MH17 charges: who the suspects are, what they’re charged with, and what happens next

Amy Maguire, University of Newcastle

Four men – three Russians and one Ukrainian – will be charged in relation to the shooting down of the Malaysia Airlines flight MH17, which killed all 298 passengers and crew on board.

Dutch prosecutors will launch a criminal trial in The Hague on March 9, 2020. But the accused are beyond the jurisdiction of the court, and will most likely be tried in absentia. This means the accused will not be physically present in the court room.

The prosecutors argue the four accused were jointly responsible for obtaining a BUK TELAR missile launcher (a launcher for self-propelled, surface-to-air missiles allegedly owned by the Russian military) in the city of Kursk, and launching it from Ukraine.

They say the four men are responsible for the atrocity because they had the intention to shoot down an aircraft, and obtained the missile launcher for that purpose.

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Read more:
Ukraine: with parliament dissolved, new president must now get serious – here’s how

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While investigators have not accused any suspects of actually firing the missile, they say in future they may identify others with that responsibility.

For the victims and their loved ones, these Dutch criminal trials present the best hope of legal acknowledgement for the tragedy.

The MH17 atrocity

On July 17, 2014, flight MH17 was travelling from Amsterdam to Kuala Lumpur when it was shot down over Ukraine.

The Joint Investigative Team (JIT), led by Dutch authorities and comprising investigators from Malaysia, Australia, Belgium and Ukraine, concluded in 2016 that the flight was shot down by a Russian BUK missile.

The JIT identified the launch location as a field in eastern Ukraine, which at the time was in territory controlled by pro-Russian fighters.

The countries central to the investigation – including Australia, which lost 38 people – and the victims’ families have explored a range of legal strategies to assign blame for the attack.

Then Foreign Minister Julie Bishop initially proposed a war crimes trial for MH17, but this was vetoed by Russia in the UN Security Council.

Some civil claims on behalf of victims’ families are ongoing before the European Court of Human Rights.

And hearings are ongoing before the International Court of Justice, where Ukraine seeks to make a case against Russia. Ukraine cites the MH17 atrocity as characteristic of broader Russian aggression and lack of respect for Ukrainian sovereignty and independence.

Russia’s response

The Russian Foreign Ministry rejected this week’s announcement, in line with its earlier rejections of the JIT conclusions. It said:

Once again, absolutely groundless accusations are being made against the Russian side, aimed at discrediting the Russian Federation in the eyes of the international community.

Russian President Vladimir Putin earlier called the crash a “terrible tragedy”, but said Russia bore no responsibility for it.

Russian officials have claimed they were prepared to assist the investigation but had been “frozen out” of it.

Who are the accused?

Three of the four accused are Russian nationals, believed to be living in Russia.

Igor Girkin is a former colonel in the Russian security service. At the time of the atrocity, Girkin was the minister of defence in the so-called Donetsk People’s Republic, a pro-Russian separatist region of Ukraine.

The other two Russian accused, Sergey Dubinsky and Oleg Pulatov, are former Russian military intelligence agents who worked under Girkin.

Leonid Kharchenko is the only Ukrainian national accused. Investigators are not certain of his current location. At the time of the atrocity, Kharchenko led a separatist combat unit.

The specific charges in relation to the four named suspects will be:

1. Causing the crash of flight MH17, resulting in the death of all persons on board, punishable pursuant to Article 168 of the Dutch Criminal Code

2. The murder of the 298 persons on board of flight MH17, punishable pursuant to Article 289 of the Dutch Criminal Code.

The investigation is ongoing and continues to call for witnesses to assist.

What are the prospects for the trial?

Dutch investigators will issue international arrest warrants for the four accused and place them on international wanted lists. But they won’t issue extradition requests because they know already that no extradition of nationals is available under the Ukrainian or Russian constitutions.

It seems impossible for the Dutch court to gain actual jurisdiction over the Russian accused. Potentially, should Ukrainian authorities apprehend Kharchenko, he could be tried via video-link.

The Netherlands and Ukraine have entered into an agreement that would permit such an arrangement and – should Kharchenko be convicted – allow for his imprisonment in Ukraine.

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Read more:
Challenges persist for multiple legal actions regarding MH17

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The charges and any penalties originate in Dutch, rather than international, criminal law. Convictions for murder or the intentional downing of an aircraft could result in sentences of up to life imprisonment.

It’s fair to question the value of a prosecution without a court having actual jurisdiction over the accused. The only real answer is that such a trial would enable the presentation and adjudication of evidence and the judgement of a court as to whether charges are made out.

A memorial for the victims of MH17 in the Donetsk region, Ukraine.
Shutterstock

As time goes, the chances of successful prosecutions decline. Meanwhile, interested countries and the victims’ families continue to call for legal redress for the atrocity.

It is also legitimate to ask whether a court can ensure a fair trial for accused persons tried in absentia.

Although it is not explicitly prohibited by international human rights law, the absence of defendants and presumably any legal representative from the courtroom means the accused will not hear the evidence against them or have the ability to present a defence.

Given the four named accused are beyond the actual jurisdiction of the Dutch courts, it can be argued that they (and, at least in the case of Russia, their country) are wilfully avoiding the process of justice. This may be, for some or many observers, sufficient justification for trying them in their absence.

Amy Maguire, Associate Professor, University of Newcastle

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Paris Terror Attack Suspects Killed After Police Standoffs

Paris Terror Suspects Cornered With Hostage

Latest Persecution News – 16 June 2012

Police in Pakistan Decline to Prosecute Rape/Beating Suspects

The following article reports on the latest news of persecution in Pakistan, where police have refused to arrest suspects accused of crimes against Christians.

http://www.compassdirect.org/english/country/pakistan/article_1599572.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

India’s Anti-Christian Violence in 2008 Linked to Terrorists

Christians call for agency to probe anti-Muslim terrorism ties to Orissa-Karnataka attacks.

NEW DELHI, March 25 (CDN) — Right-wing terrorists played a key role in attacking and killing Christians in Orissa and Karnataka states in 2008, one of the Hindu extremist suspects in anti-Muslim bomb blasts has told investigators, leading to renewed demands for a probe by India’s anti-terror agency.

Pragya Singh Thakur, arrested for planning 2008 bombings targeting Muslims in west India, told the National Investigation Agency (NIA) that Lt. Col. Prasad Srikant Purohit had “masterminded” the 2008 anti-Christian violence in Orissa and Karnataka, The Indian Express daily reported on Wednesday (March 23). Purohit is accused along with Thakur for the 2008 bombings of Muslims.

Thakur had met with Purohit after the August 2008 Kandhamal attacks against Christians began and told her “he was into big things like blasts, etc., and had masterminded the Orissa and Karnataka ‘disturbances,’” the national daily reported.

The NIA, a recently formed agency to prevent, probe and prosecute terrorism-related incidents on a national scale, is investigating several cases involving right-wing terrorism aimed at the Muslim minority in retaliation for Islamist attacks. Both Thakur, formerly a member of the Hindu nationalist Bharatiya Janata Party’s student wing, and Purohit, who was serving in the Indian Army when he was arrested for his role in blasts in Malegaon city in western Maharashtra state, were part of the Hindu extremist Abhinav Bharat.

Thakur’s statement to the NIA came soon after a Directorate of Military Intelligence report said Purohit had confessed to having killed at least two Christians in Kandhamal and playing a role in violence in Karnataka and other states.

The revelation by Thakur was not surprising, said John Dayal, secretary general of the All India Christian Council.

“We have held that the military precision of the Kandhamal riots, which spread fast and raged for months, could not be a work of mere common people, and that higher brains were at work to ‘teach the Christians a lesson’ while sending out signals of their power lust to the entire nation,” Dayal told Compass.

The violence in Kandhamal began following the assassination of a Hindu extremist leader Laxmanananda Saraswati on Aug. 23, 2008. Though Maoists claimed responsibility for the murder, Hindu extremists blamed Christians for it. The violence began after the arrival of Indresh Kumar, an executive committee member of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS) and a suspect in blast cases, said Kandhamal activist Ajay Singh. Local media reports said Kumar was part of Saraswati’s funeral procession, which was designed to trigger the attacks, Singh added.

The RSS denies having played any role in terrorism. On March 12, Ram Madhav, an RSS national executive committee member, called the allegation against Kumar “a concerted political campaign.” Those who were dragging the RSS leader into blast cases “will stand thoroughly exposed,” The Times of India daily quoted him as saying.

Dayal and another Christian leader, Joseph Dias, said they had separately written to India’s prime minister and home minister seeking inclusion of the anti-Christian attacks in an ongoing NIA investigation. Sajan K. George of the Global Council of Indian Christians (GCIC) said he had petitioned the president for the same.

Dias, general secretary of the Catholic-Christian Social Forum, a Maharashtra-based rights group, recalled that violence in Kandhamal spread across 13 other districts of Orissa.

“In Kandhamal alone, more than 6,600 homes were destroyed, 56,000 people rendered homeless, thousands injured, and about 100 men and women [were] burned alive or hacked to death,” Dias said. “Among the women raped was a Catholic nun.”

In September 2008, as the violence continued in Kandhamal, a series of attacks on Christians and their property rocked Mangalore city in Karnataka state.

“In Karnataka, it was hundreds of churches that were desecrated, Christians brutally beaten up, over 350 false cases foisted on them, property held by the community taken over, and no relief to date [has been] received,” Dias said.

While the government of Orissa downplayed the violence as “ethnic tensions,” Karnataka officials blamed it on Christian conversions.

The RSS and outfits linked to it such as the Vishwa Hindu Parishad (World Hindu Council) and the Vanavasi Kalyan Ashram, which claims to work for tribal welfare, facilitated the Kandhamal attacks together with alleged Hindu nationalist terrorists, Dayal said.

“We want the truth about Hindu groups’ anti-national terror activities against minority Christians to come out,” said George, whose GCIC is based in Karnataka.

Dias warned that that the latest statement by Thakur must not to be seen in isolation, as the Military Intelligence report revealed that the Abhinav Bharat had targeted Christians in several states, including Madhya Pradesh and Maharashtra.

The “game plan” is to “cripple Christian religious places, property and institutions, besides eliminating its nascent community leadership at the grassroots,” Dias added.

The Abhinav Bharat was formed in 2007 by a few right-wing Hindus allegedly disillusioned with the leaders of the Hindu nationalist movement, whom they thought were too timid to make India a Hindu nation, rather than one based on religious pluralism.

Report from Compass Direct News
http://www.compassdirect.org

Two Christians Slain in Attack Outside Church in Pakistan

Muslim youths kill two, wound two others after dispute over teasing of Christian women.

KARACHI, Pakistan, March 22 (CDN) — Two Christians were gunned down and two others are in a serious condition with bullet wounds after Muslim youths attacked them outside a church building in Hyderabad last night, witnesses said.

Residents of Hurr Camp, a colony of working-class Christians in Hyderabad in Sindh Province, were reportedly celebrating the 30th anniversary of their Salvation Army church when a group of Muslim youths gathered outside the building and started playing music loudly on their cell phones. They also started teasing Christian women as they arrived for the celebration, according to reports.

Christians Younis Masih, 47, Siddique Masih, 45, Jameel Masih, 22, and a 20-year-old identified as Waseem came out of the church building to stop the Muslim youths from teasing the Christian women, telling them to respect the sanctity of the church. A verbal clash ensued, after which the Muslim youths left, only to return with handguns.

Witnesses told Compass by phone that the Muslim youths opened fire on the Christians, killing Younis Masih and Jameel Masih instantly, and seriously injuring Siddique Masih and Waseem. The injured men have been transferred to a hospital in Karachi, the provincial capital of Sindh.

Younis Masih is survived by his wife and four children, while Jameel Masih was married only a month ago, and his sudden death has put his family into a state of shock.

“My son had gone to the church to attend the anniversary celebrations from our family…a few hours later we were told about his death,” a wailing Surraya Bibi told Compass by telephone from Hyderabad. “I got him married only a month ago. The cold-blooded murderers have destroyed my family, but our most immediate concern is Jameel’s wife, who has gone completely silent since the news was broken to her.”

She said the local police’s indifference towards the brutal incident had exacerbated the Christians’ sorrow.

“The police were acting as if it was not a big deal,” she said. “They did not register a case until late at night, when all of us blocked the main Hyderabad Expressway along with the two dead bodies for some hours.”

Jameel Masih’s paternal uncle, Anwar Masih, told Compass that police were biased against the Christians, as “none of the accused has been arrested so far, and they are roaming the area without any fear.”

He said police had taken into custody some teenagers who had no involvement in the killings.

“This has been done just to show their senior officials that they are not sitting idle,” he said.

Anwar Masih said the families had little hope for justice, because “if we have to dishonor the dead bodies by placing them on the roads to get a case registered, what should we hope for when the investigations begin?”

He said that during their protest, some leaders of the Muttahida Qaumi Movement, a regional political party known for its secular but often violent ideology, arrived and suggested the Christians retaliate against the Muslims.

“We told them that as Christians we are not going to take the law into our hands,” Anwar Masih said.

He said that Jameel Masih’s father, Sardar Masih, and the other Christians would visit the Baldia Colony police station Wednesday morning (March 23) to see whether there has been any progress in the investigation.

“Please pray for us,” he said.

Compass made efforts to contact Hyderabad District Police Officer Munir Ahmed Sheikh to ask about progress in the case and whether any of the named suspects have been arrested by police, but the calls were unanswered.

The killing of the two Christians comes a week after another Christian, sentenced to life imprisonment on false blasphemy charges, died in Karachi Central Prison. The family of Qamar David claims he was murdered on March 15, while conflicting reports from the jail suggest that he died of heart failure.

If David died from torture, yesterday’s killings bring the number of Christians murdered in March alone to four, the most prominent among them being Federal Minister for Minority Affairs Shahbaz Bhatti, who was assassinated in Islamabad on March 2 for opposing the country’s controversial blasphemy laws.

Report from Compass Direct News
http://www.compassdirect.org

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
http://www.compassdirect.org

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
courses.

“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
http://www.compassdirect.org

Links between Murders in Turkey and ‘Masterminds’ Expected

Witnesses previously barred will be allowed to testify.

ISTANBUL, December 20 (CDN) — Attorneys prosecuting the murder of three Christians in southeastern Turkey are making progress linking the knifemen who slayed them to the masterminds who put them up to it, an attorney representing the family of one of the victims said Friday (Dec.17).

Two witnesses, Veysel Şahin and Ercan Gelni – whose testimony the court previously blocked – will be allowed to testify about the plans behind the killings in Malatya. The judge changed his previous ruling blocking their testimonies because of new evidence that recently became available.

The court will also protect a witness whose testimony would have possibly put him in danger. The latest court hearing was on Dec. 3.

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.

 

Establishing Links

Prosecutors have contended that the killings were related to a larger conspiracy by the military and nationalists to destabilize the government by targeting minorities in Turkish society.

“The people responsible are not just confined to the young men caught at the crime scene,” said Orhan Cengiz, one of the attorneys representing the interests of the victim’s families in the case. “Everybody knows the youngsters have connections [to the nationalists].”

The new decision shows the court’s “willingness” to look into possible links between the killers and the gendarmerie, a special police force in Turkey that deals with internal security issues and is allegedly a key player in the destabilization plot, Cengiz said.

Suzanne Geske, widow of Tilmann Geske, said she wants the Malatya murder trial linked with the trial over the Cage Operation Action Plan, believed to be part of the Ergenekon “deep state” operation to destabilize the government.

“I want the Zirve Publishing House killings to be merged with the case into the Cage Operation Action Plan,” Geske told Turkish newspaper Today’s Zaman. “I do not believe that those young men could have carried out the murders on their own. Some de facto links are evident. There are other influences behind these murders.”

Ergenekon is an alleged “deep state” operation referring to a group of retired generals, politicians and other key figures thought by some to be the true power brokers in Turkey.

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 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.

Newspapers have 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.

“I believe that there is an ulterior motive behind the killings,” Geske reportedly said. “This may be linked to Ergenekon or another criminal group. I believe that the young men who carried out the murders were directed by criminal elements. I want those criminal elements to be exposed. Otherwise, the lives of those young men will be wasted while the real criminals will go unpunished.”

The next Malatya hearing is scheduled for Jan. 20.

Report from Compass Direct News

Iraqis Mourn Victims of Massive Attack on Church

Islamic extremist assault, security force operation leave at least 58 dead.

ISTANBUL, November 2 (CDN) — Amid questions about lax security, mourners gathered in Iraq today to bury the victims of Sunday’s (Oct. 31) Islamic extremist assault on a Syrian Catholic Church in Baghdad, one of the bloodiest attacks on the country’s dwindling Christian community.

Seven or eight Islamic militants stormed into Our Lady of Salvation church during evening mass after detonating bombs in the neighborhood, gunning down two policemen at the stock exchange across the street, and blowing up their own car, according to The Associated Press (AP). More than 100 people were reportedly attending mass.

A militant organization called the Islamic State of Iraq, which has links to al Qaeda in Mesopotamia, claimed responsibility for the attack. The militants sprayed the sanctuary with bullets and ordered a priest to call the Vatican to demand the release of Muslim women whom they claimed were held hostage by the Coptic Church in Egypt, according to the AP. The militants also reportedly demanded the release of al Qaeda prisoners.

“It appears to be a well-planned and strategic attack aiming at the church,” said a local source for ministry organization Open Doors.

About four hours after the siege, Iraqi security forces launched an assault on the church building, and the Islamic assailants blew themselves up. It was unclear how many of the 58 people dead had been killed by Iraqi security personnel, but the militants reportedly began killing hostages when the security force assault began. All who did not die from gunshots and blasts were wounded.

The dead included 12 policemen, three priests and five bystanders from the car bombing and other blasts outside the church. The Open Doors source reported that the priests killed were the Rev. Saad Abdal Tha’ir, the Rev. Waseem Tabeeh and the Rev. Raphael Qatin, with the latter not succumbing until he had been taken to a hospital.

Bishop Georges Casmoussa told Compass that today Iraqi Christians not only mourned lost brothers and sisters but were tempted to lose hope.

“It’s a personal loss and a Christian loss,” said Casmoussa. “It’s not just people they kill. They also kill hope. We want to look at the future. They want to kill the Christian presence here, where we have so much history.”

Casmoussa, who knew the priests who died, said that this attack will surely drive more Christians away from the country or to Kurdish administrated northern Iraq.

“Those who are wounded know that it is by the grace of God they are alive, but some of them don’t know exactly what happened,” said Casmoussa. “There is one hurt man who doesn’t know if his son is still alive. This is the drama. There are families that lost two and three members. Do I have the right to tell them to not leave?”

The attack was the deadliest one against the country’s Christians since Islamic extremists began targeting them in 2003.

“It was the hardest hit against the Christians in Iraq,” said Casmoussa, noting that no single act of violence had led to more casualties among Christians. “We never had such an attack against a church or Christian community.”

Memorials were held today in Baghdad, Mosul and surrounding towns, said Casmoussa, who attended the funeral of 13 deceased Christians including the dead priests.

“At the funeral there was the Shiite leader, the official spokesperson of the government ministers,” Casmoussa said. “All the discussion was flippant – ‘We are with you, we are all suffering,’ etcetera, but we have demanded a serious investigation. We can’t count on good words anymore. It’s all air. We’ve heard enough.”

The Rev. Emanuel Youkhana of the Church of the East told Compass that Iraqi Christians have been systematically driven out over the last five years. He said this attack came as no surprise to him.

“I’m not surprised, in that this is not the first time,” said Youkhana. “In the last five years, there has been a systematic terrorist campaign to kick out the Christians from the country. [They are saying] you are not accepted in this country. Christians should leave this country.”

Youkhana said that in the same way that the Jewish community has disappeared from Iraq, the Iraqi Christians, or Medians as they are called, “are in their last stage of existence” in Iraq.

The Iraqi government is to blame due to its lax security measures, Youkhana said.

“I’m ashamed of the minister of defense, who came on TV and said it was a successful and professional operation – 50 percent of the [congregation] was massacred,” said Youkhana of the assault on the Islamic terrorists by Iraqi security forces.

He said that in order for Christians to have any hope of staying in Iraq, the government must come up with a political solution and set up an independent administrative area, like that of the Kurdish administration in northern Iraq.

“Just now I was watching on TV the coverage of the funeral,” Youkhana said. “All the politicians are there to condemn the act. So what? Is the condemnation enough to give confidence to the people? No!”

It is estimated that more than 50 percent of Iraq’s Christian community has fled the country since 2003. There are nearly 600,000 Christians left in Iraq.

“More people will leave, and this is the intention of the terrorists: to claim Iraq as a pure Islamic state,” said Youkhana. “Our people are so peaceful and weak; they cannot confront the terrorists. So they are fleeing out of the country and to the north. This is why we say there should be political recognition.”

Five suspects were arrested in connection with the attack – some of them were not Iraqi, and today an Iraqi police commander was detained for questioning in connection to the attack, according to the AP.

“We can’t make political demands,” said Casmoussa. “We are making a civic and humanitarian demand: That we can live in peace.”

Following the funerals today, a series of at least 13 bombings and mortar strikes in predominantly Shiite neighborhoods of Baghdad reportedly killed 76 people and wounded nearly 200.

Report from Compass Direct News