Court Seeks Help to Link Murders in Turkey to ‘Deep State’


Reports mount linking top gendarmerie officials to Malatya slaughter.

MALATYA, Turkey, November 17 (CDN) — Judges and prosecutors in the trial regarding the murder of three Christians in this southeastern city in Turkey on Friday (Nov. 13) renewed their request for help from the Istanbul High Criminal Court as reports mounted linking the slayings to top gendarmerie officials.

The Malatya court judges overseeing hearings on the murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske requested that the Istanbul criminal court establish whether the case was linked to the controversial cabal of military, political and other influential figures, Ergenekon, which has allegedly been trying to overthrow the government by upsetting Turkey’s peace.

For the last two and a half years prosecuting lawyers have established the case that Emre Gunaydin, Salih Gurler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who were caught at the murder scene on April 18, 2007, were not acting independently but were incited by Turkey’s “deep state,” an expression of which is Ergenekon. Seven months ago the Malatya court requested from prosecutors on the Ergenekon case at the Istanbul high court to examine whether the two cases were connected. They have not received a reply yet.

The court and various mainstream media have received informant letters with specific names linking the murders to top gendarmerie officials. Last month a Turkish newspaper received a list of payments the gendarmerie made to informants to physically follow and collect information on Christians in Malatya. Phone trees also show calls made from the murderers to two alleged “middle-men,” Huseyin Yelki and Bulent Varol Aral, gendarmerie officials and other nationalist figures in Malatya.

“We are expecting the Istanbul prosecutor to make a careful investigation and give us a response and attest to the connections the court has found,” said prosecuting attorney Erdal Dogan on Friday during a press briefing. “The actions of these men who are on trial were not independent, and from the beginning we believed they were organized by Ergenekon. Our theories have become more concrete, and we are expecting the Istanbul prosecutor to investigate these closely, establish the connections and give us a response.”

Lawyers said that informant letters, testimonies and other evidence have only confirmed their original suspicions. The most striking of these is that the local gendarmerie forces were following activities of Christians in Malatya in the months leading up to the murders and afterwards yet did not stop the young men from stabbing and slashing the three Christians to death.

“If you have been watching a small, tiny group so closely,” said lawyer Orhan Kemal Cengiz, “how could it be possible that you disregard this murder? This is a legitimate question which requires ordinary intelligence.” 

Last month the head of Istanbul police intelligence, Ramazan Akyurek, was demoted amid allegations that he had neglected to investigate three Christian murder cases between 2006 and 2007. When Turkish news reporters asked Dogan whether prosecutors would make a request to investigate whether Akyurek played a greater part in the murders, he said that it was not out of the question.

The five young suspects were apprehended after Zirve Publishing Co. workers went to the publishing house to find out why the three Christian men were not answering their phones. Finding the door of the office locked and getting no answer, they called police. In a report prepared by Akyurek’s department, his staff claimed that the murderers were apprehended thanks to phone tapping – which attorney Dogan said is a lie.

“According to a report, they said that they had been listening to the murderers’ phones and following them, and that that’s how they found and arrested them,” said Dogan. “You know this is a lie. The five men were arrested haphazardly. We know that. We also know that the gendarmerie was in fact listening to their conversations, but there’s something interesting here: On the one hand they are listening to the criminals’ phones, but on the other they couldn’t thwart the crime.”

Prosecuting lawyers said that this makes both Akyurek’s department and the gendarmerie guilty of being accomplices to the crime, and that they should be tried along with the five young men.

“They should stand trial for not thwarting a crime and failing to perform their duties,” said Dogan. “They [gendarmerie and the police intelligence security] should be tried under Article 8 of the penal code as accomplices because they are connected. This is not a question of removing someone from his position. They should stand trial with the men who are now on trial.”

The lawyers expressed frustration at being able to see the bigger picture yet not having enough evidence to proceed, as well as with having to wait on the Istanbul prosecutor for more evidence.

“It is crystal clear,” said attorney Cengiz. “There is a much bigger agenda and much more complex connections. We convinced everyone, but we cannot do this beyond reasonable doubt; we can’t prove it. We are blocked, actually.”

Cengiz explained that as lawyers for the victims’ families, they are not in a position to collect evidence.

“We are heavily dependent on what the prosecutor is doing, and unfortunately they are not able to do much,” he said.

Cengiz said that although the case was complicated and the Malatya judges resisted their arguments at the outset of the hearings, now they agree with the prosecuting lawyers that there is a broader network behind the murders.

“Now they are very clear – they know what happened and what kind of connections there are, etcetera, but they are fighting against a dragon,” said Cengiz. “So they desperately sent this request to the prosecutor in Istanbul, hoping that it will be the Istanbul prosecutor who will create these links rather than them. It should be vice versa because they have all these details, but they are not ready for this confrontation.”

Cengiz explained that while the Malatya court has a better understanding of the case than the Istanbul prosecutors, the advantage of the Istanbul High Criminal Court is that it has the backing of the Justice Ministry and is better positioned to take on the powers that may be behind this and other murders. 

“They can’t take the responsibility because this is just a tiny court in the remote part of Turkey, so how can they confront the reality?” he said.

The next hearing is set for Dec. 25, and prosecutors expect that by then the 13th Istanbul High Criminal Court will have sent an answer about connections of the murders to Ergenekon. They are also expecting the prosecuting judge to demand all five of the young men be charged with “three times life imprisonment,” plus additional years for organizing the crime.

“In our estimation, until now in a bizarre way the accused are acting like they have been given assurances that they will be forgiven and will get off the hook,” Dogan commented on the comfortable demeanor of the five men in court and their denial that others were behind the murders. “In the last months we see a continuation of the attempts to wreak havoc and chaos and overthrow the government. So we think whoever is giving confidence to these guys is affecting them. It is obvious to us that there is a group actively doing this. That means they are still trying to create chaos.”

Last week Ergenekon prosecutors found a hit-list consisting of 10 prominent representatives of minority groups as well as subscribers to Armenian weekly newspaper Agos, whose editor-in-chief was murdered three months before the Christians in Malatya. Cengiz explained that Ergenekon members are obsessed with purging Turkey of non-Muslim elements and non-Turkish minorities, which they see as a threat to the state.  

“They were trying to create chaos in Turkey, and of course they were trying to send a clear message to members of non-Muslim groups that they are not wanted in Turkey,” said Cengiz of the way the three Christians in Malatya were murdered. “They did it in a horrendous, barbaric way. This was also part of the message. Everything was planned but not by them, by other people. They are just puppets.”

Further Evidence of Cabal

This week Turkish news magazine Yeni Aktuel published a five-page article with pictures chronicling the “anti-terrorist” activities of a counter-guerilla team leader identified only by his initials, K.T.

In the article, K.T. described how for years he and his team pursued and killed members of the outlawed Kurdish Worker’s Party (PKK). Anti-guerilla activities in Turkey are paramilitary efforts managed by the “deep state.”

In K.T.’s account, he claimed that during his time in Malatya he met with members of an ultra-nationalist group who talked about murdering Hrant Dink, editor of Agos. Also during that time, members of the group spoke about how those who distributed Bibles in Malatya had to be “punished.”

One of the members of this group was a high school teacher called “O.” The teacher said that he arranged to be out of town before the Malatya murders, because police were following him and he wanted to make sure that they could not connect him to the Malatya murders.

Report from Compass Direct News 

Christians Concerned over Acquittals in Orissa, India Violence


Lax investigation, prosecution, lack of witness protection cited as reasons for injustice.

NEW DELHI, September 30 (CDN) — Only 24 people have been convicted a year after anti-Christian mayhem took place in India’s Orissa state, while the number of acquittals has risen to 95, compounding the sense of helplessness and frustration among surviving Christians.

Dr. John Dayal, secretary general of the All India Christian Council, called the trials “a travesty of justice.”

Last month a non-profit group, the Peoples Initiative for Justice and Peace (PIJP), reportedly found that as many as 2,500 complaints were filed with police following the violence in August-September 2008 in the eastern state’s Kandhamal district. The violence killed at least 100 people and burned more than 4,500 houses and over 250 churches and 13 educational institutions. It also rendered 50,000 people, mostly Christian, homeless.

Police, however, registered only 827 complaints and arrested fewer than 700 people, even though 11,000 people were named as attackers in those complaints, according to a PIJP survey.

“The manner of the judicial processes in the Kandhamal fast-track courts is tragic where all too many people have managed to escape conviction for crimes as serious as conspiracy for brutal, premeditated murder and deliberate arson,” Dayal told Compass.

Among those acquitted was Manoj Pradhan, who allegedly led mobs that killed Christians and burned their houses a few months before he became a state legislator from the Hindu nationalist Bharatiya Janata Party (BJP).

Facing charges in five cases of murder and six of arson, Pradhan has been acquitted in three cases.

On Thursday (Sept. 24), the judge of Fast Track Court-II, C.R. Das, acquitted Pradhan and another suspect, Mantu Nayak, on charges of killing Khageswar Digal for refusing to “reconvert” to Hinduism, according to the Press Trust of India (PTI). Digal was a 60-year-old Catholic and resident of Shankarakhol area in Chakapada Block in Kandhamal.

“The court acquitted the BJP MLA [Member of Legislative Assembly] and Nayak due to lack of proper evidence against them,” Special Public Prosecutor Pratap Patra told PTI.

The Rev. Ajay Singh, an activist from the Catholic Archdiocese of Cuttack-Bhubaneswar, said Digal’s son testified in court that he was witness to the killing of his father and knew the killers, and yet the accused were acquitted.

“It was a brutal murder, possibly a case of human sacrifice,” Singh said.

Digal was dragged from a vehicle before being killed on Sept. 24 last year – one month after the assassination of Vishwa Hindu Parishad (World Hindu Council or VHP) leader Swami Laxmanananda Saraswati by Maoists (extreme Marxists), which triggered the violence as Hindu extremists wrongly blamed Christians.

Singh spoke to the son of the deceased Digal, Rajendra Digal, who said his parents left their village after the violence and took shelter in the state capital, Bhubaneswar.

The elder Digal, who owned a grocery shop and 35 goats, returned to his village to see his house and livestock. After selling some of the goats, he boarded a public bus to Phulbani, Kandhamal district headquarters, to start his journey back to Bhubaneswar around noon on Sept. 24. As the bus started, however, some assailants allegedly led by Pradhan stopped the bus and dragged Digal out. They also broke his leg.

The attackers were said to have taken Digal to his village, where they looted his shop. Then they allegedly took him and eight of his goats to a nearby forest, where they feasted on the goat meat throughout the night.

When Rajendra Digal heard about it, he informed police, who allegedly took no interest in the complaint. Twelve days later, his father’s body, naked and burned with acid, was found 40 kilometers (25 miles) from the village. His genitals had also been chopped off.

Rajendra Digal said he believes his father may have been the victim of human sacrifice involving ritual feasting and torture.

Shoddy Probe, Lack of Evidence

A representative of the Christian Legal Association (CLA) said the police had been conducting investigations improperly.

The CLA source pointed out that in another Fast-Track Court-I case in which Pradhan was one of the accused, police had wrongly recorded the age of the informant, Bhutia Digal.

“The court observed that if the police could not cite the age of the informant correctly, how could they have investigated the case properly?” said the source, adding that such discrepancies were found in far too many cases.

During the violence in August-September 2008, the BJP was part of the ruling coalition with a local party, the Biju Janata Dal (BJD). The latter recently broke ties with the Hindu nationalist BJP, blaming it for violence in March, a month before the state assembly election.

The BJP lost the April-May election, and the BJD emerged as the stand-alone ruling party. It is believed that the state administration began taking action against the assailants only after the coalition split in March – six months too late, which possibly provided enough time for suspects to remove evidence and threaten witnesses.

Witnesses are still being threatened or bribed, according to rights groups.

On Thursday (Sept. 24), the day the BJP legislator was acquitted, the fast-track court also released five others accused of arson in the Tikabali area of Kandhamal in a separate case, reported the PTI.

Singh said the witnesses were either intimidated or bribed and therefore turned hostile to prosecutors in court. Friends of the accused took the witnesses to the court in their vehicle, he pointed out.

Dayal said the Orissa High Court should have taken notice of the increasing number of acquittals.

“A man now an MLA seems to be beyond the law,” he said. “I would demand a high-powered judicial review by the High Court of Orissa itself, or failing that, by civil society, which should set up an independent commission of retired judges and senior lawyers.”

Singh said police investigations and prosecutions were a “sham.” There is also “a pressing need for witness protection,” he said.

He added that there were reports of witnesses being intimidated and threatened in various villages, such as Dodingia, K. Nuagam, Phiringia and Solesoru. “Police are not entertaining complaints of the threat to the witnesses,” Singh said.

Dayal highlighted three essential problems: The quality of the charge-sheets prepared by police; the role of the public prosecutor in pressing the charges as prepared by police; and the circumstances under which eyewitnesses, “often sons and daughters of those killed, cannot attest to the truth or are forced into silence,” he said.

“India does not have a witness-protection program, and surely Kandhamal has none at all,” Dayal said. “Witnesses have to pass through an aggressive environment which affectively silences them. They are human beings and fear future violence, having seen brutal violence in the past.”

Singh and Dayal demanded that the cases be heard outside Kandhamal, preferably outside Orissa state.

SIDEBAR

First Life Sentences Handed Down for Orissa, India Killing

NEW DELHI, September 30 (Compass Direct News) – A fast-track court in Orissa state on Sept. 23 delivered its first life sentences for those convicted of murder in 2008 violence in Kandhamal district, sentencing five people to life imprisonment for their involvement in the killing of Pastor Akbar Digal.

Digal, 40, pastor of a Baptist church in Tatamaha village under Raikia police jurisdiction in Kandhamal district, was killed on Aug. 26, 2008 after refusing the slayers’ demand that he forsake Christianity and convert to Hinduism. His body was reportedly cut to pieces and then burned.

He is survived by his wife, Ludhia Digal, and five children.

Additional Sessions Judge Sobhan Kumar Das of Fast Track Court-I at Phulbani district headquarters sentenced Sabita Pradhan, 30; Papu Pradhan, 30; Abinash Pradhan, 29; Dharmaraj Pradhan, 32; and Mania Pradhan, 28, to life in prison and a fine of 5,000 rupees (US$104). The five were arrested after Pastor Digal’s wife filed a First Information Report on Aug. 29, 2008.

Previous to these sentences, two fast-track courts had sentenced 12 people to prison for terms ranging only from four to six years. The government set up the two fast-track courts to try nearly 900 cases related to anti-Christian violence that erupted in August 2008. The first conviction was determined on June 30.

The special Phulbani court also sentenced six others to three years’ rigorous imprisonment on Sept. 22 for an arson attack on a journalist’s house in Kandhamal’s Phiringia village on Dec. 12, 2007.

Police had arrested 11 people in this case, but the court acquitted five for “lack of evidence.” Convicted were Ganpati Kanhar, Rabindra Kanhar, Parmeshwar Kanhar, Daleswar Kanhar, Tuba Kanhar and Vijay Kanhar, whose ages range from 25 to 40 years. They were also fined 4,000 rupees (US$83) each.

Report from Compass Direct News