Christians in Turkey Acquitted of ‘Insulting Turkishness’

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

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

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

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

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

Tastan expressed mixed feelings about the verdicts.

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

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

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

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

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

Still, he expressed qualified happiness.

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

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

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

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

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


Christianity on Trial

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

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

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

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

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

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

Tastan and Topal became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

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

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

Report from Compass Direct News

Recent Incidents of Persecution

Tamil Nadu, India, September 30 (CDN) — Police detained evangelist V.K. Williams and seven other Christians after Hindu extremists disrupted their evangelistic meeting on Sept. 29 in Theni, according to the Global Council of Indian Christians. The extremists filed a complaint against the Christians of “forceful conversion” and pressured police to arrest them, and officers took the eight Christians to the station for questioning. At press time, area Christian leaders were trying to free them.

West Bengal – On Sept. 26 in Purulia, Hindu extremists stopped a worship service and dragged Christians out, saying no more prayer or worship should take place in the village. A source in Kolkata reported that the extremists were threatening to kill the Christians if they did not convert to Hinduism. The Christians reported the matter to the Kenda Police Station. Officers summoned both parties to the police station, but the extremists threatened to kill the Christians if they went.

Karnataka – Hindu extremists belonging to the Bharatiya Janata Party and the Bajrang Dal attacked Gnanodya Church at Yellapura, Karwar district, on Sept. 26. The All India Christian Council reported that the assailants broke into a church worship service after having filed a complaint against Pastor Shiva Ram of “forcible conversions.” In the presence of the police, the attackers started to vandalize the church, pulling down calendars and breaking furniture. Church members said their pastor was targeted because of his social service works. Police took the pastor into custody and jailed him.

Karnataka – Karnataka police on Sept. 26 arrested a Pentecostal pastor, Shivanda Siddi, on false charges of “forceful conversions” in Mundgod. The Global Council of Indian Christians (GCIC) reported that at about 11 a.m. five Hindu extremists from the Bajrang Dal stormed the church building while Christians were praying and began arguing with the pastor. They beat him, stripped him of his clothes and took Bibles from those present. The extremists later telephoned police in Yellapur, about three kilometers away (less than two miles), and an inspector arrived and took the pastor, seven women and two young children to the police station. The extremists continued to threaten the Christians in front of police, who watched in silence. With GCIC intervention, police released the women and children without charges, but Pastor Siddi was charged with “defiling a place of worship with intent to insult the religion of any class.” He was put in Uttar Kananda’s Sirsi prison.

Karnataka – On Sept. 19 in Santhemarnalli, police led by Inspector Madhava Swamy threatened a pastor with harm if he did not stop alleged “forceful conversion” activities. The All India Christian Council reported that police threatened Pastor Mhades of Good Shepherd Community Church after Hindu extremists filed the complaint against him. Police barged into his church, questioned him and told him that they would take action against him if he did not stop trying to convert people. Area Christian leaders claimed that there was no case of forceful conversion, and that Christians were only conducting their regular worship services.

Andhra Pradesh – Police on Sept. 17 arrested a Christian convert from Islam, Sheik Magbool, after Muslim extremists filed a complaint against him of uttering derogatory remarks against the prophet of Islam, Muhammad, in Kurnool. A source reported that Maqbool organized a three-day, open air Christian meeting and distributed some tracts that allegedly contained comparisons between the teachings of Jesus Christ and those of Muhammad. The Muslim extremists accused Maqbool of making derogatory remarks against Muhammad, threatened to kill him and filed a police complaint against him. Area Christian leaders maintained that the tracts did not contain any hateful remarks against Muhammad; they asserted that the Muslim extremists reprinted the tracts after adding some lines insulting to Muhammad in order to fabricate a case against the Christians. Maqbool was put in a jail cell, with the Down Court rejecting his petition for bail on Sept. 21.

Chhattisgarh – On Sept. 15 in Raipur, Hindu extremists misrepresenting themselves as journalists barged into a prayer meeting led by Pastor Kamlakarrao Bokada and accused him of “forceful conversion,” verbally abused him and falsely accused him of dishonoring their idols. They ordered the pastor to video-record the prayer meeting, but he refused. The pastor, who visits Christian homes in the Khorpi area, was ordered not to do so again. Police refused to register a complaint by Christians.

Andhra Pradesh – Hindu extremists in Vizianagaram on Sept. 13 attacked a pastor’s wife, injuring her head, and told the church leader to leave the area, according to the All India Christian Council. The attack came after Pastor Y. Caleb Raj of Good Shepherd Community Church requested that youths playing loud music before the idol of Ganesh near his church not disturb the Sept. 12 worship service. As the pastor was speaking to organizers of the Ganesh event, Hindu extremists gathered and some tried to manhandle him. They told him to close down the church and leave the village. When Pastor Raj was out on ministry work the next day, the same group of Hindu extremists came and struck his wife with a wooden club. Pastor Raj filed a police complaint, but no arrests had been made at press time.

Chhattisgarh – Hindu extremists in Raigarh on Sept. 12 beat evangelist Robinson Roat and ordered him to stop all Christian activities. The Global Council of Indian Christians reported that about 25 extremists barged into the worship meeting in Roat’s home. They told him he would face further harm if he left his house. The Christian did not venture out for two days.

Madhya Pradesh – Hindu extremists in Satna on Sept. 12 accused Pastor V.A. Anthony of “forceful conversion” and of carrying out the funeral of a non-Christian in a local Christian cemetery. Based on the complaint of the Hindu extremists, the inspector general of police summoned Pastor Anthony and a high-level inquiry is pending, reported the Global Council of Indian Christians (GCIC). The son of a local church member had died under mysterious circumstances earlier this year, and the pastor and church members had buried him in the Christian cemetery according to the wishes of his parents and other relatives, according to the GCIC.

Uttar Pradesh – Hindu nationalists from the extremist Rashtriya Swayamsevak Sangh on Sept. 5 beat a pastor in Sarva village in Babina, Jhansi district. The Global Council of Indian Christians (GCIC) reported that three Hindu extremists led by Surendra Yadav and armed with wooden clubs barged into the church building after Sunday classes and beat Pastor Anil Masih on his back and legs, kicked him and verbally abused him. The assault went on for about 30 minutes. The next day, Masih’s father informed Babina police. Masih received hospital treatment for a broken left leg. GCIC sources told Compass that after Masih’s discharge from the hospital on Sept. 10, he filed a complaint against the extremists at the Babina police station on Sept. 13. At press time, no arrests had been made.

Karnataka – Police on Sept. 1 stopped a pastors’ meeting in Mysore, claiming that they were being trained to “convert people,” though conversion and persuading to convert is legal in India. The Global Council of Indian Christians (GCIC) reported that the Mysore Pastors Association organized a two-week pastoral training program with about 50 local church leaders and evangelists in attendance. Police arrived and ordered the organizers to vacate the premises by the next day. Even though such trainings are legally permitted in India, the Christians called off the meeting.

Rajasthan – Hindu extremists attacked two Christian workers, damaged their vehicles and seized evangelistic literature from them on Aug. 26 in Udaipur. The All India Christian Council reported that evangelists Charlie John and V.M. George were distributing gospel tracts when a group of Hindu extremists suddenly came and began objecting. The extremists blocked their vehicle and beat the two Christians, leaving them with serious injuries. Police came to their rescue and suggested they file a complaint against the extremists, but the Christians said they chose to forgive their attackers.

Report from Compass Direct News

Trial over ‘Insulting Turkishness’ Again Yields No Evidence

Justice Minister says Article 301 defendants ‘presumed innocent’ until verdict.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

“They are uselessly dragging this out,” defense lawyer Haydar Polat said moments after Judge Hayrettin Sevim closed the Tuesday (May 25) hearing.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention for the past two years, ever since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals,
politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.  

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Report from Compass Direct News


By Elizabeth Kendal

Religious Liberty Prayer Bulletin

Special to ASSIST News Service

The Margala Hills are all that lie between al-Qaeda-Taliban jihadists and their goal: nuclear-armed Islamabad. While most popular media reports give the impression that this crisis has only recently emerged, this is far from the case. The reality must be absorbed and lessons must be learned.

In 2003, as part of their ‘War on Terror’ alliance, America and Pakistan agreed that the Pakistani Army be given the job of eliminating al-Qaeda and Taliban elements in Pakistan’s Federally Administered Tribal Agencies (FATA) of North West Frontier Province (NWFP). However, a high death toll — including the loss of possibly 3000 soldiers — weakened both Army moral and public resolve, creating domestic political problems for then-president General Musharraf.

In pursuit of political gain, Musharraf brokered ‘land-for-peace’ deals with the al-Qaeda-Taliban alliance. In February 2005 South Waziristan was ceded, followed by North Waziristan in September 2006. With this ‘peace’, the military withdrew and jihadists were released from prison with compensation on a mere pledge not to engage in terrorism. If there were a turning point in the ‘War on Terror’, this unconditional surrender of Waziristan was surely it, for the power of the al-Qaeda-Taliban alliance has grown in both Afghanistan and Pakistan ever since.

The jihadists were never going to be pacified so long as their goal — the total Islamisation and Talibanisation of fortress Afghanistan and nuclear-armed Pakistan — remained unchanged and unrealised. The ‘Islamic Republic of Waziristan’ simply became a terrorist sanctuary and launching pad for further advances. Within months several more tribal areas had fallen under Taliban control. (‘Land-for-peace’ deals with agenda-driven fundamentalist Islamists and jihadists secure incremental Islamist advance, not peace.)

In July 2007 the government’s assault on the Islamists of the Lal Masjid (the Red Mosque in the centre of Islamabad) left some 100 Islamists dead. (The Islamists say thousands died, including children.) Consequently in September 2007 Al-Qaeda declared jihad against the government of Pakistan and the war was on in earnest. This war pits a determined al-Qaeda-Taliban alliance (with numerous high-level sympathisers) against an unstable and equivocating Pakistani government and a conflicted and divided Pakistani Army plagued by Pashtun and Sunni defections.

In the 18 months since, the jihadists have held or captured all the tribal areas. In February 2009 President Asif Ali Zardari brokered a ‘sharia-for-peace’ deal with the Taliban in Malakand Division which comprises one third of NWFP and includes the glorious, albeit Taliban-held, Swat Valley. All of NWFP is now either ceded to the Taliban or under some degree of Taliban control or influence.

Emboldened by its Malakand victory and its advances in strategic Peshawar, the Taliban launched its Spring Offensive with a further escalation. In early April a more united Taliban (see RLP 518, 23 Feb 2009) surged with little resistance south east from Swat (towards Islamabad) into Buner District in a ‘blitzkreig’. From there they quickly infiltrated Haripur District which borders the outskirts of Islamabad and Rawalpindi. According to most Western and Indian analysis and intelligence, Pakistan’s fall is inevitable and imminent, although according to Pakistan, this assessment is ‘ridiculous’.

The Church in Pakistan’s NWFP is already suffering severe repression and persecution under Taliban tyranny. Christians there are living in fear and paying jizya, the’tax’ or protection money demanded of subjugated Jews and Christians in the Quran (Sura 9:29). Their lives are always in the balance. The Church in Islamabad stands on the brink of the same fate. If the al-Qaeda-Taliban alliance manages to capture Islamabad in the months ahead, the world will instantly become a different place, and the Church in Islamabad and across Pakistan will see suffering and persecution unlike anything it has ever known before.

Report from the Christian Telegraph


Witnesses expected to connect murder of three Christians with political conspiracy.

MALATYA, Turkey, January 20 (Compass Direct News) – Lawyers in the case of three Christians who were murdered for their faith here are lining up witnesses in an effort to expand the accused from five young suspects to subversive forces at the top of state power.

Evidence in recent hearings suggests the April 2007 murders in southeast Turkey were instigated by Ergenekon, a loose collection of ultra-nationalist generals, businessmen, mafia and journalists who planned to engineer a coup d’état in Turkey.

At a hearing at Malatya’s Third Criminal Court on Friday (Jan. 16), plaintiff attorneys said they would like to call as a witness Ergun Poyraz, a journalist arrested in 2007 who has been linked to Ergenekon. Prosecuting attorneys said they believe that Poyraz, who has written inflammatory rhetoric against missionaries and accused Turkey’s prime minister of being part of a Zionist conspiracy, was not directly involved in planning the murders but has important knowledge of the players within Ergenekon.

The lawyers said they hope his testimony will help sort out the tangled web of connections and determine the role of Malatya security forces in the attack, particularly that of the chief of police in the district, Ali Osman Kahya.

“In the course of the publishing house murders, Ali Osman Kahya was the head of Malatya security forces, which is no coincidence,” said plaintiff attorney Murat Dincer. He said Kahya had been in similar positions of authority during other political murders.

Other lawyers involved in the case said they are less hopeful, believing Poyraz will only use his testimony as a platform for political grandstanding and propaganda for the political conspiracy.

“I don’t believe he will be helpful,” one legal worker told Compass. “I think he will only put on a show and manipulate the subject.”

Poyraz was arrested in 2007 for having connections to the Association for the Union of Patriotic Forces, a group whose members include military men also indicted in Ergenekon. Turkish media recently revealed that Poyraz had been keeping detailed records on high-level military officials prior to his arrest, according to Today’s Zaman national daily.

The team of plaintiff lawyers has requested Poyraz’s written statements from the Istanbul 13th Criminal Court.

The court in Malatya has sent an informal inquiry to the prosecutor of the 13th High Criminal Court of Istanbul asking if there is a concrete connection between the Ergenekon case and the Malatya murders. If the prosecutor replies positively, the Malatya court will decide whether to integrate the murder trial with the Ergenekon case.

If the cases are not integrated, then the five young suspects will likely be tried for murder in a matter of months, and all will receive life sentences, said Orhan Kemal Cengiz, who leads the team of plaintiff lawyers who represent the interests of the victims’ families.

Lawyers said they believe establishing the guilt of the suspects should be a straightforward process, but Cengiz said that if the case is integrated into Ergenekon, “then it will continue forever.”

No witnesses testified at the Friday hearing. The plaintiff team eventually hopes to bring 21 witnesses to the stand in subsequent hearings.


Impact on Defense

Two Turkish Christians, Necati Aydin and Ugur Yuksel, and a German, Tilmann Geske, were brutally tortured and killed at a publishing house in Malatya on April 18, 2007.

Emre Gunaydin – the suspected ringleader – along with Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who have been in jail for the past 18 months, are accused of the murder. They were all between 19 and 21 years old at the time of the crime.

The Malatya trial judges and defense attorneys are also adjusting their legal proceedings in light of the case’s incipient expansion from a murder case to an investigation into the political conspiracy. Noting that there could have been others involved in the murder, Presiding Judge Eray Gurktekin quoted an article from the Turkish Penal Code that states a punishment can be reduced if the guilty party is found to be solicited for the crime.

“You should think about considering this,” he said to defense lawyers.

The lawyer for Gunaydin said he had reminded his client of this article, and that they wanted to pursue this legal line in the next hearing.

Plaintiff attorneys won a minor legal victory that had eluded them in earlier hearings: The hearings will now be recorded. In previous months Malatya judges refused three plaintiff requests to record the trial hearings.

In February 2008 an Istanbul court allowed the first courtroom taping of a trial hearing at the trial of Hrant Dink, a Turkish-Armenian journalist assassinated in 2007.


Unearthing Plot

Earlier this month, Turkish police uncovered major arms caches by excavating sites connected to Ergenekon members. Security forces believe the weapons indicated the future plans of the group and their violent activates in the past.

Two weeks ago a new wave of detentions revealed evidence that the group was planning to assassinate the prime minister, members of the Supreme Court of Appeals, and Armenian community leaders.

Older Ergenekon documents make mention of church members in Turkey in Izmir, Mersin and Trabzon. Members of those churches were attacked or killed in following years. This month a 19-year-old Muslim in Izmir was sentenced to prison for stabbing a Catholic priest in 2007.

The Ergenekon organization has been blamed for the murder of other high-profile Christians. Ergin Cinmen, the lawyer for the family of Dink, has called for an investigation into the links between Ergenekon, the Malatya massacre and the murders of Dink and Father Andrea Santoro, an Italian priest killed in Trabzon in 2006.

He made these comments in the context of recently discovered plans to attack the Armenian community of Sivas in central Turkey, according to Bianet, an online Turkish news service.

In the last year, police have arrested more than 100 people in the ongoing Ergenekon case, which has been the dominant event in Turkish media for several months.  

Report from Compass Direct News


Journalist allegedly told ringleader officials would not prosecute him for killing Christians.

MALATYA, Turkey, October 21 (Compass Direct News) – Lawyers and judges in the case of three Christians murdered here in April 2007 are continuing to investigate whether the attack was masterminded by troubled youths or shadowy elements of the Turkish state.

Plaintiff attorneys believe the first witness at the hearing on Thursday (Oct. 16), local journalist Varol Bulent Aral, incited the suspected ringleader of the attacks to murder by convincing him foreign missionaries were connected to the Kurdistan Worker’s Party (PKK), a domestic outlawed terrorist organization. The suspected ringleader, Emre Gunaydin, testified that Aral promised him state immunity for the planned attacks.

Two Turkish Christians, Necati Aydin and Ugur Yuksel, and a German, Tilmann Geske, were brutally tortured and killed at a publishing house in this southeastern city on April 18, 2007.

Gunaydin, along with Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who have been in jail for the past 18 months, are accused of the murder. They are all between 19 and 21 years old.

The court subpoenaed Aral for the last four hearings, but he failed to show at each one. The 32-year-old testified at Thursday’s hearing at Malatya Third Criminal Court under police custody since he was arrested on Oct. 2 for carrying a false ID.

Gunaydin said during the hearing that Aral had promised him state protection for the murders.

“He had promised me state support,” he said. “[Aral] should explain this to the court.”

But when the judge asked whether Aral had convinced him to commit the murders, Gunaydin claimed his right to remain silent.

Aral, however, denied promising clemency to Gunaydin for murdering the three Christians. He claimed to only have discussed only the PKK with Gunaydin, not Christian missionary activity.

In Gunaydin’s testimony at an August hearing, however, he described Aral as telling him that he saw a connection between missionaries and the PKK. The goal of Christian missionary work in Turkey, Aral reportedly said, was “to destroy the motherland.”

Recent high-level political events in Turkey, however, show that the plausibility of his alleged promise for state protection to Gunaydin and the other four youths may not be unfounded.

In January police uncovered and started arresting members of Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy in recent murders. The indictment has accused 86 suspects, 70 of which are in custody.

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 Aral acted as a bridge between the five murder suspects and Ergenekon.

In January Malatya police found Aral’s diary, which mentioned multiple people indicted in Ergenekon and contact information for Kemal Kerincsiz, an ultranationalist lawyer who had charged two Turkish Christians for “insulting Islam.” The court case of Hakan Tastan and Turan Topal has been underway for two years.

In his diary Aral mentioned the duty to “protect the state’s honor.” His frequent comments to media have also raised eyebrows, such as his recent statement that, “I can’t stand that patriots like Veli Kucuk are in prison.”

Kucuk is a retired major general arrested in the Ergenekon case. He has been indicted for threatening Hrant Dink, a Turkish-Armenian journalist who was assassinated in January 2007, and is believed to be a key player in the network, according to Turkish national daily Today’s Zaman.

When Judge Eray Gurtekin asked Aral why his diary mentioned these people, Aral claimed he “received information” and wrote their names down to think about them later. He claimed to be merely compiling information in order to write a book about Ergenekon.

The witness was more elusive when he was asked if he knew Orhan Kemal Cengiz, who leads the team of plaintiff lawyers.

Aral merely said he didn’t know Cengiz. But for the last few months Aral has talked to many journalists in the country’s major cities, trying to prove that Cengiz was the leader of a secret resistance group established by the government responsible for the murders of Hrant Dink, Father Andrea Santoro (a Catholic priest who was killed in 2006), and the Malatya murders.

Judge Gurtekin then asked Aral if he had worked as a police informant for either the police or gendarmerie. He answered, “I have many police and military officers among my friends. We drink tea and talk with each other.”


Dark Connections

Plaintiff attorneys have seen some progress in the Malatya trial, which has continued for nearly a year. But they believe it will take time to get to the root of the crime, which they say runs very deep.

“It has become very clear for everyone that there is this very dark, complex, sophisticated web of relations behind the scenes, but we can’t pick them out or prove them beyond reasonable doubt for the time being,” said Cengiz. “We are stuck. Everyone sees that some of the witnesses are not witnesses at all – they are either aiding and abetting or a member of the gang. Some people like Bulent Aral are there to create a cloak of confusion that you can’t get past.”

Aral was arrested last year while in possession of a Kalashnikov assault rifle, which he claims he had confiscated from a 10-year-old, and was arrested while en route to a police station to hand over the gun. A week before the three Christians were killed in 2007, Gunaydin visited Aral in prison.

Plaintiff attorneys said that as defendant Abuzer Yildirim and Aral were leaving the courtroom after the court’s adjournment, they noticed Aral tell Yildirim face-to-face, “Look around carefully. This may be the last time you see these things before you die.”

The plaintiff attorneys said that Aral may not have been threatening him with this statement, but instead warning him about other threats or possible dangers stemming from the case, according to Haberturk news Website.

Following the last testimony, five knives, two guns and blood-stained clothes of the suspects found at the crime scene were shown to the court.

The plaintiff attorneys requested the Ergenekon file from the 13th High Criminal Court of Istanbul on Aug. 12. They have not yet received the file, but hope to find a relationship between the Malatya and Ergenekon investigations and possibly combine them.

The next hearing is scheduled in Malatya for Nov. 21.  

Report from Compass Direct News