New Evidence Stalls Murder Trial in Malatya, Turkey

Defense lawyers’ absence also prolongs case that court wants closed.

MALATYA, Turkey, April 21 (CDN) — On the eve of three-year commemorations of the murders of three Christians in southeast Turkey, defense lawyers’ absence and new evidence kept a Malatya court from concluding the case here on Thursday (April 15).

Two defense lawyers excused themselves from the hearing, rendering the judges unable to issue a verdict to the five defendants charged with the murders of three Christians in Malatya on April 18, 2007. Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske, who worked at a publishing house that distributed Christian material in this southeastern Turkish city, were found murdered three years ago.

At Thursday’s hearing, prosecuting lawyers presented a 28-page detailed request that the Malatya case be joined to a plot called Cage Plan, believed to be part of Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures.

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 named naval officers, 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. The aim of the Cage Plan was to destabilize the government by showing its inability to protect Turkey’s minority groups.

Last week newspapers 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.

Judges will announce a decision on whether to combine the Malatya murders with the Cage Plan at the next hearing, scheduled for May 14. Hearings for the Cage Plan are expected to begin on June 15.

“If you ask me, unfortunately at this exact moment we are exactly where we started,” said prosecuting lawyer Orhan Kemal Cengiz. “I’m not talking about public awareness. In terms of public awareness, of course our contribution is something substantial. But in terms of evidence and exposing the real network, we couldn’t get anywhere.”

Judges also decided to call a new witness in May. Burak Dogru, a convict serving time in Sivas, wrote a letter to the court accusing suspect Varol Bulent Aral of organizing the murders and offering him money to kill the three Christians.

“When I refused the offer, he told me to forget what I knew, otherwise I would not see the sunlight again,” he wrote in his letter, reported the Hurriyet Daily News.

In the last court hearing two months ago, the court rejected the prosecuting attorney team’s appeal that the Malatya murders be joined to the Ergenekon file, despite a police report showing links between the two cases.

Cengiz said he believes that the Malatya prosecutor is missing an opportunity to collect more evidence that could connect the Malatya murders to the Ergenekon case.

“The Ergenekon prosecutor is drowning in the files,” said Cengiz. “This [Malatya] prosecutor has enough time and resources because he is in a position to have direct contact with first-hand evidence. But I think he is intimidated and is just trying to get rid of the case as soon as possible. This case is a hot potato for the prosecutor, and he just wants to throw it away as soon as possible.”

In February’s hearing, prosecutors detailed accusations against the five young men accused of slaughtering the Christians – Emre Gunaydin, Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim – and demanded three consecutive life sentences for each of them if convicted. The five men are charged with murder, being part of a terrorist organization, holding citizens against their will and stealing.

“We may not have proved that this case is linked to Ergenekon and other shadowy networks,” said Cengiz. “But I think we convinced everyone in Turkey that this murder was not committed by [just five men]. We may not convict them, the network, before the court, but we already convicted them in the eyes of the public. I wish, of course, that we could also do that before the law. But at this stage this evidence and this file doesn’t seem to me capable of doing this.”

Graveyard Memorials

In churches and at various memorial services on Sunday (April 18), Christians around Turkey commemorated the deaths of the three slain men.

Scores of people came to the graves of Aydin in Izmir, Tilmann in Malatya and Yuksel in Elazig, an hour northeast of Malatya, to commemorate the deaths. The Malatya murders have become a milestone for the Turkish church, which is also eager for closure on the murder case and justice for those responsible.

“For the church, it’s another one of those events in life which we don’t understand but entrust it to the hands of a loving God who we believe in,” said Zekai Tanyar, chairman of the Association of Protestant Churches in Turkey. “I think one aspect is that the church in Turkey said this does not pull us away from the Lord; we continue to follow Him. It’s probably brought in sort of a depth in some ways, and it has certainly brought in awareness from the worldwide church, and therefore more prayer for Turkey.”

Tanyar said that while churches want to see closure for the sake of the families who lost their loved ones, they also want “the truth, the real culprits and mindsets behind the killings to be revealed somehow. So in a sense, our prayer is that God who is the worker of miracles will work these two contradictory expectations out; a closure and an exposure at the same time.”

Report from Compass Direct News 


Former police commander, university researcher, suspected ringleader’s father testify.

MALATYA, Turkey, April 15 (Compass Direct News) – Two years after the murder of three Christians in this city in southeastern Turkey, lawyers at a hearing here on Monday (April 13) uncovered important information on the role that local security forces played in the slaughter.

At the 16th hearing of the murder case at the Malatya Third Criminal Court, plaintiff attorneys called a heavy slate of witnesses, including Mehmet Ulger, the gendarmerie commander of Malatya province during the April 2007 murders who was arrested on March 12 for his alleged connection to a political conspiracy, and Ruhi Abat, a theology instructor at the local Ismet Inonu University.

Two Turkish Christians, Necati Aydin and Ugur Yuksel, and a German Christian, Tilmann Geske, were tied up and stabbed to death at Zirve Publishing Co. offices on April 18, 2007. Plaintiff attorneys have moved the focus of the trial away from the five suspects – Salih Gurler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim, and alleged ringleader Emre Gunaydin – to local officials believed to be liaisons or masterminds of the murders.

The retired gendarmerie commander and the theology researcher have suspected links to the crime. In January an anonymous letter sent to Turkish churches and obtained by the media claimed that then-commander Ulger instigated the murders and directed Abat to prepare arguments against missionary activity.

According to phone records, Abat made 1,415 telephone calls to gendarmerie intelligence forces in the six-month period prior to the 2007 murders. During his cross examination, he told the courtroom that the frequent contact resulted from gendarmerie requesting information on his research of local missionary activity.

Abat was part of a team of six researchers that focused on the social effects of missionary activity within the Malatya region.

“The information I gave the police and gendarmerie was aimed at answering the criticisms that missionaries had about Islam,” he said.

When plaintiff attorneys asked Ulger if this level of communication was typical, the former gendarmerie commander said that they communicated on other issues such as translating Arabic documents and further teaching engagements. But lawyers said this level of communication was unusual.

“He called the gendarmerie the equivalent of 10 times a day, seven days a week, which suggests something abnormal going on,” said plaintiff attorney Orhan Kemal Cengiz. “You wouldn’t talk that much to your mother.”

In a heated exchange at the end of the hearing, Ozkan Yucel, plaintiff attorney representing the families of the victims, pressed Ulger to answer whether he considered Christian missionary activity in Turkey to be a crime.

Avoiding a direct answer, Ulger said no such crime existed in Turkey’s penal system, but that gendarmerie classified such activity as “extreme right-wing.”

“The gendarmerie considers this to be the same [level of extremism] as radical Islamic activity,” he said.


Suspected Ringleader’s Family Testifies

Onur Dulkadir, a cousin and former classmate of Gunaydin, the suspected ringleader, testified on his interactions with Gunaydin and Malatya’s local Christian community prior to the murders.

Dulkadir claimed that a few months before the crime, he and Gunaydin attended a Christian meeting at a Malatya hotel where approximately 50 people were in attendance. He said they left when someone handed him a brochure about “missionary activity.”

Dulkadir told the court that after they left, Gunaydin said, “I am watching how they structure themselves,” and, “Very soon I am going to be rich.” In past hearings, Gunaydin claimed the Turkish state had promised him support if he would carry out the attacks successfully.

Gunaydin’s father, Mustafa Gunaydin, testified at the hearing that he didn’t believe his son had led the group of five to commit the grisly murder of the three Christians, two of them converts from Islam.

“I went once a week to the jail to see my son, and every time I spoke with my son I tried to bring out the identity of those behind the murders,” said Mustafa Gunaydin. “He swore to me there was nobody behind it . . . I still believe my son couldn’t have done anything. My child is afraid of blood.”

Mustafa Gunaydin works as a technician at Ismet Inonu University. Plaintiff attorneys asked him if he was acquainted with professor Fatih Hilmioglu, recently jailed in a mass arrest of professors associated with a national conspiracy known as Ergenekon. He replied that he knew Hilmioglu, but that he also knew about 70 percent of the university personnel and did not have a close friendship with the arrested professor.

The prosecuting attorneys have frequently contended that Ergenekon, a loose collection of ultra-nationalist generals, businessmen, mafia and journalists who planned to engineer domestic chaos and overthrow the Turkish government, instigated Emre Gunaydin to commit the murders.

Ulger was arrested as part of the Turkish state’s investigations into Ergenekon.


Cryptic Comments

Among Emre Gunaydin’s most prominent suspect links to Ergenekon is his jailed former co-worker Varol Bulent Aral, who was arrested in February for being a possible liaison between the five youths on trial for the murders and the true masterminds.

Hamit Ozpolat, owner of a newspaper and radio station in Adiyaman, testified at the hearing that Aral made cryptic comments in regard to his connections with the criminal organization. When Aral approached Ozpolat for a job at one of his news outlets, he declined his application, which he said resulted in Aral shouting threats against him. When police came, Ozpolat testified, Aral shouted, “You can’t do anything to me, I am a member of the deep state.”

Plaintiff attorneys have suspected a connection between the Malatya murder case and Ergenekon for several months, attempting to merge the two cases since last August.

But in a strange turn, the National Intelligence Agency (MIT) has issued a report claiming that Ergenekon and Christian missionary agencies were working together to destroy the Turkish nation. This claim would seem to contradict older Ergenekon documents that make reference to church members in Izmir, Mersin and Trabzon, three Turkish cities where Christians were attacked or killed in the following years.

Malatya plaintiff attorneys told Compass the theory of Christians wanting to destroy Turkey exists in the national consciousness but has no basis in reality.

“One of the core activities of Ergenekon is to struggle against missionary activity,” plaintiff attorney Cengiz said. “They are very hostile against missionary activities, as they see them as an extension of the external enemies in Turkey.”

On Monday (April 13), police raided the home of professor Turkan Saylan, 74-year old president of the Association for Support of Progressive Life (CYDD) and a cancer patient. The seven-hour raid took place on the basis of a MIT report stating her organization had received funds from the American Board, the oldest organization in Turkey with missionary status. The American Board is known in Turkey for building schools and hospitals and funding development projects.

Police reportedly raided her home and office in an attempt to find information linking CYDD finances to the American Board and proselytizing activities. Saylan’s organization has opened three court cases against MIT for past accusations of missionary activities.

In an online report published by Haber50 today, Saylan said that her premises were raided as retaliation for the cases opened against MIT, which for years has been trying to destroy her organization’s reputation in the press.

In addition, the report says Yasar Yaser, president of the Health and Education Association (SEV), used her organization’s printing press in order to produce Bibles.

“The terrible truth is some media, including some Muslim newspapers, were very eager to cover this story,” plaintiff attorney Cengiz said. He emphasized that suspicions of Christian groups in Turkey having such a subversive agenda were baseless.

This Saturday (April 18) will mark the second anniversary of the stabbing deaths of the three Christians. Churches across Turkey will commemorate the event through special services, and the Turkish Protestant Alliance has designated the day as an international day of prayer.

The next hearing of the case is scheduled to take place on May 22.

Report from Compass News Direct


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

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

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

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

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

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

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

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

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

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

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

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

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

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


Impact on Defense

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

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

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

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

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

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

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


Unearthing Plot

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

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

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

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

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

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

Report from Compass Direct News


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