Tag Archives: civil

Why Australia should face civil lawsuits over soldier misdeeds in Afghanistan

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Tim Matthews, University of Sydney and John Eldridge, University of Sydney

For the past two years, Paul Brereton, a New South Wales Supreme Court judge and Army Reserve major general, has been conducting an investigation into the conduct of members of the SAS in Afghanistan. While the findings are not yet known, leaks from within the Australian Defence Force (ADF) have suggested that as many as five cases involving unlawful killings have been uncovered.

Much of the media commentary surrounding the allegations has centred on the potential criminal prosecution of these alleged offences. But a further legal issue can arise from investigations of this kind – the alleged victims (or their families) might bring civil claims against Australia’s armed forces, seeking compensation for their suffering.



Read more:
Explainer: how Australia’s military justice system works

Cases of this kind have occurred in other countries. In the United States, a number of high-profile habeas corpus petitions have been filed against the government by people who claim they were unlawfully detained by US armed forces on suspicion of being insurgents in Iraq and Afghanistan.

Claims for damages have also been successfully brought by former Iraqi detainees against private military contractors over their alleged torture at Abu Ghraib prison in Iraq.

British courts are also currently considering a number of civil suits arising out of British involvement in the conflicts in Iraq and Afghanistan.

One of those claimants, Yunus Rahmatullah, was arrested by British forces in Iraq in 2004 on suspicion of being a member of Lashkar-e-Taiba, a terrorist organisation with links to al-Qaeda. He was “rendered” by British forces to the custody of the US army in Afghanistan, where he was detained for over ten years without charge or trial and, he alleges, tortured.

Rahmatullah denies ever being a member of a terrorist organisation. He has made a well-publicised claim for compensation from the UK government, under the country’s Human Rights Act.

Why are civil claims against soldiers controversial?

We are all exposed to potential civil liability in our day-to-day lives. If we drive negligently and cause an accident, for instance, we may find ourselves liable to pay compensation to those we have harmed. The same is true of public institutions and authorities, such as hospitals and the police. Few would suggest this is unfair or unreasonable.



Read more:
Inconsistency bedevils Australia’s prosecution of war criminals

However, the extension of civil liability to the armed forces is controversial. Former Army officer Bill O’Chee, for instance, recently argued forcefully against such liability:

Service personnel who commit crimes are already subject to military criminal proceedings, and this is rightly so. However, exposing them to claims for personal injury claims would be perverse and entirely unjust.

The very idea that highly paid lawyers in comfortable courts in Australia can understand, let alone litigate these cases, is fanciful at best.

How absurd it would be for our servicemen and women to be subjected to damages claims in these circumstances, let alone be asked to find the money for legal costs and a possible damages order against them.

Should these civil claims be permitted?

Such civil liability claims have never been brought against individual ADF personnel in Australia before. This would be new legal territory. And nobody is seriously suggesting these soldiers should personally bear the burden of defending civil claims arising from the Afghanistan and Iraq wars. Rather, any potential claims are likely to be defended by the Commonwealth.

This is the way civil claims against police officers in Australia are typically resolved. In such cases, individual officers will often be required to give evidence as to their version of events. Yet the costs of defending the case, and the compensation (if any) paid to the plaintiff, are borne not by the individual officers, but by the relevant public authority.

Despite the controversy surrounding them, there are still good reasons to allow civil claims of this kind to proceed.



Read more:
Friday essay: war crimes and the many threats to cultural heritage

First, criminal and civil claims serve different purposes. A successful criminal prosecution may leave a victim with a feeling of vindication, but it typically does not result in monetary compensation. As a result, it may matter little to victims or their families if the soldiers responsible are professionally disciplined, since they may receive no compensation for their loss.

Secondly, the notion that civilian courts are not competent to adjudicate on military matters is seriously problematic.

Nobody could deny that military personnel are forced to carry out their duties in extremely difficult conditions. It is also true that many lawyers and judges have difficulty appreciating the fraught circumstances in which military decision-making occurs.

But the answer to these difficulties is not the abandonment of such claims altogether. Judges are often faced with the task of making difficult decisions about matters on which they are not experts. Civil justice would simply not work if courts threw up their hands whenever they were faced with such challenges.

Greater accountability for the military

Finally, if the Commonwealth were somehow able to avoid liability for potential civil damages in these types of cases, the ADF may have less incentive to conduct military operations in ways that safeguard the rights of civilians caught in conflict zones.

Given the limited accountability for military decision-making in the public sphere, the possibility of accountability in a civil court would promote stricter adherence to international conventions on war.

Many of the victims who may bring claims of this kind are unlikely to excite public sympathy. For example, one of the claimants in the UK cases, Serdar Mohammed, was arrested while leaving a ten-hour firefight with British troops, discarding a rocket-propelled grenade launcher and ammunition on his way.

The ConversationBut we shouldn’t allow our moral judgement of claimants like Mohammed to erode our commitment to the rule of law. Public authorities, and especially our armed forces, should be held accountable for their actions to the limits imposed by law.

Tim Matthews, Sessional Academic, Law School, University of Sydney and John Eldridge, Lecturer, Sydney Law School, University of Sydney

This article was originally published on The Conversation. Read the original article.

Polyamory: The Next Progression

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The current ‘marriage equality’ debate, is really a debate about a redefining of what marriage is. From a Christian perspective there is no debate as the Bible is clear on the issue and so for Christians there is no change no matter what may or may not happen around us. What happens in the world happens there and that is not something the church has a say over in real terms. Certainly God does have something to say about it and he has said it through the Scriptures to the world today. Whatever happens in that world outside of Christianity, the Christian definition of marriage will never change, regardless of the pressure that may or may not be brought to bear upon it and/or the church of Christ.

It would seem to me that the next logical step – the next progression for relationships in the civil marriage/relationship space, but not necessarily with those seeking same-sex civil marriage legality, would be the polyamory culture that appears to be growing out there in the world.

For more on ployamory see:
– http://www.theguardian.com/lifeandstyle/2015/apr/25/polyamory-more-than-one-lover-emer-otoole
– http://archermagazine.com.au/2014/03/five-steps-to-successful-polyamory/
– http://www.scientificamerican.com/article/new-sexual-revolution-polyamory/
– http://www.huffingtonpost.com/angi-becker-stevens/polyamorous-relationships_b_4370026.html
– http://www.theatlantic.com/features/archive/2014/07/multiple-lovers-no-jealousy/374697/

Scotland: Accepts Ministers in Same-Sex Civil Partnerships

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The link below is to an article that reports on another denomination of the church moving further away from biblical norms.

For more visit:
http://www.theguardian.com/uk-news/2015/may/16/church-of-scotland-votes-accept-ministers-same-sex-civil-partnerships

Hindu Extremists in India Beat Pastor Unconscious

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Evangelist was traveling with sons from one village to another.

NEW DELHI, April 22 (CDN) — Hindu extremists beat a pastor and evangelist unconscious in front of his sons earlier this month in Madhya Pradesh state.

Ramesh Devda, 30, from Dhadhniya, Meghnagar district, said he was attacked on April 4 at about 11 a.m. after leading a prayer meeting in Chikklia village. He said he was on his way to Bhajidongra, at the border of Madhya Pradesh and Gujarat states, by motorcycle with his two sons, 10-year-old Elias, and 8-year-old Shimon, to lead another prayer meeting.

When he reached Raseda village, he said, suddenly three people on two motorcycles blocked his way and forced him to stop.

“Suddenly out of nowhere these three men appeared in two motorcycles – they blocked me and tilted my motorcycle,” Pastor Devda told Compass. “We fell down. They were carrying big bamboo sticks and clubs. They started beating me, and then they called and three more men came and started to attack me.”

He said he was thankful that his sons were spared from beating, though his older son sustained a leg injury in the course of the attack.

“They were angry at me and were threatening to kill me and were warning me not to come to their area again,” he said. “My sons were screaming at the top of their voices, and they were afraid. One of the men hit me on my forehead with a big bamboo stick, cracking my skull. The others were also beating me on my body, especially my back with bamboo sticks.”

A blow to the forehead temporarily blinded him, he said.

“My eyes were darkened, and I fell down, and they proceeded to beat me even more,” he said. “The men were also abusive in the foulest language that I had heard, and they were drunk.”

People passing by heard the two boys crying out and came to help, and the attackers fled, he said, leaving the unconscious pastor and his sons.

“I do not know who helped me, as I was unconscious,” Pastor Devda said. “But I came to know later that local Christians also came in and called the emergency helpline. As a result, an ambulance came, which then took me to the hospital.”

He was taken to Anita Surgical Hospital on Station Road in Dahod, Gujarat. There a physician identified only as Dr. Bharpoda told him that he had fractured his skull.

“I am being treated for my wounds now, but there is still a lot of pain,” Pastor Devda said.

A Christian for 15 years, Pastor Devda has been in Christian leadership for 11 years and now serves with the Christian Reformed Fellowship of India. He has two other children, Ashish and 4-year-old Sakina, and his wife Lalita, 28, is active with him in Christian service.

Pastor Devda leads congregations in Chikklia, Bhajidongra and Dhadhniya villages.

“I have heard that I was attacked because the people of Chikklia did not like me conducting the Sunday service there,” he said. “The people who beat me up do belong to a Hindu fundamentalist outfit, and some believers in Chikklia know them. I can recognize them if I see them again.”

He said, however, that he does not want to file a First Information Report (FIR) with police.

“There is no one supporting me or standing with me in my village or my mission, and I am myself fearful, as I have to continue to minister to these very people,” Pastor Devda said. “I know my attack was pre-planned, but I do not want to report it to the police.”

A Christian co-worker from Rajasthan was also attacked about a month ago in equally brutal fashion, he said, but also refrained from filing an FIR because of fear of repercussions.

Vijayesh Lal, secretary of the Evangelical Fellowship of India’s Religious Liberty Commission, said the tribal belt that extends to the border areas of Madhya Pradesh, Gujarat and Rajasthan, has been a hot spot for anti-Christian activity since the late 1990s.

“Only recently a 65-year-old evangelist was beaten and stripped by Hindu extremists,” he said. “It is a worrisome trend, and one that should be dealt with not only by the government but by the secular media and civil society in general.”

Report from Compass Direct News
http://www.compassdirect.org

Pakistani Christian Falsely Accused of ‘Blasphemy’ Illegally Detained

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Policeman says Arif Masih, held at an undisclosed location, is innocent.

LAHORE, Pakistan, April 15 (CDN) — Police in Punjab Province, Pakistan have illegally detained a Christian on a “blasphemy” accusation, even though one officer said he was certain an area Muslim falsely accused 40-year-old Arif Masih because of a property dispute.

On April 5 Shahid Yousuf Bajwa, Masih’s next-door neighbor, initially filed a First Information Report (FIR) against “an unidentified person” for desecrating the Quran after finding threatening letters and pages with quranic verses on the street outside his home in Village 129 RB-Tibbi, Chak Jhumra, Faisalabad district. Desecrating the Quran under Section 295-B of Pakistan’s blasphemy statutes is punishable by up to 25 years in prison.

“Some identified person has desecrated the Holy Quran and has tried to incite sentiments of the Muslims,” Bajwa wrote in the FIR. Clearly stating that he did not know who had done it, he wrote, “It is my humble submission to the higher authorities that those found guilty must be given exemplary punishment.”

Bajwa charges in the FIR that when he went outside his home at 9 p.m. and found the pages, he looked at them by the light of his cell phone and thought they were pages of the Quran. Masih’s uncle, Amjad Chaudhry, told Compass the pages look like those of a school textbook containing quranic verses.

Chaudhry said Bajwa and his two brothers are policemen. After Bajwa found the pages and the threatening letters, Chaudhry said, he arranged for an announcement to be made from the loudspeaker of the area mosque.

“The message urged all the Muslims of the village to gather there due to the urgency and sensitivity of the matter,” Chaudhry said.

He said initially local Muslims were very angry and suggested that Christian homes be set ablaze, but that others said the Christians should be first given a chance to explain whether they were responsible.

“Then some Muslims began saying that because Arif Masih lived on this street, he would be the person who could have done this crime,” he said. “However, most of the people who gathered there said that they knew Arif Masih well and they could not imagine he could do such a vile thing. But others insisted that because Masih was the only Christian who lived on the street, only he could be suspected of the crime.”

At about 10 p.m. on April 5, Chaudhry said, Bajwa’s brother Abdullah Bajwa called Masih to the Siyanwala police station, where he was arrested; Masih’s family members were unaware that he had been arrested.

According to Section 61 of Pakistan’s Criminal Procedure Code, an arrested person must be produced within 24 hours before a court; Masih has been detained at an undisclosed location without a court appearance since April 5, with police failing to register his arrest in any legal document, making his detention illegal. Investigating Officer Qaisar Younus denied that Masih was in police custody, but Superintendent of the Police Abdul Qadir told Compass that Masih had been detained for his own safety.

Younus told Compass that he was sure Masih was innocent, but that he had been falsely accused because of a land dispute.

 

Property Conflict

According to Chaudhry, about two years ago Masih bought a plot next to his house that another villager, Liaquat Ali Bajwa (no relation to Shahid Yousuf Bajwa) wanted to buy – and who despised Masih for it, telling the previous owner, “How come a Christian can buy the plot that I wanted to buy?”

The parcel owner had given Masih preference as he knew him well, and he understood that the homeowner adjacent to the property had the first rights to it anyway.

At the same time, Ali Bajwa was able to seize about five square feet of the house of a Christian named Ghulam Masih after the wall of his home was destroyed in last year’s flooding. Feeling he was not in position to challenge Ali Bajwa, Ghulam Masih sold the land to Arif Masih so that he could take charge, Chaudhry said.

Arif Masih subsequently filed a civil suit against Ali Bajwa to evict him from his property. Chaudhry said Arif Masih was about to win that case, and that Ali Bajwa thought he could retain that property and obtain the one Arif Masih had purchased by accusing him of blasphemy with the help of police officer Shahid Yousuf Bajwa.

Ali Bajwa had been threatening Masih, saying, “You will not only give me this plot, but I will even take your house,” Chaudhry said.

Chaudhry said he had learned that Shahid Yousuf Bajwa felt badly after villagers criticized him for falsely accusing an innocent man of blasphemy, but that Bajwa feared that if he withdrew the case he himself would be open to blasphemy charges.

 

Neighbors

Arif Masih’s family has remained steadfast throughout the case, refusing to flee the area in spite of the possibility of Muslim villagers being incited to attack them, Chaudhry said.

“It all became possible because of Muslim villagers who sided with us,” he said.

Chaudhry said that when police arrived at the scene of the Muslims who had gathered with the pages and the threatening letters, the villagers told officers that they had not seen who threw them on the street. He said that the letters included the threat, “You Muslims have failed in doing any harm to us, and now I order you all to convert to Christianity or else I will shoot you all.”

The letters did not bear the name of the person who wrote them, he added.

On Monday (April 11), Chaudhry managed to meet with Masih, though Masih’s wife has yet to see him. Chaudhry told Compass that the first thing Masih asked him was whether everyone was safe, as there are only three Christian families in the area of about 150 Muslim homes.

“If the mob had decided to harm our houses, then it would have been very devastating,” Chaudhry said.

After Masih was arrested, at midnight police came to his house and began beating on the main gate, Chaudhry said. When Masih’s wife, Razia Bibi opened the door, the officers rushed into the house and searched it.

“They were looking for some proof, but thank God they could not find anything that could even be remotely linked with the incident,” he said.

Chaudhry added that police have not mistreated Masih, but he said the matter has lingered so long that he feared police may involve him in the case, or that “things may go wrong like in most blasphemy cases.”

Report from Compass Direct News
http://www.compassdirect.org

Two Indian Christians Languish in Saudi Prison

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‘Religious police’ raid apartment; no official charges.

LOS ANGELES, March 28 (CDN) — Friends and family of two Indian Christians arrested after a prayer meeting in Saudi Arabia in January have tried in vain to secure their release.

The two Christians were incarcerated for attending the prayer meeting with other Indian nationals and accused of converting Muslims to Christianity, though the government has not produced formal charges, sources said.

Yohan Nese, 31 and Vasantha Sekhar Vara, 28, were arrested on Jan. 21 when mutaween (religious police) raided an apartment where the two had lingered after attending the prayer meeting. Religious police interrogated and beat them to the point that they suffered injuries, according to sources. During this time, religious police who were cursing at them allegedly tore up and trampled on Bibles and Christian material they had confiscated, said a source who spoke to the men.

Authorities asked them how many Christian groups and pastors there are in Saudi Arabia and Riyadh and asked their nationalities. The religious police also put pressure on the two to convert to Islam, according to sources.

The next morning, Jan. 22, authorities took the two Christians to the Religious Court in Riyadh. The court sentenced them to 45 days in prison. At 2 p.m., police filed a case at the local civil police station, according to a source who requested anonymity.

To date the Christian Indians have been in prison for 67 days. Their family and friends say they still have not been able to obtain a document with official charges but know from the prisoners that the charges are religious in nature, according to the source. At the time of their detention, the Christians were not engaging in religious activities.

On Jan. 22, 15 mutaween in civilian clothes came back to the apartment they had raided the previous day, destroyed valuable items and wrote Islamic slogans on the walls with spray paint, the source said.

Nese and Vara’s situation in prison is “horrible,” said the source. The two men are cramped in a prison cell with only enough room to stand.

“There is no place to even sit,” said the source. “Only two hours a day they are sleeping in shifts. When brother Yohan is sleeping, brother Sekhar needs to stand, and when brother Sekhar wants to sleep, brother Yohan needs to stand. They have been doing this for more than a month. I don’t know how many more days they have to continue this.”

Since the arrest, other Christians have been too frightened to meet for prayer.

One week after his arrest, Vara was able to use a phone to call his family and pastor in India. His wife, Sandhya Vara, who is expecting their first child in three months, said she has not heard from him since.

“There were no Muslims in their prayer meeting, but they are accusing them of converting Muslims into Christians,” she told Compass by phone. “We got married eight months ago, but he’s very far from me now and he’s in very much trouble, and I’m six months pregnant.”

She and his pastor in India have communicated numerous times with the Indian embassy but have received no response.

“I have been complaining to the Indian embassy,” she said. “They cannot call me or give me any information. There is no help. So many times I informed them and they cannot give any reply and cannot take any action.”

Vara had worked in Saudi Arabia for more than seven years. Last summer he came to India and got married, returning on Jan. 9 to his post in Riyadh, where he worked as a supervisor for a catering company.

“Vasantha is from my church,” said his pastor in India, Ajay Kumar Jeldi. “He is very God-fearing, good, prayerful, supporting the pastor and working for the youth.”

The morning of his arrest, Vara called Pastor Jeldi and told him he planned to go to the evening prayer meeting in Riyadh. After the meeting, Vara, Nese and four other unidentified Christians lingered at the flat where the gathering had taken place. At around 7:30 p.m. two mutaween in plainclothes and one policeman in uniform raided the apartment.

On the phone with his pastor back in India, Vara said he was in prison for religious reasons and that he had been pressured to convert to Islam, but that he had refused.

“If I have to die for my God, I will die for him here,” he told Pastor Jeldi. “God will help me.”

The pastor said that in his sole conversation with him a week after his detention, Vara requested prayers for his release.

Typically in Saudi Arabia, a foreign worker’s documents remain with the employers who sponsor them in order for them to work in the country. Saudi employers are typically the only ones who can secure their employees’ release on bail.

“Only their sponsors can bring them out,” Pastor Jeldi said. “He has the right to bring him out, and no one else has the right to go and pay the bail or anything. Only the sponsor can have that responsibility.”

Since his arrest, Vara’s employer has handed his passport to local authorities and told them he is no longer responsible for him, according to the anonymous source.

“He doesn’t want him to work in his company anymore,” said the source.

The Saudi “religious police” or Commission to Promote Virtue and Prevent Vice (CPVPV) is a government entity that includes 5,000 field officers and 10,000 employees, along with hundreds of “unofficial” volunteers who take it upon themselves to carry out the CPVPV’s mandate, according to the U.S. Commission on International Religious Freedom.

“Despite the fact that the CPVPV is not allowed to engage in surveillance, detain individuals for more than 24 hours, arrest individuals without police accompaniment, or carry out any kind of punishment, its members have been accused in recent years of killing, beating, whipping, detaining, and otherwise harassing individuals,” the commission stated.

In the raid, authorities confiscated anything of value in the apartment, including two musical keyboards, a guitar, two sound boxes, a sound mixer, four microphones, music stands, power extension boxes, a laptop, mobile phone chargers and a whiteboard. They also confiscated 25 Bibles and other Christian materials, the source said.

The other Indian Christians at the apartment escaped.

The anonymous source said he has informed the Embassy of India in Riyadh of their arrest numerous times.

“I have lost hope in them,” he said, “because the only thing they are always saying is that this is a religious case, so we can’t do anything.”

Pastor Jeldi said he thought someone must have complained about the group of Christian Indians who were meeting regularly, causing authorities to act.

Nearly 7 million foreigners live and work in Saudi Arabia, of which an estimated 1.5 million are Indian nationals.

Human Rights Watch has reported that Saudi Arabia systematically discriminates against migrant workers and has called for the government to “abolish the sponsorship system for migrant workers, in particular the requirement for employer consent to transfer employment and to obtain an exit visa.”

According to the U.S. Department of State’s 2010 Report on International Religious Freedom, with rare exception, expatriate workers fear government interference with their private worship. The reasons for this interference can range from the worship service being too loud, having too many people in attendance or that it occurs too often in the same place, according to the report.

Riyadh was the stage for another raid and mass arrest of Christians in early October 2010. Arab News and other press reported the arrest of 12 Filipino Christians and a French Catholic priest celebrating mass in a private apartment. There were 150 Filipinos in attendance. The employers of the 12 Christian foreign workers secured their release, and the Philippine embassy negotiated their repatriation. The Catholic priest was also released within days.

“Saudi officials do not accept that for members of some religious groups, the practice of religion requires more than an individual or a small group worshipping in private, but includes the need for religious leaders to conduct services in community with others,” stated the State Department’s religious freedom report. “Foreign religious leaders continue to be prohibited from seeking and obtaining visas to enter Saudi Arabia and minister to local religious communities.”

Report from Compass Direct News
http://www.compassdirect.org

Turkey Arrests 20 Allegedly Linked to Malatya Murders

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Suspects in Ergenekon network long sought in homicide case to be questioned.

ISTANBUL, March 18 (CDN) — In simultaneous operations in nine different provinces of Turkey, authorities yesterday arrested 20 people suspected of playing a role in the murder of three Christians in Malatya in 2007, according to local news reports.

Zekeriya Oz, chief prosecutor overseeing the investigation into a clandestine network known as Ergenekon allegedly aimed at destabilizing the government, ordered the arrests based on information that linked the suspects to both the network and to the Malatya murders, Turkish press reported after Istanbul Chief of Police Chief Huseyin Capkin announced the sweep at a press conference yesterday.

“This was an operation related to the Malatya Zirve publishing house murders,” Capkin said, according to online news agency Malatya Guncel. “They were just arrested. This is connected to the Zirve publishing house. That’s the framework.”

Those apprehended include Ruhi Abat, a Muslim theology professor from Malatya Inonu University, Mehmet Ulger, a retired commander of the Malatya Gendarmerie in service at the time of the murders, and other members of the military. Oz will question the suspects in Istanbul, according to reports.

Police also raided the guesthouse of the Izmir Gendarmerie, seizing computers and documents. News sources listed Malatya, Siirt, Mugla, Mersin and Izmir as some of the cities in which authorities conducted raids and arrests.

A plaintiff attorney in the Malatya murder case, Orhan Kemal Cengiz, told Compass that the names on the list of those arrested were suspects he and his colleagues have been trying to convince the Malatya prosecutor to pursue since the court received a tip in May 2008.

“They are all the usual suspects,” Cengiz said. “All their names were mentioned in the first informant letter. Unfortunately, despite all our efforts, we couldn’t find anyone to investigate these allegations.”

The letter was the first of many informant letters the Malatya court has received since it started hearing the case on Nov. 22, 2007. Penned by someone who identified himself by the pseudonym “Ali Arslan” but unsigned, the letter claimed that Ulger incited Emre Gunaydin, one of the suspects, to carry out the murders and that he communicated with Gunaydin through Abat and two gendarmerie officers, reported Turkish English daily Today’s Zaman.

Cengiz said that, though it was the duty of the Malatya prosecutor to pursue leads in the informant letter, the prosecutor deferred the investigation to the military court, which in turn refused to investigate, claiming that the name on the letter was fake and the letter was not signed.

“It was like a joke,” Cengiz said.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya. The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim, were arrested while trying to escape the scene of the crime, as was alleged ringleader Gunaydin.

From the beginning of the court hearings, plaintiff lawyers have brought evidence to the court showing the five young suspects were connected to a wider plot to kill the three Christians as well as other key Christian leaders across Turkey. Known as the Cage Plan, the plot is believed to be part of the alleged Ergenekon “deep state” operation to destabilize the government.

The Cage Plan centers on a compact disc found in 2009 in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Cengiz told Compass that new evidence in the Ergenekon case might have convinced Oz to pursue those detained yesterday, and he called the move “a very big step” in shedding light on the Malatya case. He and colleague Erdal Dogan said their efforts – especially a request they sent to Oz on Jan. 18, 2010 asking him to investigate the allegations that Ergenekon members were behind the Malatya murders – surely helped to move the process along.

“I believe our efforts had a very big influence on this,” Cengiz said. “We submitted a petition and requested this from Oz last year. He is acting with the Malatya prosecutor on this.”

At the request of the Istanbul Chief Prosecutor’s Office, the Istanbul Police Department prepared a report last year revealing links between the Malatya murders and Ergenekon, according to Today’s Zaman. According to the report, Sevgi Erenerol, spokesperson for a bogus ultranationalist association known as the Turkish Orthodox Church, described foreign missionary activity as “spying” and “provoking.”

“A piece of evidence in the report was a conference on missionary activity given by Sevgi Erenerol … at the General Staff’s Strategic Research and Study Center,” reported Today’s Zaman.

Erenerol was arrested in connection with Ergenekon in 2008. Her suspected links with those thought to have masterminded the Zirve murders may have influenced yesterday’s arrests, Today’s Zaman reported.

She is also believed to be one of the key people behind false accusations against two members of Turkey’s Protestant Church, Hakan Tastan and Turan Topal, who were arrested in October 2006 for insulting Turkishness and Islam because they openly shared their faith.

After four years of legal battle, a judge finally acquitted the two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge. The two men are in the process of appealing the fine.

The Turkish Constitution grants all citizens the right to speak about their faith.

Plaintiff attorneys in the Malatya murders case said they believe yesterday’s arrests bring them closer to their requests that the Malatya murders case file be joined to that of the Ergenekon trial.

“From now on, we can predict it is very possible that our case will be sent to Istanbul soon and that these two cases will be merged,” said Cengiz.

The next Malatya hearing is scheduled for April 29.

Report from Compass Direct News
http://www.compassdirect.org