Alleged ‘Middleman’ Arrested in Malatya, Turkey Murders

Two key witnesses’ testimonies connect suspects to higher-level ‘masterminds.’

ISTANBUL, October 21 (CDN) — A court in southeast Turkey on Friday (Oct. 15) ordered the arrest of a suspected “middleman” linking the murder of three Christian men to alleged high-level masterminds.

The arrest order came after the testimonies of a former prison inmate and an incarcerated ex-gendarmerie intelligence worker at Friday’s hearing. Journalist Varol Bulent Aral – one of the suspected “middlemen” who allegedly incited five young men to stab to death Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske at the Zirve Publishing Co. in Malatya – was re-arrested at the hearing.  

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.

Attorneys said the last hearing of the Malatya murders was productive in tracing links between the five murderers and political masterminds whom prosecution lawyers claim are behind the slayings. A key witness, Orhan Kartal, was instrumental in proving that Aral was behind the murders, lawyers said.

“Not only this witness, but Emre also accused Aral before and then changed his statement,” said one of the prosecuting lawyers, Orhan Kemal Cengiz. “Before he retracted his statement, he gave details that couldn’t have been fabricated. So from the beginning we saw Aral was involved but couldn’t prove it.”

Kartal spent two months in prison with Aral in Adiyaman in 2008, where they were both held for crimes not related to the Zirve murders. Kartal said that while in prison together Aral detailed how he had planned the attack on the Zirve publishing house by psychologically preparing the five young murderers for the gruesome act. According to Kartal, Aral said he gave the young men the weapons they used to kill the three Christians.

In Kartal’s account, Aral also claimed that there was a higher figure behind him, retired Gen. Veli Kucuk. This year Aral completed his previous prison sentence. He is now again in prison as a key suspect in the Malatya murders.

In a previous statement, Aral had complained that retired Gen. Kucuk had threatened him about testifying. Gen. Kucuk has been arrested in connection with Ergenekon, a loose collection of ultra-nationalist generals, businessmen, mafia and journalists who planned to destabilize the government. Evidence in Malatya hearings over the past three years suggests that the murders were instigated by Ergenekon.

Aral has also been implicated in the Ergenekon case, the hearings of which are underway.

Prosecutors believe the Malatya murders are directly linked with a military operation called the Cage Plan within the scope of Ergenekon activities. A document entitled “Cage Plan,” found on a retired general’s computer, described assassinations that targeted the country’s small Christian communities. The document referred to the Malatya murders as a “successful operation.”

A second witness, Erhan Ozen, also in prison for other offenses, worked for the clandestine Gendarmerie Intelligence Organization (JITEM). He said that as early as 2004, JITEM personnel were planning the Malatya murders and the assassination of Armenian editor Hrant Dink.

Ozen said that after a meeting, some co-workers talked about how they were organizing an operation against the three Christians in Malatya in an effort to portray the state as ineffectual. He also testified that the rector of the local university and JITEM were monitoring the activities of the three Christian men.

“He was convincing because he gave many details that were coherent and that confirm each other, so his testimony seems to me authentic,” attorney Cengiz said. “But of course, we will see.”

In April the Malatya court added the Cage Plan indictment to its case file.

Prosecuting lawyer Erdogan Dogan told Compass that this is clear evidence linking the Malatya murders to the Cage Plan. For almost a year, prosecution lawyers have tried to make the case that the two court cases should be merged.

“We had progress in the case,” Dogan said of the two testimonies on Friday. “They might decide to join the two cases in the next court hearing.”

Judges had 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.

This week various media released autopsy pictures and images of police videos showing the five suspects as they walk through the blood-stained Zirve office explaining how they committed the crime.

Lawyers said they did not know who leaked these to the press, but they didn’t think the images would affect the case.

“These will, however, show the country how the young men were incited and murdered the men, full of racism and hatred,” said Dogan. “This will be obvious and should be noted. The state needs to urgently address the fact that these youngsters, or anyone, can become so filled with racism and hatred.”

He said that acceptance and tolerance of other people’s thoughts and beliefs is fundamental, and that the state should teach these values to its people.  

The next hearing of the Malatya murders case is on Dec. 3.

Report from Compass Direct News

Christian Assaulted in Orissa State, India

Extremists in Kandhamal vowed to kill a Christian around date of Hindu leader’s death.

NEW DELHI, September 9 (CDN) — Suspected Hindu nationalists in an area of Orissa state still tense from 2008 anti-Christian violence beat a Catholic father of seven until he fell unconscious on Aug. 20, the 47-year-old victim said.

Subhash Nayak told Compass that four unidentified men assaulted him as he made his way home to Laburi village from the hamlet of Kapingia in Kandhamal district. Hindu extremists in Kandhamal district killed more than 100 people in several weeks of attacks following the murder of Hindu extremist leader Swami Laxamananda Saraswati.

An 80-year-old monk who for decades spearheaded the anti-conversion movement in Orissa’s tribal-dominated areas, Saraswati was shot dead on Aug. 23, 2008. Area church leaders such as Biswajit Pani of Khurda told Compass that villagers in Laburi have planned to attack at least one Christian around that date every year.

Nayak said the assailants left him for dead.

“I could not see their faces as it was very dark, and they tried to poke my eyes with their sticks,” said Nayak, still in pain. “They stomped on my chest with their feet and hit me relentlessly till I fell unconscious. They left me thinking I was dead.”

Nayak said that he was returning from work at a construction site in Kapingia when, about a kilometer from his home in Laburi, a stone hit him. Four men appeared and began beating him.

The stone struck him in the forehead between 7 and 8 in the evening as he was riding his bicycle, he said.

“As I fell on the road with sharp pain, figuring out who hit me, four people came and started to hit me with wooden sticks,” Nayak said.

Asserting that no one had any personal enmity toward him, Nayak said that Hindu extremists in Kandhamal district have been telling people, “We destroyed and burned their houses and churches, which they have rebuilt, but now we will attack their lives, which they cannot rebuild.”

Pani and another area Christian, retired school teacher Tarsish Nayak, said they also had heard Hindu nationalists spreading this message.

Nayak recalled that a year ago, while returning to his village at night around the anniversary of Saraswati’s murder, he heard someone whispering, “Here he comes … He is coming near,” at which point he fled.

“There were people hiding, seeking to attack me,” he said.

Saraswati, a leader of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council), was assassinated by a Maoist group, but Christians were falsely blamed for it. The ensuing anti-Christian attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions. Violence also erupted in Kandhamal district during Christmas week of 2007, killing at least four Christians and burning 730 houses and 95 churches.

The area where Nayak lives and works was one of the worst-hit in the anti-Christian attacks that took place after Saraswati’s assassination.

After regaining consciousness, Nayak strained to stand up and felt blood dripping down his cheeks, he said. His bicycle was lying at a distance, its front light broken.

Nayak said he was not sure how long he lay unconscious on the road, but it was 11 p.m. by the time he managed to walk home. He said it was only by God’s grace that he “slowly, slowly reached home.”

“‘I am dying,’ were my words as I entered home and fell unconscious again,” Nayak said.

His wife Mamta Nayak, two of his children, his parents and eight villagers carried the unconscious Nayak on a cot three kilometers before getting him into an auto-rickshaw and on to Raikia Government Hospital at 1 a.m.

A doctor was summoned from his home to attend to Nayak, who required stitches on the right side of his forehead. He sustained injuries to his right knee, face, an area near the ribs and chest, and he still has difficulty chewing food, Nayak said.

“I feel nausea and pain in my head as I move my jaw,” he said.

Feeling weak from blood loss, Nayak received a saline solution intravenously for eight days in the hospital. He said he earns very little and had to sacrifice some of his valuables to pay the medical expenses. The doctor advised him to undergo a head scan, which he has eschewed as he cannot afford it, he said.

Pani told Compass that Nayak has refused to file any complaints with police out of fear of retaliation.

Nayak explained, “The police will not take any action, and we have seen in the past that I will be threatening my life by doing so.”

Report from Compass Direct News

Conviction of Legislator in India Falls Short of Expectations

In murder of Christian, Hindu nationalist sentenced to seven years for causing ‘grievous hurt.’

NEW DELHI, July 2 (CDN) — Christians in Orissa state had mixed feelings about the sentencing on Tuesday (June 29) of state legislator Manoj Pradhan to seven years in prison for causing grievous hurt and rioting – but not for murder.

“Pradhan is not convicted of murder, but offenses of voluntarily causing grievous hurt by dangerous weapons and rioting were upheld,” attorney Bibhu Dutta Das told Compass. “Pradhan will be debarred from attending the Orissa Legislative Assembly unless the order of conviction is stayed by the Orissa High Court, or if special permission is granted by the court allowing him to attend.”

Kanaka Rekha Nayak, widow of murdered Christian Parikhita Nayak, acknowledged that the verdict on Pradhan and fellow Hindu nationalist Prafulla Mallick in the August-September 2008 violence against Christians did not meet her expectations. She said she was happy that Pradhan was finally behind bars, but that she “expected the court to at least pronounce life imprisonment on Pradhan and Mallick for the gruesome act that they committed.”

Das said he will try to increase the sentence.

“Pradhan spearheaded the riots and has several criminal charges against him – he cannot be let off with a simple punishment,” Das said. “We will be filing a criminal revision in the Orissa High Court for enhancing the period to life imprisonment.”

The day after Pradhan was sentenced, two Hindu nationalists were reportedly convicted of “culpable homicide not amounting to murder” in the burning death of a paralyzed Christian during the 2008 attacks on Christians in Orissa state’s Kandhamal district and sentenced to only six years of prison.

UCAN agency reported that Sushanta Sahu and Tukuna Sahu were convicted and sentenced on Wednesday (June 30) in the death of Rasananda Pradhan, a paralytic burned alive when Hindu extremists set his house on fire on Aug. 24, 2008. Church leaders criticized the lenient sentences.

Manoj Pradhan has been charged in 14 cases related to the August-September 2008 anti-Christian attacks. In seven of the cases he has been acquitted, he was convicted of “grievous hurt” in this one, and six more are pending against him.

Of the 14 cases in which he faces charges, seven involve murder; of those murder cases, he has been acquitted in three.

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats kept witnesses from testifying, the testimony of Nayak’s daughter, 6-year-old Lipsa Nayak, helped seal Pradhan’s conviction.

His widow, Rekha Nayak, told Compass that due to the severe threats on her life that she has received, she and her two daughters were forced to flee the area and go into hiding.

There were around 1,500 Hindu supporters present for this week’s verdict, a source in the courtroom told Compass on condition of anonymity.

“We had to leave the place before the judgment was pronounced and could not enter that area for three or four days after the verdict,” said the source, adding that prosecuting lawyers and human rights activists received the main threats.

Along with the seven years of prison, the Phulbani Court sentenced the Hindu nationalist Bharatiya Janata Party (BJP) member of the Legislative Assembly of Orissa from G. Udayagiri, Kandhamal to a fine a little more than US$100, as it did for Mallick. The verdict came from Fast Track Sessions Court I Judge Sobhan Kumar Das in the Aug. 27, 2008 murder of 31-year-old Parikhita Nayak, a Dalit Christian from Tiangia, Budedipada, in Raikia block of Kandhamal district.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

“I have the highest regard for the judiciary,” Pradhan told Press Trust of India after this week’s verdict. “We will appeal against the verdict in the higher court.”

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that the judgment was “a good boost to the Christian community.”

“When the trials were on, the Nayak family faced terrible times,” Parichha added. “Pradhan and his associates threatened Kanaka Rekha, the widow of the deceased, right inside the courtroom of dire consequences if they testified about them.”

Archbishop Raphael Cheenath of the Cuttack-Bhubaneswar diocese issued a statement saying that the verdict had boosted confidence in the judiciary that criminals will be punished.

“People have been waiting for good judgment, and we have confidence in the judiciary that criminals will be punished,” Cheenath said, adding that the sentence will show criminals that the law will not spare any one. “One day or other, they will be punished.”

The Rev. Richard Howell, general secretary of the Evangelical Fellowship of India, told Compass that the verdict offered some hope.

“The fact that something has happened gives us some hope that more convictions would take place in the trials to come,” he said.

Calling the conviction “justice that was long overdue,” Howell said that not much can be expected from Fast Track Courts as no security is provided to witnesses.

 

Girl’s Testimony

During the 2008 anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa Nayak’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and then 2-year-old sister, Amisha Nayak, watched in horror as the crowd allegedly beat her father for two hours and then killed him by cutting him into pieces and burning him.

Rekha Nayak filed a complaint and a case was registered against Pradhan, Mallick and others for murder, destroying evidence, rioting and unlawful assembly. Pradhan was arrested on Oct. 16, 2008, from Berhampur, and in December 2009 he obtained bail from the Orissa High Court.

Despite his role in the attacks, Pradhan was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district. He had campaigned inside jail.

On March 14, Rekha Nayak and her daughter Lipsa testified in court in spite of the threats. Rekha Nayak reportedly testified that when the Hindu mob demanded that her husband renounce Christianity or face death, he kept quiet, which led to his death.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan.

So far he has been exonerated of murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of the Legislative Assembly.

The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Trials are being held for 38 cases in which 154 people have been convicted and more than twice that many have been acquitted, as high as 621 by one count. Victims filed 3,232 complaints in the various police stations of Kandhamal district. Of these, police registered cases in only 832 instances.

“Nearly 12,000 people are accused in the riot case – 11,803 are out on bail,” said attorney Das.

Report from Compass Direct News

INDIA: ONE YEAR LATER, CHRISTIANS IN ORISSA TO PRAY FOR PEACE

State witnessed country’s ‘bloodiest anti-Christian attack last year.’

NEW DELHI, August 22 (Compass Direct News) – One year after India’s worst-ever attack on Christians, which began after the killing of a Hindu leader on Aug. 23 in Orissa state last year, churches across the country will fast and pray for a peace that remains elusive.

The Catholic Bishops’ Conference of India (CBCI) has appealed to all the Catholic dioceses in the country to “pray for peace and harmony and a spirit of reconciliation” by fasting tomorrow, one year to the day that Vishwa Hindu Parishad (World Hindu Council or VHP) leader Swami Laxmanananda Saraswati was killed by non-Christian Maoists last year.

“This appeal is made in a special context to what happened to the Christians in Orissa after the murder of Saraswati in Kandhamal [district] on Aug. 23, 2008,” CBCI Secretary General Archbishop Stanislaus Fernandes said in a statement.

Archbishop Fernandes urged the Christian community to “adhere to the Christian principle of forgiveness and move forward so as to build a strong and integrated civil society.”

On Monday (Aug. 24), an inter-denominational meeting to pray for peace, healing and reconciliation will be held at The Sacred Heart Cathedral in New Delhi to mark “National Kandhamal Day.”

Leaders of all major denominations and church groups, including the CBCI, the National Council of Churches, the Evangelical Fellowship of India and the All India Christian Council (AICC), as well as government officials, are expected to attend the meeting.

A Distant Peace

Christians believe it may take a long time for peace and reconciliation to become a reality in Kandhamal, where violence in August and September 2008 killed more than 100 people and burned more than 4,500 houses, over 250 churches and 13 educational institutions.

“The road to peace is not easily available to the Christian community,” Dr. Sam Paul, spokesman for the AICC, told Compass.

The Hindu extremists who inflicted the violence last year have warned those who have returned from refugee camps for displaced Christians to withdraw the cases filed against them, Paul said.

“At some places they were threatened to convert to Hinduism,” he said. “At a few places, to maintain the peace, the local Christians had to deny their faith.”

Attorney Robin Ratnakar David, president of the Christian Legal Association, emphasized that without justice there can be no peace.

“Unless the administration is able to work together with the victims to ensure that the attackers are brought to justice, there will never be peace in Kandhamal,” he said. “On the part of the Christians who have been displaced, there is a need to courageously give testimonies against the accused to ensure that minorities everywhere are able to live in peace.”

David said it will take at least a year for the more than 827 criminal cases filed to be settled.

Dr. Krishan Kumar, Kandhamal district collector (administrative head), denied that peace had not returned to the district.

“There has been no incident of violence for more than seven months,” he claimed.

Asked why a majority of the displaced Christians had not returned to their villages yet, he told Compass, “I have no knowledge about it.” He added that he and other officials have been meeting regularly with religious leaders of various communities.

Dr. Sajan K. George of the Global Council of Indian Christians said Kandhamal did not need “mere moments of peace, but an era of peace.”

AICC’s Paul warned that if the attackers were not brought to justice, the impunity would further embolden them.

Kandhamal Today

A New Delhi-based non-profit group, the Indo Global Social Service Society, has spearheaded a campaign to gain signatures for a memorandum highlighting the true condition of Kandhamal and hopes to present it to the president of India tomorrow (Aug. 23).

The memorandum states that although more than 11,000 persons were named in police complaints, only 679 had been arrested.

It also points out that a total of 50,000 persons were displaced as a result of the destruction of their houses, arson and looting, but that less than half of them have returned to their homes.

“A number of those who have returned have been denied access to water, firewood, and even to shops to buy daily necessities,” the memorandum states.

Indo-Asian News Service (IANS), a private news agency, spoke to victims of the Kandhamal violence on the eve of the one-year commemoration.

“It was the darkest night of my life,” recalled 45-year-old Ravinder Nath Pradhan, who a year ago saw his house and paralyzed brother doused with gas and set afire by a fanatical mob. Since then, Pradhan told IANS, justice is “nowhere near.” On Aug. 24, 2008, some 500 people attacked his village and destroyed his house.

“Within moments they flung petrol on my wheelchair-bound younger brother and torched him,” Pradhan, a retired soldier from Gadragaon village, told IANS. “We fled for our lives.”

After the violence, his family and a group of 120 Christians were forced to flee their homes to a relief camp in the state capital, Bhubaneswar.

“We went back once in December to reap our crop,” he told IANS. “Tension still loomed large. We [minority and Hindu families] used to share all our joys and sorrows. Now they say a passing hello and inquire where you are headed, and that’s it. We live underneath trees where we once had our own home.”

Seeds of Destruction

The region had been tense since the 2007 Christmas season, when alleged extremists of the VHP carried out attacks on Christians, killing at least four persons, burning 730 houses and 95 churches and rendering thousands homeless.

The spark that ignited the violence was a minor conflict between VHP supporters and local Christians over the pitching of a tent for Christmas celebrations in Brahmanigaon village. Christians were beaten, and their shops were destroyed as they went ahead with their celebration plans. In the melee, VHP leader Saraswati, who was believed to be behind the assault, came under attack and “retributive” action followed. (See “Four Die in Christmas Rampage by Hindu Extremists,” Dec. 28, 2007.)

Eight months later, with hundreds of displaced victims still living in relief camps, Maoists assassinated VHP leader Saraswati and four of his disciples on the evening of Aug. 23. The VHP wrongly blamed Christians for the murders in order to ignite large-scale violence on the minority community.

VHP leaders made public statements blaming the killing of their leader on local Christians, claiming it was to avenge the December 2007 violence. Fearing tensions, the administration of Kandhamal imposed a curfew. The VHP, too, imposed a “closure” across the state to protest Saraswati’s death, requiring a society-wide shutdown.

Defying the curfew imposed by the administration, the VHP mobilized hundreds of supporters and organized a funeral procession carrying Saraswati’s body from his ashram (religious hermitage) in Jalespata area to another site in Chakapada area – using a circuitous route that took it more than 100 kilometers (66 miles) to provoke greater conflict, according to The Hindu. As the VHP’s funeral procession continued on Aug. 24 with police escort, reports of violence began to flood newsrooms across the country.

Local police were apparently under political pressure not to take action against the organizers of the procession (see “Police Do Little to Protect Christians in Orissa,” Sept. 4, 2008). The Hindu nationalist Bharatiya Janata Party, which has close links with the VHP, was still part of the ruling state government, in partnership with the regional Biju Janata Dal party.

The state government excused itself by blaming its inability to prevent arson, rape and murder on the “difficult” hilly terrain of Kandhamal, according to The Indian Express, and the federal government ruled by the United Progressive Alliance (UPA) offered nothing more than token expressions of concern.

The UPA issued an official warning to Orissa under Article 355 of the constitution, which empowers the federal government to proclaim an emergency. But the warning came three weeks too late – by then the worst was over.

Report from Compass Direct News 

TURKEY: ‘DEEP STATE’ SUSPECTED OF SILENCING WITNESSES

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 

PAKISTAN: GIRL’S ACCOUNT RE-OPENS CUSTODY FIGHT FOR SISTERS

10-year-old says Muslim captors abused her and sister, forced them to convert to Islam.

ISTANBUL, Turkey, October 24 (Compass Direct News) – Lawyers for two underage Christian sisters who were kidnapped plan to renew a custody fight for the older girl, a 13-year-old allegedly coerced into marrying her captor, based on new statements from her 10-year-old sister that they were raped and forced to convert to Islam.

The plans come after the court last month allowed 13-year-old Saba Masih to decide whether to return to her parents or remain with her husband; apparently still terrified from death threats, she chose to remain with her captor. Amjad Ali married Saba Masih shortly after the girls were kidnapped on June 26.

In the Sept. 9 ruling the court ordered the return of her 10-year-old sister, Aneela Masih, to her parents, a move lawyers hail as a rare and significant victory for human rights in Pakistan.

Since her release Aneela Masih has told her uncle, Khalid Raheel, previously unknown details of the sisters’ capture, including rape and forced conversion to Islam, according to the Centre for Legal Aid Assistance and Settlement (CLAAS).

Aneela Masih told Raheel that she and her sister were kidnapped when they stopped to buy fruit en route to their uncle’s home. The sisters were taken away by taxi and then raped, she said. After being tied up and locked in a room, she told him, the two were forced to make professions of Islamic faith.

She described how the pistol-toting captors threatened the girls with death. The kidnappers told the girls that their parents would also be killed, she said, if the sisters did not do everything asked of them.

“These poor little kids, they threatened them,” said Akbar Durrani, a lawyer from CLAAS who fought in court on the sisters’ behalf. “They were terrified. She said they were terrified.”

In light of these revelations, Durrani said he plans to file a new custody case for Saba Masih based on their abduction. This move, however, could jeopardize progress gained in the legal quest to free the sisters from their captors.

“The court statement never mentioned kidnapping,” Durrani said. “We are still working on it, because the Supreme Court may say to us, ‘We will reverse the position, get both the girls back and hear the case afresh.’”

Avoiding this scenario while convincing the court to allow further proceedings is the challenge Durrani now faces.

Saba Masih’s insistence that her age is 17 and that her conversion to Islam was real will also make regaining custody of her extremely difficult, according to lawyer Rashid Rehman of the Human Rights Commission of Pakistan. Rehman also represented the girls’ family in the case.

Saba Masih’s husband, Ali, had obtained the backing of a medical committee possibly under pressure from Islamic groups in his claim that she was 17 and thus of legal age. He also claimed that her conversion removed her from the jurisdiction of her father.

It was a branch of the Lahore High Court in Multan that ruled on Sept. 9 that Aneela Masih should be handed back to her parents. When Saba Masih, whose birth certificate indicates that she is 13 but who testified that she was 17, said she did not want to return to her parents, she also tried to keep her younger sister from returning to them. Attorneys said the Muslim kidnappers had repeatedly threatened the girls that their parents would harm them if they returned.

 

Uncle Threatened

Throughout the case the girls’ uncle, Raheel, who has spearheaded the campaign to free the girls, has received death threats from supporters of Ali, he told Compass by telephone this week. With a tired voice, he said that he remains determined to explore every avenue to return Saba Masih to her parents.

“They are threatening me also, because I was proving the case,” he said. “They tell me also that if I keep on doing like this one day they will shoot me. I said, ‘Okay, no problem, you shoot me, but up to now I am alive. I will look after Saba. I will find her someday.’”

Various options remain open to CLAAS. The group’s lawyers are seeking advice from three local deputy inspector generals about how they should proceed.

“[We] can file a private complaint in the court of magistrate if a FIR [First Information Report] about kidnapping is not registered,” Durrani said. “If we are not getting any relief from this side, we will go to the Supreme Court.”

Lawyers told Compass that the court ruling for the return of the younger sister to her Christian parents, despite questions over her conversion to Islam, was an unusual decision and a significant victory for human rights in Pakistan.

“We have two or three cases in Islamabad [where] the judges did not allow minor girls to be given back to their parents,” Durrani said. “So in this context it was very important to at least get Aneela back.”

Report from Compass Direct News

PAKISTAN: PARTIAL VICTORY SEEN IN RULING ON KIDNAPPED GIRLS

With both minors saying they had converted to Islam, lawyers feared worse.

ISTANBUL, September 15 (Compass Direct News) – Christian human rights lawyers in Pakistan saw a partial legal victory in a judge’s ruling last week that one of two kidnapped girls be returned to her Christian parents. The judge further ruled that her sister be free to choose whether to go with the Muslim man who allegedly forced her to convert and marry him.

Justice Malik Saeed Ejaz ruled on Tuesday (Sept. 9) that 10-year-old Aneela Masih be returned to her parents – an unprecedented legal victory for Christian parents of a girl who supposedly converted to Islam, according to one lawyer – while leaving her sister, 13-year-old Saba Masih, free to choose whether to go with Amjad Ali, a Muslim man who married her after the June 26 kidnapping.

Saba Masih, whose birth certificate indicates that she is now 13 but who testified that she is 17, said she did not want to return to her parents and tried to keep her little sister from returning to them. Their Muslim captors have repeatedly threatened the two girls that their parents would harm them if they returned.

The older sister is not willing to meet with any of the family members or her parents, said Rashid Rehman of the Human Rights Commission of Pakistan.

“It’s normal behavior,” he told Compass. “She was tutored and brainwashed by the family of her husband Ali, and naturally they made up her mind that her parents will hurt her and treat her inhumanely. In fact that will never happen. Her family is really peaceful, and remained so peaceful the whole time the case was heard in high court.”

After more than three hours of heated legal arguments in the Multan branch of Lahore’s High Court, the judge deemed the oldest child sui juris – capable to handle her own affairs – based on her testimony that she is 17 years old and on a Lahore medical board’s ruling that she is between 15 and 17. The medical board may have been pressured to declare Saba Masih as an adult, according to the parents’ lawyers.

Conditions set in the ruling called for the parents not to “interfere” with Aneela Masih’s religious beliefs, that they be allowed to visit Saba Masih and that the groom’s family pay them 100,000 rupees (US$1,316) according to Pakistani marriage tradition.

Raised in a Christian family in the small town of Chowk Munda, the two girls were kidnapped on June 26 while traveling to visit their uncle in Sarwar Shaheed, northwest of Multan. Saba Masih was married to Ali the next day, and the kidnappers filed for custody of the girls on June 28 based on their alleged forced conversion to Islam.

Islamic jurisprudence and Pakistani law do not recognize the forced marriages of minors.

 

‘Pleased with Outcome’

“We are pleased with the outcome,” said Joseph Francis, head of the Center for Legal Aid Assistance and Settlement (CLAAS). He said, however, that the verdict was not complete without the return of Saba Masih to her family.

Francis and two other CLAAS lawyers were present at the Sept. 9 judgment despite repeated threats against their office over the course of the hearings.

CLAAS lawyer Akbar Durrani told Compass that it was the first time in his life that he had seen such a decision. “In my experience they have not given us the custody of minor girls even as young as 9 years old that have been declared Muslim,” said Durrani, who has been practicing law in Pakistan for 18 years. “It is a legal victory.”

As a minor, though, Aneela Masih’s previous declaration that she had converted from Christianity to Islam was not explicitly recognized. Calling the lawyers into his private chamber to present options before ruling, according to the parents’ lawyers, the judge said he would make no mention of the girls’ supposed conversion to Islam.

“This was a very favorable thing for us,” said Durrani. “He said, ‘I’m only going to decide the custody,’ so we decided this is acceptable to us.”

In his private chamber, the judge gave them different options, warning them that if they didn’t cooperate or accept his proposals he would make his own judgment. In the end he said he would hand the little girl to her mother and set the other free.

“Wherever she wants to go she can go,” the judge told the parties. “But if she wants to go with you she can go, and if she wants to go to her husband she can go.”

The girls, their mother and Ali were then invited into the judge’s chamber, where the judge announced the decision to them.

Durrani said that Aneela Masih went to her mother willingly, while her older sister gave a cry and tried to pull the 10-year-old back to her.

“The minor resisted for a fraction of a second to go to the mother,” Durrani said. “The little girl was under pressure; every time she was instructed by her elder sister not to talk to her mother.”

Her mother hugged her, and the lawyer said the little girl seemed very comfortable in her lap. There her mother tried to remove the veil from her daughter to look at her, but she resisted. Outside the courtroom, however, Aneela Masih removed the veil herself and later accepted food and drink. The girls had been fasting during Ramadan.

The lawyers said it was clear from the 10-year-old girl’s reactions that she was confused from the ordeal.

 

Supreme Court Question

Lawyers for the parents are weighing the options and feasibility of getting the oldest daughter back through the Supreme Court.

On Friday (Sept. 12), the girls’ uncle, Khalid Raheel, who has spearheaded the efforts to get them back, told CLAAS lawyers that Aneela was readjusting into her life at home. Raheel asked the family lawyers that they continue to try to get Saba back.

Rehman said he does not think the case would stand in the Supreme Court. “She willingly said, ‘I don’t want to go with my parents,’” he said.

Durrani and Francis, however, said they would continue to fight for her. “We’ll go to the Supreme Court for Saba,” said Francis.

“We will try getting the statement of Aneela and then will re-open the case,” said Durrani, adding that Aneela Masih had told her family, “Please get her back from that place.”

Rehman told Compass in a phone interview that Saba Masih’s statement that she is 17, her supposed embrace of Islam and her marriage by consent will make getting her back very difficult.

“She has admitted the marriage at the court and produced the marriage papers and has claimed that she’s over 16, so it was very difficult for us to prove our case that she’s a minor girl… because it is denied by Saba herself,” said Rehman.

He explained that the only way to secure the oldest daughter’s return to her family would be by proving she is a minor, something virtually impossible at this point because of her testimony. The court has refused to admit her birth certificate as evidence.

Saba Masih still refuses to communicate with her parents.

 

‘Frightened, Small Girl’

In court last week, both sisters sat in hijab dress fully veiled next to a policewoman from the Dar Ul Rahman women’s shelter, where the two girls had stayed since a July 29 hearing.

Their mother tried to talk to them and show them photos. Durrani said that Aneela Masih was responsive to her mother, but her older sister would pull her away, forbidding her from talking to her.

The judge had ruled that the girls stay at the shelter in order to think of their alleged conversion to Islam away from external pressures. Lawyers for the parents said that while in the shelter the girls were continually harassed and threatened that their family would not take them back.

Aneela Masih stated to the lawyers and her parents after the court decision that Ali’s family and their captors told them that everyone was Muslim – the lawyers, the judge, society – and that their parents could not take them back.

Knowing the attention the case of the two girls had attracted, Durrani said, the judge left the case till last. Yet the courtroom, he said, was full of “those who had kidnapped the girls, their supporters, the Islamic fanatics; all these were present in the court and interested in the hearing of the case.”

From the outset at last week’s hearing, the judge wanted to ask Aneela Masih questions about Islam to extract a statement on which he could rule on her custody. Durrani and colleague Justin Gill fought against the lawyer and the judge, arguing that as the 10-year-old was a minor, her statement on faith could not be valid and that she must be returned to her mother.

“We concentrated our efforts on Aneela, that at least we should have some relief to get her back and then we can fight in the Supreme Court if we wish to go for any other thing,” he said, referring to the older sister’s case.

The judge had decided to postpone the verdict till this Thursday (Sept. 18) and place the girls back in the Dar Ul Rahman shelter, where their mother could visit them for two hours every day. But the CLAAS lawyers said they feared waiting would only work against their case in the long run, making it more difficult to gain custody of the younger sister if both were exposed to more harassment and possible brainwashing.

“Even if she is a Muslim and has changed her religion, according to Islam a mother is the best custodian of the child,” Durrani said he and Gill argued.

Rehman said that Aneela Masih seemed frightened and, according to information he had obtained, the girl was afraid of her abductors and her own family even while in the shelter.

“She was a frightened, small girl,” he said. “They told her that if she returned to her parents she’d be treated unkindly.”

 

Threats, Car Chase

On Sept. 8, the day before the hearing, while traveling together from Lahore to Multan, the three lawyers for the Christian parents – Francis, Durrani and Gill – received threatening calls from the supporters of the girls’ kidnappers.

That night while, on their way back from dinner to a bishop’s house where they were staying in Multan, the CLAAS team was approached by armed men on motorcycles who threatened them, warning them to not go to the judgment hearing the next day.

“They said, ‘You should not be in court or you will be responsible for the consequences,’” said Durrani.

When nearby police saw the scene and approached, the armed men left the scene.

“We were afraid, but we knew we had to go,” Durrani said.

After the hearing, while traveling back to Lahore, Durrani said that Muslim fanatics chased them for about 100 kilometers (62 miles).

“Then we went to another city and got to the highway from another shortcut,” he said.

Durrani said the lawyers have many cases like this, causing them concern for their own safety.

“It is not the first time we get threats, but by the grace of God, and by the refuge of our Holy Ghost we are safe,” he said. “Every time we know the prayers of our church and other Christians are with us, which is why we are able to get the victory for our Lord.”

Report from Compass Direct News