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 

Christians Concerned over Acquittals in Orissa, India Violence

Lax investigation, prosecution, lack of witness protection cited as reasons for injustice.

NEW DELHI, September 30 (CDN) — Only 24 people have been convicted a year after anti-Christian mayhem took place in India’s Orissa state, while the number of acquittals has risen to 95, compounding the sense of helplessness and frustration among surviving Christians.

Dr. John Dayal, secretary general of the All India Christian Council, called the trials “a travesty of justice.”

Last month a non-profit group, the Peoples Initiative for Justice and Peace (PIJP), reportedly found that as many as 2,500 complaints were filed with police following the violence in August-September 2008 in the eastern state’s Kandhamal district. The violence killed at least 100 people and burned more than 4,500 houses and over 250 churches and 13 educational institutions. It also rendered 50,000 people, mostly Christian, homeless.

Police, however, registered only 827 complaints and arrested fewer than 700 people, even though 11,000 people were named as attackers in those complaints, according to a PIJP survey.

“The manner of the judicial processes in the Kandhamal fast-track courts is tragic where all too many people have managed to escape conviction for crimes as serious as conspiracy for brutal, premeditated murder and deliberate arson,” Dayal told Compass.

Among those acquitted was Manoj Pradhan, who allegedly led mobs that killed Christians and burned their houses a few months before he became a state legislator from the Hindu nationalist Bharatiya Janata Party (BJP).

Facing charges in five cases of murder and six of arson, Pradhan has been acquitted in three cases.

On Thursday (Sept. 24), the judge of Fast Track Court-II, C.R. Das, acquitted Pradhan and another suspect, Mantu Nayak, on charges of killing Khageswar Digal for refusing to “reconvert” to Hinduism, according to the Press Trust of India (PTI). Digal was a 60-year-old Catholic and resident of Shankarakhol area in Chakapada Block in Kandhamal.

“The court acquitted the BJP MLA [Member of Legislative Assembly] and Nayak due to lack of proper evidence against them,” Special Public Prosecutor Pratap Patra told PTI.

The Rev. Ajay Singh, an activist from the Catholic Archdiocese of Cuttack-Bhubaneswar, said Digal’s son testified in court that he was witness to the killing of his father and knew the killers, and yet the accused were acquitted.

“It was a brutal murder, possibly a case of human sacrifice,” Singh said.

Digal was dragged from a vehicle before being killed on Sept. 24 last year – one month after the assassination of Vishwa Hindu Parishad (World Hindu Council or VHP) leader Swami Laxmanananda Saraswati by Maoists (extreme Marxists), which triggered the violence as Hindu extremists wrongly blamed Christians.

Singh spoke to the son of the deceased Digal, Rajendra Digal, who said his parents left their village after the violence and took shelter in the state capital, Bhubaneswar.

The elder Digal, who owned a grocery shop and 35 goats, returned to his village to see his house and livestock. After selling some of the goats, he boarded a public bus to Phulbani, Kandhamal district headquarters, to start his journey back to Bhubaneswar around noon on Sept. 24. As the bus started, however, some assailants allegedly led by Pradhan stopped the bus and dragged Digal out. They also broke his leg.

The attackers were said to have taken Digal to his village, where they looted his shop. Then they allegedly took him and eight of his goats to a nearby forest, where they feasted on the goat meat throughout the night.

When Rajendra Digal heard about it, he informed police, who allegedly took no interest in the complaint. Twelve days later, his father’s body, naked and burned with acid, was found 40 kilometers (25 miles) from the village. His genitals had also been chopped off.

Rajendra Digal said he believes his father may have been the victim of human sacrifice involving ritual feasting and torture.

Shoddy Probe, Lack of Evidence

A representative of the Christian Legal Association (CLA) said the police had been conducting investigations improperly.

The CLA source pointed out that in another Fast-Track Court-I case in which Pradhan was one of the accused, police had wrongly recorded the age of the informant, Bhutia Digal.

“The court observed that if the police could not cite the age of the informant correctly, how could they have investigated the case properly?” said the source, adding that such discrepancies were found in far too many cases.

During the violence in August-September 2008, the BJP was part of the ruling coalition with a local party, the Biju Janata Dal (BJD). The latter recently broke ties with the Hindu nationalist BJP, blaming it for violence in March, a month before the state assembly election.

The BJP lost the April-May election, and the BJD emerged as the stand-alone ruling party. It is believed that the state administration began taking action against the assailants only after the coalition split in March – six months too late, which possibly provided enough time for suspects to remove evidence and threaten witnesses.

Witnesses are still being threatened or bribed, according to rights groups.

On Thursday (Sept. 24), the day the BJP legislator was acquitted, the fast-track court also released five others accused of arson in the Tikabali area of Kandhamal in a separate case, reported the PTI.

Singh said the witnesses were either intimidated or bribed and therefore turned hostile to prosecutors in court. Friends of the accused took the witnesses to the court in their vehicle, he pointed out.

Dayal said the Orissa High Court should have taken notice of the increasing number of acquittals.

“A man now an MLA seems to be beyond the law,” he said. “I would demand a high-powered judicial review by the High Court of Orissa itself, or failing that, by civil society, which should set up an independent commission of retired judges and senior lawyers.”

Singh said police investigations and prosecutions were a “sham.” There is also “a pressing need for witness protection,” he said.

He added that there were reports of witnesses being intimidated and threatened in various villages, such as Dodingia, K. Nuagam, Phiringia and Solesoru. “Police are not entertaining complaints of the threat to the witnesses,” Singh said.

Dayal highlighted three essential problems: The quality of the charge-sheets prepared by police; the role of the public prosecutor in pressing the charges as prepared by police; and the circumstances under which eyewitnesses, “often sons and daughters of those killed, cannot attest to the truth or are forced into silence,” he said.

“India does not have a witness-protection program, and surely Kandhamal has none at all,” Dayal said. “Witnesses have to pass through an aggressive environment which affectively silences them. They are human beings and fear future violence, having seen brutal violence in the past.”

Singh and Dayal demanded that the cases be heard outside Kandhamal, preferably outside Orissa state.

SIDEBAR

First Life Sentences Handed Down for Orissa, India Killing

NEW DELHI, September 30 (Compass Direct News) – A fast-track court in Orissa state on Sept. 23 delivered its first life sentences for those convicted of murder in 2008 violence in Kandhamal district, sentencing five people to life imprisonment for their involvement in the killing of Pastor Akbar Digal.

Digal, 40, pastor of a Baptist church in Tatamaha village under Raikia police jurisdiction in Kandhamal district, was killed on Aug. 26, 2008 after refusing the slayers’ demand that he forsake Christianity and convert to Hinduism. His body was reportedly cut to pieces and then burned.

He is survived by his wife, Ludhia Digal, and five children.

Additional Sessions Judge Sobhan Kumar Das of Fast Track Court-I at Phulbani district headquarters sentenced Sabita Pradhan, 30; Papu Pradhan, 30; Abinash Pradhan, 29; Dharmaraj Pradhan, 32; and Mania Pradhan, 28, to life in prison and a fine of 5,000 rupees (US$104). The five were arrested after Pastor Digal’s wife filed a First Information Report on Aug. 29, 2008.

Previous to these sentences, two fast-track courts had sentenced 12 people to prison for terms ranging only from four to six years. The government set up the two fast-track courts to try nearly 900 cases related to anti-Christian violence that erupted in August 2008. The first conviction was determined on June 30.

The special Phulbani court also sentenced six others to three years’ rigorous imprisonment on Sept. 22 for an arson attack on a journalist’s house in Kandhamal’s Phiringia village on Dec. 12, 2007.

Police had arrested 11 people in this case, but the court acquitted five for “lack of evidence.” Convicted were Ganpati Kanhar, Rabindra Kanhar, Parmeshwar Kanhar, Daleswar Kanhar, Tuba Kanhar and Vijay Kanhar, whose ages range from 25 to 40 years. They were also fined 4,000 rupees (US$83) each.

Report from Compass Direct News 

PAKISTAN: CHRISTIAN FACES ‘BLASPHEMY’ ABETTING CHARGE, DANGERS

Human rights activist could face violence long after trial finishes.

CHICAGO, March 13 (Compass Direct News) – A Pakistani investigator has ruled out a charge against a Christian for “blaspheming Islam” but retained another for abetting blasphemy, and advocates worry the stigma of the charges could make him a target for local Islamists.

Hector Aleem, 51, remains in Adiyala Jail in Rawalpindi, near Pakistan’s capital of Islamabad. His lawyer said he believes law enforcement officers and community members framed Aleem for his social activism on behalf of Christians so that the stigma of the charges would subject him to the danger of violence.

The case began last November when a Muslim scholar received a text message insulting the Islamic prophet Muhammad. Authorities charged Aleem with violating sections 295c (blasphemy) and 109bb (abetting) of the Pakistani criminal code.

Investigating Officer Zafer Ikbal on March 4 ruled out the possibility of a blasphemy charge since evidence showed the message came from an unlisted phone number, not Aleem’s. This move followed a Feb. 2 decision by Judge Sakhi Mohammad Kohut to exonerate Aleem of blasphemy by moving the case from an anti-terrorism court to a magistrate court; with the change of court, the investigating officer had considered anew the possibility of a blasphemy charge.

Phone records in the investigation showed the original culprit had a one-hour conversation with someone at Aleem’s phone number. Aleem claimed that his assistant, Bashar Kokar, was the one who talked with the culprit. As a result, both men were incarcerated and charged with abetment.

In the meantime, Aleem’s attorney, Malik Tafik, has filed an application for bail. He said he hopes it will be approved at a session court hearing next week.

The crime of abetting does not carry a severe penalty in Pakistani criminal law. But in this case, Tafik said, its connection to blasphemy against Islam could put Aleem in danger of attacks by Muslim extremists even if he is found innocent.

“He will continue to be in danger from religious extremists after the case finishes,” Tafik said. “Even though he is only charged with abetment, he is still in danger.”

A Pakistani official concurred that those in the community opposed to Aleem’s human rights activism may have used the charges as a pretext to jail him. Khushdil Khan Malik, deputy secretary of Pakistan’s Ministry of Human Rights, said Aleem may have been framed due to his social activism as director of a small Non-Governmental Organization that lobbies for the rights of Pakistani Christians in Islamabad.

Last November, Aleem became involved in a land dispute between a congregation and the Rawalpindi Water and Sanitation Agency, which wanted to demolish their church building.

Blasphemy charges carry a particularly dangerous stigma in certain parts of Pakistan. Within Rawalpindi, there is a dedicated following of the Islamist political movement Sunni Tehreek, which has been involved in violent sectarian clashes with other Islamist movements in the last decade. When Aleem was transferred to a Rawalpindi anti-terrorism court for a hearing on Jan. 30, a crowd of 150 protestors gathered, shouting that his life would not be spared and that the police should hand him over to them.

But Malik said the case has nothing to do with sectarian tensions and resulted only from members of the municipality targeting Aleem because they opposed his campaign to save a church slated for destruction.

“Generally the relations between Muslims and Christians are good,” Malik said. “This was a false case against Aleem.”

Aleem’s bail application is pending. But due to current court strikes in Pakistan, the application may take a few weeks, said Katherine Sapna, a field officer for the advocacy group Centre for Legal Aid Assistance and Settlement (CLAAS). Lawyers are rallying against the government in a bid to reinstate former Supreme Court Chief Justice Iftikhar Chaudry, who was deposed by former President Pervez Musharraf.

 

More ‘Blasphemy’ Cases

Christian legislators have called on the Pakistani Parliament to strike down its blasphemy laws, as they are frequently used against the Muslim-majority country’s Christian minority.

Punishment for blasphemy in Pakistan can potentially mean death, and the charges are easy to file. Private citizens can register a blasphemy case, whereas normal procedure calls for police officers to file charges.

According to a CLAAS report, police opened blasphemy charges against two Christians on March 1 in the village of Malukay, 55 miles southeast of Lahore. Walayat Masih and his daughter Sarina attended a fair in a graveyard to honor a deceased religious figure, Muharri Shah, revered by both local Christians and Muslims.

In the course of the celebrations, local Muslims thought that the Christians had improperly covered an Islamic inscription on the tomb. Soon a mob gathered and began attacking those Christians who weren’t able to flee. A crowd cornered Masih and his daughter and severely beat them until police arrived and took the victims to the police station, where they were charged with blasphemy.

CLAAS is investigating the case. The organization will represent the two in court if charges are not dropped.  

Report from Compass Direct News