sports, Ankara
16. Mehmet Mehdi Eker, Minister of Food, Agriculture and Stock Raising, Ankara
17. Hayati Yazıcı, Minister of Customs and Trade, Ankara
18. İdris Naim, Minister of Interior, Ankara
19. Cevdet Yılmaz, Minister of Development, Ankara
20. Ertuğrul Günay, Minister of Culture, Ankara
21. Mehmet Şimşek, Minister of Finance, Ankara
22. Ömer Dinçer, Minister of Education, Ankara
23. İsmet Yılmaz, Minister of Defense, Ankara
24. Veysel Eroğlu, Minister of Forestry and Waterworks, Ankara
25. Recep Akdağ, Minister of Health, Ankara
26. Binali Yıldırım, Minister of Transportation, Ankara
LOCATION OF THE CRIME: The vicinity of Roboski village, Uludere.
TIME OF THE CRIME: The night of 28 December 2011
SUBJECT OF THE PETITION:
We demand that a criminal investigation be initiated against the defendant Fethullah Gülen for encouraging and instigating; against Recep Tayyip Erdoğan and his Cabinet for creating the conditions and condoning military operations and state terror; and against the Chief of Staff and his top commanders as well as those officers who were in the chain of command on the night of the incident. We demand that after an impartial and diligent investigation, upon finding probable cause, the prosecutors file criminal charges against the defendants in accordance with their constitutional responsibilities.
PROBABLE CAUSE:
1. Last October, Fethullah Gulen, one of the defendants, issued what amounted to a fatwa by calling on the Turkish government to pursue a draconian policy towards the Kurds; his statement can be found on his website, herkul.com or youtube.com. There he advised and urged the Turkish government to kill up to 50 000 (Fifty Thousand) Kurds. He invoked God’s name with an emotional appeal by praying “May he rain fire on their homes,” and “May He uproot them root and branch.” He is one of the most influential public figures in Turkey.
2. After this wicked sermon, on December 28, 2011, the villagers of Roboski, as was their custom, as they had done many times in full view of the Turkish security forces, crossed the border into Iraqi Kurdistan to purchase diesel fuel and cigarettes [for commercial purposes].
3. As they were returning home on the same day, the security forces blocked their entrance to the village; they were forced to take another path.
4. After they were deliberately misled by these security forces, subsequently, four F-16fighter jets of the Turkish Air Force bombed them killing 35 civilian Kurds many of whom were under 19 years old.
5. As the event unfolded, as survivors recounted their stories, as press aired their accounts, it became obvious that the vicinity of the massacre is under full control of the Turkish government; it also became clear that the Kurdish guerrillas do not use this part of the border region to cross into Turkey.
6. As is known, and as it has been admitted by the defendant prime minister Erdogan himself, from 1937 to 1938 Mustafa Kemal Ataturk and Ismet Inonu [at the time, the President and Prime Minister of Turkey, respectively] committed the massacre of Dersim; and in 1943, under the orders of Ismet Inonu, Mustafa Muglali, a Turkish commander, summarily executed 33 innocent civilian Kurds; and on March 16, 1988, Saddam Hussein, Barzan Al Tikriti and Chemical Ali bombarded the city of Halapja with chemical weapons; very few of these perpetrators have ever been indicted in a court of law. Therefore, instead of waiting for years to go by, when the evidentiary material is still on the ground, we urge you to undertake a timely inquiry for justice to have its due. If that is done, we believe, notwithstanding the outcome, the fraternal feelings that exist between the Turks and the Kurds will be strengthened.
7. If the necessary investigation is not conducted, we reserve the right to seek justice at international institutions, including United Nations, International Court of Justice, and European Court of Human Rights.
8. Based upon the evidence, we strongly believe that the above named individuals have committed the crime of Roboski massacre. When legal and constitutional investigation is completed, and if you have reached an identical conclusion, it will behoove you to file formal criminal charges at appropriate courts. It is that necessity that has forced us to seek your intervention with this petition.
EVIDENCES:
All legal evidences, including incident reports, autopsy reports, press accounts and witness testimonies will be used as evidence.
CONCLUSION AND DEMAND:
If the requested investigation is not undertaken, we reserve the right to seek justice at international institutions, including United Nations, International Court of Justice, and European Court of Human Rights.
The Kurdish people want to live in peace in Turkey with their dignity, language and cultural rights recognized as equals to those of the Turks. To establish peace in the region the principle of justice needs to be applied honestly. What the Kurds want for themselves they also want for the Turks and they expect the same humane treatment in turn from the Turks.
The Uludere massacre is a byproduct of the diabolically insidious and ecologically dangerous policy of suppressing Kurdish identity and aspirations through state violence and terror. We pray and demand that the necessary legal investigation and interrogation be initiated by the proper courts and public officers against those who encouraged, contributed to, perpetrated and participated in this atrocity. Those who are involved in this heinous crime against innocent civilians must be punished for promoting, facilitating, and committing mass murder.
Respectfully,
Av. Sait Pektaş Dr. Edip Yüksel Kani Xulam
APENDICES:
1. İnsan Haklari Ve Mazlumlar İçin Dayanişma Derneği (Mazlumder)
2. İnsan Haklari Derneği(İhd)
3. Kamu Emekçileri Sendikalari Konfederasyonu(Kesk)
4. Türk Tabipleri Birliği(Ttb)
5. Çağdaş Hukukçular Derneği(Çhd)
6. Türkiye İnsan Haklari Vakfi(Tihv)
7. Türkiye Bariş Meclisi(Tbm)
8. Disk Genel İş Sendikasi (Genel İş)’ In Hazırladıkları Türkçe Ve İngilizce Yazılmış Rapor Örnekleri
Report on the Massacre of Roboski – 03 January 2012 Report on the Massacre of the Villagers of Gülyazı (Bujeh) and Ortasu (Roboski) Villages of Uludere (Qileban) District of Şırnak Province
Incident: 35 people–all of the males, 17 of them juveniles- were killed and another one was wounded and two other survived without wounding in the air attack of the Turkish Air Force to the group that had trespassed the border between Turkey and Iraq and returning back to Turkey in the vicinity of Gülyazı (Bujeh) and Ortasu (Roboski) Villages of Uludere (Qileban) District of Şırnak Province on 28 December 2011 at 21:30-22:30.
Aim: The aims of the human rights commission are to interview with the survivors, relatives of the deceased, witnesses if any, and with the authorities on the massacre; to prepare a report in the light of the information gathered with the research and investigation; to contribute to reveal out the material reality by sending the report to the authorised institutions and offices; to enable the public opinion to access the real information; and to demand an effective investigation to ascertain the perpetrators.
The Constitution of the Commission: As soon as the news concerning the incident reached at 9 am on 29 December 2011, the General Centres of the Human Rights Association (IHD) and the Organisation of Human Rights and Solidarity for Oppressed People (MAZLUMDER) decided to constitute the first commission with consulting their local branches and the commission arrived the scene of the incident in the afternoon of the same day.
Consultations with NGOs and civil society organisations were made for the constitution of another commission and the commission organised by IHD, MAZLUMDER, Confederation of Public Employees Trade Unions (KESK), Turkish Medical Association (TTB), Human Rights Foundation of Turkey (HRFT), Contemporary Lawyers Association (ÇHD), Peace Assembly of Turkey and General Work Trade Union (DİSK Genel İş) arrived to Diyarbakır Province the same day in the afternoon.
The constitution of the first commission that made the preliminary research and investigation:
First Commission was composed of following persons, MAZLUMDER Vice General Chairperson Selahattin ÇOBAN; MAZLUMDER Diyarbakır Branch Chairperson Abdurrahim AY; MAZLUMDER Diyarbakır Branch Executive Deniz ÇAVUŞ; MAZLUMDER Diyarbakır Branch Executive Nurettin BOZKURT; MAZLUMDER Hakkari Branch Chairperson Cengiz ŞEN; MAZLUMDER Hakkari Branch Executive Nihat GÜR; MAZLUMDER Hakkari Branch Executive Çetin CAN; IHD’s Diyarbakır Branch Executive and IHD Executive Board Member Serdar ÇELEBİ; IHD Executive Board Member Haşim USLU; IHD Siirt Branch Chairperson Vetha AYDIN; IHD Mardin Branch Chairperson Erdal KUZU; IHD Mardin Branch Executive Hüseyin CANGİR; IHD Van Branch Secretary Sami GÖRENDAĞ; IHD Van Branch Member Arşad NARÇİN; IHD Hakkari Branch Secretary Sait ÇAĞLAYAN, IHD Hakkari Branch Accountant Ferzende TAŞ; IHD Hakkari Branch Executive Garip GAZİOĞLU; IHD Yüksekova Representative Bedirhan ALKAN.
Second Commission composed of NGOs and civil society organisations: IHD General Chairperson Öztürk Türkdoğan; MAZLUMDER General Chairperson A. Faruk Ünsal; MAZLUMDER Executive Board Member Nurcan Aktay; KESK General Chairperson Lami Özgen; TTB’s Central Council Members Osman Öztürk, Halis Yerlikaya and Zülfikar Cebe; ÇHD’s General Chairperson Selçuk Kozağaçlı, HRFT’s Executive Board Member Hürriyet Şener; Selma Güngör and İmam Canpolat from the Secretariat of the Peace Assembly of Turkey; DİSK Genel İş Executive Board Member Remzi Çalışkan and writer Temel Demirer.
Eğitim-Sen Diyarbakır Branch Chairperson Kasım Birtek, KESK Diyarbakır Branch Platformu Dönem Sözcüsü BTS Branch Secretary Veysel Özhekti, BES Diyarbakır Branch Chairperson Edip Binbir, SES Diyarbakır Branch Executive Ramazan Kaval, Diyarbakır Medical Chamber Chairperson Şemsettin Koç were accompanied to the Commission from Diyarbakır Province. Executives and members of the local branches of the organisations from Batman, Mardin, Siirt, Şırnak, Hakkari and Van Provinces were joined the commission.
Attempts of the Commission: The First Commission reached Uludere (Qileban) District of Şırnak Province on 29 December 2011 at 5.00 p.m. and examined the corpses one by one at the State Hospital and the place and conditions of the autopsies and took photographs. At 7 p.m. published the preliminary examination report. The First Commission waited for the completion of the autopsies in the morning of 30 December 2011 and following the postmortem procedures moved to Gülyazı (Bujeh) and Ortasu (Roboski) Villages. An investigation was conducted where the incident occurred and interviewed with many villagers and relatives of the deceased, and took their opinions and statements. A large part of the investigation and research by members of the commission was recorded with photographs and camera footages.
MAZLUMDER General Centre made written applications to facilitate the activities of the commission and requested an appointment Sirnak Governorate, Uludere District Governorate, Sirnak Chief Public Prosecution Office and Uludere District Gendarmerie Command Office on 30 December 2011.
The Central Commission (the Second Commission) 04.30 a.m. on 30 December 2011 started out with a bus from Diyarbakir, and reached Uludere around 11.00 a.m. where set off with the funeral convoy and continued until Ortasu and Gülyazı Villages. The commission attended the beginning of the funeral in Gülyazı Village and then went to the scene without delay. The army unit hindered the commission to reach the scene of incident just 200 metres away and forced the commission return back by deploying troops to the scene with helicopters as soon as the commission moved to the scene. The commission interviewed with the witnesses of the incident and performed condolence visits to three families in their houses and applied to their information about the incident.
The delegation went to the scene to the scene saw a military union (border line) by making shipments of military helicopters to turn back 200 meters to the scene, forced the delegation had left, returned to the scene, event and met with the delegation, visited the three-family homes condolence to found incident with the right-dried headman and other villagers After interviewing with the head of Ortasu Village, the two survivors and the villager the commission left the village at 08.00 p.m.
Arrival and the Interviews of the Commission:
The First Commission reached Uludere (Qileban) District of Şırnak Province on 29 December 2011 at around 05.00 p.m. The presence of the several foreign-plated vehicles and foreigners were observed from the entrance of Uludere (Qileban) District of Şırnak Province. The commission learned that the corpses of the 35 people were in Uludere (Qileban) State Hospital, and one of the wounded person was taken to Şırnak State Hospital and another survivors is in shock and unable to speak and the last survivor Hacı ENCÜ could speak. Commission then stated the aims of their visit to the ones at the entrance of the hospital and as human rights defenders conveyed condolences. The commission observed that there wasn’t any preparation to meet the needs of the crowd outside the hospital and some people were eating their own food and people outside the hospital were standing or sitting on the ground. The Commission was unable to find an officer or correspondent in the hospital and informed by the relatives of the deceased that the majority of corpses were in the above floors and autopsy procedures were done in the basement floor. Thereupon the commission went to the place of autopsy. The hall in the basement was divided with a screen and several bed covers were thrown on the screen.
Down the stairs on the right side was central heating system and the place in which the autopsy procedures were conducted was on the left. The smell of diesel fuel inside the hall was very dense. The number of the officers was few and there were only the forensic medicine experts. It is determined that only one lawyer from the Şırnak Bar association was allowed to be present in the autopsy procedure on behalf of the families and two prosecutors have been conducting the procedures and six autopsies were finalised until 6.30 p.m.
Later the commission noted that the women have been mourning in the entrance so that their voices could be heard all over the hospital and later photographed the corpses one by one.
The Commission tried to gather information from the waiting families during the autopsies. Interviews with Hacı Encü (one of the survivors) and relatives of the victims were conducted in the hospital. In the beginning there were not any security officers but later during the pencilling of the preliminary report two minibuses full of riot police officers and an armour police vehicle came to the hospital, police officers left their vehicles and formed a single file and crossed the dooryard of the hospital with their vehicles escorting them.
On 30 December 2011 the commission left the hospital in the morning and went to the village of the deceased and investigated the scene of the incident. The “smugglers’ road” which was used to go to the scene that was approximately 4-5 kilometres away from the village has been covered with ice and although it was recently cleaned by the bulldozers – their marks could be seen- it was still muddy. The mountainous scene of incident was under snow and blood, dead mules and things that were blown were scattered around in the scene of bombing.
First Commission made investigations for approximately one hour in the scene of incident and two hours in the village.
The interviews were kept comprehensive and everything that could be evidence were photographed and taken under record.
The members of the Commission did not see any soldier or a member of the security forces. No public officer including the gendarmerie was seen in the mourning place of the villagers, inside and around the village.
The observations of the second commission are as follows: Neither public officer nor the member of the security forces was seen in mass burial place and inside Gülyazı Village. A very large crowd was gathered in the burial place from the villagers of Ortasu and Gülyazı Villages and from the people living in the vicinity. Diyarbakır Metropolitan Mayor Chairperson Osman Baydemir and other province and district mayors, BDP Group Chairperson Selahattin Demirtaş, BDP Group Deputy Chairperson Şırnak Deputy Hasip Kaplan and other deputies of the BDP, independent deputy Ahmet Türk and CHP İstanbul Deputy Sezgin Tanrıkulu were seen and were condoled.
The army unit and the army helicopters in the unit were seen on the slope of the hill in vicinity of Gülyazı Village.
Although Gülyazı Village has a dense population was kept under the village status. The distance between the scene of the incident and the nearest army unit (border brigate) was 6,7 kilometres on the map.
The Second Commission was harassed by deploying a fully-equipped army unit on the borderline and on the road to Ortasu Village by helicopters and by circling helicopters on the commission. The commission forced to stop by soldiers 200 metres before the scene of incident and told that they could not go to the scene on the grounds that it was banned. The Commission insisted to go to the place of the incident and had to return back after the army officer told them that they would be force to return back with the order from the army radio. But the commission could observe the borderline and the bombing area with bare eyes.
Interviews with the above mentioned persons by our Commissions are as follows: 1- Haci Encü (19) who had survived from the incident and whom we interviewed with in the hospital on 29 December 2011 (abridged):
On 28 December 2011 at 4.00 p.m. we crossed the border to Iraq with a group of 40-50 people and with same number of mules to bring diesel oil and food to bring together. We intentionally did not inform the gendarmerie headquarters but they already knew that we come and go. Our goal was to bring sugar and diesel. In fact, even on the way we heard the sound of unmanned aerial vehicle, but we continued our way because we always come and go. At night at 7.00 p.m. we started to return back after loading the mules. At 9.00 p.m. we approached the border. We reached the plateau of our village; our plateau is just on the border. First there was lighting flares and subsequently salvos of artillery-howitzer. We left the load on the other side of the border. Immediately after the salvos aircrafts came and started bombing. We were two groups; there was a distance of 300-400 meters between the front of group and the one behind it. Immediately after the artillery salvos the aircrafts came. There is not any other way to pass to the other side of the border because the soldiers held our plateau. So the groups are squeezed and had to come together, at the end we became two large groups. With the first air bombardment the group of about 20 people which was on the zero-point of the border was destroyed.
Immediately we started to flee back; bombs began to rain on ones between the rocks. The group that I have been part of was consisting of 6 persons and 3 from the group survived. We have plain clothes on us, no one had guns. The event lasted for approximately 1 hour or something. We two people with 3 mules entered the water in the creek. After waiting an hour we took refuge under a rock and we could not hear anything from our friends. Between 11.00 and 11.30 p.m. we understood that villagers were coming from the lights and sounds. The soldiers began to leave the plateau that they held as the peasants began to wail. We have been doing this business for a very long time. Two of us were married; others were high-school or primary school students. No one has yet called me to give testimony. After the event, I did not see any soldier. The other survivors are Davut Encü (22 year-old) and Servet Encü (wounded, Şırnak State Hospital).”
2- Servet ENCÜ who had survived from the incident and whom we interviewed with after the funeral on 30 December 2011 (abridged):
“Our fathers, grandfathers also did this job (cross-border trade). We also did. There is no factory here. We are earning our lives with this business. Everyone in this village, in this border, is doing the job.
On the night of the incident 7- 8 people from each of the 2 or 3 villages, up to a total of nearly 40 people with our mules and crossed the border approximately two kilometres. There we bought diesel oil, sugar and food from Iraqis. We did not go to Haftanin and Sinat. The way back, the soldiers stopped us. Every time they did. However they gave permission to pass. This time did not allow. They made us to wait at the border. At last they poured bombs on us. 37 people, including students whose ages ranging between 10 and 20, were shot for doing this job for 50, 60 or 100-TL.
Selam ENCÜ, one of the dead, was a student of engineering. Şivan was 15, Orhan was 10, Mehmet was 11 year-old. There was no anyone from PKK (member of the organization). The PKK does not deal with bringing diesel oil with 40-50 mules. The soldiers who stopped us at the border never spoke with us. After the incident no military officials came to help. After the bombing several wounded people froze to death on the grounds that no one had not shown up to help. We the three people from the 38 have survived. They did not see me because I was hiding buried in snow.
Previously soldiers had been stopping us however after a while they gave permission to us to pass. This time they did not let us go by closing all sides. The soldiers went away with their cars as soon as the bombing began.
If I were not survived the corpses would wait there for 1-2 days. We were in three separate groups that one of them in the border and others away from it. We thought to leave with leaving our load when they did not allow us to pass. After the bombing I walked approximately 100 metres and asked for help by telephone. After 2-3 hours, they came to help. Soldiers or an authorized person did not come, just our people came. We had left the village at 5 p.m. and at 9.30 p.m. we reached the border. At 9.40 p.m. was the bombing. The students among us were doing this work for their pocket money.
Our village is five kilometres inside from the border. The first group informed us after reaching border that the soldiers took measures. We thought to leave our load and pass the border as such because of the cold weather. At that moment four aircrafts came and bombed for 1,5 hours. We informed the headquarters by phone and they did not come. At 3 a.m. we carried the wounded and the dead to the half way to the village. Half of the wounded died on the road. Two or three of them could survive with timely medical intervention. The soldiers on the border knew that we were villagers and we have been doing this business. Before the incident time to time they waited on the border. They closed the road and left the others open. Our friends informed that the border was held by the soldiers.
I flew into the air due to explosions and then fell and I was buried in the snow. We will do this job as long as we are allowed to do. A clash was not occurred in his route so far. Until today when the soldiers caught us they shot our mules, burn the saddles and the goods we brought. This time, they shot us.
The first group informed us when they could not cross the border. We stayed where we were. As we were waiting on the grounds that the soldiers would allow us to pass or we could find another way to pass we as two separate groups were bombed. We were bombed separately.
I saw that some of the wounded died due to loss of blood and neither the security forces nor the ambulance arrive”.
3-From another village not a witness but one of the first people that arrived the scene (who does not want to give his name):
Two days before the incident a clash took place in the road junction of Uludere. Soldiers told to our friend who buys the goods we bring during the border trade and sells the shops that “Tonight is the last one. You will not be able to do this job again”.
4-The father of Ferhat ENCÜ whose right to life was violated: In last one month the soldiers did not give trouble as we did our job.
5- Another villager (who does not want to give his name) Health personnel tried to reach the scene of the incident with ambulances from Şırnak Province at 3 a.m. Soldiers hindered them saying you cannot go there with ambulances. After the reaction of the villagers whom the health personnel met they went to the headquarters and said that they would like to go to the scene. But in the headquarters they told the health personnel that only the paths could be used and the road was not safe. A friend of mine who is a health personnel working in Şırnak Province told me these.
6-Another villager (who does not want to give his name) I was also once a smuggler. There is an unwritten contract between us and the soldiers. The State could save the wounded with the helicopters in Şırnak Province as the minsters who carried the wounded from Libya with private ambulance airplanes and as the ones who had wounded in Mavi Marmara attack from Israel. Some of the wounded frozen to dead.
7- Şükrü UYSAL, the brother of Özcan UYSAL whose right to life was violated: “I have been living in Ortasu village. I was in the village when the incident took place. A lot of people from our village provide their living with the border trade. Border trade has been going on for many years. Border trade has been conducted with the information of the gendarmerie headquarters in our village for a long time. My brother’s group moved from the village to the Iraqi border on 28 December 2011 at 2 p.m. As they were returning approximately at 9 in the evening they divided into two groups after seeing the soldiers who had closed the road. The pioneering group waited in the border and watched the soldiers while the other one informed the others about the soldiers. As they were doing this they were attacked. The rear group took refuge in a rocky area. The first group was killed in a flat place, and there is still snow everywhere. Lightning flares fired by the soldiers illuminated everywhere as the daylight. Thanks to this lighting soldiers could see clearly everyone. The route was a continuously used route and there was a road on the route. There were mines on the road. 35 villagers have been killed and 3 people were wounded in the incident. ”
8- The head of Ortasu Village we talked in the mourning house: We have been doing border trade in this route, I mean this job, since the English had drawn this border. Soldiers and the state officials know that we have been doing smuggling. I think that this incident is a movement like Ergenekon or Balyoz because it took place just after Bülent Arınç told that they will give the rights of Kurds. Moreover the villages in the surrounding voted for the [pro-Kurdish] Peace and Democracy Party (BDP). I have been thinking why this incident took place. The region is not the route of PKK because the Iraq side is flat; it is impossible to make a surprise attack from that side to the Turkish border. Everyone approaching from that side would be noticed by the Turkish soldiers. There was not a clash in this route until now. Generally during the operation the head of the village and the temporary village guards were warmed before in order to prevent the smugglers not to go to the region or not to return back. Our place, Gülyazı Village could not be a municipality although it has a high population. We want the border gate to be open here. We made official applications. But…”
9- Another villager who talked in the mourning house in Ortasu Village: “Herons detect everything. Our children were not carrying guns. Herons should have detected this. Instead why did they bomb our children…”
10- Hacı Encü who talked in the mourning house in Ortasu Village: “We reached the border at 7 p.m. We loaded petrol and sugar from a place 2,5 or 3 kilometres inside the border and returned back. Servet Encü from the pioneers came to us just 200-300 metres before the border and told us that the soldiers had closed the border. Later they lighted the border. We heard the salvos of the artillery. Then the fighters bombed. Half an hour later they bombed our place. The first group was completely burned down. Our place did not get blacked”
11- Another villager who talked in the mourning house in Ortasu Village: “No one came to help after the incident although we informed. They did not reply our calls. We brought our dead. Our children could be saved if they interfered on time”.
Official interviews made in Uludere and Şırnak Province:
1- Şırnak Chief Public Prosecution Office: On 30 December 2011 a fax message had been sent from MAZLUMDER General Centre and called on 02 January 2012. As a reply the office told the commission that their programme was full for two days and they could not meet with the commission.
2- Uludere District Governorate Naif Yavuz: On 30 December 2011 a fax message had been sent from MAZLUMDER General Centre and called on 02 January 2012. As a reply the governorate gave a negative reply on the grounds that the governor was attacked and has been resting in the hotel.
3-Uludere District Gendarmerie Headquarters: On 30 December 2011 a fax message had been sent from MAZLUMDER General Centre and called on 02 January 2012. As a reply they told the commission that they won’t meet with the commission.
4-Şırnak Governorate: The members of the commission also made written application to Şırnak Governorate as in the relations with other official institutions, with a fax message sent from the General Centre of the MAZLUMDER on 30 December 2011. Also an authorised correspondent could not be found in the Governorate when called from the MAZLUMDER’s General Centre.
Claims on the case: There are many claims on the case. Statements by the official authorities are one of the most significant examples. For example; the Turkish General Staff’s first official statement No: BA-33/11 on 29.12.2011 at 11: 45 as follows:
“1. The Turkish Armed Forces conducts cross-border operations within the framework of the authority given by the Turkish Grand National Assembly or TBMM on 17 October 2007. The authority in question has been renewed once in a year.
2. The Turkish Armed Forces was informed that leaders of the terrorist organization had ordered groups to retaliate for their loss in recent period and many terrorists had been sent to Sinat-Haftanin area located in cross-border as reinforcing units.
3. In the light of this information obtained through intelligence from several sources and technical analysis; it was understood that terrorist groups including some leaders came together and were in preparation for attacks against patrols, bases located in the border line. Then, relevant units were informed about that development.
4. In the light of testimonies by surrendered terrorist members; it is known that the subversive terrorist organization brought artillery and arsenal from Iraq to our territory with draught animals in previous attacks.
5. There was an increase in intelligence regarding potential attacks against our patrols and bases located in near to the border of the Northern Iraq as a result there was an increase also in reconnaissance and surveillance in the border line. In this regard, it was determined [by means of Unmanned Aerial Vehicles] that there was a terrorist group moving to the border from Iraq territory at 18.39 on 28 December 2011.
6. As the area was a route often used by terrorists and it was night time, there was a discussion that an air force operation should be launched. The operation was launched from 21.37 to 22.24 on that day.
7. The incident scene is Sinat-Haftanin (Northern Iraq) area where subversive terrorist organization’s main bases are located and no civilian settlement.
8. Administrative and judicial investigation and procedures are going on. With our best regards.”
Mr. Hüseyin Çelik’s, the Vice-President of the Justice and Development Party or AKP, first statement as follows:
“A sorrowful incident left its mark on our EC meeting today. The incident in Şırnak [where the incident happened] was extremely sorrowful. There was an attack by air forces in the Sinat-Haftanin area. As a result, 35 citizens lost their lives. May God their souls and I offer my condolences to the families. The operation was started by thinking that they were terrorists. However, local authorities and official authorities, who went there, determined that they were mostly cigarette smuggler without revealing their identities. The details of those people would be obtained through investigation.
I offer my condolences to the families. If there was a fault, it would be determined. According to preliminary information, they were smugglers not terrorists. It is sure that they do not deserve such an end even they are smugglers. There is no deliberate action. Those, who make similarity 33 Bullets incident, are serious mistaken. If the preliminary information were accurate, it was an operation accident. If there was a fault, it would never be covered.
I carefully read the statement by the Turkish General Staff. Please do remember that arsenals were carried by hinnies. There were criticisms against officials that why measurements had not been taken. There is no contradiction between my speech and the Turkish General Staff’s statement. The air force operation was launched by thinking that they were terrorists.
Lack of intelligence, an operation accident…
If there was no terror in Turkey, the sorrowful incident would have not happened today. We told that we were eagle against terrorists and dove regarding citizens. There cannot be such an action against smugglers. We wish that there would not be a similar incident in the future. There cannot be a deliberate action; it can be operation accident resulted from lack of intelligence.
Relatives of the 35 citizens suffered from that incident. There is no need further an intentional. It won’t serve to anyone. There might be protests in streets or it is normal that BDP (Peace and Democracy Party) declares mourning yet encouraging people to organize protests, it won’t serve to anyone.
Tradesmen were sick and tired of closing up shops in the South and Southeast. People are already in a difficult condition.
Questions-Answers – An administrative investigation was already launched. We will do what needed to be done. No one can put himself/herself into a judge’s shoes.
- There is no contradiction between my speech and the Turkish General Staff’s statement. The Turkish General Staff made a statement based on thinking those people as terrorists. Please do remember the Hantepe attack; the arsenals were carried by hinnies. There were criticisms against officials that why measurements had not been taken. The statement says that the operation was launched in an area which used often by terrorists. However, identities of these people were determined after the statement.
- Detailed identity information and why they were there will be learned through an extensive investigation. This unfortunate accident does not mean that we will not fight against terrorism. We will continue to fight until that problem ends.
- The Turkish Armed Forces must be an eagle against terrorists and a dove for citizens. Legal sanctions on smugglers are written in our legislation.
- A soldier, who gives his coat to a terrorist when he is caught alive in a cave, does not want to kill smugglers. According to our preliminary information, there cannot be a deliberate action. Investigation will determine whether there is a weakness or fault.
- The Prime Minister has obtained information from all relevant authorities such as the Turkish General Staff and the Minister of Interior Affairs.”
First statements by the media as a result, the claims are:
• They were PKK members
• Wrong intelligence
• They were PKK couriers
• They were smugglers
POINTS BY THE MISSION:
Regarding the Incident Scene
1. A group from the delegation departed from the Ortasu villave at 07.00 in the morning to go the incident scene on 31.12.2011. They set off with their own cars and after a while they continued with a tractor. The incident scene is about 4-5 kilometres from the Ortasu Village. The group arrived in the incident scene, where is called as “Yıldıztepe” or “Yıldız Yaylası” by villagers, at about 10.30. There were also a group of journalist and villagers, who accompanied the group, in the incident scene. The mission has determined that:
2. The incident scene is about 4-5 kilometres away from the Ortasu Village, Vehicles can be used until a certain location, about 1,5 kilometres is pathway,
3. There are cultivated area and coal mines on the way to the incident scene,
4. There is an evicted building, which is very old and as the villagers accompanied the mission told it was a patrol in the past, on the way,
5. There is a skull of a hinny in the area that is about 300 meters away from the bombing location,
6. The incident happened in the 0 point of the border of Iraq-Turkey, there is a boundary stone which fragmented and some remnants are in Turkey while some in Iraq,
7. There is a crater, which is 50 meters away from the boundary stone and in the Southwest direction within Iraq territory, with 5 meters size and half meter depth. It is possible that it occurred after the air force bombing,
8. There is another crater, which is similar to the former one, located in the south direction of the boundary stone and about 500 meters towards the valley,
9. There are remnants of bombs next to the boundary stone. There is no strike on the boundary stone and fuel drums are spread yet not fragmented. People, animal and flora, which is considered as living organism, were damaged and limited with size of the bombing yet stone, drum etc… were not damaged,
10. 1There are tarnishing, snowmelt and woods were burnt in north and south sides in a 5 decares area around the crater,
11. There is a bag, which people put olive and bread, next to the boundary stone. There is no damage to the bag,
12. There are still soft tissues, which not fragmented, and pieces of bones in the incident scene. Although it is understood that some of them belong to hinnies, some of them are not clear whether belong to animals or people,
13. Top of the hill is flat not rough or hilly,
14. There are observation towers, which located in dominant parts of the northern part of the incident scene and see the scene clearly,
15. There are clothes belong to those who lost their lives as well as an active mobile phone,
16. There are GSM networks and mobile phone can be used actively,
17. Public prosecutor or another security forces have not arrived in the incident scene, evidences were not collected and no barrier tape by the time the group was there.
Regarding the Incident:
35 individuals’ right to life were violated in the attack. The following is the list of people whose right to life were violated (the list was prepared based on interviews and autopsy reports):
Name: Date of Birth and Place
1. Özcan UYSAL 30/12/1993 Şırnak/Uludere.
2. Seyithan ENÇ 30/12/1993 Şırnak/Uludere.
3. Cemal ENCU 1994 Şırnak/Uludere.
4. Vedat ENCU 1994 Şırnak/Uludere.
5. Selim ENCU 1973 Şırnak/Uludere.
6. Selahattin ENCU 1995 Şırnak/Uludere.
7. Nadir ALMA 1986 Şırnak/Uludere.
8. Celal ENCU 1986 Şırnak/Uludere.
9. Bilal ENCU
10. Şirvan ENCU 1992 Şırnak/Uludere.
11. Nevzat ENCU 1992 Şırnak/Uludere.
12. Salih ENCU 1993 Şırnak/Uludere.
13. Osman KAPLAN 1980.
14. Mahsun ENCU 1994 Şırnak/Uludere.
15. Muhammet ENCU 1998 Şırnak/Uludere.
16. Hüsnü ENCU 1981 Şırnak/Uludere.
17. Savaş ENCU 1997 Şırnak/Uludere.
18. Erkan ENCU 1998 Şırnak/Uludere.
19. Cihan ENCU 1992 Şırnak/Uludere.
20. Fadıl ENCU 1991 Şırnak/Uludere.
21. Şerafettin ENCU 1994 Şırnak/Uludere.
22. Hamza ENCU 1990 Şırnak/Uludere.
23. Aslan ENCU 1994 Şırnak/Uludere.
24. M.Ali TOSUN 1987 Şırnak/Uludere.
25. Identity details are same with number 21.
26. Orhan ENCU 1992 Şırnak/Uludere.
27. Salih ÜREK 1995 Şırnak/Uludere.
28. Yüksel ÜREK 1995 Şırnak/Uludere.
29. Adem ANT 1992 Şırnak/Uludere.
30. Hüseyin ENCU 1991 Şırnak/Uludere.
31. Bedran ENCU 1996 Şırnak/Uludere.
32. Serhat ENCU 1995 Şırnak/Uludere.
33. Şivan ENCU
34. Abdulselam ENCU Şırnak/Uludere.
35. An arm and a leg: no information about the identity.
All of them are civilians and according to the autopsy reports: 17 of them are children, 14 of them are mature and 4 of them do not have any indication about their age,
• Age of those, who are considered as mature, vary from 19 to 25,
• There was no warning to STOP and people were not warned by security forces. There was no counter fire by those who lost their lives or individual fire by soldiers. It is only the aircrafts that bombed and killed civilians,
• The civilians were known by security forces that have also information about movement of those people as a part of border trade,
• According to witnesses and villagers the route is continuously used by people. Everyone including security forces knows the route. Most of the way is not pathway and there are coal mines on the way,
• Contrary to the official statements, the incident scene is far away from the area named Sinat-Haftanin and civilians were attacked on Iraq-Turkey border,
• There was no attempt by the official institutions to take dead or injured people, therefore; villagers arrived late in the incident scene with their own means. As a result, some injured lost their lives for blood lose and freeze. Soldiers left the incident scene when villagers went there to take the corpses. The corpses were brought to the Gülyazı village by the villagers with their own means,
• The hospital lacks of equipment and staff for autopsy. Even, as far as we observed there is almost no staff in the hospital. The corpses were negligently put into rooms. The corpses were covered with blankets by their relatives. The corpses were taken to autopsy and funeral vehicle by the families,
• Due to the lack of technical capacity, it is not possible to collect evidence as it should be done. Therefore, there is a high probability of spoliation of evidences,
• Some of the corpses seen by the mission were burnt and some internal organs at outside of the body, most of the skulls were shattered, unity of the body was deformed as a result of the scatter,
• High explosive bombs and artillery, which have burning capacity, were used in the attack,
• No suspicious were arrested or detained,
• The incident happened in the zero point of the Turkey-Iraq border,
• People, who lost their lives, were dealing with border trade (fuel, cigarette and food) that has been conducted for long years. The patrol knows that people deal with such a border trade and made it easy and allowed much more than past during the last month.
Points Need to be Clarified:
1. Why didn’t any officers or officials go to the incident scene considering that the patrol and observation towers are close to the incident scene and they were informed and it is certain that villagers and village guards informed the soldiers about it?
2. Why were ambulances or health officers from Şırnak and other places not allowed to go to the incident scene?
3. Some seriously injured people lost their lives as there was no medical intervention and were freeze to death. What are the reasons for not going to the incident scene and detailed information about these deaths?
4. Considering that villagers have been dealing with border trade for long years; is there any similar attack against people in the past? Furthermore, does the patrol have any deliberate or negligence in this incident? There should be a special investigation about these issues.
5. In the past, village guards and mukhtar (head of a village) were warned “to go smuggling” when there would be operation. However, soldiers did not inform the villagers though they saw smugglers in daytime. Why did they not inform these villagers?
6. There were rumours that “it would be the last smuggling” and similar information given to the smuggler wholesaler and distributors. What were the aims of information? Did officials know that there would be an attack or not?
7. Unmanned Aerial Vehicles (Heron) can take image that gives an idea about shape and content of loading and whether there is any weapon or not. Did unmanned aerial vehicles give data regarding the group’s loading and whether they have weapon or not? Furthermore, did the unmanned aerial vehicles report or not that they were civilians?
8. Quantity, target and aim of the arsenal and explosives used in the attack? How long did the operation take? There is a claim that aircraft flares and cannon shootings were used. The claim needs to be proved. Content of the bombing needs to be determined.
9. All walky-talky conversations during and after the attack including between aircrafts and command centre as well as phone conversations between village guards, mukhtar and the patrol or third parties needs to be investigated in terms of location and distances.
10. It is told that villagers, who attempted to go to the incident scene after the incident, came across soldiers on the way and soldiers left there as soon as the villagers left. It needs to be investigated.
11. According the statement by the Turkish General Staff, the unmanned aerial vehicles took the first image at 18.39 and the bombardment was started at 21.37. Did officials confirm the intelligence or obtain additional information from local units during that 3 hours period_ If not, why they did not need to do so?
12. The official authorities made the statement according to which “they were attacked by thinking that they were members of the [terrorist] organization”. Even the concerned group was the one composed of “members of the organization”, can their extrajudicial execution through high explosive bombs from fighter aircrafts be legal and justified?
13. Do bomb contain any chemical substance? It is a key question since some of the corpses were burned and charred.
14. Have any air force or land force operation been launched in the location of the incident scene until now? If yes, the dates and results of them need to be publicized?
15. What was the aim of the helicopter, which was active while the villagers were taking the corpses with their own means? Why didn’t it land to help people there?
16. Did local military and civilian officials call each family and suggest entombing the corpses separately?
17. Why didn’t local officials and the Government representatives make any statement to the public on the first though they knew the incident?
Opinions and Recommendations:
1. It is an extrajudicial killing. Regarding the number of people, it is a “massacre”
2. It is a continuation of extrajudicial and massacre that have been conducting under the name of “fight against terrorism” and not brought to account,
3. National and international civil society organizations and democratic institutions should show awareness to organize fact-finding missions there,
4. Turkish Grand National Assembly and the Human Rights Inquiry Committee of the Turkish Grand National Assembly must put the massacre, which has caused public resentment and have points to be clarified, into its agenda and investigate it immediately,
5. United Nations and the Council of Europe should investigate the incident,
6. All relevant institutions should do what they should do in order to take people, who are perpetrators and responsible for the massacre, before the court. In order to have an effective investigation all military and civilian officials (including those who commanded to bomb), who have responsibility for the incident, should be laid from their jobs until the investigation ends. Public prosecution office and administrative units must conduct an effective investigation against those who are responsible. The public prosecution must bring justice and clear public’s conscience,
7. The State must accept that it is a massacre and apologize for it. The Government must take its political responsibility, the Minister of Interior Affairs must resign from his position, the Chief of General Staff and responsible chief/s of force must be laid from their positions,
8. The State must pay satisfactory pecuniary and non-pecuniary damages to the families alleviate their suffering. It should be done as a part of the State’s responsibility not as a gift or gratefulness,
9. Media and other mass communication networks must leave its biased approach and creating “guilty people” that lead to “extrajudicial killing” yet based on ethical principles,
10. People work in this field called as “smuggling” as there is no chance of income (such as industry, livestock or agriculture) other than border-trade and no border gate and restrictive legislation. It should be taken into consideration and necessary legislative steps need to be taken immediately. Administrative status of the area, whose population is high, should be promoted to town,
11. Violence based policies regarding the Kurdish Question provide a suitable atmosphere for such dark actions. Therefore, it is vital that the Government must change its existing policies and democracy and peace should be developed.
The Association of Human Rights and Solidarity for Oppressed People (MAZLUMDER)
Human Rights Association (IHD)
Confederation of Public Employees Trade Unions (KESK)
Turkish Medical Association (TTB)
The Contemporary Lawyers Association (ÇHD)
Human Rights Foundation of Turkey (HRFT)
Peace Assembly Of Turkey (TBM)
DISK Genel-Iş Trade Union (Genel Iş)
ANNEX
1. A photo that shows transfer of the corpses by the villagers
2. A photo that shows the road and pathway to the incident scene
3. A photo that shows situation of the corpses at the hospital
4. A photo that shows conditions of the autopsy
5. The Autopsy reports (71 pages)
6. Photos that show remnants in the incident scene and the boundary stone
DAVACI:
Sait Pektaş, Edip Yüksel, Kani Xulam
SUÇLANAN:
Türkiye Cümhuriyeti Hükumeti ve Silahlı Kuvvetlerin Komutanları
1. Yargıtay Cumhuriyet Başsavcılığına, Bakanlıklar, Ankara
2. Ankara Cumhuriyet Başsavcılığına, Sıhhiye, Ankara
3. Uludere Cumhuriyet Başsavcılığına, Uludere, Şırnak
SUÇ DUYURUSUNU YAPANLAR:
4. Av. Sait Pektaş
6756 Rix St. Se
Ada, Michigan, USA
5. Edip Yüksel, J.D.
Adjunct Philosophy Professor
Pima College, Downtown Campus
1245 N. Stone Dr.
Tucson, Arizona, USA
6. Kani Xulam
American Kurdish Information Network
2722 Connecticut Avenue NW # 42
Washington, DC 20008, USA