Assailant in Street Attack in Turkey Ordered Released

Court ignores ‘religious hostility’ of Turk who held knife to Christian’s throat.

ISTANBUL, February 12 (CDN) — An Istanbul court has ordered the release of a jailed Turk who publicly threatened and held a knife to the throat of a Christian he attacked six months ago.

In a ruling on Wednesday (Feb. 10), the Kadikoy Seventh Court of First Instance convicted Yasin Karasu, 24, of making death threats and mounting an armed attack against Ismail Aydin. Shouting to attract passersby as he held a knife to Aydin’s throat on Aug. 3, Karasu had denounced the Christian as a “missionary dog” who had betrayed Turkey by leaving Islam and evangelizing others.

The crime is punishable by four years in prison, but Justice Tahsin Dogan ruled that Karasu should be released unconditionally, without serving the remainder of his sentence.

After the attack last August, the 48-year-old Aydin had declined to press charges against his assailant, who was taken into police custody at the scene. But state prosecutors charged Karasu under criminal statutes for making armed threats, obstructing another’s freedom, and attempted harm with a weapon.

He was then sent to prison for the duration of criminal investigations into the case.

After an initial hearing on Jan. 12, Karasu appeared in Istanbul’s Kadikoy district courthouse this week for a second trial hearing. Arriving in handcuffs from Istanbul’s Metris Prison where he has been incarcerated for the past six months, Karasu erupted in several emotional outbursts as he entered the courthouse with an escort of gendarmerie guards.

At the outset, the prisoner heatedly refused to accept the lawyer his father hired to represent him in court. After a guard removed his handcuffs before he entered the courtroom, Karasu took out of his pocket several handwritten pages, which he said he would submit in his own defense.

Under Turkish law, Karasu’s conviction should have left him with a four-year jail term for his death threats and armed attack on Aydin. But the prosecutor, applying a frequently used law of procedures, cited the defendant’s “respectful behavior, condition and manners in the courtroom in his favor” and declared that Karasu’s good conduct had earned him a one-sixth reduction (eight months) in his sentence.

Together with the six months Karasu has already been jailed, that reduced his four-year prison term to a remaining two years and 10 months.

Nevertheless, the court ruled for Karasu’s unconditional release. The Court of Appeal must approve this sentence, however, and his actual release then must be formally approved in writing by the Administrative Board of Penalties.

“It seems that the judge did not take into account at all that this crime was committed with religious hostility,” one member of the legal committee of Turkey’s Association of Protestant Churches told Compass. “That, in my view, should have aggravated the crime and sentence.”

Human rights lawyer Orhan Kemal Cengiz, after reviewing Wednesday’s court record, agreed.

“This is also a crime against the freedom of religion,” Cengiz said. “This should be another factor to be taken into account, and the sentence should be increased accordingly.”

Karasu had taken Aydin hostage by grabbing him around the neck, holding a knife blade to his throat and forcing him along the street to a busy intersection in Istanbul’s Kadikoy district. Within minutes both TV crews and police arrived at the scene, watching as Karasu wrapped Aydin’s head in a large Turkish flag and continued to taunt him as a traitor to the nation.

“I want to see him set free,” Aydin commented outside the courtroom before this week’s hearing. Aydin, who converted to Christianity 22 years ago, said he had forgiven Karasu.

Aydin said Karasu had made contact with him several times during the year previous to his attack, asking him questions about the Christian faith. He said Karasu, who was unemployed when he attacked him, had experienced emotional problems and depression while completing the last months of his military service.

Karasu’s father, who traveled from Erzurum to attend this week’s hearing, told Compass that he could not understand what had caused his son to launch such an attack against Aydin. Confirming that his son had received psychological treatment in the past, he declared his intention to take him back to Erzurum after his release, so that he could live at home and undergo more psychological therapy.

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