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ANOTHER OBSTACLE PREVENTS PROGRESS IN HRANT DINK CASE
BIAnet.org
http://www.bianet.org/english/minorities/127414-another-obstacle-prevents-progress-in-hrant-dink-case
Jan 26 2011
Turkey
The Trabzon Chief Prosecution revoked the decision of the Rize High
Criminal Court to launch an investigation about Trabzon Chief of Police
ReÅ~_at Altay initiated to determine who was actually responsible
for the murder of Turkish-Armenian journalist Dink.
Trabzon - Rize - BÄ°A News Center26 January 2011, Wednesday In the
scope of the Hrant Dink trial in Trabzon, the Public Chief Prosecution
of Trabzon reversed the decision of the Rize High Criminal Court
(cities on the eastern Black Sea coast) to launch a new investigation
about ReÅ~_at Altay, the then Provincial Chief of the Trabzon Police.
The court in Rize decided to investigate Altay because of alleged
negligence prior to the murder of Turkish-Armenian journalist Dink
in 2007. The Trabzon court quashed the decision though because of
"procedural" deficiencies.
The Chief Prosecution announced to have accepted the appeal related
to the decision against a prosecution. However, according to the law,
the court would have to follow certain procedures in order to launch
an investigation at the Rize High Criminal Court or another court as
long as the decision for lack of jurisdiction has not been revoked,
it was declared.
A trial against the suspects at the Rize court can only be opened if
the Rize High Criminal Court fully annulled the decision for lack
of jurisdiction. Should the court insist on the decision though,
the ongoing discrepancies would have to be resolved otherwise.
Difficulties for launch of investigation The Trabzon Public
Chief Prosecution had launched an investigation about the Trabzon
Provincial Chief of Police in relation to the murder of journalist
Dink, General Publications Director of the Armenian Agos newspaper at
the time. As a result of the investigation, the Trabzon court decided
to drop procedures.
The joint attorneys of the Dink family appealed against the decision
at the Rize High Criminal Court. However, the appeal was dismissed
and the decision was finalized.
Besides, a trial was opened against officials of the Trabzon
Gendarmerie Command at the Trabzon 2nd Magistrate Criminal Court and
another case was launched against Colonel Ali Oz, the then Provincial
Gendarmerie Commander, on charges of neglect of duty.
The Dink family lawyers sent another petition to the Rize High
Criminal Court since that was the closest high criminal court to
Trabzon. In the petition, the lawyers alleged that the facts had not
been sufficiently investigated for the decision of the Trabzon Public
Prosecution to drop procedures against the officials of the Trabzon
Police Directorate and the Provincial Gendarmerie Command.
The petition demanded to revoke the decision against the prosecution.
Thereupon, the Trabzon Public Prosecutor announced that there were
no new facts or evidence to be added. Since the investigation on the
same matter would not be repeated, it was decided that there was no
reason for a prosecution.
Rize court requested investigation Upon the latest appeal by the
Dink family lawyers filed to the Rize High Criminal Court against
the decision of lack of jurisdiction, it was decreed that facts and
evidence might exist that would justify the opening of a public case.
In the decision it was decreed to apply for the detailed statements of
ReÅ~_at Altay and Levent Yarımel, who was mentioned in the statement
of witness Emin Arslan, and for the detailed statement of Arslan that
was included in the appeal and the attachments.
In the meantime, the Parliamentarian Commission on Human Rights had
communicated the commission's disagreement with the decision of the
Trabzon Prosecutor to drop procedures. It was announced that the
investigation would have to be broadened and a decision was to be
given according to the results to be obtained. It was decided to
accept the appeal against the decision to drop procedures made by
the Trabzon Public Prosecution. (BO/EO)
From: A. Papazian
BIAnet.org
http://www.bianet.org/english/minorities/127414-another-obstacle-prevents-progress-in-hrant-dink-case
Jan 26 2011
Turkey
The Trabzon Chief Prosecution revoked the decision of the Rize High
Criminal Court to launch an investigation about Trabzon Chief of Police
ReÅ~_at Altay initiated to determine who was actually responsible
for the murder of Turkish-Armenian journalist Dink.
Trabzon - Rize - BÄ°A News Center26 January 2011, Wednesday In the
scope of the Hrant Dink trial in Trabzon, the Public Chief Prosecution
of Trabzon reversed the decision of the Rize High Criminal Court
(cities on the eastern Black Sea coast) to launch a new investigation
about ReÅ~_at Altay, the then Provincial Chief of the Trabzon Police.
The court in Rize decided to investigate Altay because of alleged
negligence prior to the murder of Turkish-Armenian journalist Dink
in 2007. The Trabzon court quashed the decision though because of
"procedural" deficiencies.
The Chief Prosecution announced to have accepted the appeal related
to the decision against a prosecution. However, according to the law,
the court would have to follow certain procedures in order to launch
an investigation at the Rize High Criminal Court or another court as
long as the decision for lack of jurisdiction has not been revoked,
it was declared.
A trial against the suspects at the Rize court can only be opened if
the Rize High Criminal Court fully annulled the decision for lack
of jurisdiction. Should the court insist on the decision though,
the ongoing discrepancies would have to be resolved otherwise.
Difficulties for launch of investigation The Trabzon Public
Chief Prosecution had launched an investigation about the Trabzon
Provincial Chief of Police in relation to the murder of journalist
Dink, General Publications Director of the Armenian Agos newspaper at
the time. As a result of the investigation, the Trabzon court decided
to drop procedures.
The joint attorneys of the Dink family appealed against the decision
at the Rize High Criminal Court. However, the appeal was dismissed
and the decision was finalized.
Besides, a trial was opened against officials of the Trabzon
Gendarmerie Command at the Trabzon 2nd Magistrate Criminal Court and
another case was launched against Colonel Ali Oz, the then Provincial
Gendarmerie Commander, on charges of neglect of duty.
The Dink family lawyers sent another petition to the Rize High
Criminal Court since that was the closest high criminal court to
Trabzon. In the petition, the lawyers alleged that the facts had not
been sufficiently investigated for the decision of the Trabzon Public
Prosecution to drop procedures against the officials of the Trabzon
Police Directorate and the Provincial Gendarmerie Command.
The petition demanded to revoke the decision against the prosecution.
Thereupon, the Trabzon Public Prosecutor announced that there were
no new facts or evidence to be added. Since the investigation on the
same matter would not be repeated, it was decided that there was no
reason for a prosecution.
Rize court requested investigation Upon the latest appeal by the
Dink family lawyers filed to the Rize High Criminal Court against
the decision of lack of jurisdiction, it was decreed that facts and
evidence might exist that would justify the opening of a public case.
In the decision it was decreed to apply for the detailed statements of
ReÅ~_at Altay and Levent Yarımel, who was mentioned in the statement
of witness Emin Arslan, and for the detailed statement of Arslan that
was included in the appeal and the attachments.
In the meantime, the Parliamentarian Commission on Human Rights had
communicated the commission's disagreement with the decision of the
Trabzon Prosecutor to drop procedures. It was announced that the
investigation would have to be broadened and a decision was to be
given according to the results to be obtained. It was decided to
accept the appeal against the decision to drop procedures made by
the Trabzon Public Prosecution. (BO/EO)
From: A. Papazian