Christians in Turkey Acquitted of ‘Insulting Turkishness’

But court heavily fines them for dubious conviction of collecting personal data.

ISTANBUL, October 19 (CDN) — After four years of legal battle in a Turkish court, a judge acquitted two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge.

Four years ago this month, Turan Topal, 50, and Hakan Tastan, 41, started a legal battle after gendarmerie officers produced false witnesses to accuse them of spreading their faith and allegedly “insulting Turkishness, the military and Islam.”

At the Silivri court an hour west of Istanbul, Judge Hayrettin Sevim on Thursday (Oct. 14) acquitted the defendants of two charges that they had insulted the Turkish state (Article 301) and that they had insulted its people (Article 216) by spreading Christianity. Sevim cited lack of evidence.

He found them guilty, however, of collecting information on citizens without permission (Article 135) and sentenced them to seven months of imprisonment each. The court ruled that the two men could each pay a 4,500 lira (US$3,170) fine instead of serving time, said their lawyer Haydar Polat.

Tastan expressed mixed feelings about the verdicts.

“For both Turan and I, being found innocent from the accusation that we insulted the Turkish people was the most important thing for us, because we’ve always said we’re proud to be Turks,” Tastan said by telephone. “But it is unjust that they are sentencing us for collecting people’s information.”

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which has since acquired official association status and is now called The Association for Propagating Knowledge of the Bible. The two men had used contact information that individuals interested in Christianity had volunteered to provide on the association’s website.

Administrators of the association stated openly to local authorities that their goal was to disseminate information about Christianity.

The two men and their lawyer said they will be ready to appeal the unjust decision of the court when they have seen the official statement, which the court should issue within a month. Polat said the appeal process will take over a year.

“Why should we have to continue the legal battle and appeal this?” asked Tastan. “We are not responsible for the information that was collected. So why are they fining us for this? So, we continue our legal adventure.”

Still, he expressed qualified happiness.

“We are free from the charges that we have insulted the Turkish state and the people of Turkey and we’re glad for that, but we are sorry about the court’s sentence,” Tastan said. “We’re happy on one hand, and sorry on the other.”

The court hearing lasted just a few minutes, said Polat.

“The judges came to the court hearing ready with their decision,” Polat said. “Their file was complete, and there was neither other evidence nor witnesses.”

Polat was hesitant to comment on whether the decision to convict the men of collecting private data without permission was because they are Christians. He did underline, however, that the court’s decision to fine the men was unjust, and that they plan to appeal it after the court issues an official written verdict.

“This was the court’s decision,” said Polat, “but we believe this is not fair. This decision is inconsistent with the law.”


Christianity on Trial

The initial charges in 2006 against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

In March 2009 the Turkish Ministry of Justice issued a statement claiming that approval to try the two men’s case under the controversial Article 301came in response to the “original” statement by three young men that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Two of the three witnesses, however, stated in court that they didn’t even know Topal and Tastan. The third witness never appeared in court. Prosecutors were unable to produce any evidence indicating the defendants described Islam in these terms. At the same time, they questioned their right to speak openly about Christianity with others.

Polat and his legal partners had based their defense on the premise that Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” Polat told Compass last year. “In Turkey, constitutionally speaking, it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer and the defendants said that prosecuting lawyers gave political dimensions to the case by rendering baseless accusations in a nationalistic light, claiming that missionary activities were carried out by imperialistic countries intending to harm Turkey.

Tastan and Topal 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 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.

Ergenekon has been implicated in the cases of murdered priest Andreas Santoro, Armenian editor Hrant Dink, and the three Christians in Malatya: Necati Aydin, Ugur Yuksel and Tilmann Geske.

In a separate case, in March of 2009 Tastan and Topal were charged with “illegal collection of funds.” Each paid a fine of 600 Turkish lira (US$360) to a civil court in Istanbul. The verdict could not be appealed in the Turkish legal courts. This ruling referred to the men receiving church offerings without official permission from local authorities.

Report from Compass Direct News

Muslim Relatives of Sudanese Christian Woman Pursue Her, Son

Native of Khartoum lives in seclusion in Egypt as brother, ex-husband hunt for her.

NAIROBI, Kenya, December 10 (CDN) — A Sudanese woman who fled to Egypt after converting from Islam to Christianity is living in secluded isolation as her angry family members try to track her down.

Howida Ali’s Muslim brother and her ex-husband began searching for her in Cairo earlier this year after a relative there reported her whereabouts to them. While there, her brother and ex-husband tried to seize her 10-year-old son from school.

“I’m afraid of my brother finding us,” said the 38-year-old Ali, who has moved to another area. “Their aim is to take us back to Sudan, and there they will force us to return to the Islamic faith or sentence us to death according to Islamic law.”

Ali said she divorced her husband, Esam El deen Ali, because of his drug addiction in 2001, before she converted to Christianity. She was living with her parents in Khartoum when she began seeing visions of Christ, she said.

“In 2004, I started to see a vision of Christ speaking to me,” she told Compass. “When I shared it with my friend, who is a Muslim, she said that she used to hear these things from Christians.”

This comment spurred her to seek out a Christian friend from southern Sudan, who told her about Jesus Christ and prayed with her.

“After that time, I begun to see more visions from Christ saying, ‘He is Christ the Good Shepherd,” she said.

Fearing that relatives might discover she was a Christian, in 2007 she escaped with her then-8-year-old son. Previously the family had tried to stop her from leaving on grounds that she should not travel unescorted by an adult male relative, and because they disapproved of her divorce.

“They destroyed my passport, but through the assistance of a Christian friend, I acquired a new passport and secretly left,” she told Compass by e-mail.

Her peace in Egypt was short-lived; earlier this year, while Ali secretly attended church as she stayed with a Muslim relative in Cairo, the relative found out about her conversion to Christianity and notified her brother and ex-husband in Sudan.

They arrived in Cairo in July. She had found lodging at All Saints’ Cathedral, an Episcopal church in Cairo that houses a refugee ministry, but as it became clear that her brother and ex-husband were searching for her, refugee ministry officials moved her and her son to an apartment.

Ali said her brother and ex-husband sought to kill her for apostasy, or leaving Islam – with the support of relatives back in Sudan and others in the community, members of the Shaingia tribe who practice a strict form of Islam.

“Life became very difficult for me,” she said.

The Rev. Emmanuel S. Bennsion of All Saints’ Cathedral confirmed that Ali’s ex-husband and brother were acting on a tip from one of Ali’s relatives when they came searching for her in Cairo. They went to her son’s school to take him back to Sudan. It was a Christian school, and the director refused to hand the boy over to them, Bennsion said.

“Since that time, she has started hiding and become afraid,” Bennsion told Compass.

Ali had received financial support from family in Sudan through the relative in Cairo who notified her family of her conversion; that support has since vanished.

Fearing forcible repatriation to Sudan, Ali tried to go to Israel; Egyptian authorities arrested her at the border and jailed her for two months. During that time, she said, her son was put in an Islamic children’s home. A Muslim family had adopted him, but she was able to win back custody after leaving jail in October.

“We have stopped going out of the apartment or even going to church,” she said. “My son can no longer go to school daily as before. We cannot live our lives as before. I cannot now participate in the Bible study or fellowships – I’m now depending only on myself for growing spiritually, and for prayer and Bible study.”

She said her only hope for living her faith openly in Christian community is to secure asylum to another country that guarantees religious freedom.

Report from Compass Direct News 

Muslims in Bangladesh Seize Land Used by Church

Bengali-speaking settlers file case against Christians; one threatens, ‘I will finish your life.’

DHAKA, Bangladesh, September 1 (CDN) — Bengali-speaking, Muslim settlers have seized five acres of abandoned government property used by a church and falsedly charged Christians with damaging the land in southeastern Bangladesh’s Khagrachari hill district, Christian leaders said.

Kiron Joti Chakma, field director of Grace Baptist Church in Khagrachari district, told Compass that the settlers had taken over the church building and the five acres of land in Reservechara village in June and filed a case on Aug. 4 against five tribal Christians. The Bengali-speaking Muslims had come from other areas of Bangladesh in a government resettlement program that began in 1980.

“In the case, the settlers mentioned that the Christians had cut the trees and damaged the crops on their land and that they should pay 250,000 taka [US$3,690] as compensation,” said Chakma. “We cultivated pineapple in the land around the church. But the settlers damaged all of our pineapple trees and built two houses there.”

The government has allowed the Christians to use the land. Tribal leaders said that land-grabbing in the area hill tracts, undulating landscape under Dighinala police jurisdiction 300 kilometers (186 miles) southeast of the Dhaka, began again during the army-backed interim government of 2007-2008.

“It is still continuing, and our demands to stop land-grabbing do not rate very high with the administration and law enforcement agencies,” said one of the accused, 32-year-old Mintu Chakma.

When he went to the police station regarding the false case filed against the Christians, he said, the leader of the Bengali settlers was there and threatened him in front of officers, telling him, “I can devour dozens of people like you – I will finish your life.”

Church leaders have informed a nearby army camp of the seizure. Military officers said they would take action, but they have done nothing so far, Christians said.

“Our leaders informed the army zone commander, and he assured us they would take necessary action, but nothing has happened so far against those land grabbers and arsonists,” said 25-year-old Liton Chakma (Chakma is the name of the tribe), one of the Christians accused in the Grace Baptist case.

The Muslim settlers had burned a Seventh-day Adventist Church building in 2008 in Boachara village, close to the Grace Baptist Christians’ village, in an effort to frighten tribal people away from becoming Christian, said Liton Chakma. He told Compass that Bengali settlers had also hindered their attempt to construct the church building in August in 2007.

“Many new believers saw nothing had happened to the arsonists, and many of them reverted to their previous Buddhism,” he said. “The army and local administration allowed them to run wild. They always threaten to beat us and file cases against us.”

Mintu Chakma said that Muslim settlers seized a garden next to his house in 2007.

“They not only destroyed my pineapple garden, but they built a mosque there,” he said.

Land Ownership

Local police inspector Suvas Pal told Compass that neither tribal people nor Bengali settlers were the owners of that land. It is government-owned, abandoned land, he said.

“The Bengali settlers claim that the land was assigned to lease to them, but we did not find any copy of lease in the deputy commissioner’s office,” said Pal. “On the other hand, the tribal people could not show any papers of their possession of the land.”

Investigating Officer Omar Faruque told Compass that the Muslim settlers had built two houses there, though they did not live there or nearby.

“I told the Bengali settlers that if they [tribal Christians] worship in the church there, then do not disturb them,” said Faruque.

Dipankar Dewan, headman of the tribal community, told Compass that the tribal Christians have an historical claim to the land.

“The land belonged to the forefathers of tribal Christians, so they can lay claim to the property by inheritance,” said Dewan.

During conflict between tribal people and Bengali people in the hill tracts, the tribal people left the country and took shelter in neighboring India, leaving much of their land abandoned. Bengali settlers took over some of the land, while the government leased other tracts to Bengali settlers, Dewan said.

“Many lands of the tribal people were grabbed in the hill tracts in the two years of state-of-emergency period of the previous army-backed, interim government,” he said. “Those Bengali settlers tried to grab the land during the tenure of the army-backed, interim government.”

Members of the Shanti Bahini, tribal guerrillas who fought for autonomy in the hill tracts, ended a 25-years revolt in the Chittagong Hill Tracts area in 1997 under a peace treaty in which the government was to withdraw troops and restore land acquired by settlers to local tribesmen.

Some 2,000 Shanti Bahini guerrillas surrendered their weapons following the 1997 treaty. But the tribal people say many aspects of the treaty remain unfulfilled, including restoration of rights and assigning jobs to them.

The guerrillas had fought for autonomy in the hill and forest region bordering India and Burma (Myanmar) in a campaign that left nearly 8,500 troops, rebels and civilians killed.

Recently the Awami League government ordered one army brigade of nearly 2,500 troops to pull out from the hill tract, and the withdrawal that began early last month is expected to be completed soon. Four brigades of army are still deployed in the hill tracts comprising three districts – Rangamati, Khagrachari and Bandarban.

Report from Compass Direct News 


Ministry of Justice decision suggests spreading Christianity may be unlawful in Turkey.

ISTANBUL, March 20 (Compass Direct News) – Turkey’s decision last month to try two Christians under a revised version of a controversial law for “insulting Turkishness” because they spoke about their faith came as a blow to the country’s record of freedom of speech and religion.

A Silivri court on Feb. 24 received the go-ahead from the Ministry of Justice to try Christians Turan Topal and Hakan Tastan under the revised Article 301 – a law that has sparked outrage among proponents of free speech as journalists, writers, activists and lawyers have been tried under it. The court had sent the case to the Ministry of Justice after the government on May 8, 2008 put into effect a series of changes – which critics have called “cosmetic” – to the law.

The justice ministry decision came as a surprise to Topal and Tastan and their lawyer, as missionary activities are not illegal in Turkey. Defense lawyer Haydar Polat said no concrete evidence of insulting Turkey or Islam has emerged since the case first opened two years ago.

“The trial will continue from where it left off – to be honest, we thought they wouldn’t give permission [for the case to continue],” said Polat, “because there was no persuasive evidence of ‘degrading Turkishness and Islam’ in the case file.”

A Ministry of Justice statement claimed that approval to try the case came in response to the original statement by three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms, and Polat said Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” said Polat. “In Turkey, constitutionally speaking it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer contended that prosecuting lawyers have given political dimensions to the case by rendering baseless accusations in a nationalistic light.

“From their point of view, missionary activity carried out by missionaries of imperialistic countries is harmful for Turkish culture and the country overall,” Polat said.

Tastan said that although he has always been confident that he and Topal will be acquitted, the decision of the Ministry of Justice to try them under Article 301 left him deeply disappointed in his own country.

“After this last hearing, I realized that I didn’t feel as comfortable as I had been in the past,” Tastan told Compass. “I believed that surely the Ministry of Justice would never make the decision they did.”

Tastan said he was uneasy that his country would deem his Christian faith as insulting to the very Turkishness in which he takes pride.

“This is the source of my uneasiness: I love this country so much, this country’s people, that as a loving Turk who is a Christian to be tried for insulting Turkey has really cut me up,” said Tastan. “Because I love this nation, I’ve never said anything against it. That I’m a Christian, yes, I say that and I will continue to do so. But I think they are trying to paint the image that we insult, dislike and hate Turks. This really makes me sad and heartsick.”

If nothing else, Tastan said, the trial has provided an opportunity for Turkish Christians to show God’s love and also make themselves known to their compatriots. He called the ministerial decision duplicitous.

“A government that talks the European Union talk, claims to respect freedom, democracy, and accept everyone, yet rejects me even though I’m a Turkish citizen who is officially a Christian on his ID card, has made me sad,” he said. “That’s why I’m disappointed.”



At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which last week acquired official association status and is now called “The Society for Propagating Knowledge of the Bible.” In the last court hearing, prosecutors demanded that further inquiries be conducted into the nature of the association since the defendants used their contact lists to reach people interested in Christianity.

“Because they think like this, they believe that the Bible center is an important unit to the missionary activities,” said Polat. “And they allege that those working at this center are also guilty.”

The court has yet to decide whether police can investigate the Christian association.

Polat and the defendants said they believe that as no evidence has been presented, the case should come to a conclusion at the next hearing on May 28.

“From a legal standpoint, we hope that they will acquit us, that it will be obvious that there is no proof,” said Tastan. “There have only been allegations … none of the witnesses have accused us in court. I’m not a legal expert, but I believe that if there is no proof and no evidence of ‘insulting,’ then we should be set free.”

The initial charges prepared by the Silivri state prosecutor against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that Christian missionaries were trying to form illegal groups in local schools and insulting Turkishness, the military and Islam.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six gendarme soldiers to testify as prosecution witnesses, none have stepped forward to do so. At a June 24, 2008 hearing, two witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses – including one of the original complainants, Kose – have failed to show up on various trial dates.

“We believe the case has arrived to a concluding stage, because all evidence has been collected and the witnesses have been heard,” Polat said. “We believe the accused will be dismissed. The inverse would surprise us.”

Polat underlined that while the case shows that human rights violations in Turkey are still a “serious problem,” it is also true that Turkey’s desire to join the European Union has brought sincere efforts to improve democratic processes. He attested, however, that establishing a true democracy can be a long process that requires sacrifices.

“It is my conviction that there is no other way for people to believe in and establish democracy than through struggle,” he said.

Tastan added that he sees hope that the notion that being “Turkish” means being Muslim is breaking. Due to exposure to media coverage of the murder trial of the April 18, 2007 slaughter of three Christians in Malatya, he said, Turks are becoming aware that there are fellow citizens who are Christians and are even dying for their Lord.

“This makes me happy, because it means freedom for the Turkish Christians that come after us,” said Tastan. “At least they won’t experience these injustices. I believe we will accomplish this.”

For the time being, though, the Ministry of Justice’s decision that Tastan and Topal can be tried under the revised Article 301 law appears to contribute to the belief that to promulgate a non-Islamic faith in Turkey is tantamount to treason. As Turkish online human rights magazine Bianet headlined its coverage of the decision, “Ministerial Edict: You Can Be a Christian But Do Not Tell Anyone!”  

Report from Compass Direct News