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Still No Response on Crucial Evidence after 1,760 Days
BIAnet.org
http://bianet.org/english/minorities/134030-still-no-response-on-crucial-evidence-after-1-760-days
Nov 15 2011
Turkey
Hrant Dink Trial
Almost 5 years after the murder of Turkish-Armenian journalist Dink,
trial procedures are still jammed because crucial records to be
provided by the Telecommunication Communication Presidency are still
lacking. These records will be officially erased in 63 days.
Istanbul - BÄ°A News Center15 November 2011, Tuesday The 21st hearing
of the trial on the murder of Turkish-Armenian journalist Hrant Dink
was held before the Istanbul 14th High Criminal Court on Monday
(14 November). Dink, founder and editor-in-chief of the Armenian
Agos newspaper at the time, was gunned down in front of his office
in central Istanbul on 19 January 2007.
Yesterday's session was chaired by Judge Rustem Eryılmaz. The hearing
started at 11.00 am and was attended by detained defendants Yasin
Hayal and Erhan Tuncel. The main suspects are charged with "joining
and assisting a terrorist organization" according to Article 7/2 of
the Anti-Terrorism Law (TMK), "membership in an armed organization"
(Article 314/2) and "premeditated murder" according to Article 82/1
of the Turkish Criminal Law (TCK).
Mentally healthy In the beginning of the hearing, a report concerned
with the mental health condition of prime suspect Yasin Hayal was
read out. A mental health check had been requested from the Forensic
Medicine in the previous session.
The report of the Forensic Medicine Institute determined that Yasin
Hayal did not suffer from any mental illness that would acquit him
from the responsibility of the murder.
Also in the previous hearing, the joint attorneys of the Dink Family
had requested to compare a biometric photograph of suspect Osman
Hayal with a person identified on the footage of a security camera
at the scene of crime from the day of the murder.
In response, President Judge Eryılmaz refereed to the report of
the Physical Specialization on Audio and Video Branch Directorate as
part of the Forensic Medicine Institute Presidency. Eryılmaz quoted,
"A determination could not be made due to the insufficient quality
of the photographs from the video recordings".
The statement of Sinan RagÅ~_itoglu was read out. He was alleged to
have been involved in the murder later on and gave his statement to
the police upon a correspondent directive.
RagÅ~_itoglu said in his statement, "I got to know about the incident
from the press. I do not know why I was heard as a witness. I was not
informed about the house Yasin took cover in when he was in Istanbul.
I did not work as a member of the intelligence. I did not have any
meeting or conversation on the incident. I had a flower shop in
Trabzon. Yasin and a few friends came to the shop quite frequently
for about one month. Then he changed his job and stopped coming".
The plaintiff lawyers deemed RagÅ~_itoglu's statement a lie and
claimed that the witnesses who gave their statements to the police
should duly make their statements face to face at court. The lawyers
requested to summon them to court accordingly.
Who protects TÄ°B?
The Dink family lawyers emphasized that the Telecommunication
Communication Presidency (TÄ°B) had been requested by court several
times to provide footage that was important for the determination
of certain persons and for the identification of other perpetrators
of the criminal organization. TÄ°B has not yet provided any of the
information requested by court which, according to the plaintiff
lawyers, was an obstruction of justice. They reiterated the request
for the records. "The final opinion as to the accusation cannot be
presented as long as the evidence is incomplete", the lawyers said.
The plaintiff lawyers referred to conversations of suspicious
individuals made at 11.10 and 11.25 am and at 2.45 and 3.00 pm as
shown on the footage of the camera installed at the Akbank Branch in
Pangaltı. They requested TİB to draw up a writ on the determination
of the identity of these people, information on the place, who they
called and by whom they were called without giving attention to the
content of the conversations.
There are 63 days left before TÄ°B is going to officially erase these
telephone records. If TÄ°B erased the requested records, the most
crucial evidence related to the murder of Hrant Dink would be lost.
Therefore, the lawyers demanded to have the records protected by a
precautionary measure imposed on TÄ°B.
However, the court board decided to conclude the preliminary injunction
on the erasure of the records and of information related to TÄ°B and
other telephone operators only after having received a reply from the
TÄ°B Presidency. Hence, the plaintiff lawyers' demand was dismissed.
The trial was postponed to 5 December. (IC/VK)
From: Baghdasarian
BIAnet.org
http://bianet.org/english/minorities/134030-still-no-response-on-crucial-evidence-after-1-760-days
Nov 15 2011
Turkey
Hrant Dink Trial
Almost 5 years after the murder of Turkish-Armenian journalist Dink,
trial procedures are still jammed because crucial records to be
provided by the Telecommunication Communication Presidency are still
lacking. These records will be officially erased in 63 days.
Istanbul - BÄ°A News Center15 November 2011, Tuesday The 21st hearing
of the trial on the murder of Turkish-Armenian journalist Hrant Dink
was held before the Istanbul 14th High Criminal Court on Monday
(14 November). Dink, founder and editor-in-chief of the Armenian
Agos newspaper at the time, was gunned down in front of his office
in central Istanbul on 19 January 2007.
Yesterday's session was chaired by Judge Rustem Eryılmaz. The hearing
started at 11.00 am and was attended by detained defendants Yasin
Hayal and Erhan Tuncel. The main suspects are charged with "joining
and assisting a terrorist organization" according to Article 7/2 of
the Anti-Terrorism Law (TMK), "membership in an armed organization"
(Article 314/2) and "premeditated murder" according to Article 82/1
of the Turkish Criminal Law (TCK).
Mentally healthy In the beginning of the hearing, a report concerned
with the mental health condition of prime suspect Yasin Hayal was
read out. A mental health check had been requested from the Forensic
Medicine in the previous session.
The report of the Forensic Medicine Institute determined that Yasin
Hayal did not suffer from any mental illness that would acquit him
from the responsibility of the murder.
Also in the previous hearing, the joint attorneys of the Dink Family
had requested to compare a biometric photograph of suspect Osman
Hayal with a person identified on the footage of a security camera
at the scene of crime from the day of the murder.
In response, President Judge Eryılmaz refereed to the report of
the Physical Specialization on Audio and Video Branch Directorate as
part of the Forensic Medicine Institute Presidency. Eryılmaz quoted,
"A determination could not be made due to the insufficient quality
of the photographs from the video recordings".
The statement of Sinan RagÅ~_itoglu was read out. He was alleged to
have been involved in the murder later on and gave his statement to
the police upon a correspondent directive.
RagÅ~_itoglu said in his statement, "I got to know about the incident
from the press. I do not know why I was heard as a witness. I was not
informed about the house Yasin took cover in when he was in Istanbul.
I did not work as a member of the intelligence. I did not have any
meeting or conversation on the incident. I had a flower shop in
Trabzon. Yasin and a few friends came to the shop quite frequently
for about one month. Then he changed his job and stopped coming".
The plaintiff lawyers deemed RagÅ~_itoglu's statement a lie and
claimed that the witnesses who gave their statements to the police
should duly make their statements face to face at court. The lawyers
requested to summon them to court accordingly.
Who protects TÄ°B?
The Dink family lawyers emphasized that the Telecommunication
Communication Presidency (TÄ°B) had been requested by court several
times to provide footage that was important for the determination
of certain persons and for the identification of other perpetrators
of the criminal organization. TÄ°B has not yet provided any of the
information requested by court which, according to the plaintiff
lawyers, was an obstruction of justice. They reiterated the request
for the records. "The final opinion as to the accusation cannot be
presented as long as the evidence is incomplete", the lawyers said.
The plaintiff lawyers referred to conversations of suspicious
individuals made at 11.10 and 11.25 am and at 2.45 and 3.00 pm as
shown on the footage of the camera installed at the Akbank Branch in
Pangaltı. They requested TİB to draw up a writ on the determination
of the identity of these people, information on the place, who they
called and by whom they were called without giving attention to the
content of the conversations.
There are 63 days left before TÄ°B is going to officially erase these
telephone records. If TÄ°B erased the requested records, the most
crucial evidence related to the murder of Hrant Dink would be lost.
Therefore, the lawyers demanded to have the records protected by a
precautionary measure imposed on TÄ°B.
However, the court board decided to conclude the preliminary injunction
on the erasure of the records and of information related to TÄ°B and
other telephone operators only after having received a reply from the
TÄ°B Presidency. Hence, the plaintiff lawyers' demand was dismissed.
The trial was postponed to 5 December. (IC/VK)
From: Baghdasarian