Lawyer Calls Turkish Christians’ Trial a ‘Scandal’

Evidence still absent in case for ‘insulting Turkishness and Islam.’

SILIVRI, Turkey, October 16 (CDN) — After three prosecution witnesses testified yesterday that they didn’t even know two Christians on trial for “insulting Turkishness and Islam,” a defense lawyer called the trial a “scandal.”

Speaking after yesterday’s hearing in the drawn-out trial, defense attorney Haydar Polat said the case’s initial acceptance by a state prosecutor in northwestern Turkey was based only on a written accusation from the local gendarmerie headquarters unaccompanied by any documentation.

“It’s a scandal,” Polat said. “It was a plot, a planned one, but a very unsuccessful plot, as there is no evidence.”

Turkish Christians Hakan Tastan and Turan Topal were arrested in October 2006; after a two-day investigation they were charged with allegedly slandering Turkishness and Islam while talking about their faith with three young men in Silivri, an hour’s drive west of Istanbul.

Even the three prosecution witnesses who appeared to testify at Thursday’s (Oct. 15) hearing failed to produce any evidence whatsoever against Tastan and Topal, who could be jailed for up to two years if convicted on three separate charges.

Yesterday’s three witnesses, all employed as office personnel for various court departments in Istanbul, testified that they had never met or heard of the two Christians on trial. The two court employees who had requested New Testaments testified that they had initiated the request themselves.

The first witness, a bailiff in a Petty Offenses Court in Istanbul for the past 28 years, declared he did not know the defendants or anyone else in the courtroom.

But he admitted that he had responded to a newspaper ad about 10 years ago to request a free New Testament. After telephoning the number to give his address, he said, the book arrived in the mail and is still in his home.

He also said he had never heard of the church mentioned in the indictment, although he had once gone to a wedding in a church in Istanbul’s Balikpazari district, where a large Armenian Orthodox church is located.

“This is the extent of what I know about this subject,” he concluded.

Fidgeting nervously, a second witness stated, “I am not at all acquainted with the defendants, nor do I know any of these participants. I was not a witness to any one of the matters in the indictment. I just go back and forth to my work at the Istanbul State Prosecutors’ office.”

The third person to testify reiterated that he also had no acquaintance with the defendants or anyone in the courtroom. But he stated under questioning that he had entered a website on the Internet some five or six years ago that offered a free New Testament.

“I don’t know or remember the website’s name or contents,” the witness said, “but after checking the box I was asked for some of my identity details, birth date, job, cell phone – I don’t remember exactly what.”

Noting that many shops and markets asked for the same kind of information, the witness said, “I don’t see any harm in that,” adding that he would not be an open person if he tried to hide all his personal details.

For the next hearing set for Jan. 28, 2010, the court has repeated its summons to three more prosecution witnesses who failed to appear yesterday: a woman employed in Istanbul’s security police headquarters and two armed forces personnel whose whereabouts had not yet been confirmed by the population bureau.

Case ‘Demands Acquittal’

Polat said after the hearing that even though the Justice Ministry gave permission in February for the case to continue under Turkey’s controversial Article 301, a loosely-defined law that criminalizes insulting the Turkish nation, “in my opinion the documents gathered in the file demand an acquittal.”

“There is no information, no document, no details, nothing,” Polat said. “There is just a video, showing the named people together, but what they are saying cannot be heard. It was shot in an open area, not a secret place, and there is no indication it was under any pressure.”

But prosecution lawyer Murat Inan told Compass, “Of course there is evidence. That’s why the Justice Ministry continued the case. This is a large ‘orgut’ [a term connoting an illegal and armed organization], and they need to be stopped from doing this propaganda here.”

At the close of the hearing, Inan told the court that there were missing issues concerning the judicial legality and activities of the “Bible research center” linked with the defendants that needed to be examined and exposed.

Turkish press were conspicuously absent at yesterday’s hearing, and except for one representative of the Turkish Protestant churches, there were no observers present.

The first seven hearings in the trial had been mobbed by dozens of TV and print journalists, focused on ultranationalist lawyer Kemal Kerincsiz, who led a seven-member legal team for the prosecution.

But since the January 2008 jailing of Kerincsiz and Sevgi Erenerol, who had accompanied him to all the Silivri trials, Turkish media interest in the case has dwindled. The two are alleged co-conspirators in the massive Ergenekon cabal accused of planning to overthrow the Turkish government.

This week the European Commission’s new “Turkey 2009 Progress Report” spelled out concerns about the problems of Turkey’s non-Muslim communities.

“Missionaries are widely perceived as a threat to the integrity of the country and to the Muslim religion,” the Oct. 14 report stated. “Further efforts are needed to create an environment conducive to full respect of freedom of religion in particular.”

In specific reference to Tastan and Topal’s case, the report noted: “A court case against two missionaries in Silivri continued; it was also expanded after the Ministry of Justice allowed judicial proceedings under Article 301 of the Criminal Code.”

The Turkish constitution guarantees freedom of religion to all its citizens, and the nation’s legal codes specifically protect missionary activities.

“I trust our laws on this. But psychologically, our judges and prosecutors are not ready to implement this yet,” Polat said. “They look at Christian missionaries from their own viewpoint; they aren’t able to look at them in a balanced way.”

Report from Compass Direct News 


Former police commander, university researcher, suspected ringleader’s father testify.

MALATYA, Turkey, April 15 (Compass Direct News) – Two years after the murder of three Christians in this city in southeastern Turkey, lawyers at a hearing here on Monday (April 13) uncovered important information on the role that local security forces played in the slaughter.

At the 16th hearing of the murder case at the Malatya Third Criminal Court, plaintiff attorneys called a heavy slate of witnesses, including Mehmet Ulger, the gendarmerie commander of Malatya province during the April 2007 murders who was arrested on March 12 for his alleged connection to a political conspiracy, and Ruhi Abat, a theology instructor at the local Ismet Inonu University.

Two Turkish Christians, Necati Aydin and Ugur Yuksel, and a German Christian, Tilmann Geske, were tied up and stabbed to death at Zirve Publishing Co. offices on April 18, 2007. Plaintiff attorneys have moved the focus of the trial away from the five suspects – Salih Gurler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim, and alleged ringleader Emre Gunaydin – to local officials believed to be liaisons or masterminds of the murders.

The retired gendarmerie commander and the theology researcher have suspected links to the crime. In January an anonymous letter sent to Turkish churches and obtained by the media claimed that then-commander Ulger instigated the murders and directed Abat to prepare arguments against missionary activity.

According to phone records, Abat made 1,415 telephone calls to gendarmerie intelligence forces in the six-month period prior to the 2007 murders. During his cross examination, he told the courtroom that the frequent contact resulted from gendarmerie requesting information on his research of local missionary activity.

Abat was part of a team of six researchers that focused on the social effects of missionary activity within the Malatya region.

“The information I gave the police and gendarmerie was aimed at answering the criticisms that missionaries had about Islam,” he said.

When plaintiff attorneys asked Ulger if this level of communication was typical, the former gendarmerie commander said that they communicated on other issues such as translating Arabic documents and further teaching engagements. But lawyers said this level of communication was unusual.

“He called the gendarmerie the equivalent of 10 times a day, seven days a week, which suggests something abnormal going on,” said plaintiff attorney Orhan Kemal Cengiz. “You wouldn’t talk that much to your mother.”

In a heated exchange at the end of the hearing, Ozkan Yucel, plaintiff attorney representing the families of the victims, pressed Ulger to answer whether he considered Christian missionary activity in Turkey to be a crime.

Avoiding a direct answer, Ulger said no such crime existed in Turkey’s penal system, but that gendarmerie classified such activity as “extreme right-wing.”

“The gendarmerie considers this to be the same [level of extremism] as radical Islamic activity,” he said.


Suspected Ringleader’s Family Testifies

Onur Dulkadir, a cousin and former classmate of Gunaydin, the suspected ringleader, testified on his interactions with Gunaydin and Malatya’s local Christian community prior to the murders.

Dulkadir claimed that a few months before the crime, he and Gunaydin attended a Christian meeting at a Malatya hotel where approximately 50 people were in attendance. He said they left when someone handed him a brochure about “missionary activity.”

Dulkadir told the court that after they left, Gunaydin said, “I am watching how they structure themselves,” and, “Very soon I am going to be rich.” In past hearings, Gunaydin claimed the Turkish state had promised him support if he would carry out the attacks successfully.

Gunaydin’s father, Mustafa Gunaydin, testified at the hearing that he didn’t believe his son had led the group of five to commit the grisly murder of the three Christians, two of them converts from Islam.

“I went once a week to the jail to see my son, and every time I spoke with my son I tried to bring out the identity of those behind the murders,” said Mustafa Gunaydin. “He swore to me there was nobody behind it . . . I still believe my son couldn’t have done anything. My child is afraid of blood.”

Mustafa Gunaydin works as a technician at Ismet Inonu University. Plaintiff attorneys asked him if he was acquainted with professor Fatih Hilmioglu, recently jailed in a mass arrest of professors associated with a national conspiracy known as Ergenekon. He replied that he knew Hilmioglu, but that he also knew about 70 percent of the university personnel and did not have a close friendship with the arrested professor.

The prosecuting attorneys have frequently contended that Ergenekon, a loose collection of ultra-nationalist generals, businessmen, mafia and journalists who planned to engineer domestic chaos and overthrow the Turkish government, instigated Emre Gunaydin to commit the murders.

Ulger was arrested as part of the Turkish state’s investigations into Ergenekon.


Cryptic Comments

Among Emre Gunaydin’s most prominent suspect links to Ergenekon is his jailed former co-worker Varol Bulent Aral, who was arrested in February for being a possible liaison between the five youths on trial for the murders and the true masterminds.

Hamit Ozpolat, owner of a newspaper and radio station in Adiyaman, testified at the hearing that Aral made cryptic comments in regard to his connections with the criminal organization. When Aral approached Ozpolat for a job at one of his news outlets, he declined his application, which he said resulted in Aral shouting threats against him. When police came, Ozpolat testified, Aral shouted, “You can’t do anything to me, I am a member of the deep state.”

Plaintiff attorneys have suspected a connection between the Malatya murder case and Ergenekon for several months, attempting to merge the two cases since last August.

But in a strange turn, the National Intelligence Agency (MIT) has issued a report claiming that Ergenekon and Christian missionary agencies were working together to destroy the Turkish nation. This claim would seem to contradict older Ergenekon documents that make reference to church members in Izmir, Mersin and Trabzon, three Turkish cities where Christians were attacked or killed in the following years.

Malatya plaintiff attorneys told Compass the theory of Christians wanting to destroy Turkey exists in the national consciousness but has no basis in reality.

“One of the core activities of Ergenekon is to struggle against missionary activity,” plaintiff attorney Cengiz said. “They are very hostile against missionary activities, as they see them as an extension of the external enemies in Turkey.”

On Monday (April 13), police raided the home of professor Turkan Saylan, 74-year old president of the Association for Support of Progressive Life (CYDD) and a cancer patient. The seven-hour raid took place on the basis of a MIT report stating her organization had received funds from the American Board, the oldest organization in Turkey with missionary status. The American Board is known in Turkey for building schools and hospitals and funding development projects.

Police reportedly raided her home and office in an attempt to find information linking CYDD finances to the American Board and proselytizing activities. Saylan’s organization has opened three court cases against MIT for past accusations of missionary activities.

In an online report published by Haber50 today, Saylan said that her premises were raided as retaliation for the cases opened against MIT, which for years has been trying to destroy her organization’s reputation in the press.

In addition, the report says Yasar Yaser, president of the Health and Education Association (SEV), used her organization’s printing press in order to produce Bibles.

“The terrible truth is some media, including some Muslim newspapers, were very eager to cover this story,” plaintiff attorney Cengiz said. He emphasized that suspicions of Christian groups in Turkey having such a subversive agenda were baseless.

This Saturday (April 18) will mark the second anniversary of the stabbing deaths of the three Christians. Churches across Turkey will commemorate the event through special services, and the Turkish Protestant Alliance has designated the day as an international day of prayer.

The next hearing of the case is scheduled to take place on May 22.

Report from Compass News Direct