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 

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