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: SUSPECT IN MALATYA MURDERS EXPECTED STATE SUPPORT

Journalist allegedly told ringleader officials would not prosecute him for killing Christians.

MALATYA, Turkey, October 21 (Compass Direct News) – Lawyers and judges in the case of three Christians murdered here in April 2007 are continuing to investigate whether the attack was masterminded by troubled youths or shadowy elements of the Turkish state.

Plaintiff attorneys believe the first witness at the hearing on Thursday (Oct. 16), local journalist Varol Bulent Aral, incited the suspected ringleader of the attacks to murder by convincing him foreign missionaries were connected to the Kurdistan Worker’s Party (PKK), a domestic outlawed terrorist organization. The suspected ringleader, Emre Gunaydin, testified that Aral promised him state immunity for the planned attacks.

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

Gunaydin, 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 are all between 19 and 21 years old.

The court subpoenaed Aral for the last four hearings, but he failed to show at each one. The 32-year-old testified at Thursday’s hearing at Malatya Third Criminal Court under police custody since he was arrested on Oct. 2 for carrying a false ID.

Gunaydin said during the hearing that Aral had promised him state protection for the murders.

“He had promised me state support,” he said. “[Aral] should explain this to the court.”

But when the judge asked whether Aral had convinced him to commit the murders, Gunaydin claimed his right to remain silent.

Aral, however, denied promising clemency to Gunaydin for murdering the three Christians. He claimed to only have discussed only the PKK with Gunaydin, not Christian missionary activity.

In Gunaydin’s testimony at an August hearing, however, he described Aral as telling him that he saw a connection between missionaries and the PKK. The goal of Christian missionary work in Turkey, Aral reportedly said, was “to destroy the motherland.”

Recent high-level political events in Turkey, however, show that the plausibility of his alleged promise for state protection to Gunaydin and the other four youths may not be unfounded.

In January police uncovered and started arresting members of Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy in recent murders. The indictment has accused 86 suspects, 70 of which are in custody.

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 Aral acted as a bridge between the five murder suspects and Ergenekon.

In January Malatya police found Aral’s diary, which mentioned multiple people indicted in Ergenekon and contact information for Kemal Kerincsiz, an ultranationalist lawyer who had charged two Turkish Christians for “insulting Islam.” The court case of Hakan Tastan and Turan Topal has been underway for two years.

In his diary Aral mentioned the duty to “protect the state’s honor.” His frequent comments to media have also raised eyebrows, such as his recent statement that, “I can’t stand that patriots like Veli Kucuk are in prison.”

Kucuk is a retired major general arrested in the Ergenekon case. He has been indicted for threatening Hrant Dink, a Turkish-Armenian journalist who was assassinated in January 2007, and is believed to be a key player in the network, according to Turkish national daily Today’s Zaman.

When Judge Eray Gurtekin asked Aral why his diary mentioned these people, Aral claimed he “received information” and wrote their names down to think about them later. He claimed to be merely compiling information in order to write a book about Ergenekon.

The witness was more elusive when he was asked if he knew Orhan Kemal Cengiz, who leads the team of plaintiff lawyers.

Aral merely said he didn’t know Cengiz. But for the last few months Aral has talked to many journalists in the country’s major cities, trying to prove that Cengiz was the leader of a secret resistance group established by the government responsible for the murders of Hrant Dink, Father Andrea Santoro (a Catholic priest who was killed in 2006), and the Malatya murders.

Judge Gurtekin then asked Aral if he had worked as a police informant for either the police or gendarmerie. He answered, “I have many police and military officers among my friends. We drink tea and talk with each other.”

 

Dark Connections

Plaintiff attorneys have seen some progress in the Malatya trial, which has continued for nearly a year. But they believe it will take time to get to the root of the crime, which they say runs very deep.

“It has become very clear for everyone that there is this very dark, complex, sophisticated web of relations behind the scenes, but we can’t pick them out or prove them beyond reasonable doubt for the time being,” said Cengiz. “We are stuck. Everyone sees that some of the witnesses are not witnesses at all – they are either aiding and abetting or a member of the gang. Some people like Bulent Aral are there to create a cloak of confusion that you can’t get past.”

Aral was arrested last year while in possession of a Kalashnikov assault rifle, which he claims he had confiscated from a 10-year-old, and was arrested while en route to a police station to hand over the gun. A week before the three Christians were killed in 2007, Gunaydin visited Aral in prison.

Plaintiff attorneys said that as defendant Abuzer Yildirim and Aral were leaving the courtroom after the court’s adjournment, they noticed Aral tell Yildirim face-to-face, “Look around carefully. This may be the last time you see these things before you die.”

The plaintiff attorneys said that Aral may not have been threatening him with this statement, but instead warning him about other threats or possible dangers stemming from the case, according to Haberturk news Website.

Following the last testimony, five knives, two guns and blood-stained clothes of the suspects found at the crime scene were shown to the court.

The plaintiff attorneys requested the Ergenekon file from the 13th High Criminal Court of Istanbul on Aug. 12. They have not yet received the file, but hope to find a relationship between the Malatya and Ergenekon investigations and possibly combine them.

The next hearing is scheduled in Malatya for Nov. 21.  

Report from Compass Direct News