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  • Turkey: Murder Cases Underscore Troubles With Judicial, Police Refor

    TURKEY: MURDER CASES UNDERSCORE TROUBLES WITH JUDICIAL, POLICE REFORM
    Yigal Schleifer

    EurasiaNet, NY
    Jan 16 2008

    The brutal murders of three Christians in a Bible publishing house
    last April in the central Turkish city of Malatya shocked many Turks.

    The country has continued to be scandalized by reports that have come
    to light amid the trial of the five people charged in the case. Among
    the more sordid allegations is that police officers may have colluded
    in the killings, and that investigators have mismanaged the criminal
    probe.

    The killings of the Christians -- a German and two Turks -- occurred
    only a few months after the Istanbul murder of Hrant Dink, an outspoken
    Armenian journalist. Dink's killing, the first anniversary of which
    will be commemorated on January 19, has also been surrounded by
    accusations of police and prosecutorial impropriety. [For background
    see the Eurasia Insight archive].

    The cases have led to renewed concerns about the continuing influence
    of rogue nationalist elements in Turkey's security forces. They have
    also helped refocus attention on the conduct of the country's police
    force and judiciary. Recent reports produced by international human
    rights groups argue that law-enforcement structures in Turkey are in
    urgent need of reform.

    "Torture, ill treatment and killings continue to be met with persistent
    impunity for the security forces in Turkey," Amnesty International said
    in a report released last summer. "The investigation and prosecution
    of serious human rights violations committed by officers of the police
    and gendarmerie are flawed and compounded by inconsistent decisions
    by prosecutors and judges. As a result, justice for the victims of
    human rights violations is delayed or denied."

    Dink's murder on an Istanbul sidewalk was quickly followed up by
    reports that top police officials had been informed months before
    about a plot by Turkish nationalists to kill him. Meanwhile, a video
    showing several policemen proudly posing with the murder suspect -
    a 17-year-old from the Black Sea city of Trabzon - after he was caught
    soon surfaced after the murder.

    In the Malatya case, press reports have indicated that the suspects,
    also young nationalists, had phone conversations with police officials,
    and possibly even with a prosecutor from Istanbul, in the months before
    the murders. Prosecutors have not followed up on these reports. The
    defendants' trial began in late November.

    According to various media accounts, police in Malatya are purported to
    have destroyed videotapes recorded in the hospital room of one of the
    accused, who injured himself during the crime. "The security forces
    and the judiciary here are protecting each other by not conducting
    a detailed investigation," Husnu Ondul, head of the Human Rights
    Association (IHD), a Turkish watchdog group, told the English-language
    Today's Zaman on December 8.

    "The common point among all these similar incidents is this
    protection," Ondul added.

    Says Volkan Aytar, a researcher at the Turkish Economic and Social
    Studies Foundation (TESEV), an Istanbul-based think-tank: "There is
    a huge lack of transparency and a huge lack of accountability in the
    Turkish security services."

    In response to the questions swirling around the Malatya case,
    Turkish Interior Minister Besir Atalay announced in early December
    that two senior police officials would be conducting a probe. "Be
    sure of this: as a ministry, we will increase our transparency,"
    the minister told reporters.

    Observers say that as shocking as the allegations of misdeeds in the
    Dink and Malatya cases have been, the fact that they are coming to
    light so quickly in itself represents a kind of step forward. "There
    have been a lot of political murders and crimes in the past in Turkey,
    but it was always very difficult to find out who did it," says Hakan
    Bakircioglu, a lawyer who is monitoring the Dink murder trial on
    behalf of the slain journalist's family.

    "These two cases might be the first time we can find the murderers and
    maybe not catch, but at least touch, the members of state organizations
    who might be behind the crimes," Bakircioglu added.

    The Turkish police force has already taken some unilateral steps
    towards reform. Under one program, about 250 police officers over
    the last decade have been sent to study in the United States and
    European Union, where they obtained advanced degrees in criminal
    justice. Upon their return, it was envisioned that this corps of
    foreign-trained officers would play a key role in fostering a more
    transparent culture within the broader Turkish police force.

    "There is no doubt that there has been an improvement in the last
    10 years," says Onder Aytac, a lecturer at Turkey's national police
    academy in Ankara.

    "But there is a kind of fighting between the old system and the new
    system," he continued. "There are some people in the police force
    who are trying to go along the old way."

    Turkey's judiciary, today seen as one of the pillars maintaining
    Turkey's secular system, has also made some reform efforts. Over the
    last few years, more than 9,000 judges and prosecutors have undergone
    European Union-sponsored training concerning European human rights
    law. Turkey is a candidate for EU membership and is a member of the
    Strasbourg-based European Court of Human Rights.

    Still, a recent survey of judges and prosecutors conducted by TESEV
    found that a majority still believe that the interests of the state
    take precedence over those of the individual. Of those surveyed, 51
    percent said they believe human rights could pose a threat to state
    security. Only 28 percent said they didn't. Meanwhile, 63 percent
    said they did not believe that Turkey's EU-inspired reform process
    was benefiting the country.

    "At the end of the day, we need judiciary reform and police reform,"
    says TESEV's Aytar. "If that doesn't happen, then we will have a
    very static bureaucracy that will not be able to adapt itself to the
    realities of a modern Turkey that is on its way to the EU."

    Editor's Note: Yigal Schleifer is a freelance journalist based in
    Istanbul.
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