New Evidence Stalls Murder Trial in Malatya, Turkey

Defense lawyers’ absence also prolongs case that court wants closed.

MALATYA, Turkey, April 21 (CDN) — On the eve of three-year commemorations of the murders of three Christians in southeast Turkey, defense lawyers’ absence and new evidence kept a Malatya court from concluding the case here on Thursday (April 15).

Two defense lawyers excused themselves from the hearing, rendering the judges unable to issue a verdict to the five defendants charged with the murders of three Christians in Malatya on April 18, 2007. Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske, who worked at a publishing house that distributed Christian material in this southeastern Turkish city, were found murdered three years ago.

At Thursday’s hearing, prosecuting lawyers presented a 28-page detailed request that the Malatya case be joined to a plot called Cage Plan, believed to be part of Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures.

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 named naval officers, 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. The aim of the Cage Plan was to destabilize the government by showing its inability to protect Turkey’s minority groups.

Last week newspapers 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.

Judges will announce a decision on whether to combine the Malatya murders with the Cage Plan at the next hearing, scheduled for May 14. Hearings for the Cage Plan are expected to begin on June 15.

“If you ask me, unfortunately at this exact moment we are exactly where we started,” said prosecuting lawyer Orhan Kemal Cengiz. “I’m not talking about public awareness. In terms of public awareness, of course our contribution is something substantial. But in terms of evidence and exposing the real network, we couldn’t get anywhere.”

Judges also decided to call a new witness in May. Burak Dogru, a convict serving time in Sivas, wrote a letter to the court accusing suspect Varol Bulent Aral of organizing the murders and offering him money to kill the three Christians.

“When I refused the offer, he told me to forget what I knew, otherwise I would not see the sunlight again,” he wrote in his letter, reported the Hurriyet Daily News.

In the last court hearing two months ago, the court rejected the prosecuting attorney team’s appeal that the Malatya murders be joined to the Ergenekon file, despite a police report showing links between the two cases.

Cengiz said he believes that the Malatya prosecutor is missing an opportunity to collect more evidence that could connect the Malatya murders to the Ergenekon case.

“The Ergenekon prosecutor is drowning in the files,” said Cengiz. “This [Malatya] prosecutor has enough time and resources because he is in a position to have direct contact with first-hand evidence. But I think he is intimidated and is just trying to get rid of the case as soon as possible. This case is a hot potato for the prosecutor, and he just wants to throw it away as soon as possible.”

In February’s hearing, prosecutors detailed accusations against the five young men accused of slaughtering the Christians – 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.

“We may not have proved that this case is linked to Ergenekon and other shadowy networks,” said Cengiz. “But I think we convinced everyone in Turkey that this murder was not committed by [just five men]. We may not convict them, the network, before the court, but we already convicted them in the eyes of the public. I wish, of course, that we could also do that before the law. But at this stage this evidence and this file doesn’t seem to me capable of doing this.”

Graveyard Memorials

In churches and at various memorial services on Sunday (April 18), Christians around Turkey commemorated the deaths of the three slain men.

Scores of people came to the graves of Aydin in Izmir, Tilmann in Malatya and Yuksel in Elazig, an hour northeast of Malatya, to commemorate the deaths. The Malatya murders have become a milestone for the Turkish church, which is also eager for closure on the murder case and justice for those responsible.

“For the church, it’s another one of those events in life which we don’t understand but entrust it to the hands of a loving God who we believe in,” said Zekai Tanyar, chairman of the Association of Protestant Churches in Turkey. “I think one aspect is that the church in Turkey said this does not pull us away from the Lord; we continue to follow Him. It’s probably brought in sort of a depth in some ways, and it has certainly brought in awareness from the worldwide church, and therefore more prayer for Turkey.”

Tanyar said that while churches want to see closure for the sake of the families who lost their loved ones, they also want “the truth, the real culprits and mindsets behind the killings to be revealed somehow. So in a sense, our prayer is that God who is the worker of miracles will work these two contradictory expectations out; a closure and an exposure at the same time.”

Report from Compass Direct News 

European Court Rules Against Turkey’s Religion ID

Designation on identification cards used to discriminate on basis of religion.

ISTANBUL, February 5 (CDN) — A European court on Tuesday (Feb. 2) ordered Turkey to remove the religious affiliation section from citizens’ identification cards, calling the practice a violation of human rights.

Religious minorities and in particular Christian converts in Turkey have faced discrimination because of the mandatory religion declaration on their identification cards, which was enforced until 2006. Since then, citizens are allowed to leave the “Religion” section of their IDs blank.

The ruling by the European Court of Human Rights (ECHR) “is a good thing,” said Zekai Tanyar, president of the Turkish Protestant Alliance, citing prejudices against Christian converts.

“[Religion on the ID] can cost people their jobs,” he said. “It has been known to affect whether they get a job or not, how people look at them, whether they are accepted for a post or an application of some sort. Therefore I think [the ruling] is a good and appropriate thing.”

Tanyar said the same principles would apply in the case of Muslims living in a country that had prejudices against Muslims. For converts in Turkey having to state their religion on their ID cards, “in practice, and in people’s experience, it has been negative.” 

The ECHR ruling came after a Turkish Muslim national filed a petition challenging that his identification card stated his religion as “Alevi” and not Muslim. Alevis practice a form of Shia Islam that is different from that of the Sunni Muslim majority.

The court found in a 6-to-1 vote that any mention of religion on an identity card violated human rights. The country was found to be in violation of the European Convention of Human Rights – to which Turkey is a signatory – specifically Article 9, which deals with freedom of religion and belief; Article 6, which is related to due process; and Article 12, which prohibits discrimination.

The presence of the “religion” box on the Turkish national identification card obliges individuals to disclose, against their will, information concerning an aspect of their personal convictions, the court ruled.

Although the government argued that indication of religion on identity cards did not compel Turks to disclose their religious convictions, the ECHR found that the state was making assessments of the applicant’s faith, thus breaching its duty of neutrality and impartiality.

In a statement on the verdict this week, Turkish Prime Minister Recep Tayyip Erdogan said that the ruling was in line with the government’s intentions.

“I don’t see the ECHR decision as abnormal,” he said, according to Turkish daily Taraf. “It’s not very important if it is removed.” 

The ECHR is independent of the European Union, which Turkey seeks to join. The rulings of the ECHR are binding for members of the Council of Europe, of which Turkey is a member, and must be implemented.

A Step in the Right Direction

Human rights lawyers welcomed the decision of the ECHR, saying it is a small step in the direction of democracy and secularism in Turkey.

“It is related to the general freedom of religion in our country,” said human rights lawyer Orhan Kemal Cengiz. “They assume everyone is Muslim and automatically write this on your ID card, so this is a good reminder that, first of all, everyone is not Muslim in this country, and second, that being a Muslim is not an indispensible part of being Turkish.”

The lawyer said the judgment would have positive implications for religious minorities in Turkey who are subject to intolerance from the majority Muslim population. 

In 2000 Turkey’s neighbor Greece, a majority Christian Orthodox country, lifted the religion section from national IDs in order to adhere to European human rights standards and conventions, causing tumult among nationals.

“In Turkey, Greece or whatever European country, racism or intolerance or xenophobia are not rare occurrences if [religion] is written on your card, and if you are a minority group it makes you open to racist, xenophobic or other intolerant behaviors,” said Cengiz. “There might be times that the [religious] declaration might be very dangerous.”

International Implications

It is not yet known what, if any, effect the ECHR decision could have on the rest of the Middle East.

Because of its history, economic power and strategic location, Turkey is seen as a leader in the region. Like Turkey, many Middle Eastern countries have a place for religious affiliation on their identification cards. Unlike Turkey, listing religious affiliation is mandatory in most of these countries and almost impossible to change, even under court order.

According to Human Rights Watch (HRW), religious identification is used as a tool to deny jobs and even basic rights or services to religious minorities in many Middle Eastern countries.

“It’s a serious problem from a human rights point of view,” said Joe Stork, deputy director for the Middle East and North Africa for HRW, an international human rights organization. “It’s especially problematic when that requirement becomes a basis for discrimination.”

Stork said the identification cards shouldn’t have a listing for religion at all. He said the European decision may eventually be used in legal arguments in Middle Eastern courts, but it will be a long time before change is realized.

“It’s not like the Egyptian government is going to wake up in the morning and say, ‘Gee, let’s do that,’” Stork said.

Egypt in particular is notorious for using religion on IDs to systematically discriminate against Coptic Christians and converts to Christianity. While it takes a day to change one’s religion from Christianity to Islam on their ID, the reverse is virtually impossible. 

Report from Compass Direct News