Turkish Court Seeks to Link Murder of Christians to ‘Cage Plan’


Scheme to destabilize pro-Islamic government believed to be part of Ergenekon conspiracy.

ISTANBUL, December 29 (CDN) — Malatya’s Third Criminal Court on Friday (Dec. 25) took further steps to connect the murders of three Christians in southeastern Turkey to a Turkish military plan to destabilize the pro-Islamic government.

Evidence surfaced in Turkish press last month linking the murders of the three Christians in the southeastern city of Malatya with army activities to overthrow the government in a special operation called the “Operation Cage Action Plan.” The Malatya prosecutor and plaintiffs on Friday requested that the Istanbul prosecutor further probe links between the Malatya case and the Cage Plan, which included an elaborate scheme to attack Muslim-majority Turkey’s religious minorities.

They also requested that the Malatya court open to plaintiffs the currently “classified” prosecutor’s investigation into links between the Malatya murders and an alleged operation by the military and other political figures to destabilize the government known as Ergenekon.

Evidence of the Cage Plan, believed to be part of Ergenekon, centers on a compact disc found in April in the house of a retired naval officer; it was decrypted and leaked to the press last month. The plan, to be carried out by 41 named naval officers and dated March 2009, termed as “operations” the murders of the three Christians in Malatya, the 2006 assassination of Catholic priest Andreas Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

“This Cage Plan starts with a reference to the Malatya, Dink and Santoro cases and mentions them as previous ‘operations,’” said one of the plaintiff lawyers, Orhan Kemal Cengiz, adding that a connection of the murders with the Cage Plan would be difficult for any court to ignore.

Hearings for Ergenekon are ongoing in Istanbul. Istanbul prosecutors handling the Ergenekon case sent a response to the Malatya court this month in which they reported they have not been able to find a direct connection with the Malatya murders yet. The Malatya court is waiting for further investigations into possible connections with Ergenekon.

Cengiz said that although investigations are moving slowly, he is pleased with the willingness of the Malatya prosecutor to cooperate and find who is behind the murders.

“I see a good will on the part of the prosecutor,” said Cengiz. “He’s really trying to discover the possible links, and I’m glad to see his effort, and he was helpful and supportive to us. It was important.”

Turkish Christians, Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske were tortured and stabbed to death in Malatya on April 18, 2007 at Zirve Publishing Co., which distributed Bibles and literature in the area.

Suspects Emre Gunaydin, Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who were caught at the crime scene, are still held in prison in Malatya. Two other suspects, journalist Varol Bulent Aral and Huseyin Yelki, a former volunteer at Zirve, are not under arrest, but the court expects them to attend all hearings.

Aral and Yelki are believed to have crucial links with the alleged masterminds of the murder plot.

The next trial is set for Feb. 19, 2010.

Report from Compass Direct News 

Court Seeks Help to Link Murders in Turkey to ‘Deep State’


Reports mount linking top gendarmerie officials to Malatya slaughter.

MALATYA, Turkey, November 17 (CDN) — Judges and prosecutors in the trial regarding the murder of three Christians in this southeastern city in Turkey on Friday (Nov. 13) renewed their request for help from the Istanbul High Criminal Court as reports mounted linking the slayings to top gendarmerie officials.

The Malatya court judges overseeing hearings on the murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske requested that the Istanbul criminal court establish whether the case was linked to the controversial cabal of military, political and other influential figures, Ergenekon, which has allegedly been trying to overthrow the government by upsetting Turkey’s peace.

For the last two and a half years prosecuting lawyers have established the case that Emre Gunaydin, Salih Gurler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who were caught at the murder scene on April 18, 2007, were not acting independently but were incited by Turkey’s “deep state,” an expression of which is Ergenekon. Seven months ago the Malatya court requested from prosecutors on the Ergenekon case at the Istanbul high court to examine whether the two cases were connected. They have not received a reply yet.

The court and various mainstream media have received informant letters with specific names linking the murders to top gendarmerie officials. Last month a Turkish newspaper received a list of payments the gendarmerie made to informants to physically follow and collect information on Christians in Malatya. Phone trees also show calls made from the murderers to two alleged “middle-men,” Huseyin Yelki and Bulent Varol Aral, gendarmerie officials and other nationalist figures in Malatya.

“We are expecting the Istanbul prosecutor to make a careful investigation and give us a response and attest to the connections the court has found,” said prosecuting attorney Erdal Dogan on Friday during a press briefing. “The actions of these men who are on trial were not independent, and from the beginning we believed they were organized by Ergenekon. Our theories have become more concrete, and we are expecting the Istanbul prosecutor to investigate these closely, establish the connections and give us a response.”

Lawyers said that informant letters, testimonies and other evidence have only confirmed their original suspicions. The most striking of these is that the local gendarmerie forces were following activities of Christians in Malatya in the months leading up to the murders and afterwards yet did not stop the young men from stabbing and slashing the three Christians to death.

“If you have been watching a small, tiny group so closely,” said lawyer Orhan Kemal Cengiz, “how could it be possible that you disregard this murder? This is a legitimate question which requires ordinary intelligence.” 

Last month the head of Istanbul police intelligence, Ramazan Akyurek, was demoted amid allegations that he had neglected to investigate three Christian murder cases between 2006 and 2007. When Turkish news reporters asked Dogan whether prosecutors would make a request to investigate whether Akyurek played a greater part in the murders, he said that it was not out of the question.

The five young suspects were apprehended after Zirve Publishing Co. workers went to the publishing house to find out why the three Christian men were not answering their phones. Finding the door of the office locked and getting no answer, they called police. In a report prepared by Akyurek’s department, his staff claimed that the murderers were apprehended thanks to phone tapping – which attorney Dogan said is a lie.

“According to a report, they said that they had been listening to the murderers’ phones and following them, and that that’s how they found and arrested them,” said Dogan. “You know this is a lie. The five men were arrested haphazardly. We know that. We also know that the gendarmerie was in fact listening to their conversations, but there’s something interesting here: On the one hand they are listening to the criminals’ phones, but on the other they couldn’t thwart the crime.”

Prosecuting lawyers said that this makes both Akyurek’s department and the gendarmerie guilty of being accomplices to the crime, and that they should be tried along with the five young men.

“They should stand trial for not thwarting a crime and failing to perform their duties,” said Dogan. “They [gendarmerie and the police intelligence security] should be tried under Article 8 of the penal code as accomplices because they are connected. This is not a question of removing someone from his position. They should stand trial with the men who are now on trial.”

The lawyers expressed frustration at being able to see the bigger picture yet not having enough evidence to proceed, as well as with having to wait on the Istanbul prosecutor for more evidence.

“It is crystal clear,” said attorney Cengiz. “There is a much bigger agenda and much more complex connections. We convinced everyone, but we cannot do this beyond reasonable doubt; we can’t prove it. We are blocked, actually.”

Cengiz explained that as lawyers for the victims’ families, they are not in a position to collect evidence.

“We are heavily dependent on what the prosecutor is doing, and unfortunately they are not able to do much,” he said.

Cengiz said that although the case was complicated and the Malatya judges resisted their arguments at the outset of the hearings, now they agree with the prosecuting lawyers that there is a broader network behind the murders.

“Now they are very clear – they know what happened and what kind of connections there are, etcetera, but they are fighting against a dragon,” said Cengiz. “So they desperately sent this request to the prosecutor in Istanbul, hoping that it will be the Istanbul prosecutor who will create these links rather than them. It should be vice versa because they have all these details, but they are not ready for this confrontation.”

Cengiz explained that while the Malatya court has a better understanding of the case than the Istanbul prosecutors, the advantage of the Istanbul High Criminal Court is that it has the backing of the Justice Ministry and is better positioned to take on the powers that may be behind this and other murders. 

“They can’t take the responsibility because this is just a tiny court in the remote part of Turkey, so how can they confront the reality?” he said.

The next hearing is set for Dec. 25, and prosecutors expect that by then the 13th Istanbul High Criminal Court will have sent an answer about connections of the murders to Ergenekon. They are also expecting the prosecuting judge to demand all five of the young men be charged with “three times life imprisonment,” plus additional years for organizing the crime.

“In our estimation, until now in a bizarre way the accused are acting like they have been given assurances that they will be forgiven and will get off the hook,” Dogan commented on the comfortable demeanor of the five men in court and their denial that others were behind the murders. “In the last months we see a continuation of the attempts to wreak havoc and chaos and overthrow the government. So we think whoever is giving confidence to these guys is affecting them. It is obvious to us that there is a group actively doing this. That means they are still trying to create chaos.”

Last week Ergenekon prosecutors found a hit-list consisting of 10 prominent representatives of minority groups as well as subscribers to Armenian weekly newspaper Agos, whose editor-in-chief was murdered three months before the Christians in Malatya. Cengiz explained that Ergenekon members are obsessed with purging Turkey of non-Muslim elements and non-Turkish minorities, which they see as a threat to the state.  

“They were trying to create chaos in Turkey, and of course they were trying to send a clear message to members of non-Muslim groups that they are not wanted in Turkey,” said Cengiz of the way the three Christians in Malatya were murdered. “They did it in a horrendous, barbaric way. This was also part of the message. Everything was planned but not by them, by other people. They are just puppets.”

Further Evidence of Cabal

This week Turkish news magazine Yeni Aktuel published a five-page article with pictures chronicling the “anti-terrorist” activities of a counter-guerilla team leader identified only by his initials, K.T.

In the article, K.T. described how for years he and his team pursued and killed members of the outlawed Kurdish Worker’s Party (PKK). Anti-guerilla activities in Turkey are paramilitary efforts managed by the “deep state.”

In K.T.’s account, he claimed that during his time in Malatya he met with members of an ultra-nationalist group who talked about murdering Hrant Dink, editor of Agos. Also during that time, members of the group spoke about how those who distributed Bibles in Malatya had to be “punished.”

One of the members of this group was a high school teacher called “O.” The teacher said that he arranged to be out of town before the Malatya murders, because police were following him and he wanted to make sure that they could not connect him to the Malatya murders.

Report from Compass Direct News 

Turkish Police Official Axed amid Allegations in Murders


Head of intelligence allegedly hid evidence, failed to prevent slaying of Christians.

MALATYA, Turkey, October 22 (CDN) — The head of Turkey’s police intelligence department was removed on Friday (Oct. 16) amid allegations that he failed to prevent the murder of the Christian editor of an Armenian weekly and the slayings of three Christians in this city in southeastern Turkey.

Ramazan Akyurek is also accused of withholding evidence in those cases and improperly investigating the murder of a Catholic priest in 2006.

After a Malatya trial hearing on Friday, prosecution lawyers in the case commended the removal of Akyurek for negligence but said it came too late. Akyurek has been placed in a different position within police headquarters in Ankara.

Prior to the January 2007 murder of Hrant Dink, editor of the Armenian weekly Agos, Akyurek allegedly received a report about the orchestrated plan to kill him. That clearly implied that Akyurek was one of the masterminds behind the murder, according to Erdal Dogan, one of the prosecuting attorneys in the Malatya case.

While heading the investigation of the Dink murder, Aykurek reportedly not only witheld intelligence but also tried to affect the outcome of the trial, claiming in his investigation report that a group of “friends” planned to kill Dink because he offended Turkey.

“This is a disaster,” Dogan said. “The same happened with the Malatya massacre. “We know he had information on all the developments of the massacre, but he didn’t act on it. He tried to cover it up. We know that they were following the movements of the killers.”

Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske were bound hand and foot, tortured and then slain with knives at the Zirve Publishing Co. in April 2007. Dogan said that had Zirve staff members not suspected that something was wrong and called police, the five young men who were caught at the scene of the crime most likely would not have been apprehended.

“It’s difficult to know to what extent this character affected the investigations during that time,” Dogan said. “This is why the fact that they took him from his position was important, but they removed him late; they removed him very late.”

Akyurek was head of police in the city of Trabzon in 2006 when Catholic priest Andrea Santoro was killed. It was under his auspices that a young man was arrested and imprisoned for the murders without investigation into who was behind the murder, according to Dogan.

In the same year, Akyurek was promoted to head Turkey’s police intelligence unit.

“Even though Aykurek was incompetent as a police head and covered up crimes, he became the head of intelligence with access to all of Turkey’s intelligence,” Dogan said.

More Evidence Sees Light

Akyurek was fired about a week after Turkish press received leaked documents showing payments the Malatya gendarmerie made in exchange for intelligence on missionary activities between March 2007 and November 2008. The amounts totaled nearly 10,000 Turkish lira (US$6,840).

At Friday’s hearing the Malatya court heard the testimony of Murat Gokturk, a former petty officer in the Malatya intelligence department at the time of the murders. Gokturk had made contact with Huseyin Yelki, a Christian volunteer at Zirve who is one of the suspects in the murders because of his heavy involvement with gendarmerie in the months leading up to and directly after the slayings.

Gokturk testified that he contacted Yelki and requested a New Testament in Arabic so he could learn the language better, as he has an Arabic heritage. He claimed that when he contacted Yelki from his gendarmerie office, he and the intelligence department were not following missionary activities.

“Missionary activities are legal,” said Gokturk. “This is a religious and conscience right. It’s not a crime.”

Prosecuting lawyers asked that the judges record Gokturk’s statement that missionary activities are legal. They later explained that since all other evidence shows that officials did spy on missionaries in Malatya, such a statement showed they were aware that they were doing so in violation of their legal jurisdiction.

“We questioned the witness [Gokturk], but he tried to hide the truth either by saying, ‘I don’t remember,’ or by lying,” said Dogan. “But evidence shows that he and Huseyin Yelki had a very close relationship and information exchange, and it’s obvious that this was not a simple information exchange. They met many, many times.”

The European Union Commission report on Turkey’s progress in 2009 was also published last week. Under the section on democracy and the rule of law, the report noted that high-profile cases such as the Malatya and Dink trials, which are connected to the alleged criminal network Ergenekon, raised concerns about the quality of investigations. The report noted a need “to improve the working relationship between the police and the gendarmerie on the one hand and the judiciary on the other.”

Concerning freedom of religion, the report noted that missionaries are widely perceived as a threat to the integrity of Turkey and Islam. It also pointed out that the Ministry of Justice allowed judicial proceedings under Article 301 of the Criminal Code – which criminalizes “insulting Turkishness” – in the case of Turkish Christians Hakan Tastan and Turan Topal for sharing their faith with others.

This last case has also been linked to the Ergenekon cabal believed to have masterminded the Santoro, Dink and Malatya murders. It has continued for three years with no resolution.

“It’s finally clear that there is a connection between Santoro, Dink and Malatya and everyone is talking that way,” said Dogan, noting how the prosecuting lawyers in the cases as well as the media perceive the link. “It is now obvious that these three crimes came from the same center.”

The Malatya court is still waiting for an answer from the Ergenekon judges about whether the murder of the three Christians will be joined into the the latter case, under which more than 100 former military, political figures, journalists and others have been arrested.

Dogan, however, said that whether the Malatya case is connected with the Ergenekon case is now secondary, and that it is probably better for the Malatya trial to stay separate to determine what really happened.

“It’s enough for me that this picture is clear,” said Dogan of the link between the cases and Ergenekon. “There is no doubt for me. If they connect them or not it doesn’t matter. Because when the court case goes there, Ergenekon is so complicated that the Malatya case could get lost in it.”

The next hearing of the Malatya trial is set for Nov. 13.

Report from Compass Direct News 

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: ‘DEEP STATE’ SUSPECTED OF SILENCING WITNESSES


Two key figures in Malatya murder trial again fail to show despite court orders.

MALATYA, Turkey, July 21 (Compass Direct News) – Under the pretext of recovering from medical treatment he received earlier this month, a key suspect in the murders of three Christians in southeast Turkey dodged court for the second time, further stalling the legal process, prosecuting attorneys said.

Journalist Varol Bulent Aral, one of the suspected “middlemen” who allegedly incited five young men to brutally murder Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske at the Zirve Publishing Co. in Malatya two years ago, again failed to show at a hearing on Friday (July 17).

The three Christians were bound and tortured before they were murdered on April 18, 2007 at the Christian publishing house, where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught trying to escape from the scene of the crime.

Aral was admitted for mental health treatment a few days after the last hearing in June and was released from the Adiyaman penitentiary hospital on July 8. The gendarmerie, however, failed to produce him in court on Friday (July 17) claiming that he was recovering from treatment.

Prosecuting attorneys pointed out that the reason the gendarmerie did not bring him to the June hearing from the penitentiary in Adana, nearly 300 kilometers (186 miles) from Malatya, was due to lack of funds – yet the gendarmerie seemed to have no trouble finding funds to take him for treatment in Adiyaman, which is the same distance from Adana as is Malatya.

“Last time [in June] they said they couldn’t bring him because of insufficient funds,” said prosecuting lawyer Erdal Dogan. “This is unacceptable… now in the same way they make excuses, saying they took him to the hospital. It seems they are mocking us, especially since previous health reports said that he was in good health.”

Prosecuting attorneys also pointed out that it was suspicious that Aral was admitted to the hospital only days after a court order that he appear at the July 17 hearing.

“It seems to us that they are trying to silence him by making him evade court,” said prosecuting attorney Dogan of the “deep state” officials that he and his colleagues believe masterminded the murders of the three Christians. “I truly hope that is not the case.”

Charged with high-security cases, the gendarmerie are holding Aral, but some believe the gendarmerie and its intelligence services are connected with Turkey’s “deep state.”

In the last year, nearly 150 people have been arrested in Turkey under suspicion of being connected to a cabal of retired generals and politicians called Ergenekon, accused of trying to overthrow Turkey’s Islamic-leaning but secular government. Some key figures of the Ergenekon case are believed to be behind the Malatya slayings and the murders of Italian Catholic priest Andrea Santoro, killed in the Black Sea coastal town of Trabzon in February 2006, and Armenian Christian editor Hrant Dink, who was shot in front of the weekly Agos three months before the slaughter in Malatya.

The Malatya and Ergenekon prosecutors, however, are still researching links between the murders and have yet to try them jointly.

Aral has been arrested in conjunction with both cases. In a previous statement, he had complained that retired Gen. Veli Kucuk, who has also been arrested in connection to Ergenekon, had threatened him about testifying. Aral testified to the Ergenekon case state judges privately in May, but the content of his testimony has not been publicized.

Judges have found the phone numbers of ultranationalist lawyer Kemal Kerincsiz and Sevgi Erenerol, spokesperson for the Turkish Orthodox Church – a Turkish nationalist denomination – in Aral’s personal phone book. Both figures are accused of playing leading roles in Ergenekon and spearheaded prosecution of Christians Hakan Tastan and Turan Topal for speaking to people about their faith.

While in prison, alleged ring-leader Gunaydin testified to the state prosecutor that Aral had contacted him and instructed him to carry out the murders. Gunaydin had also testified that Huseyin Yelki, who worked as a volunteer at the Zirve office, had planned details of the crime with him.

Yelki is still obligated to appear at every court hearing and continues to be a suspected middleman. Thus far, however, his testimony has yielded no clear indication of his role.

Burcu Polat, Gunaydin’s girlfriend, also failed to appear in court on Friday, telling police that she was not ready because she is a student in Balikesir, in northwest Turkey. The prosecution noted in court that universities are not in session and requested that the court find her guilty of not fulfilling her duty to appear in court.

The court again has ordered Aral and Polat to appear in court at the next hearing on Aug. 21.

Report from Compass Direct News 

TURKEY: ALLEGED ‘MIDDLEMAN’ IN MALATYA MURDERS A NO-SHOW


State fails to set aside funds to transport key witness to hearing.

MALATYA, Turkey, June 25 (Compass Direct News) – A suspected “middleman” between the alleged masterminds and young executors in the stabbing murders of three Christians here failed to appear at a hearing on Friday (June 19) because of a procedural error.

The state prosecutor’s office failed to set aside funds to transport Varol Bulent Aral to the southeastern city of Malatya from Istanbul, where he is held, the court announced. Aral is the second suspected middleman connecting the five young murderers to “deep state” masterminds who allegedly plotted to kill Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske.

The three Christians were bound and tortured before they were murdered on April 18, 2007 at Zirve Publishing Co., where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught at the scene of the crime.

While in prison, Gunaydin testified to the state prosecutor that Aral, a journalist allegedly attached to a far-reaching political conspiracy known as Ergenekon, had contacted him and instructed him to carry out the murders. Gunaydin had also testified that Huseyin Yelki, who worked as a volunteer at the Zirve office, had planned details of the crime with him.

The court heard Yelki’s testimony in the last two hearings, but judges could not arrive at conclusive evidence connecting him to the murders. At the May hearing, Gunaydin retracted his statement that he and Yelki met to strategize before the murders. An order last month to investigate Yelki’s bank accounts for links to suspicious activity has yielded no new information, judges stated at the last hearing. He is still obligated, however, to attend every court hearing.

At a May hearing, the court also requested a list of people who have visited Gunaydin since the beginning of this year, suspecting that he may be under pressure to retract statements he has made implicating middlemen in the murders. The court is still evaluating the list of visitors it received.

Gunaydin’s girlfriend, Burcu Polat, was also expected to testify on Friday but did not appear. The court ordered Polat to appear at the next hearing and is petitioning the prosecutor’s office to funnel the necessary funds for Aral’s transportation from Istanbul to Malatya.

Erdal Dogan, one of a team of plaintiff lawyers in the Malatya case, told reporters after the short hearing that Aral’s absence resulted from a great oversight on the part of the Justice Ministry.

“They didn’t bring the witness due to a lack of funds,” said Dogan. “That the Justice Ministry knew the court date and didn’t put money aside for the witness to come is a tragic state of affairs.”

When asked whether the case will be joined to the ongoing Ergenekon court hearings, Dogan said the court is still researching possible links between the Malatya murders and those of Armenian Christian and newspaper editor Hrant Dink, who was killed three months before the men in Malatya, and Catholic priest Andrea Santoro, who was slain in the Black Sea coastal town of Trabzon in February 2006.

Link with ‘Insulting Turkishness’ Trial?

In Silivri, the case against Turkish Christian converts Hakan Tastan and Turan Topal for “insulting Turkishness” under controversial Article 301 continues to drag on two years after they were charged – leading the defendants to wonder if the “deep state” is also behind their ordeal.

Tastan and Topal were charged after speaking about their faith. The decision to try them under the disputed article came after three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – stated that Topal and Tastan were conducting missionary activities in an effort to show that Islam is a primitive, 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. Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

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.

On May 28 the court, though yet again reaching no conclusions, ordered five witnesses to appear at the next hearing, set for Oct. 15.

“This is malicious,” Topal told Compass. “Every time they call someone else, find something new to accuse us of. They have called everyone, and this time they’re calling people from the judiciary… claiming that we met with them. It just keeps going on.”

Three of the five lawyers ordered to appear at the next hearing are workers in the country’s judicial system.

“If they would just make up their mind and at least pronounce us guilty, we would have a chance to take the case to the European Court of Human Rights, but now there’s just uncertainty,” said Topal.

He said he and Tastan are convinced that their trial is a set-up from Turkey’s “deep state” and is connected to the murders of the Christians in Malatya.

“In my mind, our court case and these murders were orchestrated,” Tastan said.

He described how, after they came out of a hearing held the day the three Christians were murdered in Malatya, members of the press and others gathered outside the courthouse in Silivri.

“Among the crowd, people yelled out to us, ‘We will cut you up too. We will kill you too,’” he said. “So when did they gather these people? When did they come? When did they learn of the event to know to yell at us if there wasn’t a connection between the two cases?”

Two key figures pressing the Article 301 charges and promoting sensational media coverage of the Silivri trial 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 to overthrow the government.

“I think that it was the same people who orchestrated this,” said Tastan, referring to Ergenekon.

Report from Compass Direct News

TURKEY: EFFORTS TO TIE MALATYA MURDERS TO ‘DEEP STATE’ FIZZLE


Alleged ring-leader retracts testimony implicating suspected link to ‘masterminds.’

MALATYA, Turkey, May 28 (Compass Direct News) – Prosecution efforts to tie the murderers of three Christians here to state-linked masterminds were set back on Friday (May 22) when the alleged ring-leader unexpectedly contradicted his previous testimony implicating a suspected “middleman.”

As the suspected middleman between the murderers and “deep state” elements, Huseyin Yelki, was testifying at Friday’s hearing, Emre Gunaydin – whose previous private testimony led to Yelki’s arrest – stood up and said, “Huseyin Yelki is not guilty, he’s being held in prison for no reason.”

The prosecuting team and judges at the Malatya Third Criminal Court froze at the statement, and then demanded to know why he had previously implicated Yelki. Gunaydin said he did so because Yelki was a Christian missionary.

Gunaydin has also implicated Varol Bulent Aral, a journalist allegedly attached to a far-reaching political conspiracy known as Ergenekon. Aral is the second suspected middleman.

For his part, Yelki testified during the court hearing that he had met Gunaydin only once prior to the murders. According to Gunaydin’s previous testimony, Yelki’s brother facilitated various meetings between Gunaydin and Yelki in which they planned the knife attack on the three Christians at a Christian publishing house. During a private hearing this past winter, a judge showed Gunaydin photos of different people, and he immediately identified Yelki’s brother.

Gunaydin’s retraction raised suspicion among the judges that in recent months he has received visits in prison from those behind the murders who have pressured him to change his statement.

“Tell me the truth, have you spoken to anyone?” the judge barked at him.

“I swear to God, I have not!” said Gunaydin.

The judges requested a list of everyone who has visited Gunaydin and the other four suspects – Salih Gurler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim – while they’ve been in prison over the last two years. Further questioning of Yelki failed to yield clear and incriminating answers, and the judges released him.

Lead prosecuting lawyer Orhan Kemal Cengiz told Compass that records of the jail visits to Gunaydin may be inconclusive.

“These visits might be off the record [unofficial], we don’t know,” Cengiz said. “But we have a tiny hope that we may catch something through these records.”

Yelki, a former volunteer at Zirve Publishing Co., was taken into custody in February on suspicion that he had incited the five young suspects to kill the three Christians, Turkish Necati Aydin and Ugur Yuksel, and German Tilmann Geske, in April 2007.

Cengiz called Yelki’s testimony a “disaster.” Even though it is apparent to the court that Yelki has had many contacts with gendarmerie intelligence, Cengiz said, he was not able to explain the nature of his calls, claiming that he wanted to speak to them about the Bible.

“We are very suspicious about him,” Cengiz said. “Everyone is suspicious.”

As a result of the last hearing, the court also asked for a record of all of Yelki’s bank statements over the past few years to see if they point to ties with gendarmerie or other suspicious activities.

“To us it is obvious that Yelki is one of the links that connects these youngsters to upper levels,” said Cengiz. “But he refused to cooperate, and in my view it is also obvious that Emre was pressured to change his statement, because in his earlier statement that he gave the prosecutor, he accused Yelki of instigating them to commit this crime. But he changed after that.”

Cengiz said that Yelki made other misrepresentations, such as his claim in court to have stayed in bed for two months recovering from leg surgery, when telephone records showed he hopped between different southeastern Turkish cities during that time.

“It was obvious that he was telling a lot of lies, because he said that after the release from the hospital he rested for two months,” said Cengiz, “but according to his telephone he was traveling and very intensively, actually.”

Missionaries as Criminals

An undercover gendarme who works in drug and gun enforcement, Mehmet Çolak, also took the stand on Friday (May 22). Phone records show that he may have been one of the communication links between alleged masterminds and others, and his name was mentioned in an informant letter sent to the court.

His testimony, however, yielded no information helpful to prosecutors. When defense lawyers asked him which bureau of the gendarmerie follows missionary activities in Turkey, Çolak replied, “Counter-terrorism.” The response typified the defense argument that the Christian victims brought the murder upon themselves by undertaking missionary activity.

In their concluding statements, defense lawyers requested that the court conduct a thorough investigation involving police, the army and gendarmerie to establish whether missionary activities are a crime. The judges rejected their request.

Prosecuting lawyers said that the lawyers have been trying to vilify missionary activities from the beginning of the case in an attempt to gain a lighter sentence for the five young men and also to make a nationalist political point.

“It is a very poor tactic,” said Cengiz. “At the final hearing, they would like to make a defense that states, ‘This attack was provoked … You see these people [missionaries] are trying to divide our country.’ They want to say that this is an unjust provocation, and as a result these youngsters were very angry and lost their temper. But this is rubbish.”

Ergenekon Trial

Hearings and investigations of Ergenekon, a clandestine nationalist group believed to have sought to overthrow the government by engineering domestic chaos, continue apart from the Malatya trial.

Two suspects arrested in relation to the case, Aral and Veli Kucuk, a retired general, have also been implicated in the Malatya murders. They were both questioned by Ergenekon prosecutors and judges earlier this month.

Nearly 140 people have been arrested in connection to the case. Prime Minister Recep Tayyip Erdogan has been criticized for allegedly allowing indiscriminate arrests of people who oppose his political line and who are not connected to the “deep state” cabal.

Kemal Kerinçsiz, a Turkish lawyer famous for filing court cases and complaints against dozens of Turkish journalists and authors for “insulting Turkishness,” has also been arrested in relation to Ergenekon. Kerinçsiz is responsible for the cases opened against Turkish Christians Hakan Tastan and Turan Topal, who have been on trial for two years for “insulting Turkishness” because they spoke openly about their faith.

In the next Malatya court hearing scheduled for June 19, judges expect to hear the testimony of Aral and others who have been implicated.

Frustrations

Although it was expected that the Malatya hearings would become part of the Ergenekon trials, Cengiz said that chances are slim if the thin evidence thus far does not become more substantial.

Yelki’s release, he said, showed that although his testimony tainted his credibility, there was not enough evidence that he is connected to the case.

“My conclusion is that we’re going nowhere,” said a tired Cengiz, “because the powers behind the scenes were very successful in organizing everything. They organized everything, and we’re going nowhere.”

In order for the Malatya and Ergenekon hearings to merge, Cengiz said, the court will need something more solid than implicated names.

“We don’t have something concrete,” said Cengiz. “All these names are in the air … all connections show gendarmerie intelligence, but there is no concrete evidence yet, and apparently there will be none. The trouble is that it’s very frustrating – we know the story but we cannot prove it.”

Report from Compass Direct News

TURKEY: LINKS TO MASTERMINDS OF MURDERS IN MALATYA PURSUED


Lawyers aim to uncover size, structure of ‘deep-state’ conspiracy.

ISTANBUL, February 24 (Compass Direct News) – The identities of the middlemen linking the attackers and the alleged masterminds in the murder of three Christians in Malatya, Turkey are expected to take clearer focus following the latest hearing.

“These five troubled youths didn’t wake up one morning and decide to commit a murder – there were others directing them,” Ozkan Yucel, plaintiff attorney representing the families of the victims, told the Turkish press last week, before Friday’s (Feb. 20) hearing at the Malatya Third Criminal Court in southeastern Turkey.

Two Turkish Christians, Necati Aydin and Ugur Yuksel, and a German, Tilmann Geske, were tied up and stabbed to death at Zirve Publishing Co. offices on April 18, 2007. The last several hearings of the trial have supported suspicions that others were involved in the murder besides the five youths suspected of carrying out the attack. More difficult, however, is determining the scope of the murders and the organization of its conspirators.

Plaintiff attorneys have called in a heavy slate of witnesses for the next hearing, ranging from a gendarmerie commander to an Islamic theology instructor at a nearby university. Mehmet Ulger, the former gendarmerie commander of the province, and Ruhi Abat, a theology instructor at the local Inonu University, are among the 10 people expected to testify at the April 13 hearing.

According to the Radikal daily newspaper, an anonymous letter sent to Turkish churches and obtained by the media claimed Ulger acted as an instigator to the murders and directed Abat to prepare arguments against missionary activity. The letter also implicates local politician Ruhi Polat, a member of the ultra-nationalist National People’s Party and a friend of the father of alleged ringleader Emre Gunaydin.

Plaintiff attorney Hafize Cobanoglu told Compass the anonymous letter played a part in the selection of Abat and Polat as witnesses.

“In this sense, paying heed to all these people is important,” she said. “However, I don’t believe they will say much when they testify.”

The call for new witnesses came two weeks after the arrest of two men suspected of acting as liaisons between the five suspects and the alleged “deep-state” masterminds of the attack.

Varol Bulent Aral, a journalist attached to a far-reaching political conspiracy known as Ergenekon, and Huseyin Yelki, a church-going, former volunteer at Zirve, were taken into custody earlier this month.

Aral, 32, has attempted to deflect blame for instigating the youths to commit the murders. He recently told a public prosecutor that the true force behind the killings was a gendarmerie intelligence unit established in the ’80s to counter Kurdish sectarian violence in the country’s southeast.

He claimed to have been approached by a member of the intelligence unit who sought his assistance. Aral said the member told him the unit would focus on three issues: missionary activity, Alevi-Sunni relations, and the Turkish-Kurd issue.

Aral claimed to have seen Gunaydin become involved with this unit, according to the daily Milliyet.

Recent court hearings, however, have produced substantial evidence that the true masterminds of the murder were members of Ergenekon, a clandestine nationalist group that sought to overthrow the current government by engineering domestic chaos.

Yelki, 34, has lived in the southern city of Adana for the nearly two years since the murder. He has had a rocky history with the leadership of Turkey’s small Protestant church, which he accused of abandoning him during difficult financial times in a series of defamatory e-mails.

He volunteered for six months at Zirve, site of the brutal torture and murder of the three Christians.

Gunaydin, the suspected ringleader of the youths accused of murder – including Salih Gurler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim – has claimed in previous hearings that he was offered promises of state support for killing the Christians.

In the course of Friday’s brief hearing, Ugur Yuksel’s mother, Hatice Yuksel, stood up and loudly asserted that Gunaydin had threatened her. She did not specify the nature of these threats, and court officials told her to be silent.

The next hearing for the trial is scheduled for April 13, four days before the second anniversary of the murders. Many attorneys believe the case will be fully integrated with the Ergenekon case in the upcoming months.

Report from Compass Direct News

TURKEY: MALATYA MURDERS LINKED TO POLITICAL CONSPIRACY


Crime scene video sobers courtroom; accused killers either grin or grow sick.

MALATYA, Turkey, August 22 (Compass Direct News) – The five young Turkish men accused of torturing and killing three Christians in Malatya last year may have been incited by members of a vast political conspiracy allegedly responsible for multiple murders in recent years.

The 10th hearing on the murder of three Christians at a publishing house in southeast Turkey 16 months ago took place yesterday (Aug. 21) at the Malatya Third Criminal Court. Plaintiff attorneys requested the case be integrated with an investigation into Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy in various murders.

In January police uncovered and started arresting members of Ergenekon. A criminal investigation has linked them to high-profile attacks, murders and plans to engineer domestic chaos and ultimately overthrow the government.

Two Turkish Christians, Necati Aydin and Ugur Yuksel, and a German, Tilmann Geske, were brutally tortured and killed on April 18, 2007 in the southeastern Turkish city of Malatya.

Evidence suggests Emre Gunaydin, the suspected ringleader of the murderers, was in contact with at least two people connected to Ergenekon: a retired brigadier general and a journalist. The latter, Varol Bulent Aral, told Gunaydin he saw a connection between missionaries and the Kurdistan Worker’s Party (PKK) terrorist organization.

At yesterday’s hearing, presiding Judge Eray Gurtekin asked Gunaydin if he knew a former general and a political leader indicted in Ergenekon.

Gurtekin showed Gunaydin a note he had written last year while recovering in hospital from injuries he sustained after jumping out a third-story window while trying to escape police after the murder. His note said, “Don’t tell Levent.”

When the judge asked who this was, Gunaydin replied that he didn’t remember. Pressing further, Gurtekin asked him if he knew Levent Ersoz, a retired brigadier general indicted in the alleged Ergenekon conspiracy, or Levent Temiz, former head of the ultranationalist Ulku Ocaklari youth organization.

Gunaydin said he didn’t know the two men. Metin Dogan, a witness at the last hearing, said he and Gunaydin were involved in Ulku Ocaklari together. Gunaydin has denied knowing Dogan or having any involvement in the group.

Neither the widows of Aydin and Geske nor parents of Yuksel attended yesterday’s hearing. The martyred Christians left behind five children and Yuksel’s fiancée.

On the morning of the trial, Zaman national daily reported on further connections between the Malatya killings and Ergenekon. Gunaydin had been in contact with local journalist Aral, who had connections with Ergenekon and was called as a witness for the July 4 hearing.

Aral was arrested in another Turkish city while in possession of a Kalashnikov assault rifle. A week before the three Christians were killed in 2007, Gunaydin visited Aral in prison.

In January Malatya police found Aral’s diary, containing contact information for ultranationalist lawyer Kemal Kerincsiz, who was indicted in the Ergenekon affair. Previously Kerincsiz had pressed charges against two Turkish Christians for “insulting Islam” and charged Armenian journalist Hrant Dink with insulting Turkishness. Dink was assassinated in January 2007.

Gunaydin said in a statement that Aral told him that there was a connection between the PKK and foreign missionaries. The goal of Christian missionary work in Turkey, Aral said, was to destroy the motherland.

“I asked him if someone shouldn’t stop this,” Gunaydin said. “He told me to get up and stop this. When I asked him how this will be done, he said, ‘We will provide state support.’”

 

Graphic Footage

Possible evidence of such state support for the murders was shown at the most recent hearing, when plaintiff lawyers showed police video footage of the crime scene taken hours after the murder on April 18.

The footage suggests someone tampered with evidence at the crime scene. According to the video, a handgun found at the crime scene was too large to fit into its gun box, indicating weapons had been swapped.

“This shows there is someone protecting these suspects,” said plaintiff attorney Murat Dincer. “If someone in the investigation changed the guns, then there is another force behind the scenes.”

Police could be overheard in the audio track arguing whether the guns were the same or not. Dincer requested this footage be replayed so the court could hear the police having the argument. The court has requested an expert witness to testify about the guns for the next hearing.

The court has not allowed release of any copies of this footage, and even attorneys were allowed to watch it only under supervision.

The hearing produced emotional moments for the victims’ acquaintances. Close-up shots of the victims showed their bodies mutilated and lying in pools of their own blood.

While some in the court teared up at the close-ups of the victims, suspects Gunaydin and Salih Gurler were seen grinning at times during the display of the footage.

Some of the five suspects looked away from the video during the gruesome scenes. The judge then ordered them to keep watching: “It’s because of you we are watching this. Look at it.”

Defendant Abuzer Yildirim turned around and told the judge he could not continue to watch because his stomach couldn’t handle it.

 

Absent Witnesses

Only one of eight witnesses summoned to testify attended yesterday’s hearing. Huseyin Yelki, 34, testified he was working part-time at Zirve’s Malatya office when Gunaydin and two other men visited there, about a month or six weeks before the murders, he recalled.

Gunaydin introduced himself, saying he wanted to meet Necati Aydin. But when Yelki telephoned Aydin and learned he would be coming to the office an hour later, the three men left. Yelki, who walks with a cane, said he never saw them again and could not remember their faces.

According to the murder suspects’ testimonies, Gunaydin had told them that it would be easy to get information from a man with a lame leg who worked at the Zirve office.

Despite previous court orders for police to track down and force three of the witnesses to appear, the court was informed that no current addresses had been located for any of the seven absent witnesses.

 

Ergenekon Connection

The court has requested the file on the Ergenekon investigation.

After the hearing, attorney Ozkan Yucel said the plaintiff team has requested the entire indictment file from the Ergenekon case in Istanbul on a DVD. The next hearing will be on Sept. 12.

There has been a wave of attacks and threats against Christians across Turkey in recent years, and documents suggest these events are related.

In the first Malatya hearing in November, plaintiff attorneys presented a surprise demand to broaden the prosecution from an isolated case of terrorism to the criminal code statutes against religious “genocide.”

In a January hearing, formal requests to remove 16 files of information about the religious activities of the three Christians and to charge the perpetrators with “religious genocide” were denied.

Confiscated Ergenekon files show the group apparently tracked even the smallest actions of Christians in Turkey. A Jan. 7, 2005 statement made cryptic mention of church members in Izmir, Mersin, and Trabzon: “Those who have recently accepted Christianity show increasing devotion to their own rules,” the file said, according to Radikal national daily on Aug. 14.

Members of those churches have been attacked or killed in following years. In February 2006 a youth shot and killed Father Andrea Santoro in the Santa Maria Church in Trabzon. The same year, a 19-year-old man stabbed Father Adriano Franchini in Izmir.

Although yesterday’s hearing avoided the theatrics of the previous hearing on July 4, when defense attorneys tried to link Malatya’s Christian missionaries with the PKK, there was one hot outburst when a defense attorney asked why there were so many foreigners living in Malatya. The plaintiff attorneys then rose to their feet in protest, declaring the question irrelevant to the case.

Plaintiff lawyer Ozkan Yucel spoke to the Turkish press outside the courthouse after the hearing. He said the plaintiff lawyers wanted the Ergenekon file to find a relationship between the Malatya and Ergenekon investigations and possibly combine them.

“I am of the opinion this will be combined with Ergenekon investigation,” he said. “We may request they be combined at the next hearing.”  

Report from Compass Direct News