Baseless Case Against Turkish Christians Further Prolonged

Justice Ministry receives international inquiry about progress of trial.

SILIVRI, Turkey, February 15 (CDN) — Barely five minutes into the latest hearing of a more than three-year-old case against two Christians accused of “insulting Turkishness and Islam,” the session was over.

The prosecution had failed to produce their three final witnesses to testify against Hakan Tastan and Turan Topal for alleged crimes committed under Article 301 of the Turkish penal code. The same three witnesses had failed to heed a previous court summons to testify at the last hearing, held on Oct. 15, 2009.

This time, at the Jan. 28 hearing, one witness employed in Istanbul’s security police headquarters sent word to inform the court that she was recovering from surgery and unable to attend. Of the other two witnesses, both identified as “armed forces” personnel, one was found to be registered at an address 675 miles away, in the city of Iskenderun, and the other’s whereabouts had not yet been confirmed.

So the court issued instructions for the female witness to be summoned a third time, to testify at the next hearing, set for May 25. The court ordered the witness in Iskenderun to submit his “eyewitness” testimony in writing to the Iskenderun criminal court, to be forwarded to the Silivri court. No further action was taken to summon the third witness.

International Inquiry

Judge Hayrettin Sevim, who has presided over the last five hearings on the case, informed the plaintiff and defense lawyers that recently his court had been requested to supply the Justice Ministry with a copy of relevant documents and details from the case file.

An inquiry outside Turkey about the progress of the case, he said, prompted the request.

Seven different state prosecutors have been assigned to the case since Prosecutor Ahmet Demirhuyuk declared at the fourth hearing in July 2007 that “not a single concrete, credible piece of evidence” had been produced to support the accusations against the Protestant defendants. After Demihuyuk recommended that the charges be dropped and the two Christians acquitted, he was removed from the case.

Originally filed in October 2006, the controversial Article 301 case accused Tastan and Topal, both former Muslims who converted to Christianity, of slandering the Turkish nation and Muslim religion while involved in evangelistic activities in Silivri, an hour’s drive west of Istanbul in northwestern Turkey.

After Turkey enacted cosmetic changes in the wording of Article 301 in May 2008, all cases filed under this law require formal permission from the justice minister himself to go on to trial.

According to the Turkish Justice Ministry, only eight of more than 900 Article 301 cases sent for review since the law’s revision have been approved for prosecution. On Friday (Feb. 12) the Justice Ministry declined in writing a Compass request last month for a list of the eight cases in question.

Despite the lack of any legally credible evidence against Tastan and Topal, the Silivri case is one of those eight cases personally approved by the Justice Minister.

According to a CNNTURK report dated Dec. 8, 2009, U.S. President Barack Obama raised the Article 301 issue with Turkish Prime Minister Recep Tayyip Erdogan during their last face-to-face meeting in Washington, D.C.

“I think those asking about this don’t know what Article 301 is,” Erdogan reportedly said. “Until now it has only happened to eight persons.”

This month the Organization for Security and Cooperation in Europe criticized Turkey’s revision of Article 301, declaring that the government should simply abolish the law.

The Parliamentary Assembly of the Council of Europe (PACE) in Strasbourg also warned earlier this month that Turkey is violating Article 10 of the European Convention on Human Rights to the extent that the European Court of Human Rights may impose sanctions on Turkey over Article 301.

Noting that the Assembly welcomed previous amendments to the law, the most recent PACE report declares it “deplores the fact that Turkey has not abolished Article 301.”

Report from Compass Direct News 

EU Visit to Orissa, India Triggers Barrage of Accusations

Hindu nationalists protest delegation as Christians cite injustices.

NEW DELHI, February 8 (CDN) — A delegation from the European Union concluded a “fruitful” trip to India’s violence-torn Orissa state on Friday (Feb. 5) amid a swirl of protests by Hindu nationalist groups and cries of injustice by Christians.

The delegation was able to hold “open and frank” discussions with Kandhamal officials on the visit, said Gabriele Annis of the Embassy of Italy.

“We had a very good meeting with the Kandhamal district administration,” Annis told reporters. “It is fruitful. We had open and frank discussion. It helped us in understanding the situation and understanding happenings over the past 15 months.”

The delegation was led by Christophe Manet, head of Political Affairs of the European Commission delegation to India and consisted of members from Spain, Hungary, Poland, Ireland, Italy, Netherlands, the United Kingdom, Finland and Sweden. A delegation from five European countries had visited Orissa earlier in November 2009, but the government of Orissa denied them permission to visit Kandhamal district, where Christians say they continue to be threatened and destitute.

Archbishop Raphael Cheenath said on Saturday (Feb. 6) that despite the claims of the state and district administrations, life for the Christian victims of violence in August-September 2008 remains far from normal: thousands still live in makeshift shanties along roadsides and in forests, he said, and local officials and police harass them daily.

“The block officers have been playing with the facts, indulging in corrupt practices and cosmetic exercises whenever political and other dignitaries come to visit or inspect,” the archbishop said in a statement. “Innocent people are coerced into giving a false picture. The chief minister must investigate the role and functioning of the entire district administration . . . It is strange that officers in whose presence the violence took place and thousands of houses were burnt are still in office and are declaring that there is peace in the district.”

Following attacks in the area after Hindu extremists stirred up mobs by falsely accusing Christians of killing Hindu leader Swami Laxmanananda Saraswati on Aug. 23, 2008, more than 10,000 families were displaced from their homes by the violence. Since then, Cheenath said, an estimated 1,200 families have left the area. Between 200 and 300 families reside in private displacement camps in the district, and more than 4,400 families still live in tents, makeshift shelters or the remnants of their damaged houses, he said.

The number of attack victims who have received financial assistance from the government, churches or Non-Governmental Organizations (NGOs) is unknown, but is estimated at 1,100 families, Cheenath added.

He criticized Prime Minister Manmohan Singh and the Chief Minister of Orissa Naveen Patnaik saying, “Both of them had promised to provide adequate compensation for the damages caused during the 2008 communal violence. But the victims have not been adequately compensated.”

Cheenath said the state government had decided not to compensate any riot-affected religious institutions even though India’s Supreme Court had directed the government to compensate them for all damages.

“This is a national calamity and demands a special package for the affected people, which should include land, income generation, education and healthcare,” the archbishop said.

Extremist Makeover

Prior to the visit, Christian leaders expressed their shock at Kandhamal district authorities attempting a cosmetic makeover by evacuating nearly 100 Christians from G. Udayagiri.

In letters to the EU delegation, the state government and national human rights and minorities commissions, Dr. John Dayal of the All India Christian Council narrated the plight of the 91 members of 21 families from 11 villages who were living under plastic sheets along a road in the marketplace area of G. Udayagiri.

Dayal said the group included 11 married women, three widows, an elderly man with a fractured hip and thigh, and two infants born in the camp. They had faced almost daily threats, he said, as they had not been allowed to return to their villages unless they renounced their faith and became Hindus.

Soon after the decision to allow the EU delegation, the water supply to the makeshift site was cut off and police and civil officers drove away the residents, who had only plastic sheets to protect them from the cold, he said. The refugees said officers later gave them permission to come back at night but to keep the area clear.

“The families are in G. Udayagiri, they have moved in front of the road, and they are in a very bad state,” the Rev. Samant Nayak of G. Udayagiri told Compass. “They are literally on the road.”

He said that approximately 55 families were living in G. Udayagiri, where they had been given land, and a Christian NGO was helping to construct houses for them.

The Press Trust of India reported that Orissa officials were nervous about last week’s delegation visiting Kandhamal but finally gave permission under pressure from the central government. State officials finally allowed the visit with the pre-condition that the delegation would be allowed only to interact with people and not engage in fact-finding, according to a senior official in Orissa’s home department.

The Kandhamal district collector, Krishna Kumar, told Compass that all went well and “no untoward incidents took place,” but sources reported at least one minor disturbance in Bodimunda village. On Wednesday (Feb. 3), one house was reportedly damaged there in a scuffle that also resulted in two arrests by the local police.

During their Kandhamal visit, the EU delegation was reportedly forced to cancel a meeting with judges of Fast Track courts established in Phulbani, in Kandhamal district, to prosecute hundreds of those accused in the 2008 violence, due to protests from the local lawyers’ association.

Kumar, however, pointed out that the lawyers’ protest was secondary to the lack of clearance from the High court for the meeting with the judges. “The same was not informed to us prior to the visit,” he added.

Justice Denied

The anti-Christian violence in August-September 2008 killed over 100 people and burned 4,640 houses, 252 churches and 13 educational institutions. Archbishop Cheenath said justice is critical to long term peace.

“The two Fast Track courts, and the court premises, have seen a travesty of justice,” he said in the Feb. 6 statement. “Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial. The court premises are full of top activists of fundamentalist organizations. The witnesses are also threatened in their homes with elimination, and even their distant relatives are being coerced specially in the murder and arson cases against Member of Legislative Assembly [MLA] Manoj Pradhan.”

Though some witnesses have testified on Pradhan’s alleged involvement in crimes in depositions, he has been acquitted in case after case, the archbishop added.

“We are demanding a special investigation team to investigate every case of murder and arson,” he said. “Similarly, there is also need for transferring the cases against politically powerful persons such as Pradhan to outside Kandhamal, preferably to Cuttack or Bhubaneswar.”

Cheenath said victims have filed 3,232 complaints at Kandhamal police stations, but officers registered only 832 cases. As many as 341 cases were in the G. Udayagiri area alone, 98 in Tikabali and 90 in Raikia, he said.

“Even out of this small number [in G. Udayagiri], only 123 cases were transferred to the two Fast Track courts,” he said. “So far, 71 cases have been tried in the two courts, and 63 cases have been disposed of. Of these, conviction occurred only in 25 cases, and even that is partial as most of the accused have not been arrested or brought to trial.”

Only 89 persons have been convicted so far in Orissa state, while 251 have been acquitted, supposedly for lack of witnesses against them, he said.

“Among them is Manoj Pradhan,” Cheenath said. “It is strange that in the case of 10 deaths by murder, nine cases have been closed without anybody being convicted, while there has been partial conviction in the case of one death. Who will bring justice in the case of the nine murder cases?”

The archbishop demanded that independent lawyers be allowed to assist overworked special public prosecutors.

Hindu Nationalist Protests

Protesting the delegation visit was the Vishwa Hindu Parishad (VHP) and other Hindu nationalist organizations. VHP State General Secretary Gouri Prasad Brahma had lamented on Jan. 31 that the visit would trigger tension and demanded their immediate withdrawal.

“There is no business of the outsiders in the internal matter of the state,” he said.

The delegation also faced the ire of the Hindu extremist Bajrang Dal on the day of its arrival in Bhubaneswar, capital of Orissa, on Tuesday (Feb. 2). Hundreds of its cadres met the delegation at the airport shouting loudly, “EU team, go back.”

Five Bajrang Dal members were detained for creating trouble, Deputy Commissioner of Police H.K. Lal told media on Wednesday (Feb. 3).

After the delegation had left, the Orissa Bharatiya Janata Party (BJP) heavily criticized the central and the state governments, with BJP state President, Jual Oram telling a press conference that the state had allowed the visit to “divide people on communal lines.” He said that the delegation had not met any Hindu leader during their visit to Kandhamal, which “exposed their communal agenda.”

Oram accused the delegation of violating protocol in trying to meet the judges of fast-track courts in Kandhamal, saying this “amounted to interference into internal affairs of a sovereign independent member state under the U.N.”

At the same press conference, BJP MLA Karendra Majhi said that allowing the visit was an attempt by the chief minister to win back the confidence of minority Christians. He alleged that the delegation had held secret meetings in a Catholic church at Phulbani with church leaders and select NGOs to facilitate conversions to Christianity.

“I have every reason to believe that the promised assistance of 15 million euros to Kandhamal by the EU delegation will be utilized for conversion activities,” Majhi said.

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


Case against two converts drags on; media already passed sentenced on Christianity.

ISTANBUL, November 12 (Compass Direct News) – Two years into a trial for “insulting Turkishness” that has been light on evidence and heavy on mud-slinging at Turkey’s Protestant community, a court proceeding last week brought no progress.

Another witness for the prosecution failed to appear in the trial of Turkish Christians Turan Topal and Hakan Tastan, charged with “insulting Turkishness” and spreading Christianity through illegal methods. Moreover, a Justice Ministry answer to the court about the viability of charges under Turkey’s controversial Article 301 had yet to arrive at the court last week.

In the last hearing in June, Silivri Criminal Court Judge Mehmet Ali Ozcan ordered a review of the two Christian converts’ alleged violations of the controversial article of the Turkish penal code on “insulting Turkishness.” But the court is still waiting for the Justice Ministry to decide whether they can be tried under Article 301 of the penal code.

The judge set the next hearing for Feb. 24, 2009 while the court awaits a response on whether the Christians can be charged under the controversial article.

Topal and Tastan are still charged with reviling Islam (Article 216) and compiling information files on private citizens (Article 135).

In what critics called “cosmetic” revisions of Article 301, the Turkish government amended it in May to require Justice Ministry permission to file such cases. Put into effect on May 8, the changes also redefined the vague offense of “insulting Turkishness” to read “insulting the Turkish nation.”

While the court awaited a decision on Article 301, in the hearing on Nov. 4 it did free the defendants from forced attendance at future hearings. This, according to defense lawyer Haydar Polat, was the only progress made by the court; he added that a witness or evidence would have been better. For lack of these, he said, the prosecution has needlessly dragged out the case.

“In both cases [against them], the only acceptable progress is the testimony of a witness,” said Polat. “Then again, the fact that the defendants are free from having to attend every trial is in a sense progress too.”


Lame Witnesses

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 some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six named gendarme soldiers to testify as prosecution witnesses in the case, none have stepped forward to testify.

“They will be called in the next hearing as well,” Polat told Compass.

At the June 24 hearing, two teenage witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses have failed to show up on various trial dates, and last week another witness called by prosecution, Fatih Kose, did not appear.

“There is no lack of witnesses, but as far as we are concerned, these characters’ accounts are irrelevant to the truth and full of contradictions,” said Polat. “I mean there is no believable and persuasive argument, nor a coherent witness.”

Last week a police officer from the precinct where Topal and Tastan were allegedly seen doing missionary activities was summoned to court to testify. He told the court that he indeed worked in the precinct but knew nothing about the activities of the two Christians.

Eleven months ago, the appointed prosecutor himself had demanded that the court acquit the two Christians, declaring there was “not a single concrete, credible piece of evidence” to support the accusations against them. This prosecutor was removed from the case, and two months later the judge hearing the case withdrew over prosecution complaints that he was not impartial.

Two key figures pressing the Article 301 charges and promoting sensational media coverage of the Silivri trial proceedings are now jailed themselves, unable to attend the hearings.

Both ultranationalist lawyer Kemal Kerincsiz and spokesperson Sevgi Erenerol of the Turkish Orthodox Church – a Turkish nationalist denomination with no significant following – are accused of playing leading roles in Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy.

Since mid-January, 47 people have been jailed and face trial for involvement in the alleged crime network, said to have orchestrated numerous killings and violence as part of a nationalist plot to overthrow the Turkish government by 2009.

Asked about the chances of closing the case that has made no progress for two years due to lack of evidence against the defendants, Polat said he was hopeful his clients would find justice in the Turkish legal labyrinth.

“As lawyers, we believe that both of our clients will be acquitted,” he said. “Come February we expect that the Justice Ministry will not approve the opening of a public case on the basis of ‘insulting Turkishness.’”


Slandering Christians

The trial of Topal and Tastan has included its share of mud-slinging at Turkish Protestants, estimated at 3,000 to 3,500 people in a country of 70 million, deepening the nation’s prejudices against them.

This legal battle has been less about guilt or innocence and more about tainting the community’s image, according to a member of the legal committee of the Alliance of Protestant Churches in Turkey.

The Christian Turk from the legal committee told Compass that in 2006, when the charges against Topal and Tastan first came to light, there were news reports for days claiming that Christians tricked children in elementary schools, paid people to come to church and gave women away for sex, among other absurd assertions.

“The goal was to create disinformation, and they succeeded at portraying Christians in a negative light,” he said.

The source said that this was the primary goal of ultranationalist lawyer Kerincsiz’s team, which he believes is behind the cases brought against Topal and Tastan as well as the delay in the outcome.

“On the first day of the hearings, when the case opened, I told those around me that nothing would come of this case,” he said.

The legal committee member said media created a psychological war against Turkish Christians. Other members of the Protestant community believe another goal was to deter any evangelism or outreach by Turkish Christians.

“It was to discourage the whole Christian community and quash them and discourage evangelism,” said another source.

The member of the legal committee said he believes that eventually Topal and Tastan will be acquitted. But even if they win the court case, the damage from the publicity war on the church will not be as easy to repair.

“I think everything will stay the same, because the case won’t be reported in the news,” he said. “The issue was not about whether these two were guilty or not. When this first broke out it was in the news for days. When it is over it will barely make it to a newspaper corner, and we won’t be able to give a message for the public because we don’t wield media power. We comfortably carry our quiet voice, and we will until then.”  

Report from Compass Direct News