Court Seeks Help to Link Murders in Turkey to ‘Deep State’

Reports mount linking top gendarmerie officials to Malatya slaughter.

MALATYA, Turkey, November 17 (CDN) — Judges and prosecutors in the trial regarding the murder of three Christians in this southeastern city in Turkey on Friday (Nov. 13) renewed their request for help from the Istanbul High Criminal Court as reports mounted linking the slayings to top gendarmerie officials.

The Malatya court judges overseeing hearings on the murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske requested that the Istanbul criminal court establish whether the case was linked to the controversial cabal of military, political and other influential figures, Ergenekon, which has allegedly been trying to overthrow the government by upsetting Turkey’s peace.

For the last two and a half years prosecuting lawyers have established the case that Emre Gunaydin, Salih Gurler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who were caught at the murder scene on April 18, 2007, were not acting independently but were incited by Turkey’s “deep state,” an expression of which is Ergenekon. Seven months ago the Malatya court requested from prosecutors on the Ergenekon case at the Istanbul high court to examine whether the two cases were connected. They have not received a reply yet.

The court and various mainstream media have received informant letters with specific names linking the murders to top gendarmerie officials. Last month a Turkish newspaper received a list of payments the gendarmerie made to informants to physically follow and collect information on Christians in Malatya. Phone trees also show calls made from the murderers to two alleged “middle-men,” Huseyin Yelki and Bulent Varol Aral, gendarmerie officials and other nationalist figures in Malatya.

“We are expecting the Istanbul prosecutor to make a careful investigation and give us a response and attest to the connections the court has found,” said prosecuting attorney Erdal Dogan on Friday during a press briefing. “The actions of these men who are on trial were not independent, and from the beginning we believed they were organized by Ergenekon. Our theories have become more concrete, and we are expecting the Istanbul prosecutor to investigate these closely, establish the connections and give us a response.”

Lawyers said that informant letters, testimonies and other evidence have only confirmed their original suspicions. The most striking of these is that the local gendarmerie forces were following activities of Christians in Malatya in the months leading up to the murders and afterwards yet did not stop the young men from stabbing and slashing the three Christians to death.

“If you have been watching a small, tiny group so closely,” said lawyer Orhan Kemal Cengiz, “how could it be possible that you disregard this murder? This is a legitimate question which requires ordinary intelligence.” 

Last month the head of Istanbul police intelligence, Ramazan Akyurek, was demoted amid allegations that he had neglected to investigate three Christian murder cases between 2006 and 2007. When Turkish news reporters asked Dogan whether prosecutors would make a request to investigate whether Akyurek played a greater part in the murders, he said that it was not out of the question.

The five young suspects were apprehended after Zirve Publishing Co. workers went to the publishing house to find out why the three Christian men were not answering their phones. Finding the door of the office locked and getting no answer, they called police. In a report prepared by Akyurek’s department, his staff claimed that the murderers were apprehended thanks to phone tapping – which attorney Dogan said is a lie.

“According to a report, they said that they had been listening to the murderers’ phones and following them, and that that’s how they found and arrested them,” said Dogan. “You know this is a lie. The five men were arrested haphazardly. We know that. We also know that the gendarmerie was in fact listening to their conversations, but there’s something interesting here: On the one hand they are listening to the criminals’ phones, but on the other they couldn’t thwart the crime.”

Prosecuting lawyers said that this makes both Akyurek’s department and the gendarmerie guilty of being accomplices to the crime, and that they should be tried along with the five young men.

“They should stand trial for not thwarting a crime and failing to perform their duties,” said Dogan. “They [gendarmerie and the police intelligence security] should be tried under Article 8 of the penal code as accomplices because they are connected. This is not a question of removing someone from his position. They should stand trial with the men who are now on trial.”

The lawyers expressed frustration at being able to see the bigger picture yet not having enough evidence to proceed, as well as with having to wait on the Istanbul prosecutor for more evidence.

“It is crystal clear,” said attorney Cengiz. “There is a much bigger agenda and much more complex connections. We convinced everyone, but we cannot do this beyond reasonable doubt; we can’t prove it. We are blocked, actually.”

Cengiz explained that as lawyers for the victims’ families, they are not in a position to collect evidence.

“We are heavily dependent on what the prosecutor is doing, and unfortunately they are not able to do much,” he said.

Cengiz said that although the case was complicated and the Malatya judges resisted their arguments at the outset of the hearings, now they agree with the prosecuting lawyers that there is a broader network behind the murders.

“Now they are very clear – they know what happened and what kind of connections there are, etcetera, but they are fighting against a dragon,” said Cengiz. “So they desperately sent this request to the prosecutor in Istanbul, hoping that it will be the Istanbul prosecutor who will create these links rather than them. It should be vice versa because they have all these details, but they are not ready for this confrontation.”

Cengiz explained that while the Malatya court has a better understanding of the case than the Istanbul prosecutors, the advantage of the Istanbul High Criminal Court is that it has the backing of the Justice Ministry and is better positioned to take on the powers that may be behind this and other murders. 

“They can’t take the responsibility because this is just a tiny court in the remote part of Turkey, so how can they confront the reality?” he said.

The next hearing is set for Dec. 25, and prosecutors expect that by then the 13th Istanbul High Criminal Court will have sent an answer about connections of the murders to Ergenekon. They are also expecting the prosecuting judge to demand all five of the young men be charged with “three times life imprisonment,” plus additional years for organizing the crime.

“In our estimation, until now in a bizarre way the accused are acting like they have been given assurances that they will be forgiven and will get off the hook,” Dogan commented on the comfortable demeanor of the five men in court and their denial that others were behind the murders. “In the last months we see a continuation of the attempts to wreak havoc and chaos and overthrow the government. So we think whoever is giving confidence to these guys is affecting them. It is obvious to us that there is a group actively doing this. That means they are still trying to create chaos.”

Last week Ergenekon prosecutors found a hit-list consisting of 10 prominent representatives of minority groups as well as subscribers to Armenian weekly newspaper Agos, whose editor-in-chief was murdered three months before the Christians in Malatya. Cengiz explained that Ergenekon members are obsessed with purging Turkey of non-Muslim elements and non-Turkish minorities, which they see as a threat to the state.  

“They were trying to create chaos in Turkey, and of course they were trying to send a clear message to members of non-Muslim groups that they are not wanted in Turkey,” said Cengiz of the way the three Christians in Malatya were murdered. “They did it in a horrendous, barbaric way. This was also part of the message. Everything was planned but not by them, by other people. They are just puppets.”

Further Evidence of Cabal

This week Turkish news magazine Yeni Aktuel published a five-page article with pictures chronicling the “anti-terrorist” activities of a counter-guerilla team leader identified only by his initials, K.T.

In the article, K.T. described how for years he and his team pursued and killed members of the outlawed Kurdish Worker’s Party (PKK). Anti-guerilla activities in Turkey are paramilitary efforts managed by the “deep state.”

In K.T.’s account, he claimed that during his time in Malatya he met with members of an ultra-nationalist group who talked about murdering Hrant Dink, editor of Agos. Also during that time, members of the group spoke about how those who distributed Bibles in Malatya had to be “punished.”

One of the members of this group was a high school teacher called “O.” The teacher said that he arranged to be out of town before the Malatya murders, because police were following him and he wanted to make sure that they could not connect him to the Malatya murders.

Report from Compass Direct News 

Mexican High Court Frees Nine Men Accused in Acteal Massacre

Joy mixes with disappointment as 28 of 57 convicted in Chiapas remain in prison.

MEXICO CITY, November 6 (CDN) — More than 35 mainly evangelical Christian prisoners unjustly accused in the December 1997 massacre in Acteal, Chiapas had hoped they would be released from jail this week, but after long deliberations the Supreme Court of Mexico on Wednesday (Nov. 4) ruled only nine should be freed and ordered new trials for 16 others.

The high court thus ended its involvement in the controversy over the ordeal of the peasant laborers, ordering the release of the nine men – without declaring them innocent – and retrials for 16 others, this time without “invented” evidence and testimony. Those 16 men, plus several others including six who had previously been granted retrials, remain in prison.

In a 4-1 vote, the court ruled the federal attorney general violated legal process, fabricated evidence and false testimonies, formulated non-existent crimes and provided no concrete argument establishing culpability of the nine men.

Supreme Court Justice José Ramón Cossío Diaz said the decision to free the men was not a declaration of innocence but recognition of “a lack of impugning evidence” against them in the Dec. 22, 1997 massacre, in which 45 people were killed, including women and children.

“These Indians were condemned and declared guilty as a result of a trial that was plagued with violations,” Cossío Diaz said, according to El Universal. “No material proving their guilt exists.”

When prisoners convicted in the Acteal slayings learned that only nine were being released, they reportedly wept – some for joy, but most from disappointment.

“Everything was invented – I did not kill anyone,” one of the evangelical Christians released, 45-year old Manuel Luna Perez, told Proceso magazine. “Many of our companions [in jail] also know nothing about who planned the massacre.”

The court ruled that federal authorities had used “invented proofs and witnesses” in convicting the men, many of them evangelical Christians supportive of the then-ruling party who had land disputes and other conflicts with their accusers – mainly Roman Catholics sympathetic to the rebel Zapatista National Liberation Army.

At least five of the nine men released were known to be evangelical Christians when they were rounded up 12 years ago: Pablo Perez Perez, Emilio Gomez Luna, Juan Gomez Perez, Hilario Guzman Luna, and Manuel Luna Perez. Also released were Mariano Diaz Chicario, Pedro Lopez Lopez, Juan Hernandez Perez and Ignacio Gomez Gutierrez.

The nine were released from El Amate federal prison in Cintalapa, Chiapas yesterday and transported to Tuxtla where they are temporarily housed.

“There must have been about 200 to 250 people who made the trip [to the prison] – many were spouses and family members anxious to see the men,” said a Compass source in Chiapas. “As per the previous occasion, the people waited patiently outside the prison for the men to be released, only to be disappointed because they were not allowed to speak with them when they left the prison. The men were put in a mini-bus and taken to where they will be housed under government supervision for the next couple of weeks.”

The relatives and others traveled on to the men’s temporary quarters in Tuxtla, where they were able to meet with them, and several of the ex-prisoners’ spouses and other family members are staying with them there, the source said.

The freed men said the government has offered them what it promised 20 prisoners released on Aug. 13, the source said: farmland, help with building houses, water, electricity and other basic amenities, as well as helping them monetarily until they become self-supporting. 


An attorney representing 31 defendants in the case, Jose Antonio Caballero, reportedly expressed disappointment that the high court didn’t free more of those accused. But the attorney told EFE news service that the ruling would help remedy some of the mistakes in the legal process.

In the case of the 16 men to be given new trials, the high court ruled there was sufficient evidence for prosecution to retry them in a lower court in Chiapas. This time, the Supreme Court ruled, the lower court will not take into consideration any of the fabricated evidence or false testimonies, and the charges of use of military weapons and carrying a gun without a license are dropped.

On Aug. 12 the high court ordered the release of the first 20 prisoners (freed the next day), for the same reasons the nine men were released yesterday. All the freed men, mostly evangelical believers who insisted on their innocence, had been sentenced to 25 years and had already served nearly 12.

The most recent group was to have been freed on Oct. 28, but the Chiapas government led by Gov. Juan Sabines requested extra time to present “new proofs which demonstrate the probable responsibility of previous state and federal public officials, as well as civilians” in the massacre, according to La Jornada. Over the years, lawyers have insisted that the men were tried without access to interpreters or legal defenders acquainted with their indigenous culture and customs, as required by Mexican law.

For the past several weeks, families of the condemned men had set up a form of tent protest in the central plaza of Mexico City, attempting to call attention to the plight of their husbands, fathers, brothers and cousins.

With this week’s decision and the decision on Aug. 12, the court has ordered the release of 29 of the total 57 prisoners and retrials for 22 others accused in the Acteal massacre. Those 22 plus six others remain in prison.

Controversy over who killed the 45 people has revolved around whether there was a “massacre” by numerous “paramilitary” villagers or a “confrontation” between a handful of neighboring peasants and Zapatista National Liberation Army rebels. Historian Héctor Aguilar Camín has argued that there was both a confrontation and a massacre, with some overlap between each, but that they were largely separate incidents.

Five confessed killers have testified that they and four others engaged only Zapatista militia to avenge the death of a relative, while the federal attorney general’s office charged that at least 50 pro-government “paramilitaries” descended on a relief camp hermitage full of displaced peasants bent on killing and robbing them. The testimonies of the five confessed killers – four others remain at large – agree that the nine avengers were the only ones involved in the firefights, and that the decision to attack the Zapatistas was a private family decision made with no involvement from government authorities.

They also agree that the sole motive was to avenge the assassination of a relative – the latest of 18 unprosecuted murders by Zapatistas over the previous three months, according to Aguilar Camín.

Government prosecutors unduly dismissed much of the testimony of the five confessed avengers, Aguilar Camín wrote in a 2007 article for Nexos, noting that the killers testified that state security forces were nearby and did nothing. He highlighted the judicial irregularities of the round-up and conviction of the peasants – apprehensions without evidence or warrant, charging 83 people with homicide when only 45 people were killed and lack of translators and attorneys for the suspects, Tzotzil Mayans who did not know Spanish.

Report from Compass Direct News 

Prisoners Freed in Acteal, Mexico Case Yet to Return Home


Christians bear no grudges, fear no threats from accusers.

TUXTLA GUTIERREZ, Mexico, October 12 (CDN) — Alonso Lopez Entzin, a Tzotzil-speaking Christian in Chiapas state, Mexico, spent 11 years and eight months in prison for a crime he did not commit. Accused of participating in the tragic “Acteal massacre” in December 1997 in which 45 persons died near San Cristobal de las Casas, he and more than 80 of his neighbors were summarily arrested and charged with the murders.On Aug. 12, the Federal Supreme Court of Mexico ordered that Lopez Entzin and 19 other indigenous men accused in the Acteal killings – 18 are Christian, including Lopez Entzin – be freed from El Amate Penal facility in Chiapas. Their release came as a surprise to him and his fellow prisoners, as well as to thousands of people in Mexico and around the world advocating their release.

Of the 18 Christians released, only five were Christians when they were arrested; the rest came to trust in Christ while in prison. At least 27 innocent men who were Christians at the time of their arrest remain in prison, according to advocacy organizations.

“I thank God that I have been granted freedom,” Lopez Entzin told Compass. “We are no longer imprisoned thanks to the power of God. There is no other person that has this kind of power, only God.”

The court is reviewing the cases of another 31 men convicted in connection with the massacre. Six more defendants will be granted new trials.

“Right now we see the first fruits of our prayers,” said Tomas Perez Mendez, another of the 20 freed prisoners. “We are confident in the Lord that the rest of the brothers are going to obtain their freedom as well.”

Lopez Entzin added that winning their freedom will not be easy.

“When we were inside El Amate, we began to pray, fast and glorify our Lord Jesus Christ. There are thousands and thousands of brothers who prayed for us inside the jail – thank God He answered those prayers,” he said through tears. “That’s why those brothers who remain behind in El Amate believe that if God’s will is done, they will soon be free.”

Most of the remaining Acteal inmates are evangelical Protestant Christians sentenced to 25- and 36-year prison terms. For years, human rights advocates and legal experts have presented legal arguments showing that the men were convicted on dubious evidence. The district court of the state of Chiapas, however, has consistently ruled against the defendants in appeals.

Attorneys for the defendants finally succeeded in bringing the case before the Federal Supreme Court in Mexico City. The justices who reviewed the case found clear violations of due process and on Aug. 12 overturned the convictions in a 4-1 decision.

The court ruling stated that the decision was not a determination of the guilt or innocence of the men, only that their constitutional rights had been violated during their arrest and conviction.

Though grateful to be free at last, Agustin Gomez Perez admitted that prison was “very difficult, very difficult indeed.”

“There inside the jail, everybody loses,” Gomez Perez said. “I saw it. Many lost their wives, their families, their homes. In the years I was in jail I lost my son. It was May 7, 2005. Twelve families were traveling in a truck to visit us in El Amate. They had an accident, and my 3-year-old son Juan Carlos was killed.”

Inmates expressed gratitude for church groups and international organizations that lent support to their families during their incarceration. Some groups supplied chicks, piglets and coffee plants for wives and children to raise on family plots. A volunteer team of doctors and nurses from Veracruz provides free treatment to prisoners and their dependents.

The prisoners said that one of the greatest helps was regular visits from their families. International Christian organizations raised money for bus fares and chartered vehicles to ensure that the prisoners’ families, who could not otherwise afford the travel, saw their husbands and fathers as often as possible.

Normalcy Not Returned

Despite being freed, the 20 men have yet to resume normal life with their families.

“When I left jail, I didn’t think I would be stuck half-way home,” Gomez Perez said. “I was thinking I would come home and see my wife and children. But we haven’t got there. We are left here half-way home.”

“Half-way home” for the released men is the market district in hot, bustling Tuxtla Gutierrez. They are living in makeshift half-way houses provided by the federal government, awaiting resettlement on land that state authorities have promised them.

Compass met with seven of the former inmates in a rented building they occupy with their wives, children and, in some cases, grandchildren. The families share windowless, sparsely furnished rooms with bare cement floors. Government food rations sustain them. While the half-way house is better than prison, it is nothing like the lush, green Chiapas mountains to which they long to return.

The men agreed to the relocation scheme because the farms they worked before going to prison have long since reverted to their heirs or, in some cases, neighbors. They welcome the assistance to get back on their feet financially.

Government officials, however, insist that the Acteal prisoners must relocate to new communities because they fear violent clashes will flare between them and their old rivals.

The seven freed men were unanimous in their opinion that such confrontations would not happen.

“In the first place, we do not agree with what the government is saying,” Gomez Perez said. “We hold no grudges against those who accused us. What happened, happened. We are not thinking vengeance.”

Perez Mendez agreed with Gomez Perez that the men feel no ill will against those who accused them and no resentment for what they suffered in jail.

“God does not want that we hold grudges or take vengeance against anyone,” he said. “There is not really much danger out there in our communities either. When people saw the news on television on Aug. 12 that we were getting out, they were happy. Well, now we hear that they found out we are not coming home, that we are here in Tuxtla, and some are saying, ‘Why don’t they come home? Tell them to come.’”

The Acteal prisoners have reason to hold grudges. Their attorneys say many of them were arrested in random police sweeps in the days following the massacre simply by being in the wrong place at the wrong time. Public indignation over the brutal slayings, fueled by numerous inflammatory press releases from Las Abejas, a civic group whose members were primary targets in the massacre, as well as by the left-leaning human rights organization Fray Bartolomé de las Casas, swelled to fever pitch in December 1997.

Authorities responded by arresting dozens of “suspects,” without evidence or warrants, to quell the outcry.

Some Acteal defendants found themselves accused of the crime by allies of the rebel Zapatista guerrilla army. A land dispute between Zapatista sympathizers and opponents of the rebels intensified during the waning months of 1997, claiming the lives of 18 indigenous men, the majority of them Protestant Christians. Attorneys say indifferent law enforcement officers failed even to investigate the murders, let alone arrest the perpetrators.

Frustrated with the authorities’ foot-dragging and desperate to defend themselves against further aggression, nine indigenous young men armed themselves and confronted their enemies on Dec. 22, 1997. The ensuing firefight and subsequent massacre at the Catholic hermitage in Acteal ended with 45 dead, many of them women and children who were participating in an Abejas-sponsored program that day.

Five of the nine armed men have confessed to participating in the Acteal shootings and insist they acted alone. Those five are serving prison terms in El Amate. Two others were arrested and released because they were minors at the time of the crime. Two more remain at large and, ironically, have reportedly come under the protection of the Zapatistas.

Las Abejas and its allies continue to assert that that the Acteal killings were carried out by “paramilitary” units equipped and assisted by the Mexican army. With the passage of time, many of those who hold this thesis have admitted that most of the Acteal prisoners did not, in fact, participate in the shooting. Nevertheless, they insist that until the “intellectual authors” of the atrocity come forward and confess, not one prisoner – even though innocent of the crime – should be released.

That strange logic has helped to keep more than 50 innocent men in prison for nearly 12 years.

“It is certain that we suffered an injustice for nearly 12 years,” Perez Mendez said. “A lot of people tell us that we are guilty. But as far as we are concerned, God knows all. We did not commit that crime.

He implored Christians to pray for the innocent men who have yet to be released.

Pray as well for we who are not at home in our communities,” he said. “I ask that you not forget us.”Report from Compass Direct News 


Two key figures in Malatya murder trial again fail to show despite court orders.

MALATYA, Turkey, July 21 (Compass Direct News) – Under the pretext of recovering from medical treatment he received earlier this month, a key suspect in the murders of three Christians in southeast Turkey dodged court for the second time, further stalling the legal process, prosecuting attorneys said.

Journalist Varol Bulent Aral, one of the suspected “middlemen” who allegedly incited five young men to brutally murder Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske at the Zirve Publishing Co. in Malatya two years ago, again failed to show at a hearing on Friday (July 17).

The three Christians were bound and tortured before they were murdered on April 18, 2007 at the Christian publishing house, where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught trying to escape from the scene of the crime.

Aral was admitted for mental health treatment a few days after the last hearing in June and was released from the Adiyaman penitentiary hospital on July 8. The gendarmerie, however, failed to produce him in court on Friday (July 17) claiming that he was recovering from treatment.

Prosecuting attorneys pointed out that the reason the gendarmerie did not bring him to the June hearing from the penitentiary in Adana, nearly 300 kilometers (186 miles) from Malatya, was due to lack of funds – yet the gendarmerie seemed to have no trouble finding funds to take him for treatment in Adiyaman, which is the same distance from Adana as is Malatya.

“Last time [in June] they said they couldn’t bring him because of insufficient funds,” said prosecuting lawyer Erdal Dogan. “This is unacceptable… now in the same way they make excuses, saying they took him to the hospital. It seems they are mocking us, especially since previous health reports said that he was in good health.”

Prosecuting attorneys also pointed out that it was suspicious that Aral was admitted to the hospital only days after a court order that he appear at the July 17 hearing.

“It seems to us that they are trying to silence him by making him evade court,” said prosecuting attorney Dogan of the “deep state” officials that he and his colleagues believe masterminded the murders of the three Christians. “I truly hope that is not the case.”

Charged with high-security cases, the gendarmerie are holding Aral, but some believe the gendarmerie and its intelligence services are connected with Turkey’s “deep state.”

In the last year, nearly 150 people have been arrested in Turkey under suspicion of being connected to a cabal of retired generals and politicians called Ergenekon, accused of trying to overthrow Turkey’s Islamic-leaning but secular government. Some key figures of the Ergenekon case are believed to be behind the Malatya slayings and the murders of Italian Catholic priest Andrea Santoro, killed in the Black Sea coastal town of Trabzon in February 2006, and Armenian Christian editor Hrant Dink, who was shot in front of the weekly Agos three months before the slaughter in Malatya.

The Malatya and Ergenekon prosecutors, however, are still researching links between the murders and have yet to try them jointly.

Aral has been arrested in conjunction with both cases. In a previous statement, he had complained that retired Gen. Veli Kucuk, who has also been arrested in connection to Ergenekon, had threatened him about testifying. Aral testified to the Ergenekon case state judges privately in May, but the content of his testimony has not been publicized.

Judges have found the phone numbers of ultranationalist lawyer Kemal Kerincsiz and Sevgi Erenerol, spokesperson for the Turkish Orthodox Church – a Turkish nationalist denomination – in Aral’s personal phone book. Both figures are accused of playing leading roles in Ergenekon and spearheaded prosecution of Christians Hakan Tastan and Turan Topal for speaking to people about their faith.

While in prison, alleged ring-leader Gunaydin testified to the state prosecutor that Aral had contacted him and instructed him to carry out the murders. Gunaydin had also testified that Huseyin Yelki, who worked as a volunteer at the Zirve office, had planned details of the crime with him.

Yelki is still obligated to appear at every court hearing and continues to be a suspected middleman. Thus far, however, his testimony has yielded no clear indication of his role.

Burcu Polat, Gunaydin’s girlfriend, also failed to appear in court on Friday, telling police that she was not ready because she is a student in Balikesir, in northwest Turkey. The prosecution noted in court that universities are not in session and requested that the court find her guilty of not fulfilling her duty to appear in court.

The court again has ordered Aral and Polat to appear in court at the next hearing on Aug. 21.

Report from Compass Direct News