Christians in Turkey Acquitted of ‘Insulting Turkishness’

But court heavily fines them for dubious conviction of collecting personal data.

ISTANBUL, October 19 (CDN) — After four years of legal battle in a Turkish court, a judge acquitted two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge.

Four years ago this month, Turan Topal, 50, and Hakan Tastan, 41, started a legal battle after gendarmerie officers produced false witnesses to accuse them of spreading their faith and allegedly “insulting Turkishness, the military and Islam.”

At the Silivri court an hour west of Istanbul, Judge Hayrettin Sevim on Thursday (Oct. 14) acquitted the defendants of two charges that they had insulted the Turkish state (Article 301) and that they had insulted its people (Article 216) by spreading Christianity. Sevim cited lack of evidence.

He found them guilty, however, of collecting information on citizens without permission (Article 135) and sentenced them to seven months of imprisonment each. The court ruled that the two men could each pay a 4,500 lira (US$3,170) fine instead of serving time, said their lawyer Haydar Polat.

Tastan expressed mixed feelings about the verdicts.

“For both Turan and I, being found innocent from the accusation that we insulted the Turkish people was the most important thing for us, because we’ve always said we’re proud to be Turks,” Tastan said by telephone. “But it is unjust that they are sentencing us for collecting people’s information.”

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which has since acquired official association status and is now called The Association for Propagating Knowledge of the Bible. The two men had used contact information that individuals interested in Christianity had volunteered to provide on the association’s website.

Administrators of the association stated openly to local authorities that their goal was to disseminate information about Christianity.

The two men and their lawyer said they will be ready to appeal the unjust decision of the court when they have seen the official statement, which the court should issue within a month. Polat said the appeal process will take over a year.

“Why should we have to continue the legal battle and appeal this?” asked Tastan. “We are not responsible for the information that was collected. So why are they fining us for this? So, we continue our legal adventure.”

Still, he expressed qualified happiness.

“We are free from the charges that we have insulted the Turkish state and the people of Turkey and we’re glad for that, but we are sorry about the court’s sentence,” Tastan said. “We’re happy on one hand, and sorry on the other.”

The court hearing lasted just a few minutes, said Polat.

“The judges came to the court hearing ready with their decision,” Polat said. “Their file was complete, and there was neither other evidence nor witnesses.”

Polat was hesitant to comment on whether the decision to convict the men of collecting private data without permission was because they are Christians. He did underline, however, that the court’s decision to fine the men was unjust, and that they plan to appeal it after the court issues an official written verdict.

“This was the court’s decision,” said Polat, “but we believe this is not fair. This decision is inconsistent with the law.”

 

Christianity on Trial

The initial charges in 2006 against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

In March 2009 the Turkish Ministry of Justice issued a statement claiming that approval to try the two men’s case under the controversial Article 301came in response to the “original” statement by three young men that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Two of the three witnesses, however, stated in court that they didn’t even know Topal and Tastan. The third witness never appeared in court. Prosecutors were unable to produce any evidence indicating the defendants described Islam in these terms. At the same time, they questioned their right to speak openly about Christianity with others.

Polat and his legal partners had based their defense on the premise that Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

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

The lawyer and the defendants said that prosecuting lawyers gave political dimensions to the case by rendering baseless accusations in a nationalistic light, claiming that missionary activities were carried out by imperialistic countries intending to harm Turkey.

Tastan and Topal became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Ergenekon has been implicated in the cases of murdered priest Andreas Santoro, Armenian editor Hrant Dink, and the three Christians in Malatya: Necati Aydin, Ugur Yuksel and Tilmann Geske.

In a separate case, in March of 2009 Tastan and Topal were charged with “illegal collection of funds.” Each paid a fine of 600 Turkish lira (US$360) to a civil court in Istanbul. The verdict could not be appealed in the Turkish legal courts. This ruling referred to the men receiving church offerings without official permission from local authorities.

Report from Compass Direct News

Trial over ‘Insulting Turkishness’ Again Yields No Evidence

Justice Minister says Article 301 defendants ‘presumed innocent’ until verdict.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

“They are uselessly dragging this out,” defense lawyer Haydar Polat said moments after Judge Hayrettin Sevim closed the Tuesday (May 25) hearing.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention for the past two years, ever since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals,
politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.  

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Report from Compass Direct News

Decline of traditional media

Should the threat to traditional media from the internet really be a cause for concern?

The new social media — blogging, Facebook, MySpace, Twitter, and YouTube are current faves — revolutionising the publishing world, for better and worse. Let’s look at both the better and the worse in perspective.

The current tsunami of personal choices in communication is slowly draining the profit from mainstream media. These media traditionally depend on huge audiences who all live in one region and mostly want the same things (the football scores, the crossword, the TV Guide, etc.). But that is all available now on the Internet, all around the world, all the time.

One outcome is a death watch on many newspapers, including famous ones like the Boston Globe. As journalist Paul Gillin noted recently: “The newspaper model scales up very well, but it scales down very badly. It costs a newspaper nearly as much to deliver 25,000 copies as it does to deliver 50,000 copies. Readership has been in decline for 30 years and the decline shows no signs of abating. Meanwhile, new competition has sprung up online with a vastly superior cost structure and an interactive format that appeals to the new generation of readers.”

Traditional electronic media are not doing any better. As James Lewin observes in “Television audience plummeting as viewers move online” (May 19, 2008), mainstream broadcasters “will have to come to terms with YouTube, video podcasts and other Internet media or they’ll face the same fate as newspapers.”

Radio audiences have likewise tanked. Overall, the recent decline of traditional media is remarkable.

Some conservative writers insist that mainstream media’s failure is due to its liberal bias. But conservatives have charged that for decades — to no effect. Another charge is that TV is declining because it is increasingly gross or trivial. True enough, but TV’s popularity was unaffected for decades by its experiments with edgy taste.

Let’s look more closely at the structure of the system to better understand current steep declines. Due to the low cost of modern media technology, no clear distinction now exists between a mainstream medium and a non-mainstream one, based on either number of viewers or production cost. Today, anyone can put up a video at YouTube at virtually no cost. Popular videos get hundreds of thousands of views. Podcasting and videocasting are also cheap. A blog can be started for free, within minutes, at Blogger. It may get 10 viewers or 10,000, depending on the level of popular interest. But the viewers control that, not the providers.

The key change is that the traditional media professional is no longer a gatekeeper who can systematically admit or deny information. Consumers program their own print, TV, or radio, and download what they want to their personal devices. They are their own editors, their own filmmakers, their own disc jockeys.

Does that mean more bias or less? It’s hard to say, given that consumers now manage their own level of bias. So they can hear much more biased news — or much less. And, as Podcasting News observes, “Social media is a global phenomenon happening in all markets regardless of wider economic, social and cultural development.”

Understandably, traditional media professionals, alarmed by these developments, have constructed a doctrine of “localism” and, in some cases, called for government to bail them out. That probably won’t help, just as it wouldn’t have helped if the media professionals had called for a government “bailed out” of newspapers when they were threatened by radio, or of radio when it was threatened by TV. Video really did (sort of) kill the radio star, but the radio star certainly won’t be revived by government grants.

Still, the news is not all bad. Yes, new media do sometimes kill old media. For example, no one seriously uses pigeon post to send messages today. But few ever thought birdmail was a great system, just the only one available at the time. However, radio did not kill print, and TV did not kill radio. Nor will the Internet kill older media; it will simply change news delivery. Sometimes in a minor way, but sometimes radically.

Media that work, whether radio, TV, newspapers, books, blogs, or any other, thrive when there is a true need. Today’s challenge is to persuade the consumer to look at alternatives to their own programming decisions.

Denyse O’Leary is co-author of The Spiritual Brain.

The original news article can be viewed at:
http://www.mercatornet.com/articles/view/decline_of_traditional_media/

Article from MercatorNet.com

TURKEY: ‘INSULTING TURKISHNESS’ CASE PROCEEDS UNDER REVISED LAW

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

No-Shows

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

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

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

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News

TERRORISTS CONTROL LARGE PORTIONS OF PAKISTANI TERRITORY

Serious charges about security in Pakistan have been provided to ANS by a reliable source in Pakistan speaking on condition of anonymity, reports Jeremy Reynalds, correspondent for ASSIST News Service.

The anonymous source said in an e-mail that Pakistan’s government needs to make clear its real intentions.

He said that while Pakistan tells India, the U.S. and the rest of the world that the country doesn’t allow terrorists to operate internally, the Taliban has successfully consolidated its control in the Swat Valley during the last year.

The source charged the Taliban in Swat with an ongoing reign of terror.

He said, “They have banned women from the marketplace, killed dozens of innocent people everyday and left their bodies in the street or hanging on a pole in a busy shopping area, some of them headless.”

He said among other atrocities, Taliban members in Swat have also “bombed 200 schools, banned girls’ education in the whole valley (preventing 80,000 girls from going to school), killed politicians, policeman and their relatives, destroyed dozens of homes, destroyed barber shops where men had their beards trimmed, blown up music shops and threatened bus drivers with suicide bombers if they do not stop playing music on their buses.”

The source told ANS that police officers are rarely seen in public and when they travel, they have a military escort. In addition, he said, the Peshawar High Court has said it plans to close its courts in Swat because of an inability to function under current conditions. There is also a plan, he said, as a result of pressure from the Taliban, to legalize Shariah (Islamic) law in much of the province.

“In light of this,” the source said, “people need to know what the prime minister, president and others in leadership positions mean when they say that they will not allow terrorists to operate on its soil. If they are so concerned about other countries respecting their sovereignty, they should explain to the rest of us why they allow these evil men to continue to flagrantly violate the constitution of Pakistan.”

The source asked, “When will these leaders, who were elected less than a year ago, finally decide to take a stand and protect the very people who elected them to office?”

The source concluded his comments by saying the international media need to put a spotlight on this issue, and start asking the government hard questions.

ANS discovered that some media are already drawing attention to the situation. In a story by Andrew Buncombe and Omar Waraich in Britain’s Independent newspaper, the writers reported that Taliban members in the Swat Valley are issuing “wanted lists” for four dozen people they plan to bring before makeshift Shariah courts.

The Independent said that in one of his “notorious” radio broadcasts, Taliban leader Maulana Fazlullah named politicians and government officials “wanted” by the militants.

“These people encouraged military operations in the area and are responsible for the killings of Taliban and civilians,” the Independent reported the cleric said.

The Independent said the list’s creation is the latest threat from the militants who now control more than three-quarters of the Swat Valley, one of Pakistan’s most celebrated tourist areas.

In recent weeks, the Independent said, their brutality has increased with a series of public executions and the issuing of a number of edicts.

The Independent reported that a spokesman for the Taliban said the wanted list was drawn up following a meeting chaired by Fazlullah.

“All of them will have to appear before the Taliban court, or they will face action,” the Independent reported Muslim Khan, a spokesman for the Swat Taliban, told The News newspaper.

Report from the Christian Telegraph