Latest Persecution News – 20 April 2012


Attacked Turkish Pastor Joins in Memorials for Slain Christians

The following article reports on Semir Serkek, pastor of Grace Church in Istanbul and the memorial service held for Necati Aydin, Ugur Yuksel and Christian Tilmann, who were murdered in Malatya (Turkey) five years ago.

http://www.compassdirect.org/english/country/turkey/article_1509962.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Turkey Arrests 20 Allegedly Linked to Malatya Murders


Suspects in Ergenekon network long sought in homicide case to be questioned.

ISTANBUL, March 18 (CDN) — In simultaneous operations in nine different provinces of Turkey, authorities yesterday arrested 20 people suspected of playing a role in the murder of three Christians in Malatya in 2007, according to local news reports.

Zekeriya Oz, chief prosecutor overseeing the investigation into a clandestine network known as Ergenekon allegedly aimed at destabilizing the government, ordered the arrests based on information that linked the suspects to both the network and to the Malatya murders, Turkish press reported after Istanbul Chief of Police Chief Huseyin Capkin announced the sweep at a press conference yesterday.

“This was an operation related to the Malatya Zirve publishing house murders,” Capkin said, according to online news agency Malatya Guncel. “They were just arrested. This is connected to the Zirve publishing house. That’s the framework.”

Those apprehended include Ruhi Abat, a Muslim theology professor from Malatya Inonu University, Mehmet Ulger, a retired commander of the Malatya Gendarmerie in service at the time of the murders, and other members of the military. Oz will question the suspects in Istanbul, according to reports.

Police also raided the guesthouse of the Izmir Gendarmerie, seizing computers and documents. News sources listed Malatya, Siirt, Mugla, Mersin and Izmir as some of the cities in which authorities conducted raids and arrests.

A plaintiff attorney in the Malatya murder case, Orhan Kemal Cengiz, told Compass that the names on the list of those arrested were suspects he and his colleagues have been trying to convince the Malatya prosecutor to pursue since the court received a tip in May 2008.

“They are all the usual suspects,” Cengiz said. “All their names were mentioned in the first informant letter. Unfortunately, despite all our efforts, we couldn’t find anyone to investigate these allegations.”

The letter was the first of many informant letters the Malatya court has received since it started hearing the case on Nov. 22, 2007. Penned by someone who identified himself by the pseudonym “Ali Arslan” but unsigned, the letter claimed that Ulger incited Emre Gunaydin, one of the suspects, to carry out the murders and that he communicated with Gunaydin through Abat and two gendarmerie officers, reported Turkish English daily Today’s Zaman.

Cengiz said that, though it was the duty of the Malatya prosecutor to pursue leads in the informant letter, the prosecutor deferred the investigation to the military court, which in turn refused to investigate, claiming that the name on the letter was fake and the letter was not signed.

“It was like a joke,” Cengiz said.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya. The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim, were arrested while trying to escape the scene of the crime, as was alleged ringleader Gunaydin.

From the beginning of the court hearings, plaintiff lawyers have brought evidence to the court showing the five young suspects were connected to a wider plot to kill the three Christians as well as other key Christian leaders across Turkey. Known as the Cage Plan, the plot is believed to be part of the alleged Ergenekon “deep state” operation to destabilize the government.

The Cage Plan centers on a compact disc found in 2009 in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Cengiz told Compass that new evidence in the Ergenekon case might have convinced Oz to pursue those detained yesterday, and he called the move “a very big step” in shedding light on the Malatya case. He and colleague Erdal Dogan said their efforts – especially a request they sent to Oz on Jan. 18, 2010 asking him to investigate the allegations that Ergenekon members were behind the Malatya murders – surely helped to move the process along.

“I believe our efforts had a very big influence on this,” Cengiz said. “We submitted a petition and requested this from Oz last year. He is acting with the Malatya prosecutor on this.”

At the request of the Istanbul Chief Prosecutor’s Office, the Istanbul Police Department prepared a report last year revealing links between the Malatya murders and Ergenekon, according to Today’s Zaman. According to the report, Sevgi Erenerol, spokesperson for a bogus ultranationalist association known as the Turkish Orthodox Church, described foreign missionary activity as “spying” and “provoking.”

“A piece of evidence in the report was a conference on missionary activity given by Sevgi Erenerol … at the General Staff’s Strategic Research and Study Center,” reported Today’s Zaman.

Erenerol was arrested in connection with Ergenekon in 2008. Her suspected links with those thought to have masterminded the Zirve murders may have influenced yesterday’s arrests, Today’s Zaman reported.

She is also believed to be one of the key people behind false accusations against two members of Turkey’s Protestant Church, Hakan Tastan and Turan Topal, who were arrested in October 2006 for insulting Turkishness and Islam because they openly shared their faith.

After four years of legal battle, a judge finally acquitted the two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge. The two men are in the process of appealing the fine.

The Turkish Constitution grants all citizens the right to speak about their faith.

Plaintiff attorneys in the Malatya murders case said they believe yesterday’s arrests bring them closer to their requests that the Malatya murders case file be joined to that of the Ergenekon trial.

“From now on, we can predict it is very possible that our case will be sent to Istanbul soon and that these two cases will be merged,” said Cengiz.

The next Malatya hearing is scheduled for April 29.

Report from Compass Direct News
http://www.compassdirect.org

Christians in Turkey Face Harassment; Murder Trial Stalls


Departure of presiding judge in Malatya case could further delay justice, attorneys fear.

ISTANBUL, March 15 (CDN) — Though the horrific scale of the 2007 Malatya murders has not been repeated in Turkey’s Protestant church, a recent report shows harassment continues to be a daily problem for the country’s Christians and churches.

Discrimination, slander and attacks against churches were among the examples of ongoing harassment that the Turkish Association of Protestant Churches (TEK) recorded in 2010.

In an eight-page report published earlier this year, TEK’s Committee for Religious Freedom and Legal Affairs outlined problems Protestants face. Turkish laws and “negative attitudes of civil servants” continue to make it nearly impossible for non-Muslims to establish places of worship, the committee reported. Three churches faced legal problems last year regarding their buildings, according to the report.

Missionary activities are still considered a national threat despite the existence of Turkish laws guaranteeing citizens the freedom to propagate and teach their faith, and children are victims of discrimination at school, according to the report. Though the Religious Education General Directorate for Higher Education and Training Committee allows non-Muslim students to stay out of religious classes, parents have reported cases in which they were not able to take their children out of such
courses.

“After four years [since the Malatya murders], Turkey’s religious freedoms have not improved as desired,” said attorney Erdal Dogan. “Christians, Alevis [a Shiite sub-community] and people of other beliefs are still not protected by law. And people of other faiths apart from Muslims have no legal status. Since racism is still prevalent in the context of freedom, discrimination in its turn has become a fact of life.”   

About a third of Turks are estimated to be Alevis.

Turkey rose to 30th place in Open Doors’ 2011 World Watch List of nations in which persecution against Christians takes place, up from 35th place the previous year. The Christian support organization cited deteriorating conditions as the secular country applied some laws in discriminatory ways against Christians.

TEK estimates that there are up to 3,500 Protestant Christians in Turkey.

 

Malatya Trial Stalled

In the trial of the five primary suspects in the murder of three Christians in Malatya, plaintiff attorneys fear the departure of one of the three judges to a Supreme Court of Appeals post in Ankara could further stall the nearly four-year-old case.

The loss of Judge Eray Gurtekin, who had presided over the case since it began on Nov. 22, 2007, could threaten to set back the progress of the court that has been examining links between the killers and alleged masterminds, according to Dogan, a plaintiff attorney in the case. Gurtekin was appointed as a judge in the Supreme Court of Appeals in Turkey’s capital Ankara last month.

“In a three-member panel [of judges], the change of one is not really helpful,” said Dogan, “because just as the previous presiding judge had started to understand and pay close attention to the case file, a new judge came in his place. I hope he will catch on quickly.”

The new judge joined the Malatya hearings panel this month, and Dogan said there could be more changes in the panel.

The 12th Istanbul High Criminal Court is expected to hear the testimony of another witness on March 29, and the court is trying to locate two more witnesses in order to shed light on the Malatya murders.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya. The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim, were arrested while trying to escape the scene of the crime, as was alleged ringleader Emre Gunaydin.

From the beginning of the court hearings, prosecuting lawyers have brought evidence to the court showing the five young suspects were connected to a wider plot to kill the three Christians as well as other key Christian leaders across Turkey. Known as the Cage Plan, the plot is believed to be part of the alleged Ergenekon “deep state” operation to destabilize the government.

The Cage Plan centers on a compact disc found in 2009 in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Questioned by the judges, Varol Bulent Aral – suspected of being one of the people who planned the murders and linked the killers to the masterminds – said he wanted the court to find out who was supporting the Zirve Publishing Co. He added a cryptic remark to Tilmann Geske’s widow, Suzanne Geske, who continues to live in Malatya with her three children and regularly attends the murder hearings.

“I want to ask Suzanne, what business does a German have here?”

The judges finally threw Aral out of the courtroom for contempt of court when he told the judges: “You are in the clouds!”

Prosecuting lawyers still hope judges will join the Malatya case files to the Cage Plan case, which is being tried at an Istanbul court.

The threat of violence against Christians continues. Last week Turkish news sources reported that Istanbul police arrested two suspects, ages 17 and 18, accused of plotting to assassinate a priest on the European side of the city. The Istanbul Public Prosecutor’s Office is examining their case.

Report from Compass Direct News
http://www.compassdirect.org

Links between Murders in Turkey and ‘Masterminds’ Expected


Witnesses previously barred will be allowed to testify.

ISTANBUL, December 20 (CDN) — Attorneys prosecuting the murder of three Christians in southeastern Turkey are making progress linking the knifemen who slayed them to the masterminds who put them up to it, an attorney representing the family of one of the victims said Friday (Dec.17).

Two witnesses, Veysel Şahin and Ercan Gelni – whose testimony the court previously blocked – will be allowed to testify about the plans behind the killings in Malatya. The judge changed his previous ruling blocking their testimonies because of new evidence that recently became available.

The court will also protect a witness whose testimony would have possibly put him in danger. The latest court hearing was on Dec. 3.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya.

The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim were arrested while trying to escape the scene of the crime, as was alleged ringleader Emre Gunaydin.

 

Establishing Links

Prosecutors have contended that the killings were related to a larger conspiracy by the military and nationalists to destabilize the government by targeting minorities in Turkish society.

“The people responsible are not just confined to the young men caught at the crime scene,” said Orhan Cengiz, one of the attorneys representing the interests of the victim’s families in the case. “Everybody knows the youngsters have connections [to the nationalists].”

The new decision shows the court’s “willingness” to look into possible links between the killers and the gendarmerie, a special police force in Turkey that deals with internal security issues and is allegedly a key player in the destabilization plot, Cengiz said.

Suzanne Geske, widow of Tilmann Geske, said she wants the Malatya murder trial linked with the trial over the Cage Operation Action Plan, believed to be part of the Ergenekon “deep state” operation to destabilize the government.

“I want the Zirve Publishing House killings to be merged with the case into the Cage Operation Action Plan,” Geske told Turkish newspaper Today’s Zaman. “I do not believe that those young men could have carried out the murders on their own. Some de facto links are evident. There are other influences behind these murders.”

Ergenekon is an alleged “deep state” operation referring to a group of retired generals, politicians and other key figures thought by some to be the true power brokers in Turkey.

The Cage Plan centers on a compact disc found a year ago in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Newspapers have reported that the Cage Plan, aimed at Turkey’s non-Muslim minorities, not only contained a list of names of Protestant Christians who would be targeted, but also named some of their children.

“I believe that there is an ulterior motive behind the killings,” Geske reportedly said. “This may be linked to Ergenekon or another criminal group. I believe that the young men who carried out the murders were directed by criminal elements. I want those criminal elements to be exposed. Otherwise, the lives of those young men will be wasted while the real criminals will go unpunished.”

The next Malatya hearing is scheduled for Jan. 20.

Report from Compass Direct News

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

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

Baseless Case Against Turkish Christians Further Prolonged


Justice Ministry receives international inquiry about progress of trial.

SILIVRI, Turkey, February 15 (CDN) — Barely five minutes into the latest hearing of a more than three-year-old case against two Christians accused of “insulting Turkishness and Islam,” the session was over.

The prosecution had failed to produce their three final witnesses to testify against Hakan Tastan and Turan Topal for alleged crimes committed under Article 301 of the Turkish penal code. The same three witnesses had failed to heed a previous court summons to testify at the last hearing, held on Oct. 15, 2009.

This time, at the Jan. 28 hearing, one witness employed in Istanbul’s security police headquarters sent word to inform the court that she was recovering from surgery and unable to attend. Of the other two witnesses, both identified as “armed forces” personnel, one was found to be registered at an address 675 miles away, in the city of Iskenderun, and the other’s whereabouts had not yet been confirmed.

So the court issued instructions for the female witness to be summoned a third time, to testify at the next hearing, set for May 25. The court ordered the witness in Iskenderun to submit his “eyewitness” testimony in writing to the Iskenderun criminal court, to be forwarded to the Silivri court. No further action was taken to summon the third witness.

International Inquiry

Judge Hayrettin Sevim, who has presided over the last five hearings on the case, informed the plaintiff and defense lawyers that recently his court had been requested to supply the Justice Ministry with a copy of relevant documents and details from the case file.

An inquiry outside Turkey about the progress of the case, he said, prompted the request.

Seven different state prosecutors have been assigned to the case since Prosecutor Ahmet Demirhuyuk declared at the fourth hearing in July 2007 that “not a single concrete, credible piece of evidence” had been produced to support the accusations against the Protestant defendants. After Demihuyuk recommended that the charges be dropped and the two Christians acquitted, he was removed from the case.

Originally filed in October 2006, the controversial Article 301 case accused Tastan and Topal, both former Muslims who converted to Christianity, of slandering the Turkish nation and Muslim religion while involved in evangelistic activities in Silivri, an hour’s drive west of Istanbul in northwestern Turkey.

After Turkey enacted cosmetic changes in the wording of Article 301 in May 2008, all cases filed under this law require formal permission from the justice minister himself to go on to trial.

According to the Turkish Justice Ministry, only eight of more than 900 Article 301 cases sent for review since the law’s revision have been approved for prosecution. On Friday (Feb. 12) the Justice Ministry declined in writing a Compass request last month for a list of the eight cases in question.

Despite the lack of any legally credible evidence against Tastan and Topal, the Silivri case is one of those eight cases personally approved by the Justice Minister.

According to a CNNTURK report dated Dec. 8, 2009, U.S. President Barack Obama raised the Article 301 issue with Turkish Prime Minister Recep Tayyip Erdogan during their last face-to-face meeting in Washington, D.C.

“I think those asking about this don’t know what Article 301 is,” Erdogan reportedly said. “Until now it has only happened to eight persons.”

This month the Organization for Security and Cooperation in Europe criticized Turkey’s revision of Article 301, declaring that the government should simply abolish the law.

The Parliamentary Assembly of the Council of Europe (PACE) in Strasbourg also warned earlier this month that Turkey is violating Article 10 of the European Convention on Human Rights to the extent that the European Court of Human Rights may impose sanctions on Turkey over Article 301.

Noting that the Assembly welcomed previous amendments to the law, the most recent PACE report declares it “deplores the fact that Turkey has not abolished Article 301.”

Report from Compass Direct News 

European Court Rules Against Turkey’s Religion ID


Designation on identification cards used to discriminate on basis of religion.

ISTANBUL, February 5 (CDN) — A European court on Tuesday (Feb. 2) ordered Turkey to remove the religious affiliation section from citizens’ identification cards, calling the practice a violation of human rights.

Religious minorities and in particular Christian converts in Turkey have faced discrimination because of the mandatory religion declaration on their identification cards, which was enforced until 2006. Since then, citizens are allowed to leave the “Religion” section of their IDs blank.

The ruling by the European Court of Human Rights (ECHR) “is a good thing,” said Zekai Tanyar, president of the Turkish Protestant Alliance, citing prejudices against Christian converts.

“[Religion on the ID] can cost people their jobs,” he said. “It has been known to affect whether they get a job or not, how people look at them, whether they are accepted for a post or an application of some sort. Therefore I think [the ruling] is a good and appropriate thing.”

Tanyar said the same principles would apply in the case of Muslims living in a country that had prejudices against Muslims. For converts in Turkey having to state their religion on their ID cards, “in practice, and in people’s experience, it has been negative.” 

The ECHR ruling came after a Turkish Muslim national filed a petition challenging that his identification card stated his religion as “Alevi” and not Muslim. Alevis practice a form of Shia Islam that is different from that of the Sunni Muslim majority.

The court found in a 6-to-1 vote that any mention of religion on an identity card violated human rights. The country was found to be in violation of the European Convention of Human Rights – to which Turkey is a signatory – specifically Article 9, which deals with freedom of religion and belief; Article 6, which is related to due process; and Article 12, which prohibits discrimination.

The presence of the “religion” box on the Turkish national identification card obliges individuals to disclose, against their will, information concerning an aspect of their personal convictions, the court ruled.

Although the government argued that indication of religion on identity cards did not compel Turks to disclose their religious convictions, the ECHR found that the state was making assessments of the applicant’s faith, thus breaching its duty of neutrality and impartiality.

In a statement on the verdict this week, Turkish Prime Minister Recep Tayyip Erdogan said that the ruling was in line with the government’s intentions.

“I don’t see the ECHR decision as abnormal,” he said, according to Turkish daily Taraf. “It’s not very important if it is removed.” 

The ECHR is independent of the European Union, which Turkey seeks to join. The rulings of the ECHR are binding for members of the Council of Europe, of which Turkey is a member, and must be implemented.

A Step in the Right Direction

Human rights lawyers welcomed the decision of the ECHR, saying it is a small step in the direction of democracy and secularism in Turkey.

“It is related to the general freedom of religion in our country,” said human rights lawyer Orhan Kemal Cengiz. “They assume everyone is Muslim and automatically write this on your ID card, so this is a good reminder that, first of all, everyone is not Muslim in this country, and second, that being a Muslim is not an indispensible part of being Turkish.”

The lawyer said the judgment would have positive implications for religious minorities in Turkey who are subject to intolerance from the majority Muslim population. 

In 2000 Turkey’s neighbor Greece, a majority Christian Orthodox country, lifted the religion section from national IDs in order to adhere to European human rights standards and conventions, causing tumult among nationals.

“In Turkey, Greece or whatever European country, racism or intolerance or xenophobia are not rare occurrences if [religion] is written on your card, and if you are a minority group it makes you open to racist, xenophobic or other intolerant behaviors,” said Cengiz. “There might be times that the [religious] declaration might be very dangerous.”

International Implications

It is not yet known what, if any, effect the ECHR decision could have on the rest of the Middle East.

Because of its history, economic power and strategic location, Turkey is seen as a leader in the region. Like Turkey, many Middle Eastern countries have a place for religious affiliation on their identification cards. Unlike Turkey, listing religious affiliation is mandatory in most of these countries and almost impossible to change, even under court order.

According to Human Rights Watch (HRW), religious identification is used as a tool to deny jobs and even basic rights or services to religious minorities in many Middle Eastern countries.

“It’s a serious problem from a human rights point of view,” said Joe Stork, deputy director for the Middle East and North Africa for HRW, an international human rights organization. “It’s especially problematic when that requirement becomes a basis for discrimination.”

Stork said the identification cards shouldn’t have a listing for religion at all. He said the European decision may eventually be used in legal arguments in Middle Eastern courts, but it will be a long time before change is realized.

“It’s not like the Egyptian government is going to wake up in the morning and say, ‘Gee, let’s do that,’” Stork said.

Egypt in particular is notorious for using religion on IDs to systematically discriminate against Coptic Christians and converts to Christianity. While it takes a day to change one’s religion from Christianity to Islam on their ID, the reverse is virtually impossible. 

Report from Compass Direct News