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F18News: Turkey - What criminal trials do and don't reveal

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  • F18News: Turkey - What criminal trials do and don't reveal

    FORUM 18 NEWS SERVICE, Oslo, Norway
    http://www.forum18.org/

    The right to believe, to worship and witness
    The right to change one's belief or religion
    The right to join together and express one's belief

    ========================================== =====
    Thursday 22 April 2010
    TURKEY: WHAT CRIMINAL TRIALS DO AND DON'T REVEAL

    It was expected that Turkey's trial of those accused of murdering three
    Malatya Protestants would end last week, Güzide Ceyhan notes in a
    commentary for Forum 18 News Service <http://www.forum18.org>. But an
    indictment related to Operation Cage - an alleged Navy plan targeting
    Turkey's non-Muslim communities - has been added to the case file but not
    yet merged with the case. The murders of journalist Hrant Dink, Catholic
    priest Fr Andrea Santoro and the three Malatya Protestants - Necati Aydin,
    Tillman Geske and Ugur Yüksel - are expressly identified as helping Cage
    realise its purposes. This Operation aimed to destabilise the AKP
    government by both targeting non-Muslims and encouraging protests about
    their targeting. But what have the criminal trials - very important as they
    are - really revealed? The tragic irony is that even if Cage is fictitious,
    freedom of religion or belief for all in Turkey is both limited and under
    threat. The government has focused on the issues which can most damage the
    AKP, i.e. possibly Ergenekon-related violent attacks on non-Muslim
    individuals. But Turkey's many other serious challenges to freedom of
    religion or belief have not been resolved. The government needs to take
    action now on those challenges, whether or not they feature in trial
    proceedings.

    TURKEY: WHAT CRIMINAL TRIALS DO AND DON'T REVEAL

    By Güzide Ceyhan

    Turkish Protestants and human rights defenders expected that the Malatya
    murder trial hearing on 15 April would be the last in their three-year long
    pursuit of justice for the savage killings of Necati Aydin, Tillman Geske
    and Ugur Yüksel. The three were murdered in April 2007 in the Christian
    publishing house where they worked. In the previous hearing on 19 February,
    the prosecutors had asked for life sentences three times over for the five
    young men - Emre Günaydın, Cuma Özdemir, Abuzer
    Yıldırım, Hamit Çeker and Salih Gürler - who are imprisoned
    and accused of the murders.

    However, an indictment related to Operation Cage Plan - an alleged Navy
    plan targeting Turkey's non-Muslim communities - has been added to the case
    file. The files have not been merged yet, as the judges have to first
    investigate the added file, and then determine whether a reasonable
    relationship exists between the murders and the alleged plan. The
    prosecutors have requested that claims for the merger of the two cases be
    rejected at this stage "because there is no evidence indicating a concrete
    connection between the two cases". The judges have decided to postpone the
    decision to the next trial to take place on 14 May (see Compass Direct 21
    April 2010 <http://www.compassdirect.org/english/country/t urkey/17583/>).

    Operation Cage

    The Operation Cage Plan was found on a CD seized in April 2009 from the
    office of a retired Naval Major, Levent Bektaş, who is a suspect in
    the Ergenekon case (see F18News 21 October 2008
    <http://www.forum18.org/Archive.php?articl e_id=1206>). An English-language
    translation of the Plan is at .

    The plan reveals that prominent Turkish non-Muslim figures were targeted
    for assassination, to diminish international and domestic public support
    for the governing Justice and Development Party (AKP). The murders of
    Armenian-Turkish journalist Hrant Dink, Catholic priest Fr Andrea Santoro
    and the three Protestants in Malatya are expressly identified in the plan
    as having helped achieve this goal, by encouraging the view that
    non-Muslims living in Turkey were killed by fundamentalist religious
    groups.

    However, the Plan goes on to say that "propaganda (..) staged by the AKP"
    has successfully attributed these crimes to Ergenekon (see F18News 10 July
    2007 <http://www.forum18.org/Archive.php?article_id= 990>).

    The Cage Plan targeted non-Muslims generally, but the only named targets
    were Christian by faith or background. Groups such as Baha'is and Jehovah's
    Witnesses were not specifically identified in the Plan. The logic behind
    Cage choosing these targets seems to be that planners thought this would
    evoke most responses outside Turkey, and thus more negative foreign
    coverage and reactions against the AKP.

    Chance to reveal what lay behind murders and advance justice

    The media supportive of the AKP government strongly supports the view that
    all these murders were indeed arranged by Ergenekon, as the Cage Indictment
    states. The Indictment, prepared by state prosecutors, was accepted by
    Istanbul's 12th Criminal Court in March 2010. However, throughout the legal
    proceedings of the case against Fr Santoro's murderer - O.A. who was 15 at
    the time of the murder on 5 February 2006 - no actionable connection to any
    other instigators or larger plot was established in the trial, beyond a
    climate of intolerance (see F18News 9 February 2006
    <http://www.forum18.org/Archive.php?articl e_id=724>).

    It is certainly not implausible that there could be more behind Fr
    Santoro's murder than an isolated individual's action, as some in Turkey
    strongly suspect. It remains unclear, for example, why Turkey's National
    Intelligence Organisation (MIT) secret police had a flat facing the Trabzon
    church where Fr Santoro was murdered (see F18News 10 July 2007
    <http://www.forum18.org/Archive.php?articl e_id=990>). And it has yet to be
    seen whether the Cage Indictment will have any legal implications for Fr
    Santoro's case. The High Court of Appeals on 4 October 2007 confirmed an
    18-year jail sentence imposed on O.A.

    Since the beginning of the Malatya trial, the families of the victims,
    lawyers for the victims (who are not Christians), and the Protestant
    community have become convinced that the killings were part of a bigger
    plan involving many actors targeting the Christian community as a whole
    (see F18News 21 October 2008
    <http://www.forum18.org/Archive.php?articl e_id=1206>). The prospect of the
    merger of the two cases has thus created hopes that this may make it
    possible to investigate the background of the murders, and bring to justice
    all those responsible.

    Cage's aims

    One of the methods of creating a perception of hostility and insecurity for
    non-Muslims, described in the Cage Plan, is disinformation against
    non-Muslim minorities. Accordingly, websites and other media and
    communication tools were to be used to spread the perception that
    non-Muslims constitute a threat to the nation and are divisive. This it was
    hoped would lead to hostile acts against non-Muslims.

    The Plan also aimed at taking advantage of many people's fears of the AKP
    and its religious roots. Such people who could be used for this included
    members of vulnerable groups in Turkey, prominent writers opposed to the
    AKP, influential foreign non-Muslims, secular and democratic-minded Turkish
    citizens worried by the threat of enforced sharia (Islamic law), and
    religious leaders of non-Muslim communities. The instigators of Cage hoped
    that such people would make statements that their communities are under
    threat in Turkey.

    Clearly, the plan aimed to orchestrate many people to create the perception
    that non-Muslims are under threat in Turkey because of the rise of Islam
    and particularly the AKP. Hence, many people played a part in the execution
    of Cage without actually knowing about it and embracing its purposes.
    Cage's goal - if the plan is authenticated - was to use the apparently
    contradictory ends of both inciting hostile actions against non-Muslims,
    and inciting condemnation of this hostility, to undermine the stability of
    the AKP government.

    Tragic irony

    The tragic irony is that even if Cage is an entirely fictitious plan,
    non-Muslims in Turkey - as well as Muslims - have good reason to think that
    freedom of religion or belief in Turkey is both limited and under threat.
    The actions and policies of the state - independent of Ergenekon and Cage -
    allow no other conclusion to be drawn (see the F18News Turkey religious
    freedom survey at <http://www.forum18.org/Archive.php?article_id= 1379>).

    After Ergenekon arrests attacks decline

    It has been noticeable that, after the start of arrests related to
    Ergenekon, the media became less hostile to vulnerable religious
    communities, particularly Christians. This is noted in the 2009 Report on
    Human Rights Violations prepared by the Association of Protestant Churches,
    published on 30 January 2010 (text in English at
    <http://protestankiliseler.org/index.php?opt ion=com_content&view=article&id=1153&I temid=470>).

    The Report pointed out that 2009 saw a "decrease in defamatory and false
    information directed towards Christians by heavily biased publications".
    However it also notes Protestant concern that "frequent hate and slander
    filled publications continue in local media and on the internet". The Cage
    Indictment exposes a plan to utilise the media for hostile and defamatory
    coverage against non-Muslim communities, and such hostile coverage does
    indeed happen (see F18News 22 October 2009
    <http://www.forum18.org/Archive.php?articl e_id=1365>).

    However, proving a connection between orders given by named persons and
    this hostile coverage has not been possible. The exposure of the Cage Plan
    is on its own unlikely to help identify such a connection. Indeed, people
    may have acted as if they were following the Cage Plan without knowing
    about Cage, out of a genuine - but irrational and unfounded - fear that
    "missionary activities" are a threat to Turkey (see the F18News Turkey
    religious freedom survey at
    <http://www.forum18.org/Archive.php?article_ id=1379>).

    It is not possible to know exactly what actions planned by those who
    produced Cage have been carried out, and what actions are unrelated to
    those people. For instance, it is known that assassinations were plotted
    against the Armenian Patriarch Mesrob Mutafyan, the leader of Sivas'
    Armenian community Minas Durmaz Güler, and Ali Balkiz and Kazim Genç in the
    Alevi community. However, it has not yet been established that these were
    directly orchestrated by the Cage planners, or whether it is a result of
    the already existing social intolerance.

    Indeed, the Interior Ministry issued a Decree asking for reinforced
    protection of non-Muslim citizens and requesting increased alertness for
    intelligence that might reveal planned attacks (19/06/2007, No. 508).
    Efforts have since been made to prevent attacks on non-Muslim citizens from
    happening again, and it is clear that these efforts have been successful to
    some degree with the uncovering of several plots (see the F18News Turkey
    religious freedom survey at
    <http://www.forum18.org/Archive.php?article_ id=1379>).

    Government hasn't addressed underlying issues

    Yet it is important to note that the government focused its efforts mainly
    on preventing violent attacks on non-Muslim individuals and their property;
    the many other existing freedom of religion or belief issues were not
    addressed. What does this imply? Some suspect that the government's real
    concern is to prevent attacks that would damage its reputation
    internationally.

    There is almost a perception, with almost a feeling of relief, among
    vulnerable religious communities that the brutal murders were just a plan
    by a small violent group within the military - an isolated event, not
    reflecting any negative attitudes towards Christians and other religious
    communities in Turkey. Indeed, the AKP government seems to be trying to
    show that they embrace positive policies in favour of freedom of religion
    or belief in Turkey.

    However, the European Commission Turkey 2009 Progress Report has
    highlighted many serious freedom of religion or belief problems, which have
    either hardly or not at all been been raised in criminal trials. These
    issues must be resolved to turn rhetoric on religious freedom into reality
    (see
    <http://ec.europa.eu/enlargement/p df/key_documents/2009/tr_rapport_2009_en.pdf>).

    The issues requiring resolution include: the property disabilities and
    confiscations faced by communities as varied as the Alevi Muslims,
    Catholics, the Greek Orthodox, Protestants, the Syrian Orthodox Church and
    the Jehovah's Witnesses (see F18News 27 October 2009
    <http://www.forum18.org/Archive.php?articl e_id=1368>); the lack of legal
    status of religious communities themselves under the Foundations and other
    laws (see F18News 13 March 2008
    <http://www.forum18.org/Archive.php?articl e_id=1100>); the non-existent
    legal possibility of conscientious objection to military service (see
    F18News 17 March 2010
    <http://www.forum18.org/Archive.php?articl e_id=1423>); and compulsory
    intolerant religious education in public schools (see the F18News Turkey
    religious freedom survey at
    <http://www.forum18.org/Archive.php?article_ id=1379>).

    Intolerance of freedom of thought, conscience and belief remains

    Sadly, irrespective of who was behind Ergenekon or Cage, Turkish society
    does not demonstrate a tolerant or respectful attitude towards people of
    different religious communities. An interesting study conducted by
    Istanbul's Sabanci University in 2009, "Religiosity in Turkey- An
    International Study", reveals that of those who joined the study, 66 per
    cent said that members of other religions should not be allowed to expound
    their ideas by organising meetings open to the public. Indeed, 62 per cent
    said they should not be allowed to give out books that explain their views.
    The survey is available in Turkish from
    <http://research.sabanciuniv.edu/13119/&gt ;.

    The sample used in the Survey was determined according to the standards
    established by the Turkish Statistical Institution, and represented a wide
    geographical range and randomly selected participants. A Protestant who
    wished to remain anonymous concurred with the result of the Survey, stating
    that "this is exactly our experience. Commitment to freedom of religion is
    often in general terms supported by people. But when it comes to specifics,
    there is a strong resistance to allowing the teaching of one's religion,
    the establishment of churches, etc. This resistance comes both from
    officials and from ordinary citizens."

    Unfortunately, many Turks do indeed have a deep-rooted hostility to
    Christians and other religious minorities (see F18News 15 April 2008
    <http://www.forum18.org/Archive.php?articl e_id=1115>). Powerful forces in
    the "deep state" have built on and support this intolerance (see F18News 22
    October 2009 <http://www.forum18.org/Archive.php?article_id= 1365>).

    Conclusion

    The Cage Indictment exposes an undercover plan by the "deep state", which
    aims to use the Dink, Santoro and Malatya murders and public opinion
    manipulation to create the view that non-Muslim Turkish citizens are
    targeted by fundamentalist religious groups. The file is like Pandora's Box
    and has raised far more questions than answers. If it is merged with the
    Malatya case, there is no doubt that it will take the case to another level
    where it might be possible to address the broader issues that led to the
    murders. However this will take many more years, as it will be added to a
    cluster of cases around the Ergenekon case, which itself raises many issues
    related to the right to fair trial with prolonged imprisonments without any
    verdict and legal means of retrieval of evidence. The results and impact of
    these cases are impossible to accurately predict.

    And the government still needs to take action now on the other real
    challenges to freedom of religion or belief in Turkey, irrespective of
    whether they feature in trial proceedings. (END)

    PDF and printer-friendly views of this article can be accessed from
    <http://www.forum18.org/Archive.php?articl e_id=1434>. It may freely be
    reproduced, redistributed or quoted from, with due acknowledgement to Forum
    18 <http://www.forum18.org>.

    For more background, see Forum 18's Turkey religious freedom survey at
    <http://www.forum18.org/Archive.php?article_ id=1379>.

    More analyses and commentaries on freedom of thought, conscience and belief
    in Turkey can be found at
    <http://www.forum18.org/Archive.php?query=&a mp;religion=all&country=68>.

    A compilation of Organisation for Security and Co-operation in Europe
    (OSCE) freedom of religion or belief commitments can be found at
    <http://www.forum18.org/Archive.php?article_ id=1351>.

    A printer-friendly map of Turkey is available at
    <http://www.nationalgeographic.com/xpedition s/atlas/index.html?Parent=mideast&Rootmap=turk ey>.
    (END)

    © Forum 18 News Service. All rights reserved. ISSN 1504-2855
    You may reproduce or quote this article provided that credit is given to
    F18News http://www.forum18.org/

    Past and current Forum 18 information can be found at
    http://www.forum18.org/
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