Lawyer Calls Turkish Christians’ Trial a ‘Scandal’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Case ‘Demands Acquittal’

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

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

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News 

TURKEY: ANCIENT MONASTERY THREATENED

Muslims’ legal action against 1,600-year-old structure called ‘malicious.’

ISTANBUL, January 22 (Compass Direct News) – Syriac Christians in southeastern Turkey say a land dispute over the historic Mor Gabriel Monastery is part of a larger system of discrimination against the religious minority in this overwhelmingly Islamic country.

Muslim residents of southeastern Turkey dispute the boundary lines of an ancient Christian monastery dating to the fourth century as being unnecessarily large for the needs of a religious community. Islamic village leaders from Yayvantepe, Eglence and Candarli are attempting to confiscate one-third of the monastery’s property, claiming it was wrongfully appropriated and that they need it for their livestock.

Area Muslims also say the land in question is forest and thereby registered as land belonging to the State Treasury.

“Our land is being occupied by the monastery,” said Ismail Erlal, village leader of Yayvantepe, according to Cihan News Agency. “We make use of the forest there and pasture our animals; we won’t give up our rights.”

Among the most contentious issues are the monastery walls built around its perimeter, rebuilt 15 years ago. Village leaders complain in a lawsuit to obtain the land that the monastery has gone beyond its rightful bounds. In August the land survey office of Midyat said it had determined that 270 hectares of the monastery’s 760 hectares were government property, including land inside and outside the monastery’s walls.

A court in Mardin originally scheduled a hearing for Friday (Jan. 16) to determine the legal status of the monastery walls, but it was rescheduled to Feb. 11 to allow the court more time to examine the case. At the February hearing the court will determine if the 270 hectares of land belong to the government or the monastery.

Metropolitan Timotheos Samuel Aktas, leader of the monastery, answered in a report that the monastery has the right to leave its land uncultivated and has paid taxes on the property since 1937.

The state originally charged the monastery with being founded illegally, but it dropped those charges by canceling a hearing originally schedule for Dec. 24. Rudi Sumer, the attorney representing the monastery, said that the claim was groundless since the monastery has foundation status dating back to modern Turkey’s origins, not to mention centuries of existence beforehand.

The mayors of Yayvantepe, Eglence and Candarli also charged the monastery with attempting to proselytize young children (illegal in Turkey) and carrying out “anti-Turkish” activity.

Metropolitan Aktas said in a report that these claims were groundless and of the same provocative nature that has historically sparked violence against Turkey’s Christians.

“All the allegations are frivolous and vexatious, devoid of any logic or evidence, solely aimed with the malicious intent of rousing anti-Christian sentiments by the surrounding Muslim villages,” he said.

 

Europe Watching

Mor Gabriel Monastery, founded in 397, is the most revered monastery for Syrian Orthodox Christians. It is inhabited by 15 nuns and two monks and is the seat of Metropolitan Bishop of Tur Abdin Diocese.

In recent decades the monastery has turned into a religious and social center for the country’s remaining Syriacs by offering schooling to children and teaching their ancient language of Syriac, a variant of the language spoken by Jesus.

“The monastery is everything for us,” said a Syrian Orthodox Christian who grew up in Turkey’s southeast. He added that many families in the area had named their children after Mor Gabriel. “Syriacs would give up everything for the monastery.”

An international outcry from the European Parliament and numerous Assyrian organizations throughout Europe arose in response to the charges, according to the Assyrian International News Agency. A member of the German consulate said his country would monitor the case closely, as Turkey is attempting to join the European Union and its human rights record has come under close scrutiny.

Many Syrian Orthodox Christians have left southeast Turkey in the last 30 years as violence escalated between the military and Kurdish terrorists. In the last five years, however, some Syriacs have begun returning home – only to find their property occupied by others.

Residents who fled Mardin province in the mid-1980s returned to find two of their village’s Syriac churches converted into mosques. And the demographic shift from Syriacs to Kurds has increased pressure on the monastery.

“Turkey must protect its Assyrian community,” said Swedish parliamentarian Yilmaz Kerim to the Hurriyet Daily News. He visited the monastery as part of a delegation in December. “There are only 3,000 left in Midyat.”

The lawsuit has the support of a local parliamentarian who claims Christians relished their opportunity to leave Turkey. Süleyman Çelebi, member of the ruling Justice and Development Party (AKP), said Syrian Orthodox Christians had never come under pressure, despite their claim that they were exploited, and even emigrated away from Turkey “with joy” in previous decades.

The three villages that brought the lawsuit against the monastery overwhelmingly supported the Islamic-rooted AKP in last year’s national elections. Çelebi claims that the official boundaries of the monastery were established in Ottoman times but not properly observed by the Syriac Christians.

According to the 1923 Lausanne Treaty, Turkey grants full protection to churches, synagogues and other religious establishments to freely practice their own religions. But this treaty only designated Greek and Armenian Orthodox Christians and Jews, creating complications for groups such as the Syrian Orthodox and Protestants to open schools and churches.

Syriac Christians claim to be one of the first people to accept Christianity in the Middle East. Their historic homeland stretches through southeastern Turkey, but their numbers have dwindled to 15,000 following decades of government pressure and fallout from war against the Kurdistan Workers’ Party.  

Report from Compass Direct News