Turkish Court Pushes to Close Malatya Murder Case

Judges reject request to investigate links to suspected masterminds.

MALATYA, Turkey, February 24 (CDN) — On Friday (Feb. 19) judges eager to wrap up the trial over the murder of three Christians here rejected plaintiff appeals to investigate the suspected masterminds behind the stabbing deaths.

At the 24th hearing regarding the 2007 murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske in this city in southeastern Turkey, the prosecution demanded three life sentences without chance for parole for each defendant.

Judges and prosecutors pushed for a conclusion to the case that has lasted nearly three years. In the last few weeks the Istanbul prosecutors sent a police report to Malatya’s Third Criminal Court linking the murders to a larger “deep state” operation led by a cabal of retired generals, politicians and other key figures called Ergenekon. The judges, however, rejected plaintiffs’ requests that the Malatya court further probe into the possible links between the two operations.

In a 17-page statement, prosecutors detailed accusations against the five young defendants, 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.

The prosecutors’ recommended sentence is the maximum possible in the case. Plaintiff and defense lawyers are to present their rebuttals to the proposed punishment at the next hearing, scheduled for April 15.

“They requested the highest possible penalty, however, we are defeated in this case when we consider that these five guys are part of a bigger plan . . . and this incident occurred as part of this plan,” said plaintiff lawyer Murat Dincer in a press briefing after the hearing.

Dincer said the recommended sentence takes into account only the five young men and not the suspected high-level officials who planned the murder. He and his colleagues said bringing those behind the scenes to justice is still a possibility, and that therefore they would evaluate the proposed sentence and make their petition accordingly.

“The trial is important in the sense that we expected such a penalty, but we did not want them [prosecutors] to stop searching for connections with Ergenekon,” said plaintiff lawyer Erdal Dogan.

Over the last three years, plaintiff lawyers have presented volumes of evidence showing how the Malatya murders were just one operation in a series of many targeting the country’s Christian minorities in an effort to destabilize the current Islamic-leaning government.

On behalf of the team of plaintiff lawyers, Dogan told judges in court that research into a recent indictment over a stash of military artillery found on the property of a foundation in the Istanbul suburb of Poyrazkoy showed there were links to violent attacks against Christians. He cited the 2006 murder of Catholic priest Andreas Santoro in Trabzon, the kidnapping of a Syrian Orthodox priest in Mardin, the stabbing of a priest in Izmir and threats against the pastor of the Protestant church in Samsun all in the last three years.

The Poyrazkoy indictment took place within the context of the Ergenekon probes. The murder of the Armenian Christian editor of Agos in Istanbul three months before the April 18, 2007 Malatya murders has also been linked to the Ergenekon investigation.

Dogan speculated that the court decision to start bringing the trial to a close without further probes into Ergenekon links may have sprung from last week’s decision by the Supreme Board of Judges and Prosecutors to disqualify four prosecutors in Erzurum in a judicial power struggle over other investigations into the alleged clandestine operation.

“It may be that the prosecutors are nervous because of that,” said Dogan. “Because among those implicated in Malatya is an army commander, a gendarmerie commander, soldiers and professors, so it may have made them nervous in that sense. That’s why they want to drop it at this point.”

Plaintiff lawyers said that the latest decisions do not necessarily mean the end of investigation into the links between Ergenekon and the Malatya murders. If by the end of the Malatya murder case the Istanbul prosecutors have not outlined an action plan directing the court to pursue Ergenekon leads and the case is closed, plaintiff lawyers said they are ready to take the case to the Supreme Court of Appeals.

“But of course we wish those connections would be made here,” said Dogan.

Report from Compass Direct News 

Special Investigations Team Sought in Orissa Violence

Acquittals increasingly surpass convictions due to shoddy or corrupt police investigators.

NEW DELHI, December 7 (CDN) — Christian leaders in India have called for a special investigations team to counter the shoddy or corrupt police investigations into anti-Christian violence in Orissa state in August-September 2008.

Of the 100 cases handled by two-fast track courts, 32 have been heard as of Nov. 30, resulting in 48 convictions and more than 164 acquittals. A legislator for the main Hindu extremist party has been exonerated “for lack of evidence” in six cases, most of them involving murder charges. The number of cases registered total 787.

“Christians are extremely shocked by this travesty of justice in Orissa,” attorney Bibhu Dutta Das told Compass.

The government of Orissa set up two fast-track courts in Kandhamal district headquarters for cases related to the violence that began in August 2008 after the killing of Swami Laxmanananda Saraswati and four of his disciples in Jalespetta on Aug. 23, 2008. The chief minister of Orissa state has admitted that Hindu extremist umbrella group Sangh Parivar was involved in the anti-Christian violence (see sidebar below), and Christian leaders have said they are increasingly concerned over verdicts in the fast-track courts based in Phulbani.

Among those exonerated “for lack of evidence” was Manoj Pradhan, a legislator from the Hindu extremist Bharatiya Janata Party (BJP), who was acquitted of murder on Nov. 24. He was accused of killing Trinath Digal of Tiangia village on Aug. 25, 2008.

Thus far, Pradhan has been cleared in six of 14 cases against him.

“Manoj Pradhan has been let off in all the major cases against him, mostly murder cases, for lack of evidence,” attorney Das told Compass. “Now only small cases of arson remain against him.”

Attorneys said acquittals have resulted from police investigations that were intentionally defective to cover up for Hindu extremist attackers. In many cases, for example, police have fraudulently misrepresented the ages of suspects so they would not match with those denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

Nine people were convicted, and five suspects, including Pradhan, were acquitted “for lack of evidence” on Nov. 18 for burning the house of Ratha Nayak in Mlahupanga village, Kandhamal on Aug. 27, 2008. Those convicted were sentenced to four years of prison and fined 3,500 rupees (US$75) each.

In a previous case, witnesses had testified to the involvement of Pradhan in the kidnapping of Kantheswar Digal – subsequently murdered on Aug. 25, 2008 – in Sankarakhole village, Phulbani district, but their testimony failed to convince the court to condemn the BJP politician.

Pradhan was arrested and jailed in October 2008 and was elected as BJP Member of the Legislative Assembly from the G. Udayagiri constituency while in jail.

On Nov. 24, Judge C.R. Das acquitted six suspects: Budhdeb Kanhar, Purander Kanhar, Gadadhar Kanhar, Sudhir Pradhan, Ajibana Pradhan and Dadhi Mallick. They were accused of killing Meghanad Digal and his wife Priyatama from Dutukagam village, Tikabali on Sept. 25, 2008.

Judge S.K. Das sentenced 12 persons to four years of prison along with a fine of 2,000 rupees (US$43) each on Nov. 28 for torching houses and shops at Sirtiguda village, under Nuagaon police jurisdiction, on Sept. 13, 2008.

Indo-Asian News Service reported that on Nov. 30 Sanjeev Pradhan was convicted of torching the house of Shravan Kumar Digal of Penagari village on Aug. 25, 2008. Sanjeev Pradhan was sentenced to prison for five years and fined 7,500 rupees (US$160).

Special Investigation Team Sought

Christian leaders are calling for a special investigation team like the one created after communal violence wracked Gujarat state in 2002.

“The need of the hour is a special investigation team, for the investigations of the Orissa police have caused doubts,” attorney Das said. 

He added that the cases should be transferred out of Kandhamal, as Christian leaders feel justice cannot be served in the district’s Hindu extremist atmosphere.

Many of the Christians displaced as a result of the violence have yet to return to their villages. The archbishop of Bhubaneswar-Cuttack, Raphael Cheenath, told media that out of 50,000 people displaced, about half have returned, “but they are facing housing problems. The state government should take it up earnestly.”

Dr. John Dayal of the All India Christian Council stated in a Dec. 4 report that “several thousand of the 50,000 Christian refugees are still to return home. Many cannot, as they have been told they have to convert to Hinduism before they will be accepted in the villages. The threats and coercion continue till today.”

He added that most of the more than 5,000 houses destroyed in December 2007 and August-October 2008 mayhem have yet to be rebuilt.

Attorney Das told Compass many of those who fled their village fear returning home.

“It is true that in many cases, the pre-condition of converting to Hinduism and facing violence if they do not has been the factor that has prevented the people from returning to their homes,” he said. “The fear of being attacked again has also stopped many from going into their villages. The government has not been very successful in instilling trust in the Christian community that such incidents can be prevented in the future.”

Orissa police yesterday arrested a man accused in the rape of a nun during the violence in Kandhamal. Gururam Patra was reportedly arrested in Dharampur.

He was accused of leading a mob that attacked the nun at on Aug. 25, 2008. Police have so far arrested 19 people in the incident, with another 11 still at large. The 29-year-old nun has told police she was raped and paraded naked by a Hindu extremist mob, and that officers only stood by when she pleaded for help.

SIDEBAR

Official Names Hindu Nationalist Groups in Orissa Violence

NEW DELHI, December 7 (Compass Direct News) – The ruling party of Orissa state, which labelled last year’s mayhem in Kandhamal district as “ethnic violence,” has publicly admitted that Hindu nationalist groups were behind the killings and arson of Christians and their property.

“It is learnt from the investigation into the riot cases that the members of the RSS [Rashtriya Swayamsevak Sangh], the VHP [World Hindu Council] and the Bajrang Dal were involved in the violence that took place last year,” Orissa Chief Minister Naveen Patnaik told the state legislative assembly last month.

Patnaik, in response to a question by a member of the Communist Party of India, also disclosed that police had arrested 85 people from the RSS, 321 members of the VHP and 118 Bajrang Dal members in the attacks. He said that only 27 members from these groups were still in jail.

The others were either bailed out or acquitted for lack of evidence, which Christians say is due to shoddy or corrupt investigation by police and prosecutors (government attorneys).

Soon after violence in Kandhamal broke out in August 2008, Patnaik blamed it on “conflict of interest” between Dalits (people at the bottom of the caste hierarchy in Hinduism and formerly known as “untouchables”) and tribal people.

National media speculated that Patnaik was seeking to deflect attention from the Bajrang Dal, which had been accused of the attacks on the Christians. The Bajrang Dal (Army of Hindu God Hanuman) is the youth wing of the VHP, which is seen as part of the RSS family.

Local Christians had suspected the role of the RSS and related outfits since the violence began on Aug. 24, 2008 – one day after Hindu nationalist leader Laxmanananda Saraswati was killed by Maoists (extreme Marxists) and RSS members blamed Christians for it.

The RSS is a Hindu nationalist conglomerate whose political wing, the Bharatiya Janata Party (BJP), was part of the ruling coalition during the 2008 eruption of the violence that killed more than 100 people, mostly hacked to death or burned alive, and incinerated more than 4,500 houses, over 250 churches and 13 educational institutions.

Patnaik’s party, the Biju Janata Dal (BJD) broke up its 11-year-old alliance with the BJP in March 2009, a month before state assembly and national elections were held. The BJD, which fought the two elections alone, won a majority in the state assembly and most seats in parliament from the state.

It was only after the coalition’s break-up that the BJD began to hint at the culpability of the RSS and related groups.

“It was important to break up with the BJP, because I don’t consider them healthy any longer for my state after Kandhamal [violence] – which I think is very apparent to everyone,” Patnaik told CNN-IBN, a private TV news channel, on April 19.

A state government-constituted panel, the Justice Mohapatra Commission of Inquiry, is probing the Kandhamal violence but has yet to issue its final report.

Meantime, a report of another panel, the Justice M.S. Liberhan Commission of Inquiry, said that top leaders of the BJP, the RSS, the VHP and the Bajrang Dal “meticulously planned” the demolition of the 17th century Babri Mosque 17 years ago.

More than 2,000 people were killed in communal violence across the country following the demolition of the mosque on Dec. 6, 1992. The incident polarized voters along religious lines and subsequently contributed to the BJP’s rise in Indian politics.

The Liberhan report, presented to parliament on Nov. 25, indicted several Hindu nationalist leaders, including former Prime Minister Atal Bihari Vajpayee, current Leader of Opposition in the People’s House L.K. Advani, VHP leader Ashok Singhal and former RSS chief K.S. Sudarshan.

Observers said the indictment of extreme Hindu nationalists, however, has come too late, as the BJP no longer seems to be powerful at the national level.

Report from Compass Direct News 

Media speculates: Vatican will receive Anglicans into Catholic Church

Several Italian newspapers speculated today that the Vatican may possibly welcome a large number of members from the Traditional Anglican Communion into the Catholic Church on Tuesday. The group previously separated from the Anglican Communion due to issues such as the ordinations of both women and sexually active homosexuals, reports Catholic News Agency.

According to Giacomo Galeazzi from the Italian daily La Stampa, the press conference to be held tomorrow at the Vatican press office by Cardinal William Joseph Levada, Prefect of the Congregation for the Doctrine of the Faith; and Archbishop Augustine DiNoia, Secretary of the Congregation for the Divine Worship and Discipline of the Sacraments, will be the occasion in which the reception of the Anglican group, which claims to have some 500,000 members –among clergy and laity- will be officially announced.

“The news story, already anticipated by some Australian media, could be finally confirmed during the press briefing that was announced this afternoon by the Vatican press office,” Galeazzi wrote on Monday.

Galeazzi also claimed that the Traditionalist Anglicans have already signed a document of adherence to the Catechism of the Catholic Church and have symbolically deposited it at a Marian shrine in England.

“Once reunited with Rome, they may keep most of the Liturgical celebrations according to their tradition, which is closer to the Tridentine Mass,” La Stampa explained, adding that they would also “keep their married clergy but not married bishops.”

The Italian Vatican reporter also noted that since the Anglican priestly ordination is not valid, those who want to remain priests within the Catholic Church would have to be ordained, most likely after passing a theological exam.

The move by the Traditionalists could have a significant impact on other Anglicans who still remain within the communion, but are extremely frustrated not only with the ordination of women as Anglican priests and bishops, but especially with the decision of the American Episcopalians – members of the Anglican communion- to ordain sexually active homosexuals as priests and bishops.

The ordination of Eugene Robinson as the first actively homosexual bishop in 2004, sparked an unprecedented division inside the Anglican Communion.

According to Galeazzi, the group of Anglicans that could be received into the Catholic Church on Tuesday may be erected as a personal prelature, which has the same canonical status held by Opus Dei.

Report from the Christian Telegraph 

Two Indonesian Churches Receive Bomb Threats

Islamic groups demand halt to threatened congregation’s worship.

JAKARTA, Indonesia, October 13 (CDN) — Two churches in the greater Jakarta area have received bomb threats.

In East Jakarta, the pastor of a Batak Protestant Christian Church (Huria Kristen Batak Protestan, or HKBP) on Bogor Street received a threatening phone call before Sunday services on Oct. 4. The church building is located near the headquarters of an elite police corps.

The unknown caller to the Rev. Abidan Simanungkalit’s cell phone said the bomb would explode during the morning worship service, the pastor told Compass.

“I was startled to receive the short message,” he said. “I immediately phoned some church leaders and then called police.”

Scores of police and bomb squad officers came to the site and combed the area for a bomb, discovering a black package in a garbage container near the front of the church building. It contained four large batteries, a small wall clock and a tin can, and after a two hours police determined that it was not a bomb.

Officers speculated that the caller was unable to construct a real bomb but wanted to publicize a threat.

Pastor Simanungkalit said congregation members were alarmed over the threat and that the morning worship was uneasy.

“They were panicky and fearful,” he said. “People kept getting up to go outside and check on things.”

The church has never had problems with anyone that would lead to such a threat, the pastor added.

“Everything has been peaceful,” he said. “The close proximity of the police headquarters seemed to guarantee peace.”

Closure Sought

In north Bekasi in the Jakarta metropolitan area, a church leader of a Bethel Indonesia congregation received a similar threat the previous day, Oct. 3.

Jeffry Lalamentik said he received the threat on his cell phone, with the unknown caller also saying, “Your church will be bombed during morning worship.”

Upon receiving the threat, Lalamentik said, he contacted the Rev. Daniel Susanto, who quickly called police. A bomb squad arrived shortly after and made a thorough search, but they did not discover any explosive device.

Lalamentik said there was reason to take the threat seriously. In July a number of radical Islamic groups, including the Islamic Defenders’ Front (Front Pembela Islam), Iqra Echo and the Forum for Communication and Hospitality of the Musala Mosque (FKSMM) in Bekasi demanded that the church close.

The church meets in a private home in the midst of a housing complex.

“We are putting up a permanent church building,” Lalamentik said. “Until that is finished, we are worshipping at Pastor Daniel’s home.”

Pastor Susanto said the church had secured permission for the church building from Bekasi officials in April. The Muslim organizations, he said, have opposed the church meetings at his house, where worship has taken place since 2000.

“We normally worship at my home but occasionally move to other houses,” the pastor told Compass.

A crowd of 600 protestors from Islamic organizations have demonstrated in front of Bekasi government offices demanding a halt to the Bethel Indonesia church’s worship services, he added, and they are also fighting the establishment of the congregation’s building.

Budi Santosa of the FKSMM said that the required papers for the building permit were incomplete because the recommendation from the local Interfaith Communications Forum was missing.

The Muslim groups have met with the deputy mayor of Bekasi, Mochtar Mohammad, and the assistant leader of the Bekasi City Council, Ahmad Syiakhu, as well as several other officials. Santosa said the officials are studying the Islamic organizations’ objections to both the house church worship and its building but have taken no action.

Report from Compass Direct News 

OIL IS UP AGAIN

The price of oil shot up today by US $25.14 a barrel at one point before closing on US $121.00 a barrel – a rise of about US $16.00 a barrel for the day. This massive rise came about because of fears that the US economy was moving into a recession and the resulting weakness of the US dollar.

The Australian dollar has risen against the US dollar, closing the day at close to 0.84 US dollars as investors abandoned the US dollar. The Australian dollar was close to parity with the US dollar several weeks ago and then fell to around 0.78 US dollars about a week ago before beginning to rise again.

For Australian motorists the price per litre of unleaded petrol has fluctuated between $1.52 and $1.62 over the last couple of weeks, with little advantage gained by the low oil price in the previous few weeks. With the rise in oil today it is unlikely that Australian motorists will see any advantage in the lower price of oil over the past couple of weeks.

It is widely speculated that Australians have been getting a raw deal at the petrol pumps over the last couple of months.