Lawyer Calls Turkish Christians’ Trial a ‘Scandal’

Evidence still absent in case for ‘insulting Turkishness and Islam.’

SILIVRI, Turkey, October 16 (CDN) — After three prosecution witnesses testified yesterday that they didn’t even know two Christians on trial for “insulting Turkishness and Islam,” a defense lawyer called the trial a “scandal.”

Speaking after yesterday’s hearing in the drawn-out trial, defense attorney Haydar Polat said the case’s initial acceptance by a state prosecutor in northwestern Turkey was based only on a written accusation from the local gendarmerie headquarters unaccompanied by any documentation.

“It’s a scandal,” Polat said. “It was a plot, a planned one, but a very unsuccessful plot, as there is no evidence.”

Turkish Christians Hakan Tastan and Turan Topal were arrested in October 2006; after a two-day investigation they were charged with allegedly slandering Turkishness and Islam while talking about their faith with three young men in Silivri, an hour’s drive west of Istanbul.

Even the three prosecution witnesses who appeared to testify at Thursday’s (Oct. 15) hearing failed to produce any evidence whatsoever against Tastan and Topal, who could be jailed for up to two years if convicted on three separate charges.

Yesterday’s three witnesses, all employed as office personnel for various court departments in Istanbul, testified that they had never met or heard of the two Christians on trial. The two court employees who had requested New Testaments testified that they had initiated the request themselves.

The first witness, a bailiff in a Petty Offenses Court in Istanbul for the past 28 years, declared he did not know the defendants or anyone else in the courtroom.

But he admitted that he had responded to a newspaper ad about 10 years ago to request a free New Testament. After telephoning the number to give his address, he said, the book arrived in the mail and is still in his home.

He also said he had never heard of the church mentioned in the indictment, although he had once gone to a wedding in a church in Istanbul’s Balikpazari district, where a large Armenian Orthodox church is located.

“This is the extent of what I know about this subject,” he concluded.

Fidgeting nervously, a second witness stated, “I am not at all acquainted with the defendants, nor do I know any of these participants. I was not a witness to any one of the matters in the indictment. I just go back and forth to my work at the Istanbul State Prosecutors’ office.”

The third person to testify reiterated that he also had no acquaintance with the defendants or anyone in the courtroom. But he stated under questioning that he had entered a website on the Internet some five or six years ago that offered a free New Testament.

“I don’t know or remember the website’s name or contents,” the witness said, “but after checking the box I was asked for some of my identity details, birth date, job, cell phone – I don’t remember exactly what.”

Noting that many shops and markets asked for the same kind of information, the witness said, “I don’t see any harm in that,” adding that he would not be an open person if he tried to hide all his personal details.

For the next hearing set for Jan. 28, 2010, the court has repeated its summons to three more prosecution witnesses who failed to appear yesterday: a woman employed in Istanbul’s security police headquarters and two armed forces personnel whose whereabouts had not yet been confirmed by the population bureau.

Case ‘Demands Acquittal’

Polat said after the hearing that even though the Justice Ministry gave permission in February for the case to continue under Turkey’s controversial Article 301, a loosely-defined law that criminalizes insulting the Turkish nation, “in my opinion the documents gathered in the file demand an acquittal.”

“There is no information, no document, no details, nothing,” Polat said. “There is just a video, showing the named people together, but what they are saying cannot be heard. It was shot in an open area, not a secret place, and there is no indication it was under any pressure.”

But prosecution lawyer Murat Inan told Compass, “Of course there is evidence. That’s why the Justice Ministry continued the case. This is a large ‘orgut’ [a term connoting an illegal and armed organization], and they need to be stopped from doing this propaganda here.”

At the close of the hearing, Inan told the court that there were missing issues concerning the judicial legality and activities of the “Bible research center” linked with the defendants that needed to be examined and exposed.

Turkish press were conspicuously absent at yesterday’s hearing, and except for one representative of the Turkish Protestant churches, there were no observers present.

The first seven hearings in the trial had been mobbed by dozens of TV and print journalists, focused on ultranationalist lawyer Kemal Kerincsiz, who led a seven-member legal team for the prosecution.

But since the January 2008 jailing of Kerincsiz and Sevgi Erenerol, who had accompanied him to all the Silivri trials, Turkish media interest in the case has dwindled. The two are alleged co-conspirators in the massive Ergenekon cabal accused of planning to overthrow the Turkish government.

This week the European Commission’s new “Turkey 2009 Progress Report” spelled out concerns about the problems of Turkey’s non-Muslim communities.

“Missionaries are widely perceived as a threat to the integrity of the country and to the Muslim religion,” the Oct. 14 report stated. “Further efforts are needed to create an environment conducive to full respect of freedom of religion in particular.”

In specific reference to Tastan and Topal’s case, the report noted: “A court case against two missionaries in Silivri continued; it was also expanded after the Ministry of Justice allowed judicial proceedings under Article 301 of the Criminal Code.”

The Turkish constitution guarantees freedom of religion to all its citizens, and the nation’s legal codes specifically protect missionary activities.

“I trust our laws on this. But psychologically, our judges and prosecutors are not ready to implement this yet,” Polat said. “They look at Christian missionaries from their own viewpoint; they aren’t able to look at them in a balanced way.”

Report from Compass Direct News 

EGYPT: TWO COPTS RE-ARRESTED IN ABU FANA MURDER

Christians fear police coercing them to drop charges of Muslim attack on monastery.

ISTANBUL, May 29 (Compass Direct News) – Police this month released two Copts wrongfully arrested for killing a Muslim during an attack on Abu Fana monastery in Egypt in May 2008, but then re-arrested them as part of an intimidation campaign against Christians, their lawyer said.

More worrisome to the Christians in custody is that their fate most likely will be decided outside of the justice system, in “reconciliation meetings.” The state prosecutor investigating the case has not announced the results of his findings on the true identity of the murderer, as he is awaiting the outcome of the out-of-court talks between Copts and local Muslims.

Brothers Refaat and Ibrahim Fawzy Abdo have been incarcerated for a year. On May 3 the two brothers were released on bail, but the Minya State Security Services issued a new detention order and had them arrested on May 20 for “security reasons.” Egyptian security forces can incarcerate people without reason according to provisions in criminal law.

A criminal court in Cairo ordered the release of the Fawzy Abdo brothers twice, but each time the interior ministry issued another arrest order. Advocacy groups say the interior ministry is working with local police and the investigating officer to keep them detained, force a confession and make the Copts look guilty in the Abu Fana attack.

“Police arrested them for reasons of ‘security concerns’ in spite of no evidence,” said Ibrahim Habib, chairman of United Copts of Great Britain. “They are comforting Islamists by scapegoating Christians.”

The two men worked as building contractors on the walls of Abu Fana monastery in Upper Egypt when nearly 60 armed Muslim residents attacked it in May 2008. The attack left one Muslim dead and four Christians injured, and two of three monks briefly kidnapped were tortured.

Five days after the attacks, security forces arrested the Fawzy Abdo brothers, charging them with murder. In November they were sent to El Wadi El Gadid Detention Camp near the Egypt-Sudan border and tortured as authorities tried to extract a false confession of murder, their lawyer said.

Minya Gov. Ahmed Dia el-Din claimed the Muslim murdered at Abu Fana was killed by one of the brothers from 80 meters away. But the Coptic brothers’ lawyer, Zachary Kamal, told Compass that an autopsy showed a bullet fired from a short distance.

The two men have faced extreme conditions in prison such as solitary confinement and broken teeth from beatings, and they have not been allowed to see their families, who are undergoing extreme hardship. Refaat Fawzy Abdo has six children and Ibrahim Fawzy Abdo has seven; both Christians are the breadwinners of their households.

Reconciliation Instead of Justice?

Reconciliation meetings with area Muslims continue with the participation of Coptic businessmen, the diocese of Mallawi, a member of Parliament and attorney Kamal, all under the auspices of the police.

Such meetings are somewhat customary in Egypt, in which different parties come together to settle legal matters out of court. They carry a social purpose of restoring faith and communal harmony in the face of sectarian tensions.

Kamal said he was not opposed to a reconciliation meeting instead of normal judicial channels, but that terms of the discussion were unacceptable. Authorities want the brothers to admit to the murder of the Muslim and the Copts to pay compensation to the victim’s family.

“They want the Copts to accept guilt, but that means they will carry the blood of the victim the rest of their lives,” Kamal said.

Other Copts worry that the meetings are a substitute for administrative justice, and that police are using the brothers as a bargaining tool to force Abu Fana’s monks to drop charges against local Muslims and call off the investigation of the attack.

“The brothers are still held because they are being used as a negotiation chip,” said Samia Sidhom, English editor of Egyptian Christian weekly Watani. “The reconciliation efforts are to make the monks change their testimony. If they do that, the brothers will be released.”

Sidhom said that Coptic church leaders entered into negotiations with local Muslims and politicians and gave up their legal rights because obtaining justice in the Islamist-tilted Egyptian legal system is very difficult.

“Typically a Copt or their buildings are attacked, and the only way for the police to avoid punishing the culprits is through these reconciliation meetings, where the Copts give up any legal rights they have,” Sidhom said.

State officials, however, said the Copts are superimposing religious persecution claims onto a simple argument over property. The Minya governor said the attacks were not religious but were provoked by a long-standing land dispute between the monks and local Bedouins.

Whether the monastery attack started as a land dispute or not, the findings of secular rights groups revealed that in the course of the violence, attackers tied two of the kidnapped monks to a palm tree, whipped and beat them, and forced them to spit on a cross and give the confession of Islam, according to the Egyptian Initiative for Personal Rights.

Motives for the May 2008 attacks against the monastery, located 200 kilometers (124 miles) south of Cairo, are still unknown. Coptic advocacy groups claim the attacks were motivated by growing hostility against Egypt’s Christian community.

Report from Compass Direct News

TURKEY: ‘INSULTING TURKISHNESS’ CASE PROCEEDS UNDER REVISED LAW

Ministry of Justice decision suggests spreading Christianity may be unlawful in Turkey.

ISTANBUL, March 20 (Compass Direct News) – Turkey’s decision last month to try two Christians under a revised version of a controversial law for “insulting Turkishness” because they spoke about their faith came as a blow to the country’s record of freedom of speech and religion.

A Silivri court on Feb. 24 received the go-ahead from the Ministry of Justice to try Christians Turan Topal and Hakan Tastan under the revised Article 301 – a law that has sparked outrage among proponents of free speech as journalists, writers, activists and lawyers have been tried under it. The court had sent the case to the Ministry of Justice after the government on May 8, 2008 put into effect a series of changes – which critics have called “cosmetic” – to the law.

The justice ministry decision came as a surprise to Topal and Tastan and their lawyer, as missionary activities are not illegal in Turkey. Defense lawyer Haydar Polat said no concrete evidence of insulting Turkey or Islam has emerged since the case first opened two years ago.

“The trial will continue from where it left off – to be honest, we thought they wouldn’t give permission [for the case to continue],” said Polat, “because there was no persuasive evidence of ‘degrading Turkishness and Islam’ in the case file.”

A Ministry of Justice statement claimed that approval to try the case came in response to the original statement by three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms, and Polat said Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” said Polat. “In Turkey, constitutionally speaking it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer contended that prosecuting lawyers have given political dimensions to the case by rendering baseless accusations in a nationalistic light.

“From their point of view, missionary activity carried out by missionaries of imperialistic countries is harmful for Turkish culture and the country overall,” Polat said.

Tastan said that although he has always been confident that he and Topal will be acquitted, the decision of the Ministry of Justice to try them under Article 301 left him deeply disappointed in his own country.

“After this last hearing, I realized that I didn’t feel as comfortable as I had been in the past,” Tastan told Compass. “I believed that surely the Ministry of Justice would never make the decision they did.”

Tastan said he was uneasy that his country would deem his Christian faith as insulting to the very Turkishness in which he takes pride.

“This is the source of my uneasiness: I love this country so much, this country’s people, that as a loving Turk who is a Christian to be tried for insulting Turkey has really cut me up,” said Tastan. “Because I love this nation, I’ve never said anything against it. That I’m a Christian, yes, I say that and I will continue to do so. But I think they are trying to paint the image that we insult, dislike and hate Turks. This really makes me sad and heartsick.”

If nothing else, Tastan said, the trial has provided an opportunity for Turkish Christians to show God’s love and also make themselves known to their compatriots. He called the ministerial decision duplicitous.

“A government that talks the European Union talk, claims to respect freedom, democracy, and accept everyone, yet rejects me even though I’m a Turkish citizen who is officially a Christian on his ID card, has made me sad,” he said. “That’s why I’m disappointed.”

 

No-Shows

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which last week acquired official association status and is now called “The Society for Propagating Knowledge of the Bible.” In the last court hearing, prosecutors demanded that further inquiries be conducted into the nature of the association since the defendants used their contact lists to reach people interested in Christianity.

“Because they think like this, they believe that the Bible center is an important unit to the missionary activities,” said Polat. “And they allege that those working at this center are also guilty.”

The court has yet to decide whether police can investigate the Christian association.

Polat and the defendants said they believe that as no evidence has been presented, the case should come to a conclusion at the next hearing on May 28.

“From a legal standpoint, we hope that they will acquit us, that it will be obvious that there is no proof,” said Tastan. “There have only been allegations … none of the witnesses have accused us in court. I’m not a legal expert, but I believe that if there is no proof and no evidence of ‘insulting,’ then we should be set free.”

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 Christian missionaries were trying to form illegal groups in local schools and insulting Turkishness, the military and Islam.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six gendarme soldiers to testify as prosecution witnesses, none have stepped forward to do so. At a June 24, 2008 hearing, two witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses – including one of the original complainants, Kose – have failed to show up on various trial dates.

“We believe the case has arrived to a concluding stage, because all evidence has been collected and the witnesses have been heard,” Polat said. “We believe the accused will be dismissed. The inverse would surprise us.”

Polat underlined that while the case shows that human rights violations in Turkey are still a “serious problem,” it is also true that Turkey’s desire to join the European Union has brought sincere efforts to improve democratic processes. He attested, however, that establishing a true democracy can be a long process that requires sacrifices.

“It is my conviction that there is no other way for people to believe in and establish democracy than through struggle,” he said.

Tastan added that he sees hope that the notion that being “Turkish” means being Muslim is breaking. Due to exposure to media coverage of the murder trial of the April 18, 2007 slaughter of three Christians in Malatya, he said, Turks are becoming aware that there are fellow citizens who are Christians and are even dying for their Lord.

“This makes me happy, because it means freedom for the Turkish Christians that come after us,” said Tastan. “At least they won’t experience these injustices. I believe we will accomplish this.”

For the time being, though, the Ministry of Justice’s decision that Tastan and Topal can be tried under the revised Article 301 law appears to contribute to the belief that to promulgate a non-Islamic faith in Turkey is tantamount to treason. As Turkish online human rights magazine Bianet headlined its coverage of the decision, “Ministerial Edict: You Can Be a Christian But Do Not Tell Anyone!”  

Report from Compass Direct News

TURKEY: MUSLIM SENTENCED FOR STABBING PRIEST IN IZMIR

Assailant influenced by TV series defaming Christian missionaries.

ISTANBUL, January 12 (Compass Direct News) – A judge in Turkey sentenced a 19-year-old Muslim to four-and-a-half years in prison on Jan. 5 for stabbing a Catholic priest in the coastal city of Izmir in December 2007.

Ramazan Bay, then 17, had met with Father Adriano Franchini, a 65-year-old Italian and long-term resident of Turkey, after expressing an interest in Christianity following mass at St. Anthony church. During their conversation, Bay became irritated and pulled out a knife, stabbing the priest in the stomach.

Fr. Franchini was hospitalized but released the next day as his wounds were not critical.

Bay, originally from Balikesir 90 miles north of Izmir, reportedly said he was influenced by an episode of the TV serial drama “Kurtlar Vadisi” (“Valley of the Wolves”). The series caricatures Christian missionaries as political “infiltrators” who pay poor families to convert to Christianity.

“Valley of the Wolves” also played a role in a foiled attack on another Christian leader in December 2007. Murat Tabuk reportedly admitted under police interrogation that the popular ultra-nationalist show had inspired him to plan the murder of Antalya pastor Ramazan Arkan. The plan was thwarted, with the pastor receiving armed police protection and Antalya’s anti-terrorism police bureau ordering plainclothes guards to accompany him.

Together with 20 other Protestant church leaders, Arkan on Dec. 3, 2007 filed a formal complaint with the Istanbul State Prosecutor’s office protesting “Valley of the Wolves” for “presenting them as a terrorist group and broadcasting scenes making them an open target.”

The series has portrayed Christians as selling body parts, being involved in mafia activities and prostitution and working as enemies of society in order to spread the Christian faith.

“The result has been innumerable, direct threats, attacks against places of worship and eventually, the live slaughter of three innocent Christians in Malatya,” the complaint stated.

The Protestant leaders demanded that Show TV and the producers of “Valley of the Wolves” be prosecuted under sections 115, 214, 215, 216 and 288 of the Turkish penal code for spreading false information and inciting violence against Christians.

The past three years saw six separate attacks on priests working across the country, the most serious of which resulted in the death of Father Andreas Santoro in Trabzon. As with Fr. Franchini, many of the attacks were coupled with accusations of subversion and “proselytizing.”

Although a secular republic, Turkey has a strong nationalistic identity of which Islam is an integral part.

Television shows such as “Valley of the Wolves” may not be the norm, but the recent publication of a state high school textbook in which “missionary activity” is also characterized as destructive and dangerous has raised questions about Turkey’s commitment to addressing prejudice and discrimination.

“While there is a general attitude [of antipathy], I think that the state feeds into it and propagates it,” said a spokesperson for the Alliance of Protestant Churches of Turkey (TEK). “If the State took a more accepting and more tolerant attitude I think the general attitude would change too.”

At the end of 2007 TEK issued a summery of the human rights violations that their members had suffered that year. As part of a concluding appeal they urged the state to stop an “indoctrination campaign” aimed at vilifying the Christian community.

TEK will soon release its rights violations summery for 2008, and it is likely that a similar plea will be made.

“There is police protection, and they have caught some people,” the TEK spokesperson said. “There is an active part of the state trying to prevent things, but the way it is done very much depends on the situation and how at that moment the government is feeling as far as putting across a diplomatic and political statement. There is hypocrisy in it.”

A survey carried out in 2005 by the Pew Global Attitudes Project also suggested a distinctly negative attitude towards Christians among Turks, with 63 percent describing their view of Christians as “unfavorable,” the highest rate among countries surveyed.

Niyazi Oktem, professor of law at Bilgi University and president of a prominent inter-faith organization in Turkey called the Intercultural Dialogue Platform, said that while the government could do more to secure religious freedom, he would not characterize Turkish sentiment towards Christians as negative.

“I can say that general Turkish feeling towards the Christian religion is not hostile,” said Oktem. “There could be, of course, some exceptions, but this is also the case in Christian countries towards Islam.”

Report from Compass Direct News