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

Second Wave of Deportations Hits Foreign Christians in Morocco

Muslim hardliners pressure government; nationals fears they may be next victim of ‘purging.’

ISTANBUL, May 21 (CDN) — In a second wave of deportations from Morocco, officials of the majority-Muslim country have expelled 26 foreign Christians in the last 10 days without due process.

Following the expulsion of more than 40 foreign Christians in March, the deportations were apparently the result of Muslim hardliners pressuring the nation’s royalty to show Islamic solidarity.

The latest deportations bring the number of Christians who have had to leave Morocco to about 105 since early March. Christians and expert observers are calling this a calculated effort to purge the historically moderate country, known for its progressive policies, of all Christian elements – both foreign and national.

“I don’t see the end,” said Salim Sefiane, a Moroccan living abroad. “I see this as a ‘cleansing’ of Christians out of Morocco, and then I see this turning against the Moroccan church, which is already underground, and then persecution of Moroccan Christians, which is already taking place in recent days.”

At least two Moroccan Christians have been beaten in the last 10 days, sources told Compass, and police have brought other Moroccan Christians to police stations daily for psychologically “heavy” interrogations.

Authorities are enquiring about the activities of foreign and local Christians.

Forcibly Ejected

Legal sources said that according to Moroccan law, foreigners who have lived in the country for more than 10 years cannot be deported unless they are accused of a crime. They have the right to appeal the deportation order within 48 hours.

With only hours’ notice and forced escort to the country’s exit ports, almost none of the deportees were able to appeal their deportations.

“Most of these [deportations] are happening over the weekends, when the courts are closed,” Sefiane said. “Most of them are done in a way where they’re bringing them in [to the police station], intimidating them, and manhandling them out of the country. Many of them are not even going back to say goodbye to their wives, or even to pack a bag.”

With the exception of three foreigners, in none of the forced deportations did authorities produce an official deportation order, sources said. In many cases, Moroccan officials used embassies to notify foreigners that they were being deported. In most cases, foreigners were presented with a document in Arabic for them to sign that stated that they “understood” that they were being deported.

Compass learned of one case in which a foreigner was forced to the airport, and when he resisted he was forcibly drugged and sent to his native country.

“The expats in the country are very vulnerable, and the way it has happened has been against the laws of the country,” said a European Christian who was deported last week after nearly a decade of running his business in Morocco. “When I tried to walk away from the situation, I was physically stopped.”

The deported Christian said that authorities never informed any of the Christian foreigners of their rights, when in fact there are national laws protecting foreigners. 

“Basically they are trying to con everyone into leaving the country,” he said.

Deported foreigners have had to leave their families behind in Morocco, as well as their friends and communities. Many of the deportees were the male breadwinners of the family and have left their families behind as they try to decide their future.

“It’s devastating, because we have invested years of our lives into our community, business community and charity sectors,” said the European Christian. “People flooded to our house when they heard I was bundled into the back of a police car by the local authorities. It was like a death in the family – forcibly ejected from the country without being able to say goodbyes, just like that.”

The deportees have included Christians from North America, Latin America, Europe, Africa, New Zealand and Korea.

“It’s come out of left field,” said the European. “No one really knows why this is happening.”

Internal Pressure

A regional legal expert said on condition of anonymity that a small number of extremist Muslims have undertaken a media campaign to “get [Christians’] good works out of the public eye and demonize Christians,” in order to expel them and turn the nation against local Christians – some of whom are third-generation followers of Jesus.

“There are too many eyes and ears to what they want to do to the native Christians,” said the expert. “They’re trying to get to them …They want to shut down the native Moroccan Christians.”

Deportation orders are coming from the Ministry of Interior, and speculation on the reason for the sudden spike in expulsions has centered on the arrival of a new, hard-line Muslim interior director in January.

Moroccan officials have cited “proselytism” as the reason for the deportations. Reuters news agency reported Religious Endowments and Islamic Affairs Minister Ahmed Toufiq as saying “proselytism” and “activism of some foreigners” had “undermined public order.”

On April 12 local media reported that 7,000 religious Muslim leaders signed a document describing the work of Christians within Morocco as “moral rape” and “religious terrorism.” The statement from the religious leaders came amid a nationwide mudslinging campaign geared to vilify Christians in Morocco for “proselytism” – widely perceived as bribing people to change their faith.

Religious rights advocates point out that under Article 18 of the United Nations Universal Declaration of Human Rights, the more than 100 foreigners who had lived in Morocco, some for decades, not only had the right to stay in the country but had contributed to the nation. 

“They expelled people who helped build up the country, trained people, educated Moroccan children, cared for orphans and widows, increased the GDP and trade,” said the regional legal expert. “These people they expelled weren’t even proselytizing under their own law. There’s an international standard, yet they changed the definition of the terminology and turned it into this horrible ‘religious terrorism.’”

One of the country’s most prestigious educational institutions, George Washington Academy in Casablanca, has come under fierce criticism from media and investigation by authorities.

“The biggest problem is the image the Ministry of Justice is pushing about who the Christian foreigners are,” said another observer on condition of anonymity. “All the articles have been extreme exaggerations of the manipulative aspect of what foreigners were doing, and especially when it comes to minors.”

Local Christians have reported to sources outside of Morocco that attitudes towards them, which used to be more tolerant, have also shifted as a result of the extremist-led campaign, and some are experiencing family and societal pressure and discrimination as well.

International Forces

While the deportations have perplexed the local Christian community, the regional legal expert said that in some ways this was calculated and inevitable.

He said that the Organization of the Islamic Conference had been putting pressure on countries across the Middle East and North Africa to remove their Christian elements. Iraq, with its decline in Christian population from a few million to a few hundred thousand over the last decade, is a case in point.

“Countries which have been more forward looking and spoken about rights, freedoms and equalities have been pressured to demonstrate their Muslim credentials, and the best way to do this is to sanitize [religious] minorities from the borders,” he said.

Congressman Frank Wolf (R-Va.), co-chairman of the Tom Lantos Human Rights Commission, has called congressional hearings on June 17 to examine the human rights situation in Morocco in light of the expulsions. On Wednesday (May 19) Wolf called on the U.S. government to suspend $697.5 million in aid it has pledged to Morocco based on criteria that it is “ruling justly.”

“We’ve been told the Christians are a threat to the national security, so they are using terrorism laws against peace-loving Christians,” said the deported European Christian. “But it is massively backfiring.”

The Christian described how the Moroccan friends of Christian foreigners have been asking why they are being deported for their faith.

“They are being impacted by the reality of Christ through this, and it’s having more of an effect on the community than years and years of quietly demonstrating Christ peacefully and lawfully,” he said. “By breaking their own laws, they have opened the lid on the reality of the life of Christ.”

There are an estimated 1,000 Moroccan Christian converts. They are not recognized by the government. About 99 percent of Morocco’s population of more than 33 million is Muslim.

Report from Compass Direct News 

Chinese Rights Lawyer Gao Zhisheng Missing Again

Two weeks after release, Christian vanishes while in police custody.

DUBLIN, May 7 (CDN) — Gao Zhisheng, a Christian human rights lawyer released by Chinese officials on April 6 and missing again since April 20, is “definitely in the hands of Chinese security forces,” Bob Fu of the China Aid Association (CAA) told Compass.

“We’ve heard the reports and we’re investigating this closely,” Fu said. “Right now nobody has been able to locate him. The Chinese security forces need to come up with an explanation.”

Gao, initially seized from his home in Shaanxi Province on Feb. 4, 2009 and held incommunicado by security officials for 13 months, was permitted to phone family members and colleagues in late March before officials finally returned him to his Beijing apartment on April 6.

In a press conference held in a Beijing teahouse the day after his return, Gao said he wanted to be reunited with his family, who fled to the United States in January 2009, and he claimed he no longer had the strength to continue his legal work. He also said he could not comment on the treatment he received while in captivity.

Gao also told a reporter from the South China Morning Post (SCMP) that he expected to travel to Urumqi within days of his release to visit his in-laws.

Witnesses saw Gao leaving his apartment sometime between April 9 and 12 and getting into a vehicle parked outside his building, SCMP reported on April 30. Gao’s father-in-law reportedly confirmed that Gao arrived at his home with an escort of four police officers but spent just one night there before police took him away again.

Gao phoned his father-in-law shortly before he was due to board a flight back to Beijing on April 20. He promised to call again after returning home but failed to do so, according to the SCMP report.

Fu said he believes that international pressure forced authorities to allow Gao a brief re-appearance to prove that he was alive before officials seized him again to prevent information leaking out about his experiences over the past year.

During a previous detention in 2007, Gao’s captors brutally tortured him and threatened him with death if he spoke about his treatment. Gao later described the torture in an open letter published by CAA in 2009.

Gao came to the attention of authorities early last decade when he began to investigate the persecution of house church Christians and Falun Gong members. In 2005 he wrote a series of open letters to President Hu Jintao and Premier Wen Jiabao accusing the government of torturing Falun Gong members.

When the letters appeared, authorities revoked Gao’s law license and shut down his law firm, sources told CAA.

He was given a suspended three-year jail sentence in December 2006, following a confession that Gao later claimed was made under extreme duress, including torture and threats against his wife and children. Gao was then confined to his Beijing apartment under constant surveillance – forbidden to leave his home, use his phone or computer or otherwise communicate with the outside world, according to a report by The New York Times.

A self-taught lawyer and a Communist Party member until 2005, Gao was once recognized by the Ministry of Justice as one of the mainland’s top 10 lawyers for his pro bono work on human rights cases, according to SCMP.

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 


Converts accused of ‘insulting Turkishness’ fear ruling sets dangerous precedent.

ISTANBUL, March 27 (Compass Direct News) – Fearing that a court-ordered fine of two Turkish Christians here for “illegal collection of funds” would set a precedent crippling to churches, their lawyer plans to take the case to a European court.

Hakan Tastan and Turan Topal each paid the fine of 600 Turkish lira (US$360) to a civil court in the Beyoglu district of Istanbul yesterday. The verdict cannot be appealed within the Turkish legal system, but their lawyer said he is considering taking the case to the European Court of Human Rights.

The ruling refers to the men receiving church offerings without official permission from local civil authorities. Nearly all Protestant fellowships in Turkey are registered as associations, with very few having status as a recognized religious body, and a strict application of the law would limit the scope of churches collecting funds.

Although the punishment is a relatively small fine, their lawyer told Compass there is now a precedent that authorities could use to harass any church for collecting tithes and offerings.

“For now, this court decision is an individual decision, but we fear in the future this could be carried out against all churches,” said defense attorney Haydar Polat.

Umut Sahin, spokesman for the Alliance of Protestant Churches of Turkey, concurred that the case was worrisome for the country’s small Protestant community and could set a disturbing precedent to be against other congregations.

When originally charged, the two men were summoned to police headquarters just before church services by three plainclothes policemen waiting for Tastan at his church. Tastan and Topal were given a “penalty” sheet from security police that ordered each to pay the fine for breaking a civil law.

The court decision to fine them, enacted on Nov. 11, 2008 but not delivered until March 13, denied their request to drop the penalty. The two men claimed they were only collecting money from their co-religionists.

Judge Hakim Tastan ruled at the First Magistrate Court that the two men were guilty of violating section 29 of Civil Administrative Code 2860, which forbids the collection of money without official permission from local district authorities.

In light of the charge of “insulting Turkishness,” the two men believe the smaller accusation of collecting money illegally is merely part of a wider effort by the state to harass and discredit Turkish Christians.

“They are doing this to bother and intimidate us, possibly to pressure us to leave the country,” Tastan told Compass. “They have the intention to hinder church establishment and the spread of the gospel.”

Tastan has spoken publicly over his strong sense of pride in his Turkish identity and frustration with state institutions biased against religious minorities.

“This case is proof that Turkey’s legal system regarding human rights isn’t acting in a just and suitable way,” he said.


Difficult Circumstances

The civil court case was the second set of longstanding charges against the two men. The first involves Turkey’s notorious Article 301, a loosely-defined law that criminalizes insulting “the Turkish nation.”

On Feb. 24 a Silivri court received the go-ahead from the Ministry of Justice to try the men under Article 301. The crux of the first case – originally leveled against them in 2007 by ultranationalist lawyer Kemal Kerincsiz, now indicted in a national conspiracy to overthrow the government – focused on the two men’s missionary efforts as defaming Islam.

Due to lack of proof and no-shows by the prosecution team’s witnesses, the converts from Islam believe they will be acquitted in their next hearing on May 28.

Turkey has come under recent criticism over its handling of religious minority rights by a Council of Europe report, accusing the country of “wrong interpretation” of the Lausanne Treaty as a pretext for refusing to implement minority rights, according to the Hurriyet Daily News.

The 1923 treaty, penned between Turkey and European powers following the collapse of the Ottoman Empire, only recognizes Greeks, Jews and Armenians as minority populations in Turkey.

More troublesome, Turkey’s basis of rights for its non-Muslim minorities is built upon reciprocity with Greece’s treatment of its Muslim minorities. This basis pushes both nations to a “lowest-common denominator” understanding of minority rights, rather than a concept of universal freedoms, the report said.  

Report from Compass Direct News


Ministry of Justice decision suggests spreading Christianity may be unlawful in Turkey.

ISTANBUL, March 20 (Compass Direct News) – Turkey’s decision last month to try two Christians under a revised version of a controversial law for “insulting Turkishness” because they spoke about their faith came as a blow to the country’s record of freedom of speech and religion.

A Silivri court on Feb. 24 received the go-ahead from the Ministry of Justice to try Christians Turan Topal and Hakan Tastan under the revised Article 301 – a law that has sparked outrage among proponents of free speech as journalists, writers, activists and lawyers have been tried under it. The court had sent the case to the Ministry of Justice after the government on May 8, 2008 put into effect a series of changes – which critics have called “cosmetic” – to the law.

The justice ministry decision came as a surprise to Topal and Tastan and their lawyer, as missionary activities are not illegal in Turkey. Defense lawyer Haydar Polat said no concrete evidence of insulting Turkey or Islam has emerged since the case first opened two years ago.

“The trial will continue from where it left off – to be honest, we thought they wouldn’t give permission [for the case to continue],” said Polat, “because there was no persuasive evidence of ‘degrading Turkishness and Islam’ in the case file.”

A Ministry of Justice statement claimed that approval to try the case came in response to the original statement by three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – 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.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms, and Polat said 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,” said Polat. “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 contended that prosecuting lawyers have given political dimensions to the case by rendering baseless accusations in a nationalistic light.

“From their point of view, missionary activity carried out by missionaries of imperialistic countries is harmful for Turkish culture and the country overall,” Polat said.

Tastan said that although he has always been confident that he and Topal will be acquitted, the decision of the Ministry of Justice to try them under Article 301 left him deeply disappointed in his own country.

“After this last hearing, I realized that I didn’t feel as comfortable as I had been in the past,” Tastan told Compass. “I believed that surely the Ministry of Justice would never make the decision they did.”

Tastan said he was uneasy that his country would deem his Christian faith as insulting to the very Turkishness in which he takes pride.

“This is the source of my uneasiness: I love this country so much, this country’s people, that as a loving Turk who is a Christian to be tried for insulting Turkey has really cut me up,” said Tastan. “Because I love this nation, I’ve never said anything against it. That I’m a Christian, yes, I say that and I will continue to do so. But I think they are trying to paint the image that we insult, dislike and hate Turks. This really makes me sad and heartsick.”

If nothing else, Tastan said, the trial has provided an opportunity for Turkish Christians to show God’s love and also make themselves known to their compatriots. He called the ministerial decision duplicitous.

“A government that talks the European Union talk, claims to respect freedom, democracy, and accept everyone, yet rejects me even though I’m a Turkish citizen who is officially a Christian on his ID card, has made me sad,” he said. “That’s why I’m disappointed.”



At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which last week acquired official association status and is now called “The Society for Propagating Knowledge of the Bible.” In the last court hearing, prosecutors demanded that further inquiries be conducted into the nature of the association since the defendants used their contact lists to reach people interested in Christianity.

“Because they think like this, they believe that the Bible center is an important unit to the missionary activities,” said Polat. “And they allege that those working at this center are also guilty.”

The court has yet to decide whether police can investigate the Christian association.

Polat and the defendants said they believe that as no evidence has been presented, the case should come to a conclusion at the next hearing on May 28.

“From a legal standpoint, we hope that they will acquit us, that it will be obvious that there is no proof,” said Tastan. “There have only been allegations … none of the witnesses have accused us in court. I’m not a legal expert, but I believe that if there is no proof and no evidence of ‘insulting,’ then we should be set free.”

The initial charges prepared by the Silivri state prosecutor against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that Christian missionaries were trying to form illegal groups in local schools and insulting Turkishness, the military and Islam.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six gendarme soldiers to testify as prosecution witnesses, none have stepped forward to do so. 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.

“We believe the case has arrived to a concluding stage, because all evidence has been collected and the witnesses have been heard,” Polat said. “We believe the accused will be dismissed. The inverse would surprise us.”

Polat underlined that while the case shows that human rights violations in Turkey are still a “serious problem,” it is also true that Turkey’s desire to join the European Union has brought sincere efforts to improve democratic processes. He attested, however, that establishing a true democracy can be a long process that requires sacrifices.

“It is my conviction that there is no other way for people to believe in and establish democracy than through struggle,” he said.

Tastan added that he sees hope that the notion that being “Turkish” means being Muslim is breaking. Due to exposure to media coverage of the murder trial of the April 18, 2007 slaughter of three Christians in Malatya, he said, Turks are becoming aware that there are fellow citizens who are Christians and are even dying for their Lord.

“This makes me happy, because it means freedom for the Turkish Christians that come after us,” said Tastan. “At least they won’t experience these injustices. I believe we will accomplish this.”

For the time being, though, the Ministry of Justice’s decision that Tastan and Topal can be tried under the revised Article 301 law appears to contribute to the belief that to promulgate a non-Islamic faith in Turkey is tantamount to treason. As Turkish online human rights magazine Bianet headlined its coverage of the decision, “Ministerial Edict: You Can Be a Christian But Do Not Tell Anyone!”  

Report from Compass Direct News