TURKEY: LAWYERS MOVE TO EXPAND SCOPE OF MALATYA TRIAL


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

TURKEY: MALATYA MURDER CASE AIDS PROBE OF ‘DEEP STATE’ CRIMINALS


Video testimony, reenactment of crime scene hints at hearts of killers, martyrs.

ISTANBUL, November 25 (Compass Direct News) – Last week’s court hearing on the bloody murder of three Christians in Turkey’s southeastern city of Malatya paved the way for further investigations into the connection between the five defendants and shadowy elements of the Turkish state linked to criminal activities.

The 13th hearing at Malatya’s Third Criminal Court on Friday (Nov. 21) in the murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske presented little new evidence. No witnesses were called to testify.

The court prosecutor and plaintiff lawyers, however, are pursuing proof that there are links between the murderers and Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy in recent murders.

A separate criminal investigation has linked the cabal to high-profile attacks, murders and plans to engineer domestic chaos and ultimately overthrow the government. Evidence in the Malatya case indicates that a local journalist, Varol Bulent Aral, acted as a bridge between the five murder suspects and Ergenekon.

Plaintiff attorneys also believe that Aral incited the suspected ringleader of the attack, Emre Gunaydin, to murder by convincing him foreign missionaries were connected to the Kurdistan Worker’s Party, a domestic outlawed terrorist organization.

According to a Nov. 14 statement, Gunaydin testified that Aral promised him state immunity for the planned attacks. In court last week, however, he refuted the claim and said he hadn’t met with Aral.

On April 18, 2007 the three Christians were tied up, stabbed and tortured for several hours before their throats were slit in what Turkish media have dubbed “the Malatya massacre” at the Zirve Publishing Co. office in Malatya.

Gunaydin along with Salih Gurler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who have been in jail for the past 19 months, are accused of the murder. They are all between 19 and 21 years old.

Per their request, plaintiff attorneys have received the Ergenekon file from the 13th High Criminal Court of Istanbul and have reviewed it for connections with the Malatya murders. It is now under investigation by the court prosecutors and judges.

“We are talking about a room with five guys and three men,” said Orhan Kemal Cengiz, who leads the team of plaintiff lawyers. “There is no doubt this is first degree murder; a barbaric act. These things will increase their term of punishment to three counts of murder and three life imprisonment terms each, as well as other crimes such as preventing freedom, stealing and others. We don’t have a question about this.”

The question that remains, according to the plaintiff attorneys, is the identity of the real powers behind the bloody attack. Cengiz said he and the court now have no doubt there were greater forces behind the Malatya murders.

“I am 100 percent sure – it is the impression of the prosecutor and no one has doubts – there are sources behind these young men, but we can’t identify them,” Cengiz told Compass.

The plaintiff team hopes to bring up to 21 witnesses to the stand in subsequent hearings in order to make connections between Ergenekon and the Malatya murders clear.

“We believe all of them are somehow connected and have relevant information to this case,” he said.

If the list is accepted, he said the trial may go on for another year. “But if nothing comes out last minute, it may be over in three or four months,” he said.

 

Missionary Activities on Trial, Again

At Friday’s hearing, defense lawyers reiterated their position that the five young men acted in response to missionary efforts, suggesting that such activities were sufficiently nefarious to incite the violent murders.

The prosecution team rebutted the statement, saying that according to constitutional Articles 9 and 24, people have the right to share their faith, and no person or authority can follow and record those activities. They pointed out that the five defendants had been collecting data and planning the murders at least eight months before they carried them out.

Defense lawyers also requested that the prison where the defendants are held conduct a psychological exam of the defendants – especially Gurler – because they were all under stress due to suspected ringleader Gunaydin’s threats.

 

Revisiting Crime Scene

Those present in the courtroom on Friday viewed year-old video footage of defendants Ozdemir, Ceker and Gunaydin each walking through the crime scene shortly after their arrest, describing how they attacked, stabbed and sliced the throats of Aydin, Geske and finally Yuksel.

A sobering silence prevailed in the courtroom as judges, lawyers, local press, Turkish Protestant observers and others watched Ozdemir and later Ceker walk through the Zirve publishing house and re-enact the murders over the dried blood pools of the three martyrs. In their accounts, they implicated Gunaydin and Salih as the main aggressors, although all accuse the others of participating in the murders.

During the video presentation, judges and lawyers noticed suspect Gurler laughing at the witnesses’ testimonies at the crime scene. In the video, Ozdemir and Ceker testified that they had told Gurler and Gunaydin they couldn’t take the violence.

In the video testimony, Ozdemir said he told Gurler while he was stabbing Aydin, the first to be killed, “That’s enough, I can’t do this.” Ozdemir looked down during his video testimony, forlorn and unable to watch.

Gurler later told angry judges that he was laughing because all the witnesses’ statements in the video were false.

“They’re lying against me,” he said.

In his video account of the murder scene, Ceker described how the five young men and the three Zirve staff members talked “a lot” about religion before the suspects attacked Aydin, tying him and lying him on the floor face down.

Gunaydin confronted Aydin about his missionary activities and asked him why he was acting “against Turks” before Gurler sliced his throat, according to Ceker’s original statement.

In Gunaydin’s video testimony, profusely sweating, he described the repeated stabbings of the victims, re-enacting his arm movements and describing how Ozdemir held a gun at the victims, threatening them.

“I didn’t look,” Gunaydin said after describing one of the violent stabbing scenes. “I’m weak about these things … I can’t even cut chicken.”

He described how while Yildirim and Gurler were repeatedly stabbing Geske, the victim lifted his hands up in a gesture of prayer. Gunaydin also described how Yuksel, injured by the stabbing while tied and on the floor, cried out in Turkish, “Mesih, Mesih [Messiah],” between moans before they stuffed a towel in his mouth to silence him.

After the court showed his video testimony, Gunaydin stood up and told the court he had just gotten out of the hospital at that time, and that that account was not how he now remembered the events of April 18, 2007.

In their video testimony, the young men described how the phone and doorbell were ringing while they were torturing the Christians. Before coming out the door with their hands in the air, they showed police interviewing them in the video how they had disposed of their guns and bloodied knives in the Zirve office.

Gunaydin escaped through a window, fell and was severely injured. On Friday plaintiff lawyers requested from the court an investigation into who entered the crime scene while Gunaydin was in the hospital.

When the defendants were asked whether they knew of Aral’s alleged offer of state protection to Gunaydin or a monetary award for the murders, they claimed to have no information.

“I never saw a check in the course of these events, nor did I hear anything about it,” said Gurler. “I only knew that Emre had a bank statement.”

Yildirim also claimed ignorance: “I don’t remember anything about a check. If Emre had one, it would have stayed in his pocket; he wouldn’t have showed it to us.”

When asked about meetings between Gunaydin and Aral, the defendants said they hadn’t witnessed any between the two. They did admit to having spoken to Aral at a sports complex about a different matter, but they knew him as “Mehmet.”

 

Foreign Press, Organizations Negligent

Twelve of the nearly 20 private and human rights lawyers from around Turkey that compose the plaintiff team attended the court hearing last week. Cengiz said the primary purpose of the plaintiff lawyers, who are working pro bono, was to create a legal “common eye” that is watching all related cases such as Ergenekon and the murder of Hrant Dink, editor of Armenian newspaper Agos, who was murdered months before the three Christians in Malatya.

But the plaintiff lawyers pointed out that very few international bodies and foreign press members are actively monitoring the case, even though in their estimation the Malatya murders are directly linked to uncovering deep elements of Turkish corruption.

“This case has tremendous implications for democracy and deep-state elements in Turkey,” said Cengiz, who has received numerous threats since the beginning of the trial and lives under 24-hour protection.

“What we have here is a concrete act of the Ergenekon gang and it’s interesting.”  

Report from Compass Direct News

TURKEY: TESTIMONY SHOWS MALATYA MURDERS PREMEDITATED


Witnesses indicate ringleader wasn’t only one planning to kill three Christians.

MALATYA, Turkey, September 15 (Compass Direct News) – Testimony in the murder case of three Christians here indicates the attack was premeditated for at least two suspects, despite the defense team’s insistence that the killers acted spontaneously.

The 11th hearing on the murders at a publishing house in this southeastern city 17 months ago took place Friday (Sept. 12) at the Malatya Third Criminal Court. Two Turkish Christians who converted from Islam, Necati Aydin and Ugur Yuksel, and a German, Tilmann Geske, were brutally tortured and killed on April 18, 2007.

Mahmut Kudas, one of the three witnesses called to testify, said murder suspect Cuma Ozdemir met with him the week before the murder and said that he was going to tell him something important.

“If you don’t hear from me by Friday, someone will call you and tell you the location of a letter. Get the letter and give it to the person who called you,” Ozdemir said to Kudas on April 13, 2007, the Friday before the attack on the following Wednesday, according to his testimony.

When Kudas asked him why, Ozdemir replied, “There are 49 house churches and priests in Malatya.” When Kudas asked him what he was thinking of doing, he replied, “Those who know this will die. I will become a martyr.”

Kudas, 20, lived in the same dormitory as many of the other suspects. When he asked Ozdemir if Emre Gunaydin, the suspected ringleader of the murders, was the leader of this operation, Cuma Ozdemir nodded in confirmation.

The five accused murderers are Hamit Ceker, Cuma Ozdemir, Abuzer Yildirim, Salih Gurler and Emre Gunaydin. They were all between the ages of 19 and 21 at the time of the murders.

Another witness, Mehmet Uludag, a former classmate of some of the suspects, said he also spoke with Ozdemir before the murders. Uludag said Ozdemir told him that he and two others were about to do something big.

Ozdemir then instructed Uludag, 20, that he would leave a letter at an undisclosed location and that he must call Muammer Ozdemir – who is expected to testify at a future hearing – to learn the whereabouts of the letter. The two must then deliver the letter to the police or the gendarme, Cuma Ozdemir told Uludag.

“If I come through, I will explain all this to you. If I am lost, then read the letter. It will explain everything,” he reportedly told Uludag.

On the day of the murders, Uludag sent Muammer Ozdemir a text message asking for the whereabouts of the letter. The latter told him it was under a bed in the dormitory, but Uludag did not retrieve it since he was questioned by the police the same day.

 

Aiding Murderers

The letters in question are similar to those mentioned by suspect Hamit Ceker in a previous hearing. He said in his interrogation that the night before the murder, he and another of the defendants had sat in the hall of their dormitory, writing a letter to their families in case things did not turn out well.

Both Kudas and Uludag said they did not report this suspicious behavior, as they believed Cuma Ozdemir was exaggerating rather than engaged in a conspiracy.

In forthcoming hearings the plaintiff attorneys will try to accuse these witnesses of aiding and abetting the murderers, said Orhan Kemal Cengiz, leading the team of plaintiff lawyers.

“They knew what was going to happen, so they should have talked to prosecutors or police officers,” Cengiz told Compass, criticizing the witnesses for withholding information.

The third person to testify in the trial was Gunaydin’s former girlfriend, Turna Isikli, 21. She said the day before the murder Gunaydin sent her a text message and said, “Tomorrow I will be interrogated.” She said she thought this referred to a meeting with his father about issues related to school.

 

Accusations, Tempers Flare

The testimonies indicate that at least two of the suspects planned the murder of the three Christians, contradicting their earlier statements that they came to the publishing house with no intent to kill the evangelicals.

In a Jan. 14 hearing, accused killer Hamit Ceker claimed the group of five men only planned to seize incriminating evidence against the Christians, although they carried guns, rope, knives and a pair of plastic gloves.

In a subsequent hearing on June 10, the five men declared their innocence and blamed one or more of the others. Most of the blame fell on suspected ringleader Gunaydin, whom the suspects claimed murdered the three Christians. The other four suspects said they only obeyed him for fear of his alleged police and mafia connections.

Gunaydin has claimed that all five planned to raid the office together. In a May 12 hearing he implicated suspect Salih Gurler for leading the attacks, saying violence exploded when Aydin slandered Islam and said Jesus was God.

Tensions flared at one point in Friday’s hearing when Gunaydin noticed one of the plaintiff attorneys drinking from a water bottle. Pious Muslims are currently observing the month of Ramadan in which eating and drinking are prohibited from sunrise to sunset.

“This is the month of Ramadan and we are fasting, but you are drinking water across from us,” Gunaydin said. “Show a little respect.”

“What shall we do, make them fast?” responded judge Eray Gurtekin, according to Sabah national daily.

Gunaydin also raised eyebrows when he stood up and lashed out at plaintiff attorney Ozkan Yucel when his cellular phone rang in the courtroom. He said, “Turn off your phone, you are disturbing my concentration.”

The case took an important twist in the 10th hearing on Aug. 21, when prosecuting attorneys suggested that shadowy elements deep within the Turkish state orchestrated the murder.

In the last hearing 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 these members to high-profile attacks, murders and plans to engineer domestic chaos and ultimately overthrow the government.

Ergenekon was not mentioned at Friday’s hearing because the plaintiff lawyers have not received the investigation file from Istanbul. They requested the file at the Aug. 21 hearing in Malatya.

The far-reaching conspiracy and its connection to the Malatya case, however, has had a positive impact on the criminal proceedings, plaintiff lawyers say: The judges are far more cooperative than the beginning of the case, in which they frequently rebuffed demands from the prosecution for evidence and witnesses.

“This last hearing was the first time the court accepted nearly all demands from us,” said plaintiff attorney Cengiz. “They are taking the case much more seriously now because there are many indications this is not the work of five youngsters but of dark forces behind the scenes.”

 

Protestants Targeted

The recent hearing comes amid complaints from Turkey’s tiny Protestant community that it is being targeted for violence.

On Sept. 5 the Turkish Alliance of Protestant Churches filed a complaint to the Prime Ministry’s Human Rights Directorate that security forces were not offering them adequate protection in the face of increasing attacks, according to Sabah.

Turkish police responded to the complaints and released information on recent attacks against Christians. They said a majority of attackers were not arrested, and those that were detained merely paid a fine and were later released.

Susanne Geske, wife of the martyred Tilmann Geske, filed a lawsuit against the Turkish Ministry of Internal Affairs on Wednesday (Sept. 10) for not taking preventative measures against the murders. The lawsuit calls for 630,000 Turkish lira (US$507,000) for physical and immaterial compensation.

Geske’s lawyer, Ibrahim Kali, told NTV, “It is the basic duty of a government to protect the rights of life and freedom of religion and conscience. But the government did not protect the liberties of religion and conscience of those close to my client.”

The next hearing in the Malatya murder case is scheduled for Oct. 16.

Report from Compass Direct News