Turkey Arrests 20 Allegedly Linked to Malatya Murders

Suspects in Ergenekon network long sought in homicide case to be questioned.

ISTANBUL, March 18 (CDN) — In simultaneous operations in nine different provinces of Turkey, authorities yesterday arrested 20 people suspected of playing a role in the murder of three Christians in Malatya in 2007, according to local news reports.

Zekeriya Oz, chief prosecutor overseeing the investigation into a clandestine network known as Ergenekon allegedly aimed at destabilizing the government, ordered the arrests based on information that linked the suspects to both the network and to the Malatya murders, Turkish press reported after Istanbul Chief of Police Chief Huseyin Capkin announced the sweep at a press conference yesterday.

“This was an operation related to the Malatya Zirve publishing house murders,” Capkin said, according to online news agency Malatya Guncel. “They were just arrested. This is connected to the Zirve publishing house. That’s the framework.”

Those apprehended include Ruhi Abat, a Muslim theology professor from Malatya Inonu University, Mehmet Ulger, a retired commander of the Malatya Gendarmerie in service at the time of the murders, and other members of the military. Oz will question the suspects in Istanbul, according to reports.

Police also raided the guesthouse of the Izmir Gendarmerie, seizing computers and documents. News sources listed Malatya, Siirt, Mugla, Mersin and Izmir as some of the cities in which authorities conducted raids and arrests.

A plaintiff attorney in the Malatya murder case, Orhan Kemal Cengiz, told Compass that the names on the list of those arrested were suspects he and his colleagues have been trying to convince the Malatya prosecutor to pursue since the court received a tip in May 2008.

“They are all the usual suspects,” Cengiz said. “All their names were mentioned in the first informant letter. Unfortunately, despite all our efforts, we couldn’t find anyone to investigate these allegations.”

The letter was the first of many informant letters the Malatya court has received since it started hearing the case on Nov. 22, 2007. Penned by someone who identified himself by the pseudonym “Ali Arslan” but unsigned, the letter claimed that Ulger incited Emre Gunaydin, one of the suspects, to carry out the murders and that he communicated with Gunaydin through Abat and two gendarmerie officers, reported Turkish English daily Today’s Zaman.

Cengiz said that, though it was the duty of the Malatya prosecutor to pursue leads in the informant letter, the prosecutor deferred the investigation to the military court, which in turn refused to investigate, claiming that the name on the letter was fake and the letter was not signed.

“It was like a joke,” Cengiz said.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya. The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim, were arrested while trying to escape the scene of the crime, as was alleged ringleader Gunaydin.

From the beginning of the court hearings, plaintiff lawyers have brought evidence to the court showing the five young suspects were connected to a wider plot to kill the three Christians as well as other key Christian leaders across Turkey. Known as the Cage Plan, the plot is believed to be part of the alleged Ergenekon “deep state” operation to destabilize the government.

The Cage Plan centers on a compact disc found in 2009 in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Cengiz told Compass that new evidence in the Ergenekon case might have convinced Oz to pursue those detained yesterday, and he called the move “a very big step” in shedding light on the Malatya case. He and colleague Erdal Dogan said their efforts – especially a request they sent to Oz on Jan. 18, 2010 asking him to investigate the allegations that Ergenekon members were behind the Malatya murders – surely helped to move the process along.

“I believe our efforts had a very big influence on this,” Cengiz said. “We submitted a petition and requested this from Oz last year. He is acting with the Malatya prosecutor on this.”

At the request of the Istanbul Chief Prosecutor’s Office, the Istanbul Police Department prepared a report last year revealing links between the Malatya murders and Ergenekon, according to Today’s Zaman. According to the report, Sevgi Erenerol, spokesperson for a bogus ultranationalist association known as the Turkish Orthodox Church, described foreign missionary activity as “spying” and “provoking.”

“A piece of evidence in the report was a conference on missionary activity given by Sevgi Erenerol … at the General Staff’s Strategic Research and Study Center,” reported Today’s Zaman.

Erenerol was arrested in connection with Ergenekon in 2008. Her suspected links with those thought to have masterminded the Zirve murders may have influenced yesterday’s arrests, Today’s Zaman reported.

She is also believed to be one of the key people behind false accusations against two members of Turkey’s Protestant Church, Hakan Tastan and Turan Topal, who were arrested in October 2006 for insulting Turkishness and Islam because they openly shared their faith.

After four years of legal battle, a judge finally acquitted the two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge. The two men are in the process of appealing the fine.

The Turkish Constitution grants all citizens the right to speak about their faith.

Plaintiff attorneys in the Malatya murders case said they believe yesterday’s arrests bring them closer to their requests that the Malatya murders case file be joined to that of the Ergenekon trial.

“From now on, we can predict it is very possible that our case will be sent to Istanbul soon and that these two cases will be merged,” said Cengiz.

The next Malatya hearing is scheduled for April 29.

Report from Compass Direct News

Christians in Turkey Face Harassment; Murder Trial Stalls

Departure of presiding judge in Malatya case could further delay justice, attorneys fear.

ISTANBUL, March 15 (CDN) — Though the horrific scale of the 2007 Malatya murders has not been repeated in Turkey’s Protestant church, a recent report shows harassment continues to be a daily problem for the country’s Christians and churches.

Discrimination, slander and attacks against churches were among the examples of ongoing harassment that the Turkish Association of Protestant Churches (TEK) recorded in 2010.

In an eight-page report published earlier this year, TEK’s Committee for Religious Freedom and Legal Affairs outlined problems Protestants face. Turkish laws and “negative attitudes of civil servants” continue to make it nearly impossible for non-Muslims to establish places of worship, the committee reported. Three churches faced legal problems last year regarding their buildings, according to the report.

Missionary activities are still considered a national threat despite the existence of Turkish laws guaranteeing citizens the freedom to propagate and teach their faith, and children are victims of discrimination at school, according to the report. Though the Religious Education General Directorate for Higher Education and Training Committee allows non-Muslim students to stay out of religious classes, parents have reported cases in which they were not able to take their children out of such

“After four years [since the Malatya murders], Turkey’s religious freedoms have not improved as desired,” said attorney Erdal Dogan. “Christians, Alevis [a Shiite sub-community] and people of other beliefs are still not protected by law. And people of other faiths apart from Muslims have no legal status. Since racism is still prevalent in the context of freedom, discrimination in its turn has become a fact of life.”   

About a third of Turks are estimated to be Alevis.

Turkey rose to 30th place in Open Doors’ 2011 World Watch List of nations in which persecution against Christians takes place, up from 35th place the previous year. The Christian support organization cited deteriorating conditions as the secular country applied some laws in discriminatory ways against Christians.

TEK estimates that there are up to 3,500 Protestant Christians in Turkey.


Malatya Trial Stalled

In the trial of the five primary suspects in the murder of three Christians in Malatya, plaintiff attorneys fear the departure of one of the three judges to a Supreme Court of Appeals post in Ankara could further stall the nearly four-year-old case.

The loss of Judge Eray Gurtekin, who had presided over the case since it began on Nov. 22, 2007, could threaten to set back the progress of the court that has been examining links between the killers and alleged masterminds, according to Dogan, a plaintiff attorney in the case. Gurtekin was appointed as a judge in the Supreme Court of Appeals in Turkey’s capital Ankara last month.

“In a three-member panel [of judges], the change of one is not really helpful,” said Dogan, “because just as the previous presiding judge had started to understand and pay close attention to the case file, a new judge came in his place. I hope he will catch on quickly.”

The new judge joined the Malatya hearings panel this month, and Dogan said there could be more changes in the panel.

The 12th Istanbul High Criminal Court is expected to hear the testimony of another witness on March 29, and the court is trying to locate two more witnesses in order to shed light on the Malatya murders.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya. The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim, were arrested while trying to escape the scene of the crime, as was alleged ringleader Emre Gunaydin.

From the beginning of the court hearings, prosecuting lawyers have brought evidence to the court showing the five young suspects were connected to a wider plot to kill the three Christians as well as other key Christian leaders across Turkey. Known as the Cage Plan, the plot is believed to be part of the alleged Ergenekon “deep state” operation to destabilize the government.

The Cage Plan centers on a compact disc found in 2009 in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Questioned by the judges, Varol Bulent Aral – suspected of being one of the people who planned the murders and linked the killers to the masterminds – said he wanted the court to find out who was supporting the Zirve Publishing Co. He added a cryptic remark to Tilmann Geske’s widow, Suzanne Geske, who continues to live in Malatya with her three children and regularly attends the murder hearings.

“I want to ask Suzanne, what business does a German have here?”

The judges finally threw Aral out of the courtroom for contempt of court when he told the judges: “You are in the clouds!”

Prosecuting lawyers still hope judges will join the Malatya case files to the Cage Plan case, which is being tried at an Istanbul court.

The threat of violence against Christians continues. Last week Turkish news sources reported that Istanbul police arrested two suspects, ages 17 and 18, accused of plotting to assassinate a priest on the European side of the city. The Istanbul Public Prosecutor’s Office is examining their case.

Report from Compass Direct News

Plinky Prompt: Describe Your Favorite Place to Drive

Vintage Car

I love driving about the place, discovering new places and enjoying the journey. I love to travel and exploring the countryside. With that said, I obviously enjoy most trips and it is therefore difficult to pick a favorite place to drive.

One of the trips I do like to take on a regular basis is up the Pacific Highway to Coffs Harbour here in Australia. It’s about a 4 hour run from here – so not too taxing.

It’s just a nice little break visiting a few wild spots along the way, picking up a few things at roadside fresh produce stalls, etc.

Powered by Plinky

New Evidence Stalls Murder Trial in Malatya, Turkey

Defense lawyers’ absence also prolongs case that court wants closed.

MALATYA, Turkey, April 21 (CDN) — On the eve of three-year commemorations of the murders of three Christians in southeast Turkey, defense lawyers’ absence and new evidence kept a Malatya court from concluding the case here on Thursday (April 15).

Two defense lawyers excused themselves from the hearing, rendering the judges unable to issue a verdict to the five defendants charged with the murders of three Christians in Malatya on April 18, 2007. Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske, who worked at a publishing house that distributed Christian material in this southeastern Turkish city, were found murdered three years ago.

At Thursday’s hearing, prosecuting lawyers presented a 28-page detailed request that the Malatya case be joined to a plot called Cage Plan, believed to be part of Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures.

The Cage Plan centers on a compact disc found a year ago in the house of a retired naval officer. The plan, to be carried out by 41 named naval officers, termed as “operations” the murders of the three Christians in Malatya, the 2006 assassination of Catholic priest Andreas Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos. The aim of the Cage Plan was to destabilize the government by showing its inability to protect Turkey’s minority groups.

Last week newspapers reported that the Cage Plan, aimed at Turkey’s non-Muslim minorities, not only contained a list of names of Protestant Christians who would be targeted, but also named some of their children.

Judges will announce a decision on whether to combine the Malatya murders with the Cage Plan at the next hearing, scheduled for May 14. Hearings for the Cage Plan are expected to begin on June 15.

“If you ask me, unfortunately at this exact moment we are exactly where we started,” said prosecuting lawyer Orhan Kemal Cengiz. “I’m not talking about public awareness. In terms of public awareness, of course our contribution is something substantial. But in terms of evidence and exposing the real network, we couldn’t get anywhere.”

Judges also decided to call a new witness in May. Burak Dogru, a convict serving time in Sivas, wrote a letter to the court accusing suspect Varol Bulent Aral of organizing the murders and offering him money to kill the three Christians.

“When I refused the offer, he told me to forget what I knew, otherwise I would not see the sunlight again,” he wrote in his letter, reported the Hurriyet Daily News.

In the last court hearing two months ago, the court rejected the prosecuting attorney team’s appeal that the Malatya murders be joined to the Ergenekon file, despite a police report showing links between the two cases.

Cengiz said he believes that the Malatya prosecutor is missing an opportunity to collect more evidence that could connect the Malatya murders to the Ergenekon case.

“The Ergenekon prosecutor is drowning in the files,” said Cengiz. “This [Malatya] prosecutor has enough time and resources because he is in a position to have direct contact with first-hand evidence. But I think he is intimidated and is just trying to get rid of the case as soon as possible. This case is a hot potato for the prosecutor, and he just wants to throw it away as soon as possible.”

In February’s hearing, prosecutors detailed accusations against the five young men accused of slaughtering the Christians – Emre Gunaydin, Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim – and demanded three consecutive life sentences for each of them if convicted. The five men are charged with murder, being part of a terrorist organization, holding citizens against their will and stealing.

“We may not have proved that this case is linked to Ergenekon and other shadowy networks,” said Cengiz. “But I think we convinced everyone in Turkey that this murder was not committed by [just five men]. We may not convict them, the network, before the court, but we already convicted them in the eyes of the public. I wish, of course, that we could also do that before the law. But at this stage this evidence and this file doesn’t seem to me capable of doing this.”

Graveyard Memorials

In churches and at various memorial services on Sunday (April 18), Christians around Turkey commemorated the deaths of the three slain men.

Scores of people came to the graves of Aydin in Izmir, Tilmann in Malatya and Yuksel in Elazig, an hour northeast of Malatya, to commemorate the deaths. The Malatya murders have become a milestone for the Turkish church, which is also eager for closure on the murder case and justice for those responsible.

“For the church, it’s another one of those events in life which we don’t understand but entrust it to the hands of a loving God who we believe in,” said Zekai Tanyar, chairman of the Association of Protestant Churches in Turkey. “I think one aspect is that the church in Turkey said this does not pull us away from the Lord; we continue to follow Him. It’s probably brought in sort of a depth in some ways, and it has certainly brought in awareness from the worldwide church, and therefore more prayer for Turkey.”

Tanyar said that while churches want to see closure for the sake of the families who lost their loved ones, they also want “the truth, the real culprits and mindsets behind the killings to be revealed somehow. So in a sense, our prayer is that God who is the worker of miracles will work these two contradictory expectations out; a closure and an exposure at the same time.”

Report from Compass Direct News 


Armed militants fire into crowd, seriously injuring three; jizye tax imposed in Orakzai.

ISTANBUL, April 27 (Compass Direct News) – As Taliban control hits pockets of Pakistan and threatens the nation’s stability, Christians worry their province could be the next to fall under Islamic law.

Violence on Tuesday night and Wednesday (April 21-22) near the port city of Karachi – some 1,000 kilometers (nearly 700 miles) from the Swat Valley, where the government officially allowed the Taliban to establish Islamic law this month – heightened fears. Christians in Taiser town, near Karachi, noticed on the walls of their church graffiti that read, “Long Live the Taliban” and calls for Christians to either convert to Islam or pay the jizye, a poll tax under sharia (Islamic law) paid by non-Muslims for protection if they decline to convert.

As members of the congregation erased the graffiti, armed men intervened to stop them. Soon 30-40 others arrived as support and began to fire indiscriminately at the crowd, leaving several injured. Among those seriously injured were three Christians, including a child, according to a report by advocacy group Minorities Concern of Pakistan: Emrah Masih, 35, Qudoos Masih, 30, and Irfan Masih, 11. A Pashtun named Rozi Khan was also among the injured.

Policemen and military forces arrested seven suspects at the scene and recovered an arms cache of semi-automatic pistols and a Kalashnikov assault rifle.

The Taliban is an insurgent movement of primarily Pashtun Islamists ousted from power in Afghanistan in 2001. Pakistani media portrayed the Karachi violence as a sectarian clash between Christians and Pashtuns that escalated into a gunfire exchange and that Christians committed arson attacks. The Daily Times claimed that the Christians protested the graffiti by setting ablaze some shops, including roadside stalls and pushcarts.

But a legal advocacy worker told Compass that police scattered the Christians when they began their protests and stood by as a Taliban-assembled mob attacked them.

“The Christians do not have guns, they do not have weapons, but only a little bit of property and the few things in their houses,” said Sohail Johnson, chief coordinator of Sharing Life Ministry Pakistan. “They are poor and have no courage to fight them. How can Christians, who lived like animals here, stand against them?”

Johnson said that local Christians, terrified over recent Talibanization campaigns, may not pursue legal action against the arrested men, although Asia News reported that Qudoos Masih filed an initial report at the Sarjani town police station. The Christians fear inciting violence by taking a stand against elements connected with the Taliban, Johnson said.

Eyewitnesses to the attacks against Christians in Karachi said they were religiously motivated. A representative of the Muttahida Quami Movement (MQM) regional party told Compass that after firing on the crowd, the Taliban went through Christian houses, ransacked them and burned one down. He said they also burned Bibles and beat women on the street. Reports of two execution-style killings of Christians could not be verified.

Karachi police and administration reportedly claimed that the Karachi attack came not from the Taliban but from Pashtuns who resettled in the area from the North West Frontier Province (NWFP). The MQM, however, has long suspected Taliban presence in Karachi.


Expanded Campaign of Violence

Local officials are worried that the Taliban is making inroads into Karachi, the financial center of Pakistan, in the same way it did within the Swat Valley in the NWFP.

In mid-February Pakistan’s fertile Swat Valley turned into a Taliban stronghold ruled by sharia under a “peace agreement,” but instead of honoring the accord with an end to bombings and other violence, the Islamic militants have expanded their campaign to outlying areas and other parts of the country. Of the 500 Christians remaining in Swat Valley when sharia was initially established in February, many have migrated to other provinces while those who stayed live in fear of a rise in violence against non-Muslims.

In the Federally Administered Tribal Area adjacent to the NWFP, the Taliban this month demanded a jizye payment of 50 million rupees (US$625,000) from Sikhs living in Orakzai Agency. Those who did not flee paid a combined total of 2 million rupees (US$25,000), and Christians worry they could be next. Relegating non-Muslims to dhimmi status – the second-class state of those subject to an Islamic administration and its jizye tax in exchange for protection – is part of the writings of the founder of the Jamiat Ulema-e-Islam (Assembly of Islamic Clergy), one of Pakistan’s main Islamic parties with ties to the Taliban in Afghanistan and similar parties in Bangladesh and Egypt.

Last week the Taliban effectively took control of Buner district, just 60 miles from the capital of Islamabad, and it has begun battling government soldiers in Malakland Agency.

Non-Muslims make up 3 percent of the population in the Muslim-majority nation of 176 million. They are frequently marginalized, particularly in the sharia-influenced justice system that gives precedence to Muslims. But they fear Taliban infiltration will accelerate their marginalization in a stealth manner, as they cannot tell the difference between a Taliban fighter and a community member.

“We cannot identify who is a Taliban fighter because there are an uncountable number of people who have a beard and wear a turban,” Johnson said. “We cannot recognize who belongs to the Taliban because they penetrate every corner of Pakistan.”

The MQM official in Karachi said many of the Christians in the area are poor and illiterate. They are on the lower rungs of the social ladder and have nobody to protect their interests except for the church.

“Nobody is going to help them,” he said. “The church can help them get education, but they are not also able to give them [security] help.”

His statements were backed by MQM leader Altaf Hussein, who called on Pakistan’s Interior Ministry to take emergency preventative measures to ensure the safety of minorities against the “rising activities of armed lawless elements,” according to The News International.

A local teacher said that during the looting police only stood by, making no effort to stop the Taliban as they ransacked Christian houses.

“Rather than stopping them, they allowed them to burn the houses, [harass] the Christian women and burn Bibles,” he said.

Although Pakistani politicians and security forces have said openly in recent weeks that the Taliban was closing in on Islamabad and could trigger a government collapse, they claimed the pro-Taliban slogans in Karachi were scrawled not by the Taliban but conspirators wanting to incite violence.

Maulana Fazlur Rehman, an Islamist party leader, said talk of the Talibanization of Karachi was merely a ruse to allow the United States to invade Pakistan as it had done to Afghanistan.

“Those raising this slogan are trying to create another Osama for America in this part of the world,” he said, according to The News International.

The Karachi attacks were part of escalating violence throughout the country. The government informed the National Assembly on April 20 that 1,400 people had been killed in terrorist attacks in the last 15 months.

Report from Compass Direct News


Dispute over evidence stalls bid by convert from Islam to change official ID.

ISTANBUL, January 13 (Compass Direct News) – An attempt by an Egyptian convert from Islam to legally change the religion listed on his identification card to “Christian” hit a setback on Jan. 6 when a judge ordered security personnel to remove his lawyer from court.

Attorney Nabil Ghobreyal was expelled from the courtroom at Cairo’s Administrative Court following a heated argument with Judge Mohammad Ahmad Atyia.

The dispute arose after Atyia refused to acknowledge the existence of legal documents detailing the successful attempt of a Muslim man to convert to the Baha’i faith. Ghobreyal had planned to submit the court records of the decision in support of his case.

The convert from Islam who is trying to legally convert to Christianity, Maher Ahmad El-Mo’otahssem Bellah El-Gohary, first submitted his request to alter the religious status stated on his ID in August 2008. He follows Muhammad Hegazy as only the second Egyptian Christian convert raised as a Muslim to request such a change.

El-Gohary received Christ in his early 20s. Now 56, he decided to legally change his religious affiliation out of concern over the effects that his “unofficial Christianity” has on his family. He said he was particularly concerned about his daughter, Dina Maher Ahmad Mo’otahssem, 14; though raised as a Christian, when she reaches age 16 she will be issued an identification card stating her religion as Muslim unless her father’s appeal is successful.

At school, she has been refused the right to attend Christian religious classes offered to Egypt’s Christian minorities and has been forced to attend Muslim classes. Religion is a mandatory part of the Egyptian curriculum.

El-Gohary also has charged that his nephew was denied a position in state security agencies because of his uncle’s religious “double life.”

“Why should my family pay for my choices?” said El-Gohary in a report by The Free Copts.

No date has been set for resumption of court proceedings, which, due to the dispute, will reconvene under a different judge.

Ghobreyal said he plans to submit a complaint to the High Administrative Court requesting an investigation of Atyia and the expulsion from court. “I am willing to continue the fight,” Ghobreyal told Compass through a translator, saying he remains hopeful of a positive outcome.

Despite a constitution that grants religious freedom, legal conversion from Islam to another faith remains unprecedented. Hegazy, who filed his case on Aug. 2, 2007, was denied the right to officially convert in a Jan. 29 court ruling that declared it was against Islamic law for a Muslim to leave Islam.

The judge based his decision on Article II of the Egyptian constitution, which enshrines Islamic law, or sharia, as the source of Egyptian law. The judge said that, according to sharia, Islam is the final and most complete religion and therefore Muslims already practice full freedom of religion and cannot return to an older belief (Christianity or Judaism).

The seminal nature of the El-Gohary and Hegazy cases is part of what makes them so controversial, according to Gamal Eid, director of the Arabic Network for Human Rights Information.

“First, there is no experience – this is a very new question, it has made judges and lawyers confused,” he said. “The second thing is that many judges are very religious, for many of them it is based on their religion, their thoughts; the law itself allows for people to convert, so that’s what we’re trying to do, have a decision based on law not on sharia.”

Eid attributed much of the reluctance to grant conversion to this religious bias.

“If the Minister of the Interior respected the law, we would not need to go to court,” he said. “The law says clearly that people can change their address, their career, their religion, they only have to sign an application and then they can have a new ID; the law allows people to convert from any religion to another.”

Egyptian President Anwar Sadat amended the constitution in 1980 to make sharia the main source of legislation in order to bolster support from Islamists against his secular and leftist rivals. Legal experts say there are two views of how sharia is to influence Egyptian law: That it is to be enforced directly in all government spheres, or that it is only to influence shaping of law by legislators and is not to be literally enforced by courts or other bodies.  

Report from Compass Direct News


Case against two converts drags on; media already passed sentenced on Christianity.

ISTANBUL, November 12 (Compass Direct News) – Two years into a trial for “insulting Turkishness” that has been light on evidence and heavy on mud-slinging at Turkey’s Protestant community, a court proceeding last week brought no progress.

Another witness for the prosecution failed to appear in the trial of Turkish Christians Turan Topal and Hakan Tastan, charged with “insulting Turkishness” and spreading Christianity through illegal methods. Moreover, a Justice Ministry answer to the court about the viability of charges under Turkey’s controversial Article 301 had yet to arrive at the court last week.

In the last hearing in June, Silivri Criminal Court Judge Mehmet Ali Ozcan ordered a review of the two Christian converts’ alleged violations of the controversial article of the Turkish penal code on “insulting Turkishness.” But the court is still waiting for the Justice Ministry to decide whether they can be tried under Article 301 of the penal code.

The judge set the next hearing for Feb. 24, 2009 while the court awaits a response on whether the Christians can be charged under the controversial article.

Topal and Tastan are still charged with reviling Islam (Article 216) and compiling information files on private citizens (Article 135).

In what critics called “cosmetic” revisions of Article 301, the Turkish government amended it in May to require Justice Ministry permission to file such cases. Put into effect on May 8, the changes also redefined the vague offense of “insulting Turkishness” to read “insulting the Turkish nation.”

While the court awaited a decision on Article 301, in the hearing on Nov. 4 it did free the defendants from forced attendance at future hearings. This, according to defense lawyer Haydar Polat, was the only progress made by the court; he added that a witness or evidence would have been better. For lack of these, he said, the prosecution has needlessly dragged out the case.

“In both cases [against them], the only acceptable progress is the testimony of a witness,” said Polat. “Then again, the fact that the defendants are free from having to attend every trial is in a sense progress too.”


Lame Witnesses

The initial charges prepared by the Silivri state prosecutor against Tastan and Topal were based on “a warning telephone call to the gendarme,” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six named gendarme soldiers to testify as prosecution witnesses in the case, none have stepped forward to testify.

“They will be called in the next hearing as well,” Polat told Compass.

At the June 24 hearing, two teenage witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses have failed to show up on various trial dates, and last week another witness called by prosecution, Fatih Kose, did not appear.

“There is no lack of witnesses, but as far as we are concerned, these characters’ accounts are irrelevant to the truth and full of contradictions,” said Polat. “I mean there is no believable and persuasive argument, nor a coherent witness.”

Last week a police officer from the precinct where Topal and Tastan were allegedly seen doing missionary activities was summoned to court to testify. He told the court that he indeed worked in the precinct but knew nothing about the activities of the two Christians.

Eleven months ago, the appointed prosecutor himself had demanded that the court acquit the two Christians, declaring there was “not a single concrete, credible piece of evidence” to support the accusations against them. This prosecutor was removed from the case, and two months later the judge hearing the case withdrew over prosecution complaints that he was not impartial.

Two key figures pressing the Article 301 charges and promoting sensational media coverage of the Silivri trial proceedings are now jailed themselves, unable to attend the hearings.

Both ultranationalist lawyer Kemal Kerincsiz and spokesperson Sevgi Erenerol of the Turkish Orthodox Church – a Turkish nationalist denomination with no significant following – are accused of playing leading roles in Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy.

Since mid-January, 47 people have been jailed and face trial for involvement in the alleged crime network, said to have orchestrated numerous killings and violence as part of a nationalist plot to overthrow the Turkish government by 2009.

Asked about the chances of closing the case that has made no progress for two years due to lack of evidence against the defendants, Polat said he was hopeful his clients would find justice in the Turkish legal labyrinth.

“As lawyers, we believe that both of our clients will be acquitted,” he said. “Come February we expect that the Justice Ministry will not approve the opening of a public case on the basis of ‘insulting Turkishness.’”


Slandering Christians

The trial of Topal and Tastan has included its share of mud-slinging at Turkish Protestants, estimated at 3,000 to 3,500 people in a country of 70 million, deepening the nation’s prejudices against them.

This legal battle has been less about guilt or innocence and more about tainting the community’s image, according to a member of the legal committee of the Alliance of Protestant Churches in Turkey.

The Christian Turk from the legal committee told Compass that in 2006, when the charges against Topal and Tastan first came to light, there were news reports for days claiming that Christians tricked children in elementary schools, paid people to come to church and gave women away for sex, among other absurd assertions.

“The goal was to create disinformation, and they succeeded at portraying Christians in a negative light,” he said.

The source said that this was the primary goal of ultranationalist lawyer Kerincsiz’s team, which he believes is behind the cases brought against Topal and Tastan as well as the delay in the outcome.

“On the first day of the hearings, when the case opened, I told those around me that nothing would come of this case,” he said.

The legal committee member said media created a psychological war against Turkish Christians. Other members of the Protestant community believe another goal was to deter any evangelism or outreach by Turkish Christians.

“It was to discourage the whole Christian community and quash them and discourage evangelism,” said another source.

The member of the legal committee said he believes that eventually Topal and Tastan will be acquitted. But even if they win the court case, the damage from the publicity war on the church will not be as easy to repair.

“I think everything will stay the same, because the case won’t be reported in the news,” he said. “The issue was not about whether these two were guilty or not. When this first broke out it was in the news for days. When it is over it will barely make it to a newspaper corner, and we won’t be able to give a message for the public because we don’t wield media power. We comfortably carry our quiet voice, and we will until then.”  

Report from Compass Direct News