Turkish Court Pushes to Close Malatya Murder Case

Judges reject request to investigate links to suspected masterminds.

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

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

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

In a 17-page statement, prosecutors detailed accusations against the five young defendants, Emre Gunaydin, Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, and demanded three consecutive life sentences for each of them if convicted. The five men are charged with murder, being part of a terrorist organization, holding citizens against their will and stealing.

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

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News 

Turkish Court Seeks to Link Murder of Christians to ‘Cage Plan’

Scheme to destabilize pro-Islamic government believed to be part of Ergenekon conspiracy.

ISTANBUL, December 29 (CDN) — Malatya’s Third Criminal Court on Friday (Dec. 25) took further steps to connect the murders of three Christians in southeastern Turkey to a Turkish military plan to destabilize the pro-Islamic government.

Evidence surfaced in Turkish press last month linking the murders of the three Christians in the southeastern city of Malatya with army activities to overthrow the government in a special operation called the “Operation Cage Action Plan.” The Malatya prosecutor and plaintiffs on Friday requested that the Istanbul prosecutor further probe links between the Malatya case and the Cage Plan, which included an elaborate scheme to attack Muslim-majority Turkey’s religious minorities.

They also requested that the Malatya court open to plaintiffs the currently “classified” prosecutor’s investigation into links between the Malatya murders and an alleged operation by the military and other political figures to destabilize the government known as Ergenekon.

Evidence of the Cage Plan, believed to be part of Ergenekon, centers on a compact disc found in April in the house of a retired naval officer; it was decrypted and leaked to the press last month. The plan, to be carried out by 41 named naval officers and dated March 2009, 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.

“This Cage Plan starts with a reference to the Malatya, Dink and Santoro cases and mentions them as previous ‘operations,’” said one of the plaintiff lawyers, Orhan Kemal Cengiz, adding that a connection of the murders with the Cage Plan would be difficult for any court to ignore.

Hearings for Ergenekon are ongoing in Istanbul. Istanbul prosecutors handling the Ergenekon case sent a response to the Malatya court this month in which they reported they have not been able to find a direct connection with the Malatya murders yet. The Malatya court is waiting for further investigations into possible connections with Ergenekon.

Cengiz said that although investigations are moving slowly, he is pleased with the willingness of the Malatya prosecutor to cooperate and find who is behind the murders.

“I see a good will on the part of the prosecutor,” said Cengiz. “He’s really trying to discover the possible links, and I’m glad to see his effort, and he was helpful and supportive to us. It was important.”

Turkish Christians, Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske were tortured and stabbed to death in Malatya on April 18, 2007 at Zirve Publishing Co., which distributed Bibles and literature in the area.

Suspects Emre Gunaydin, Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who were caught at the crime scene, are still held in prison in Malatya. Two other suspects, journalist Varol Bulent Aral and Huseyin Yelki, a former volunteer at Zirve, are not under arrest, but the court expects them to attend all hearings.

Aral and Yelki are believed to have crucial links with the alleged masterminds of the murder plot.

The next trial is set for Feb. 19, 2010.

Report from Compass Direct News 

TURKEY: MURDER DEFENDANT AGAIN ADMITS PERJURY

Prosecutors suspect he’s protecting ‘masterminds’ of slaying of three Christians in Malatya.

ISTANBUL, August 25 (Compass Direct News) – Turkish murder suspect Emre Gunaydin admitted in court last week that he had again committed perjury in the trial over the savage murders of three Christians in southeast Turkey.

Gunaydin, 21, faced off in Malatya’s Third Criminal Court on Friday (Aug. 21) with Varol Bulent Aral, whom he had named as one of the instigators of the attack at Zirve Publishing Co.’s Malatya office in a previous disposition before state prosecutors. Gunaydin, the alleged ringleader of the murderers, told the court that he had lied in a previous disposition before state prosecutors by implicating Aral.

“I named Varol Bulent Aral to reduce the sentence,” Gunaydin said under questioning.

His admission came after Aral testified at length, painting an elaborate scenario of himself as a key player in the “Ergenekon” conspiracy – said to include top level political and security officials, among others – suspected of orchestrating the 2007 Malatya attack with Gunaydin and four other defendants.

“Varol Bulent Aral has no connection with these events,” Gunaydin insisted. “He is explaining things that he has imagined. There was not any threat against me, nor any instigator.”

Gunaydin initially failed to appear at Friday’s hearing where Aral was expected to testify, sending a note to the court that he was feeling unwell. But the judge abruptly announced a short court recess and ordered Gunaydin brought immediately from prison to the courtroom.

At a hearing three months ago, Gunaydin retracted similar allegations he had made against Huseyin Yelki, a former volunteer at the Christian publishing house where Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske were bound hand and foot, tortured and then slain with knives.

Jailed for three months on the basis of Gunaydin’s allegations, Yelki was finally brought to testify at the May 22 hearing.

“Huseyin Yelki is not guilty. He’s in prison for nothing,” Gunaydin told the court after Yelki testified. When questioned why he previously had implicated Yelki, Gunaydin said, “I did it to lessen my punishment. That’s why I said he was a missionary.”

Despite glaring discrepancies in his testimony, Yelki was released for lack of evidence. Aral was also ordered released for insufficient evidence, although he remains jailed in the Adiyaman Prison on unrelated criminal charges.

Plaintiff lawyers have expressed skepticism about Gunaydin’s two retractions, questioning whether he has been pressured to change his testimony in order to shield the actual instigators of the plot. They also remain unconvinced that Aral and Yelki were not collaborators in the attack.

Prosecution Failures

“An investigation does not just consist of claims, it must consist of proofs,” plaintiff lawyer Ali Koc told journalists on the courthouse steps after last week’s hearing. “One of the underlying missing elements of the Zirve Publishing trial in Malatya stems from the failure to pursue the investigation with sufficient objectivity, depth and careful attention.”

The only reason Aral and Yelki were charged in the case, the attorney noted, was because one of the defendants claimed they were accomplices. Koc stressed it was “the duty of the state and the judiciary to uncover those responsible for this event – the instigators, and the climate in which they emerged.”

He also declared that Aral should be investigated for his relations with intelligence officials, which he hoped would expose new evidence.

“If the Malatya case is not joined with the Ergenekon trial, then we’re probably looking at a verdict against the killers within the next three to five court hearings,” plaintiff lawyer Erdal Dogan said. “But I have hope – I hope for merging it with the Ergenekon case, in order to uncover the perpetrators behind the scenes.”

After two failed summons, Burcu Polat also appeared to testify at the Aug. 21 hearing. Now 18, Polat was Gunaydin’s girlfriend at the time of the murders. She stated that she had used two different cell phones in the weeks previous to the murders. Both telephones were registered in the name of her father, Ruhi Polat, a provincial council member of the Nationalist Movement Party previously called to testify at the trial.

The court summoned intelligence officer Murat Gokturk from the Malatya gendarmerie headquarters to appear at the next hearing, set for Oct. 16. Yelki had contacted Gokturk frequently by telephone in the weeks preceding the murders.

Detailed Informant Letter

Two months ago, an informant in the military intelligence division of the Malatya gendarmerie headquarters sent an extremely detailed report to state prosecutors regarding what Turkish media have dubbed the “Malatya massacre.”

The two-page letter fingered former Col. Mehmet Ulger, gendarmerie commander of Malatya province at the time of the murders, as a key instigator within the murder plot.

With precise, documented details, the report outlined Ulger’s targeting of the Malatya Christians and their activities during the weeks surrounding the attack, including a secret briefing for selected officials, unregistered meetings and the tapping of gendarmerie personnel named for specific assignments at various stages.

At the actual day and hour of the killings, the report said, Ulger received a telephone call from his commander while he was in a furniture shop in the city center. Ulger immediately promised to go to the scene, taking two sergeant majors and an official car, and arriving just as the police teams pulled up.

“The event had just happened, and the police teams had not yet gone to the scene, and Mehmet Ulger’s superiors informed him about it,” the report noted.

The letter goes on to describe frequent visits Inonu University professor Ruhi Abat made to Ulger’s office, where the colonel had specifically ordered his subordinates to never record Abat’s visits in the official record book.

Although Ulger and Abat testified on April 13 that they had sponsored a seminar regarding missionary activities for gendarmerie personnel, the informant declared it could be easily proved that such a seminar had never been held.

The informant claimed that 40,000 Turkish lira (US$30,800 at the time) was paid out during 2007 by Malatya’s gendarmerie intelligence staff “solely to direct close surveillance on missionary activities.” Instead of using the funds to help “break apart illegal organizations or recover a lot of drugs,” he said, a large portion of the money was handed over to Abat, he said.

The informant’s letter was sent simultaneously to Malatya Prosecutor Seref Gurkan and State Prosecutor Zekeriya Oz, who heads the Ergenekon investigation in Istanbul.

The anonymous informant claimed he had much more information that he could not pass along safely without revealing his own identity.

“Because I regret that I was involved myself in some of this, I am sending this letter to both prosecutors,” he wrote. “I hope that I am being helpful in solving this dark event.” He enclosed a CD of Ulger’s 2007 briefing as well as a list of the people whose telephones were being tapped.

It is not known how seriously the latest informant’s letter is being taken by the Malatya prosecutors.

“But we are seeing the continuation of a long chain of information coming out,” plaintiff lawyer Orhan Kemal Cengiz commented. “We have at least achieved something in the eyes of the Turkish public, because everyone is now convinced that it was not just these five young men who planned this; there were much larger and more serious forces behind the scenes.”

Report from Compass Direct News 

TURKEY: LOCAL OFFICIALS’ ROLE EMERGES IN MALATYA MURDERS

Former police commander, university researcher, suspected ringleader’s father testify.

MALATYA, Turkey, April 15 (Compass Direct News) – Two years after the murder of three Christians in this city in southeastern Turkey, lawyers at a hearing here on Monday (April 13) uncovered important information on the role that local security forces played in the slaughter.

At the 16th hearing of the murder case at the Malatya Third Criminal Court, plaintiff attorneys called a heavy slate of witnesses, including Mehmet Ulger, the gendarmerie commander of Malatya province during the April 2007 murders who was arrested on March 12 for his alleged connection to a political conspiracy, and Ruhi Abat, a theology instructor at the local Ismet Inonu University.

Two Turkish Christians, Necati Aydin and Ugur Yuksel, and a German Christian, Tilmann Geske, were tied up and stabbed to death at Zirve Publishing Co. offices on April 18, 2007. Plaintiff attorneys have moved the focus of the trial away from the five suspects – Salih Gurler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim, and alleged ringleader Emre Gunaydin – to local officials believed to be liaisons or masterminds of the murders.

The retired gendarmerie commander and the theology researcher have suspected links to the crime. In January an anonymous letter sent to Turkish churches and obtained by the media claimed that then-commander Ulger instigated the murders and directed Abat to prepare arguments against missionary activity.

According to phone records, Abat made 1,415 telephone calls to gendarmerie intelligence forces in the six-month period prior to the 2007 murders. During his cross examination, he told the courtroom that the frequent contact resulted from gendarmerie requesting information on his research of local missionary activity.

Abat was part of a team of six researchers that focused on the social effects of missionary activity within the Malatya region.

“The information I gave the police and gendarmerie was aimed at answering the criticisms that missionaries had about Islam,” he said.

When plaintiff attorneys asked Ulger if this level of communication was typical, the former gendarmerie commander said that they communicated on other issues such as translating Arabic documents and further teaching engagements. But lawyers said this level of communication was unusual.

“He called the gendarmerie the equivalent of 10 times a day, seven days a week, which suggests something abnormal going on,” said plaintiff attorney Orhan Kemal Cengiz. “You wouldn’t talk that much to your mother.”

In a heated exchange at the end of the hearing, Ozkan Yucel, plaintiff attorney representing the families of the victims, pressed Ulger to answer whether he considered Christian missionary activity in Turkey to be a crime.

Avoiding a direct answer, Ulger said no such crime existed in Turkey’s penal system, but that gendarmerie classified such activity as “extreme right-wing.”

“The gendarmerie considers this to be the same [level of extremism] as radical Islamic activity,” he said.

 

Suspected Ringleader’s Family Testifies

Onur Dulkadir, a cousin and former classmate of Gunaydin, the suspected ringleader, testified on his interactions with Gunaydin and Malatya’s local Christian community prior to the murders.

Dulkadir claimed that a few months before the crime, he and Gunaydin attended a Christian meeting at a Malatya hotel where approximately 50 people were in attendance. He said they left when someone handed him a brochure about “missionary activity.”

Dulkadir told the court that after they left, Gunaydin said, “I am watching how they structure themselves,” and, “Very soon I am going to be rich.” In past hearings, Gunaydin claimed the Turkish state had promised him support if he would carry out the attacks successfully.

Gunaydin’s father, Mustafa Gunaydin, testified at the hearing that he didn’t believe his son had led the group of five to commit the grisly murder of the three Christians, two of them converts from Islam.

“I went once a week to the jail to see my son, and every time I spoke with my son I tried to bring out the identity of those behind the murders,” said Mustafa Gunaydin. “He swore to me there was nobody behind it . . . I still believe my son couldn’t have done anything. My child is afraid of blood.”

Mustafa Gunaydin works as a technician at Ismet Inonu University. Plaintiff attorneys asked him if he was acquainted with professor Fatih Hilmioglu, recently jailed in a mass arrest of professors associated with a national conspiracy known as Ergenekon. He replied that he knew Hilmioglu, but that he also knew about 70 percent of the university personnel and did not have a close friendship with the arrested professor.

The prosecuting attorneys have frequently contended that Ergenekon, a loose collection of ultra-nationalist generals, businessmen, mafia and journalists who planned to engineer domestic chaos and overthrow the Turkish government, instigated Emre Gunaydin to commit the murders.

Ulger was arrested as part of the Turkish state’s investigations into Ergenekon.

 

Cryptic Comments

Among Emre Gunaydin’s most prominent suspect links to Ergenekon is his jailed former co-worker Varol Bulent Aral, who was arrested in February for being a possible liaison between the five youths on trial for the murders and the true masterminds.

Hamit Ozpolat, owner of a newspaper and radio station in Adiyaman, testified at the hearing that Aral made cryptic comments in regard to his connections with the criminal organization. When Aral approached Ozpolat for a job at one of his news outlets, he declined his application, which he said resulted in Aral shouting threats against him. When police came, Ozpolat testified, Aral shouted, “You can’t do anything to me, I am a member of the deep state.”

Plaintiff attorneys have suspected a connection between the Malatya murder case and Ergenekon for several months, attempting to merge the two cases since last August.

But in a strange turn, the National Intelligence Agency (MIT) has issued a report claiming that Ergenekon and Christian missionary agencies were working together to destroy the Turkish nation. This claim would seem to contradict older Ergenekon documents that make reference to church members in Izmir, Mersin and Trabzon, three Turkish cities where Christians were attacked or killed in the following years.

Malatya plaintiff attorneys told Compass the theory of Christians wanting to destroy Turkey exists in the national consciousness but has no basis in reality.

“One of the core activities of Ergenekon is to struggle against missionary activity,” plaintiff attorney Cengiz said. “They are very hostile against missionary activities, as they see them as an extension of the external enemies in Turkey.”

On Monday (April 13), police raided the home of professor Turkan Saylan, 74-year old president of the Association for Support of Progressive Life (CYDD) and a cancer patient. The seven-hour raid took place on the basis of a MIT report stating her organization had received funds from the American Board, the oldest organization in Turkey with missionary status. The American Board is known in Turkey for building schools and hospitals and funding development projects.

Police reportedly raided her home and office in an attempt to find information linking CYDD finances to the American Board and proselytizing activities. Saylan’s organization has opened three court cases against MIT for past accusations of missionary activities.

In an online report published by Haber50 today, Saylan said that her premises were raided as retaliation for the cases opened against MIT, which for years has been trying to destroy her organization’s reputation in the press.

In addition, the report says Yasar Yaser, president of the Health and Education Association (SEV), used her organization’s printing press in order to produce Bibles.

“The terrible truth is some media, including some Muslim newspapers, were very eager to cover this story,” plaintiff attorney Cengiz said. He emphasized that suspicions of Christian groups in Turkey having such a subversive agenda were baseless.

This Saturday (April 18) will mark the second anniversary of the stabbing deaths of the three Christians. Churches across Turkey will commemorate the event through special services, and the Turkish Protestant Alliance has designated the day as an international day of prayer.

The next hearing of the case is scheduled to take place on May 22.

Report from Compass News Direct

TURKEY: LAWYERS MOVE TO EXPAND SCOPE OF MALATYA TRIAL

Witnesses expected to connect murder of three Christians with political conspiracy.

MALATYA, Turkey, January 20 (Compass Direct News) – Lawyers in the case of three Christians who were murdered for their faith here are lining up witnesses in an effort to expand the accused from five young suspects to subversive forces at the top of state power.

Evidence in recent hearings suggests the April 2007 murders in southeast Turkey were instigated by Ergenekon, a loose collection of ultra-nationalist generals, businessmen, mafia and journalists who planned to engineer a coup d’état in Turkey.

At a hearing at Malatya’s Third Criminal Court on Friday (Jan. 16), plaintiff attorneys said they would like to call as a witness Ergun Poyraz, a journalist arrested in 2007 who has been linked to Ergenekon. Prosecuting attorneys said they believe that Poyraz, who has written inflammatory rhetoric against missionaries and accused Turkey’s prime minister of being part of a Zionist conspiracy, was not directly involved in planning the murders but has important knowledge of the players within Ergenekon.

The lawyers said they hope his testimony will help sort out the tangled web of connections and determine the role of Malatya security forces in the attack, particularly that of the chief of police in the district, Ali Osman Kahya.

“In the course of the publishing house murders, Ali Osman Kahya was the head of Malatya security forces, which is no coincidence,” said plaintiff attorney Murat Dincer. He said Kahya had been in similar positions of authority during other political murders.

Other lawyers involved in the case said they are less hopeful, believing Poyraz will only use his testimony as a platform for political grandstanding and propaganda for the political conspiracy.

“I don’t believe he will be helpful,” one legal worker told Compass. “I think he will only put on a show and manipulate the subject.”

Poyraz was arrested in 2007 for having connections to the Association for the Union of Patriotic Forces, a group whose members include military men also indicted in Ergenekon. Turkish media recently revealed that Poyraz had been keeping detailed records on high-level military officials prior to his arrest, according to Today’s Zaman national daily.

The team of plaintiff lawyers has requested Poyraz’s written statements from the Istanbul 13th Criminal Court.

The court in Malatya has sent an informal inquiry to the prosecutor of the 13th High Criminal Court of Istanbul asking if there is a concrete connection between the Ergenekon case and the Malatya murders. If the prosecutor replies positively, the Malatya court will decide whether to integrate the murder trial with the Ergenekon case.

If the cases are not integrated, then the five young suspects will likely be tried for murder in a matter of months, and all will receive life sentences, said Orhan Kemal Cengiz, who leads the team of plaintiff lawyers who represent the interests of the victims’ families.

Lawyers said they believe establishing the guilt of the suspects should be a straightforward process, but Cengiz said that if the case is integrated into Ergenekon, “then it will continue forever.”

No witnesses testified at the Friday hearing. The plaintiff team eventually hopes to bring 21 witnesses to the stand in subsequent hearings.

 

Impact on Defense

Two Turkish Christians, Necati Aydin and Ugur Yuksel, and a German, Tilmann Geske, were brutally tortured and killed at a publishing house in Malatya on April 18, 2007.

Emre Gunaydin – the suspected ringleader – along with Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who have been in jail for the past 18 months, are accused of the murder. They were all between 19 and 21 years old at the time of the crime.

The Malatya trial judges and defense attorneys are also adjusting their legal proceedings in light of the case’s incipient expansion from a murder case to an investigation into the political conspiracy. Noting that there could have been others involved in the murder, Presiding Judge Eray Gurktekin quoted an article from the Turkish Penal Code that states a punishment can be reduced if the guilty party is found to be solicited for the crime.

“You should think about considering this,” he said to defense lawyers.

The lawyer for Gunaydin said he had reminded his client of this article, and that they wanted to pursue this legal line in the next hearing.

Plaintiff attorneys won a minor legal victory that had eluded them in earlier hearings: The hearings will now be recorded. In previous months Malatya judges refused three plaintiff requests to record the trial hearings.

In February 2008 an Istanbul court allowed the first courtroom taping of a trial hearing at the trial of Hrant Dink, a Turkish-Armenian journalist assassinated in 2007.

 

Unearthing Plot

Earlier this month, Turkish police uncovered major arms caches by excavating sites connected to Ergenekon members. Security forces believe the weapons indicated the future plans of the group and their violent activates in the past.

Two weeks ago a new wave of detentions revealed evidence that the group was planning to assassinate the prime minister, members of the Supreme Court of Appeals, and Armenian community leaders.

Older Ergenekon documents make mention of church members in Turkey in Izmir, Mersin and Trabzon. Members of those churches were attacked or killed in following years. This month a 19-year-old Muslim in Izmir was sentenced to prison for stabbing a Catholic priest in 2007.

The Ergenekon organization has been blamed for the murder of other high-profile Christians. Ergin Cinmen, the lawyer for the family of Dink, has called for an investigation into the links between Ergenekon, the Malatya massacre and the murders of Dink and Father Andrea Santoro, an Italian priest killed in Trabzon in 2006.

He made these comments in the context of recently discovered plans to attack the Armenian community of Sivas in central Turkey, according to Bianet, an online Turkish news service.

In the last year, police have arrested more than 100 people in the ongoing Ergenekon case, which has been the dominant event in Turkish media for several months.  

Report from Compass Direct News

TURKEY: MALATYA MURDER CASE AIDS PROBE OF ‘DEEP STATE’ CRIMINALS

Video testimony, reenactment of crime scene hints at hearts of killers, martyrs.

ISTANBUL, November 25 (Compass Direct News) – Last week’s court hearing on the bloody murder of three Christians in Turkey’s southeastern city of Malatya paved the way for further investigations into the connection between the five defendants and shadowy elements of the Turkish state linked to criminal activities.

The 13th hearing at Malatya’s Third Criminal Court on Friday (Nov. 21) in the murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske presented little new evidence. No witnesses were called to testify.

The court prosecutor and plaintiff lawyers, however, are pursuing proof that there are links between the murderers and Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy in recent murders.

A separate criminal investigation has linked the cabal to high-profile attacks, murders and plans to engineer domestic chaos and ultimately overthrow the government. Evidence in the Malatya case indicates that a local journalist, Varol Bulent Aral, acted as a bridge between the five murder suspects and Ergenekon.

Plaintiff attorneys also believe that Aral incited the suspected ringleader of the attack, Emre Gunaydin, to murder by convincing him foreign missionaries were connected to the Kurdistan Worker’s Party, a domestic outlawed terrorist organization.

According to a Nov. 14 statement, Gunaydin testified that Aral promised him state immunity for the planned attacks. In court last week, however, he refuted the claim and said he hadn’t met with Aral.

On April 18, 2007 the three Christians were tied up, stabbed and tortured for several hours before their throats were slit in what Turkish media have dubbed “the Malatya massacre” at the Zirve Publishing Co. office in Malatya.

Gunaydin along with Salih Gurler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who have been in jail for the past 19 months, are accused of the murder. They are all between 19 and 21 years old.

Per their request, plaintiff attorneys have received the Ergenekon file from the 13th High Criminal Court of Istanbul and have reviewed it for connections with the Malatya murders. It is now under investigation by the court prosecutors and judges.

“We are talking about a room with five guys and three men,” said Orhan Kemal Cengiz, who leads the team of plaintiff lawyers. “There is no doubt this is first degree murder; a barbaric act. These things will increase their term of punishment to three counts of murder and three life imprisonment terms each, as well as other crimes such as preventing freedom, stealing and others. We don’t have a question about this.”

The question that remains, according to the plaintiff attorneys, is the identity of the real powers behind the bloody attack. Cengiz said he and the court now have no doubt there were greater forces behind the Malatya murders.

“I am 100 percent sure – it is the impression of the prosecutor and no one has doubts – there are sources behind these young men, but we can’t identify them,” Cengiz told Compass.

The plaintiff team hopes to bring up to 21 witnesses to the stand in subsequent hearings in order to make connections between Ergenekon and the Malatya murders clear.

“We believe all of them are somehow connected and have relevant information to this case,” he said.

If the list is accepted, he said the trial may go on for another year. “But if nothing comes out last minute, it may be over in three or four months,” he said.

 

Missionary Activities on Trial, Again

At Friday’s hearing, defense lawyers reiterated their position that the five young men acted in response to missionary efforts, suggesting that such activities were sufficiently nefarious to incite the violent murders.

The prosecution team rebutted the statement, saying that according to constitutional Articles 9 and 24, people have the right to share their faith, and no person or authority can follow and record those activities. They pointed out that the five defendants had been collecting data and planning the murders at least eight months before they carried them out.

Defense lawyers also requested that the prison where the defendants are held conduct a psychological exam of the defendants – especially Gurler – because they were all under stress due to suspected ringleader Gunaydin’s threats.

 

Revisiting Crime Scene

Those present in the courtroom on Friday viewed year-old video footage of defendants Ozdemir, Ceker and Gunaydin each walking through the crime scene shortly after their arrest, describing how they attacked, stabbed and sliced the throats of Aydin, Geske and finally Yuksel.

A sobering silence prevailed in the courtroom as judges, lawyers, local press, Turkish Protestant observers and others watched Ozdemir and later Ceker walk through the Zirve publishing house and re-enact the murders over the dried blood pools of the three martyrs. In their accounts, they implicated Gunaydin and Salih as the main aggressors, although all accuse the others of participating in the murders.

During the video presentation, judges and lawyers noticed suspect Gurler laughing at the witnesses’ testimonies at the crime scene. In the video, Ozdemir and Ceker testified that they had told Gurler and Gunaydin they couldn’t take the violence.

In the video testimony, Ozdemir said he told Gurler while he was stabbing Aydin, the first to be killed, “That’s enough, I can’t do this.” Ozdemir looked down during his video testimony, forlorn and unable to watch.

Gurler later told angry judges that he was laughing because all the witnesses’ statements in the video were false.

“They’re lying against me,” he said.

In his video account of the murder scene, Ceker described how the five young men and the three Zirve staff members talked “a lot” about religion before the suspects attacked Aydin, tying him and lying him on the floor face down.

Gunaydin confronted Aydin about his missionary activities and asked him why he was acting “against Turks” before Gurler sliced his throat, according to Ceker’s original statement.

In Gunaydin’s video testimony, profusely sweating, he described the repeated stabbings of the victims, re-enacting his arm movements and describing how Ozdemir held a gun at the victims, threatening them.

“I didn’t look,” Gunaydin said after describing one of the violent stabbing scenes. “I’m weak about these things … I can’t even cut chicken.”

He described how while Yildirim and Gurler were repeatedly stabbing Geske, the victim lifted his hands up in a gesture of prayer. Gunaydin also described how Yuksel, injured by the stabbing while tied and on the floor, cried out in Turkish, “Mesih, Mesih [Messiah],” between moans before they stuffed a towel in his mouth to silence him.

After the court showed his video testimony, Gunaydin stood up and told the court he had just gotten out of the hospital at that time, and that that account was not how he now remembered the events of April 18, 2007.

In their video testimony, the young men described how the phone and doorbell were ringing while they were torturing the Christians. Before coming out the door with their hands in the air, they showed police interviewing them in the video how they had disposed of their guns and bloodied knives in the Zirve office.

Gunaydin escaped through a window, fell and was severely injured. On Friday plaintiff lawyers requested from the court an investigation into who entered the crime scene while Gunaydin was in the hospital.

When the defendants were asked whether they knew of Aral’s alleged offer of state protection to Gunaydin or a monetary award for the murders, they claimed to have no information.

“I never saw a check in the course of these events, nor did I hear anything about it,” said Gurler. “I only knew that Emre had a bank statement.”

Yildirim also claimed ignorance: “I don’t remember anything about a check. If Emre had one, it would have stayed in his pocket; he wouldn’t have showed it to us.”

When asked about meetings between Gunaydin and Aral, the defendants said they hadn’t witnessed any between the two. They did admit to having spoken to Aral at a sports complex about a different matter, but they knew him as “Mehmet.”

 

Foreign Press, Organizations Negligent

Twelve of the nearly 20 private and human rights lawyers from around Turkey that compose the plaintiff team attended the court hearing last week. Cengiz said the primary purpose of the plaintiff lawyers, who are working pro bono, was to create a legal “common eye” that is watching all related cases such as Ergenekon and the murder of Hrant Dink, editor of Armenian newspaper Agos, who was murdered months before the three Christians in Malatya.

But the plaintiff lawyers pointed out that very few international bodies and foreign press members are actively monitoring the case, even though in their estimation the Malatya murders are directly linked to uncovering deep elements of Turkish corruption.

“This case has tremendous implications for democracy and deep-state elements in Turkey,” said Cengiz, who has received numerous threats since the beginning of the trial and lives under 24-hour protection.

“What we have here is a concrete act of the Ergenekon gang and it’s interesting.”  

Report from Compass Direct News

TURKEY: TESTIMONY SHOWS MALATYA MURDERS PREMEDITATED

Witnesses indicate ringleader wasn’t only one planning to kill three Christians.

MALATYA, Turkey, September 15 (Compass Direct News) – Testimony in the murder case of three Christians here indicates the attack was premeditated for at least two suspects, despite the defense team’s insistence that the killers acted spontaneously.

The 11th hearing on the murders at a publishing house in this southeastern city 17 months ago took place Friday (Sept. 12) at the Malatya Third Criminal Court. Two Turkish Christians who converted from Islam, Necati Aydin and Ugur Yuksel, and a German, Tilmann Geske, were brutally tortured and killed on April 18, 2007.

Mahmut Kudas, one of the three witnesses called to testify, said murder suspect Cuma Ozdemir met with him the week before the murder and said that he was going to tell him something important.

“If you don’t hear from me by Friday, someone will call you and tell you the location of a letter. Get the letter and give it to the person who called you,” Ozdemir said to Kudas on April 13, 2007, the Friday before the attack on the following Wednesday, according to his testimony.

When Kudas asked him why, Ozdemir replied, “There are 49 house churches and priests in Malatya.” When Kudas asked him what he was thinking of doing, he replied, “Those who know this will die. I will become a martyr.”

Kudas, 20, lived in the same dormitory as many of the other suspects. When he asked Ozdemir if Emre Gunaydin, the suspected ringleader of the murders, was the leader of this operation, Cuma Ozdemir nodded in confirmation.

The five accused murderers are Hamit Ceker, Cuma Ozdemir, Abuzer Yildirim, Salih Gurler and Emre Gunaydin. They were all between the ages of 19 and 21 at the time of the murders.

Another witness, Mehmet Uludag, a former classmate of some of the suspects, said he also spoke with Ozdemir before the murders. Uludag said Ozdemir told him that he and two others were about to do something big.

Ozdemir then instructed Uludag, 20, that he would leave a letter at an undisclosed location and that he must call Muammer Ozdemir – who is expected to testify at a future hearing – to learn the whereabouts of the letter. The two must then deliver the letter to the police or the gendarme, Cuma Ozdemir told Uludag.

“If I come through, I will explain all this to you. If I am lost, then read the letter. It will explain everything,” he reportedly told Uludag.

On the day of the murders, Uludag sent Muammer Ozdemir a text message asking for the whereabouts of the letter. The latter told him it was under a bed in the dormitory, but Uludag did not retrieve it since he was questioned by the police the same day.

 

Aiding Murderers

The letters in question are similar to those mentioned by suspect Hamit Ceker in a previous hearing. He said in his interrogation that the night before the murder, he and another of the defendants had sat in the hall of their dormitory, writing a letter to their families in case things did not turn out well.

Both Kudas and Uludag said they did not report this suspicious behavior, as they believed Cuma Ozdemir was exaggerating rather than engaged in a conspiracy.

In forthcoming hearings the plaintiff attorneys will try to accuse these witnesses of aiding and abetting the murderers, said Orhan Kemal Cengiz, leading the team of plaintiff lawyers.

“They knew what was going to happen, so they should have talked to prosecutors or police officers,” Cengiz told Compass, criticizing the witnesses for withholding information.

The third person to testify in the trial was Gunaydin’s former girlfriend, Turna Isikli, 21. She said the day before the murder Gunaydin sent her a text message and said, “Tomorrow I will be interrogated.” She said she thought this referred to a meeting with his father about issues related to school.

 

Accusations, Tempers Flare

The testimonies indicate that at least two of the suspects planned the murder of the three Christians, contradicting their earlier statements that they came to the publishing house with no intent to kill the evangelicals.

In a Jan. 14 hearing, accused killer Hamit Ceker claimed the group of five men only planned to seize incriminating evidence against the Christians, although they carried guns, rope, knives and a pair of plastic gloves.

In a subsequent hearing on June 10, the five men declared their innocence and blamed one or more of the others. Most of the blame fell on suspected ringleader Gunaydin, whom the suspects claimed murdered the three Christians. The other four suspects said they only obeyed him for fear of his alleged police and mafia connections.

Gunaydin has claimed that all five planned to raid the office together. In a May 12 hearing he implicated suspect Salih Gurler for leading the attacks, saying violence exploded when Aydin slandered Islam and said Jesus was God.

Tensions flared at one point in Friday’s hearing when Gunaydin noticed one of the plaintiff attorneys drinking from a water bottle. Pious Muslims are currently observing the month of Ramadan in which eating and drinking are prohibited from sunrise to sunset.

“This is the month of Ramadan and we are fasting, but you are drinking water across from us,” Gunaydin said. “Show a little respect.”

“What shall we do, make them fast?” responded judge Eray Gurtekin, according to Sabah national daily.

Gunaydin also raised eyebrows when he stood up and lashed out at plaintiff attorney Ozkan Yucel when his cellular phone rang in the courtroom. He said, “Turn off your phone, you are disturbing my concentration.”

The case took an important twist in the 10th hearing on Aug. 21, when prosecuting attorneys suggested that shadowy elements deep within the Turkish state orchestrated the murder.

In the last hearing plaintiff attorneys requested the case be integrated with an investigation into Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy in various murders.

In January police uncovered and started arresting members of Ergenekon. A criminal investigation has linked these members to high-profile attacks, murders and plans to engineer domestic chaos and ultimately overthrow the government.

Ergenekon was not mentioned at Friday’s hearing because the plaintiff lawyers have not received the investigation file from Istanbul. They requested the file at the Aug. 21 hearing in Malatya.

The far-reaching conspiracy and its connection to the Malatya case, however, has had a positive impact on the criminal proceedings, plaintiff lawyers say: The judges are far more cooperative than the beginning of the case, in which they frequently rebuffed demands from the prosecution for evidence and witnesses.

“This last hearing was the first time the court accepted nearly all demands from us,” said plaintiff attorney Cengiz. “They are taking the case much more seriously now because there are many indications this is not the work of five youngsters but of dark forces behind the scenes.”

 

Protestants Targeted

The recent hearing comes amid complaints from Turkey’s tiny Protestant community that it is being targeted for violence.

On Sept. 5 the Turkish Alliance of Protestant Churches filed a complaint to the Prime Ministry’s Human Rights Directorate that security forces were not offering them adequate protection in the face of increasing attacks, according to Sabah.

Turkish police responded to the complaints and released information on recent attacks against Christians. They said a majority of attackers were not arrested, and those that were detained merely paid a fine and were later released.

Susanne Geske, wife of the martyred Tilmann Geske, filed a lawsuit against the Turkish Ministry of Internal Affairs on Wednesday (Sept. 10) for not taking preventative measures against the murders. The lawsuit calls for 630,000 Turkish lira (US$507,000) for physical and immaterial compensation.

Geske’s lawyer, Ibrahim Kali, told NTV, “It is the basic duty of a government to protect the rights of life and freedom of religion and conscience. But the government did not protect the liberties of religion and conscience of those close to my client.”

The next hearing in the Malatya murder case is scheduled for Oct. 16.

Report from Compass Direct News