TURKEY: MURDER DEFENDANT AGAIN ADMITS PERJURY

Prosecutors suspect he’s protecting ‘masterminds’ of slaying of three Christians in Malatya.

ISTANBUL, August 25 (Compass Direct News) – Turkish murder suspect Emre Gunaydin admitted in court last week that he had again committed perjury in the trial over the savage murders of three Christians in southeast Turkey.

Gunaydin, 21, faced off in Malatya’s Third Criminal Court on Friday (Aug. 21) with Varol Bulent Aral, whom he had named as one of the instigators of the attack at Zirve Publishing Co.’s Malatya office in a previous disposition before state prosecutors. Gunaydin, the alleged ringleader of the murderers, told the court that he had lied in a previous disposition before state prosecutors by implicating Aral.

“I named Varol Bulent Aral to reduce the sentence,” Gunaydin said under questioning.

His admission came after Aral testified at length, painting an elaborate scenario of himself as a key player in the “Ergenekon” conspiracy – said to include top level political and security officials, among others – suspected of orchestrating the 2007 Malatya attack with Gunaydin and four other defendants.

“Varol Bulent Aral has no connection with these events,” Gunaydin insisted. “He is explaining things that he has imagined. There was not any threat against me, nor any instigator.”

Gunaydin initially failed to appear at Friday’s hearing where Aral was expected to testify, sending a note to the court that he was feeling unwell. But the judge abruptly announced a short court recess and ordered Gunaydin brought immediately from prison to the courtroom.

At a hearing three months ago, Gunaydin retracted similar allegations he had made against Huseyin Yelki, a former volunteer at the Christian publishing house where Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske were bound hand and foot, tortured and then slain with knives.

Jailed for three months on the basis of Gunaydin’s allegations, Yelki was finally brought to testify at the May 22 hearing.

“Huseyin Yelki is not guilty. He’s in prison for nothing,” Gunaydin told the court after Yelki testified. When questioned why he previously had implicated Yelki, Gunaydin said, “I did it to lessen my punishment. That’s why I said he was a missionary.”

Despite glaring discrepancies in his testimony, Yelki was released for lack of evidence. Aral was also ordered released for insufficient evidence, although he remains jailed in the Adiyaman Prison on unrelated criminal charges.

Plaintiff lawyers have expressed skepticism about Gunaydin’s two retractions, questioning whether he has been pressured to change his testimony in order to shield the actual instigators of the plot. They also remain unconvinced that Aral and Yelki were not collaborators in the attack.

Prosecution Failures

“An investigation does not just consist of claims, it must consist of proofs,” plaintiff lawyer Ali Koc told journalists on the courthouse steps after last week’s hearing. “One of the underlying missing elements of the Zirve Publishing trial in Malatya stems from the failure to pursue the investigation with sufficient objectivity, depth and careful attention.”

The only reason Aral and Yelki were charged in the case, the attorney noted, was because one of the defendants claimed they were accomplices. Koc stressed it was “the duty of the state and the judiciary to uncover those responsible for this event – the instigators, and the climate in which they emerged.”

He also declared that Aral should be investigated for his relations with intelligence officials, which he hoped would expose new evidence.

“If the Malatya case is not joined with the Ergenekon trial, then we’re probably looking at a verdict against the killers within the next three to five court hearings,” plaintiff lawyer Erdal Dogan said. “But I have hope – I hope for merging it with the Ergenekon case, in order to uncover the perpetrators behind the scenes.”

After two failed summons, Burcu Polat also appeared to testify at the Aug. 21 hearing. Now 18, Polat was Gunaydin’s girlfriend at the time of the murders. She stated that she had used two different cell phones in the weeks previous to the murders. Both telephones were registered in the name of her father, Ruhi Polat, a provincial council member of the Nationalist Movement Party previously called to testify at the trial.

The court summoned intelligence officer Murat Gokturk from the Malatya gendarmerie headquarters to appear at the next hearing, set for Oct. 16. Yelki had contacted Gokturk frequently by telephone in the weeks preceding the murders.

Detailed Informant Letter

Two months ago, an informant in the military intelligence division of the Malatya gendarmerie headquarters sent an extremely detailed report to state prosecutors regarding what Turkish media have dubbed the “Malatya massacre.”

The two-page letter fingered former Col. Mehmet Ulger, gendarmerie commander of Malatya province at the time of the murders, as a key instigator within the murder plot.

With precise, documented details, the report outlined Ulger’s targeting of the Malatya Christians and their activities during the weeks surrounding the attack, including a secret briefing for selected officials, unregistered meetings and the tapping of gendarmerie personnel named for specific assignments at various stages.

At the actual day and hour of the killings, the report said, Ulger received a telephone call from his commander while he was in a furniture shop in the city center. Ulger immediately promised to go to the scene, taking two sergeant majors and an official car, and arriving just as the police teams pulled up.

“The event had just happened, and the police teams had not yet gone to the scene, and Mehmet Ulger’s superiors informed him about it,” the report noted.

The letter goes on to describe frequent visits Inonu University professor Ruhi Abat made to Ulger’s office, where the colonel had specifically ordered his subordinates to never record Abat’s visits in the official record book.

Although Ulger and Abat testified on April 13 that they had sponsored a seminar regarding missionary activities for gendarmerie personnel, the informant declared it could be easily proved that such a seminar had never been held.

The informant claimed that 40,000 Turkish lira (US$30,800 at the time) was paid out during 2007 by Malatya’s gendarmerie intelligence staff “solely to direct close surveillance on missionary activities.” Instead of using the funds to help “break apart illegal organizations or recover a lot of drugs,” he said, a large portion of the money was handed over to Abat, he said.

The informant’s letter was sent simultaneously to Malatya Prosecutor Seref Gurkan and State Prosecutor Zekeriya Oz, who heads the Ergenekon investigation in Istanbul.

The anonymous informant claimed he had much more information that he could not pass along safely without revealing his own identity.

“Because I regret that I was involved myself in some of this, I am sending this letter to both prosecutors,” he wrote. “I hope that I am being helpful in solving this dark event.” He enclosed a CD of Ulger’s 2007 briefing as well as a list of the people whose telephones were being tapped.

It is not known how seriously the latest informant’s letter is being taken by the Malatya prosecutors.

“But we are seeing the continuation of a long chain of information coming out,” plaintiff lawyer Orhan Kemal Cengiz commented. “We have at least achieved something in the eyes of the Turkish public, because everyone is now convinced that it was not just these five young men who planned this; there were much larger and more serious forces behind the scenes.”

Report from Compass Direct News 

TURKEY: MALATYA MURDER CASE AIDS PROBE OF ‘DEEP STATE’ CRIMINALS

Video testimony, reenactment of crime scene hints at hearts of killers, martyrs.

ISTANBUL, November 25 (Compass Direct News) – Last week’s court hearing on the bloody murder of three Christians in Turkey’s southeastern city of Malatya paved the way for further investigations into the connection between the five defendants and shadowy elements of the Turkish state linked to criminal activities.

The 13th hearing at Malatya’s Third Criminal Court on Friday (Nov. 21) in the murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske presented little new evidence. No witnesses were called to testify.

The court prosecutor and plaintiff lawyers, however, are pursuing proof that there are links between the murderers and Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy in recent murders.

A separate criminal investigation has linked the cabal to high-profile attacks, murders and plans to engineer domestic chaos and ultimately overthrow the government. Evidence in the Malatya case indicates that a local journalist, Varol Bulent Aral, acted as a bridge between the five murder suspects and Ergenekon.

Plaintiff attorneys also believe that Aral incited the suspected ringleader of the attack, Emre Gunaydin, to murder by convincing him foreign missionaries were connected to the Kurdistan Worker’s Party, a domestic outlawed terrorist organization.

According to a Nov. 14 statement, Gunaydin testified that Aral promised him state immunity for the planned attacks. In court last week, however, he refuted the claim and said he hadn’t met with Aral.

On April 18, 2007 the three Christians were tied up, stabbed and tortured for several hours before their throats were slit in what Turkish media have dubbed “the Malatya massacre” at the Zirve Publishing Co. office in Malatya.

Gunaydin along with Salih Gurler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who have been in jail for the past 19 months, are accused of the murder. They are all between 19 and 21 years old.

Per their request, plaintiff attorneys have received the Ergenekon file from the 13th High Criminal Court of Istanbul and have reviewed it for connections with the Malatya murders. It is now under investigation by the court prosecutors and judges.

“We are talking about a room with five guys and three men,” said Orhan Kemal Cengiz, who leads the team of plaintiff lawyers. “There is no doubt this is first degree murder; a barbaric act. These things will increase their term of punishment to three counts of murder and three life imprisonment terms each, as well as other crimes such as preventing freedom, stealing and others. We don’t have a question about this.”

The question that remains, according to the plaintiff attorneys, is the identity of the real powers behind the bloody attack. Cengiz said he and the court now have no doubt there were greater forces behind the Malatya murders.

“I am 100 percent sure – it is the impression of the prosecutor and no one has doubts – there are sources behind these young men, but we can’t identify them,” Cengiz told Compass.

The plaintiff team hopes to bring up to 21 witnesses to the stand in subsequent hearings in order to make connections between Ergenekon and the Malatya murders clear.

“We believe all of them are somehow connected and have relevant information to this case,” he said.

If the list is accepted, he said the trial may go on for another year. “But if nothing comes out last minute, it may be over in three or four months,” he said.

 

Missionary Activities on Trial, Again

At Friday’s hearing, defense lawyers reiterated their position that the five young men acted in response to missionary efforts, suggesting that such activities were sufficiently nefarious to incite the violent murders.

The prosecution team rebutted the statement, saying that according to constitutional Articles 9 and 24, people have the right to share their faith, and no person or authority can follow and record those activities. They pointed out that the five defendants had been collecting data and planning the murders at least eight months before they carried them out.

Defense lawyers also requested that the prison where the defendants are held conduct a psychological exam of the defendants – especially Gurler – because they were all under stress due to suspected ringleader Gunaydin’s threats.

 

Revisiting Crime Scene

Those present in the courtroom on Friday viewed year-old video footage of defendants Ozdemir, Ceker and Gunaydin each walking through the crime scene shortly after their arrest, describing how they attacked, stabbed and sliced the throats of Aydin, Geske and finally Yuksel.

A sobering silence prevailed in the courtroom as judges, lawyers, local press, Turkish Protestant observers and others watched Ozdemir and later Ceker walk through the Zirve publishing house and re-enact the murders over the dried blood pools of the three martyrs. In their accounts, they implicated Gunaydin and Salih as the main aggressors, although all accuse the others of participating in the murders.

During the video presentation, judges and lawyers noticed suspect Gurler laughing at the witnesses’ testimonies at the crime scene. In the video, Ozdemir and Ceker testified that they had told Gurler and Gunaydin they couldn’t take the violence.

In the video testimony, Ozdemir said he told Gurler while he was stabbing Aydin, the first to be killed, “That’s enough, I can’t do this.” Ozdemir looked down during his video testimony, forlorn and unable to watch.

Gurler later told angry judges that he was laughing because all the witnesses’ statements in the video were false.

“They’re lying against me,” he said.

In his video account of the murder scene, Ceker described how the five young men and the three Zirve staff members talked “a lot” about religion before the suspects attacked Aydin, tying him and lying him on the floor face down.

Gunaydin confronted Aydin about his missionary activities and asked him why he was acting “against Turks” before Gurler sliced his throat, according to Ceker’s original statement.

In Gunaydin’s video testimony, profusely sweating, he described the repeated stabbings of the victims, re-enacting his arm movements and describing how Ozdemir held a gun at the victims, threatening them.

“I didn’t look,” Gunaydin said after describing one of the violent stabbing scenes. “I’m weak about these things … I can’t even cut chicken.”

He described how while Yildirim and Gurler were repeatedly stabbing Geske, the victim lifted his hands up in a gesture of prayer. Gunaydin also described how Yuksel, injured by the stabbing while tied and on the floor, cried out in Turkish, “Mesih, Mesih [Messiah],” between moans before they stuffed a towel in his mouth to silence him.

After the court showed his video testimony, Gunaydin stood up and told the court he had just gotten out of the hospital at that time, and that that account was not how he now remembered the events of April 18, 2007.

In their video testimony, the young men described how the phone and doorbell were ringing while they were torturing the Christians. Before coming out the door with their hands in the air, they showed police interviewing them in the video how they had disposed of their guns and bloodied knives in the Zirve office.

Gunaydin escaped through a window, fell and was severely injured. On Friday plaintiff lawyers requested from the court an investigation into who entered the crime scene while Gunaydin was in the hospital.

When the defendants were asked whether they knew of Aral’s alleged offer of state protection to Gunaydin or a monetary award for the murders, they claimed to have no information.

“I never saw a check in the course of these events, nor did I hear anything about it,” said Gurler. “I only knew that Emre had a bank statement.”

Yildirim also claimed ignorance: “I don’t remember anything about a check. If Emre had one, it would have stayed in his pocket; he wouldn’t have showed it to us.”

When asked about meetings between Gunaydin and Aral, the defendants said they hadn’t witnessed any between the two. They did admit to having spoken to Aral at a sports complex about a different matter, but they knew him as “Mehmet.”

 

Foreign Press, Organizations Negligent

Twelve of the nearly 20 private and human rights lawyers from around Turkey that compose the plaintiff team attended the court hearing last week. Cengiz said the primary purpose of the plaintiff lawyers, who are working pro bono, was to create a legal “common eye” that is watching all related cases such as Ergenekon and the murder of Hrant Dink, editor of Armenian newspaper Agos, who was murdered months before the three Christians in Malatya.

But the plaintiff lawyers pointed out that very few international bodies and foreign press members are actively monitoring the case, even though in their estimation the Malatya murders are directly linked to uncovering deep elements of Turkish corruption.

“This case has tremendous implications for democracy and deep-state elements in Turkey,” said Cengiz, who has received numerous threats since the beginning of the trial and lives under 24-hour protection.

“What we have here is a concrete act of the Ergenekon gang and it’s interesting.”  

Report from Compass Direct News