Trial over ‘Insulting Turkishness’ Again Yields No Evidence


Justice Minister says Article 301 defendants ‘presumed innocent’ until verdict.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

“They are uselessly dragging this out,” defense lawyer Haydar Polat said moments after Judge Hayrettin Sevim closed the Tuesday (May 25) hearing.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention for the past two years, ever since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals,
politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.  

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Report from Compass Direct News

THE UNITED NATIONS UNLEASHES A NEW THREAT TO RELIGIOUS FREEDOM


The United Nation’s Human Rights Council has passed the Religion Defamation Resolution, much to the dismay of Christians, reports MNN.

Muslim countries urged passage of non-binding resolution to protect religion from criticism, specifically Islam. The resolution urges countries to provide “protection against acts of hatred, discrimination, intimidation and coercion resulting from defamation of religions and incitement to religious hatred in general.”

Paul Estabrooks, minister-at-large with Open Doors, says, “This resolution sounds really good on paper, and we agree with the tolerance and harmony issues. But the very crux of the issue is our concern for the Christians who are a minority in dominant Muslim lands.”

He added that Muslim nations argued that Islam should be shielded from criticism in the media and other areas of public life. According to the Associated Press, Muslim countries cited Western criticism of Sharia Law (strict Islamic law) and cartoons depicting Muhammad, founder of Islam, as examples of unacceptable free speech.

Open Doors joins a coalition of more than 180 other non-governmental agencies from more than 50 countries which signed a statement last week protesting passing of the resolution. All voiced similar concern that the resolution could be used to justify anti-blasphemy, anti-conversion, or apostasy laws.

Keep praying for believers under fire. “They’ve already been limited in how they can live out their faith and defend charges–unjust charges–against them,” Estabrooks says. “We feel that this really does limit and marginalize Christians even more to where they are not even able to deal with the injustices that they confront.”

Open Doors USA President/CEO Dr. Carl Moeller urges, “Please join me in prayer that this resolution will not be put into practice by U.N. member states. Christianity is under attack around the world, and we as believers must speak out when confronted by injustice.”

The U.N. Human Rights Council is dominated by Muslim and African countries. Its resolutions are not binding but are meant to act as recommendations for U.N. member countries on issues of human rights, according to Associated Press.

Report from the Christian Telegraph