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Today's Zaman, Turkey
June 29 2012
Non-Muslims: Key cases must not be affected by removal of special courts
29 June 2012 / YONCA POYRAZ DOÄ?AN, Ä°STANBUL
As there is a government plan to pass a law that would abolish or
significantly curtail the powers of Turkey's specially authorized
courts, Turkey's non-Muslims have voiced their concerns over this and
indicated that progress in important cases must not be affected by the
changes.
`Our concern is in regards to the fate of current cases such as
Ergenekon, Zirve and Hrant Dink. Changes to the law must not affect
the progress of these key cases which are not only important for the
non-Muslim community but also for the whole of Turkey,' said Tatyos
Bebek, a civil society activist from the Armenian community.
Bebek was referring to the Ergenekon case -- a clandestine
organization nested within the state that was trying to manipulate and
overthrow the democratically elected government; the Cage (Kafes) case
-- a plan that targeted Turkey's non-Muslims to create chaos and
grounds for military interference; the Zirve case, which involved the
killing of Christian missionaries in Malatya; and the murder of Hrant
Dink, a Turkish citizen of Armenian origin.
He added that he was against the lawlessness practiced by the
notorious State Security Courts (DGMs) and that restricting the
authority of special courts could be a positive step in that regard as
long as progress in important cases continues to be made.
`Government officials say that ongoing cases will not be affected by
the changes. That's what we expect. If the changes are going to
eliminate the allegations that there are unfair practices conducted by
these special courts, then the new law will bring positive changes,'
said Ä°vo Vedat Molinas, the editor-in-chief of Shalom, a Jewish
community newspaper in Turkey.
The ruling Justice and Development Party (AK Party) eliminated the
DGMs and instead set up the current special courts in 2004 to align
the Turkish judicial system with that of the EU and to implement
reforms recommended by the European Court of Human Rights (ECtHR). In
addition, members of the legal community argued that strong criminal
networks nested within the state cannot be brought to justice by
ordinary courts and prosecutors.
Specially authorized courts were credited with dismantling gangs and
organized crime in Turkey and going after coup-plotting senior
generals for the first time in the republic's history, which has seen
four military coups and numerous attempts.
However, human rights lawyer Orhan Kemal Cengiz, who is also the
lawyer for the families of the brutally murdered Christians at the
Zirve Publishing house in Malatya in April 2007, said it is important
to have `special measures' to fight organized crime and gangs in
Turkey but that it must be done at the prosecution level.
`What we need are more powerful prosecutors who can prepare good
indictments for cases. What is important in law is the preparation of
well-rounded indictments. When there is a good indictment, it is not
that important which court those cases are heard in,' he said.
He also said that the ongoing cases must not be hurt by the new
changes but there is no information yet about what changes will be
made.
According to the government's plans, the new bill will be passed
before Parliament adjourns for summer recess on July 1. There are
predictions that the new law might lead to the release of hundreds of
gang members, drug traffickers, terrorists and terror suspects.
June 29 2012
Non-Muslims: Key cases must not be affected by removal of special courts
29 June 2012 / YONCA POYRAZ DOÄ?AN, Ä°STANBUL
As there is a government plan to pass a law that would abolish or
significantly curtail the powers of Turkey's specially authorized
courts, Turkey's non-Muslims have voiced their concerns over this and
indicated that progress in important cases must not be affected by the
changes.
`Our concern is in regards to the fate of current cases such as
Ergenekon, Zirve and Hrant Dink. Changes to the law must not affect
the progress of these key cases which are not only important for the
non-Muslim community but also for the whole of Turkey,' said Tatyos
Bebek, a civil society activist from the Armenian community.
Bebek was referring to the Ergenekon case -- a clandestine
organization nested within the state that was trying to manipulate and
overthrow the democratically elected government; the Cage (Kafes) case
-- a plan that targeted Turkey's non-Muslims to create chaos and
grounds for military interference; the Zirve case, which involved the
killing of Christian missionaries in Malatya; and the murder of Hrant
Dink, a Turkish citizen of Armenian origin.
He added that he was against the lawlessness practiced by the
notorious State Security Courts (DGMs) and that restricting the
authority of special courts could be a positive step in that regard as
long as progress in important cases continues to be made.
`Government officials say that ongoing cases will not be affected by
the changes. That's what we expect. If the changes are going to
eliminate the allegations that there are unfair practices conducted by
these special courts, then the new law will bring positive changes,'
said Ä°vo Vedat Molinas, the editor-in-chief of Shalom, a Jewish
community newspaper in Turkey.
The ruling Justice and Development Party (AK Party) eliminated the
DGMs and instead set up the current special courts in 2004 to align
the Turkish judicial system with that of the EU and to implement
reforms recommended by the European Court of Human Rights (ECtHR). In
addition, members of the legal community argued that strong criminal
networks nested within the state cannot be brought to justice by
ordinary courts and prosecutors.
Specially authorized courts were credited with dismantling gangs and
organized crime in Turkey and going after coup-plotting senior
generals for the first time in the republic's history, which has seen
four military coups and numerous attempts.
However, human rights lawyer Orhan Kemal Cengiz, who is also the
lawyer for the families of the brutally murdered Christians at the
Zirve Publishing house in Malatya in April 2007, said it is important
to have `special measures' to fight organized crime and gangs in
Turkey but that it must be done at the prosecution level.
`What we need are more powerful prosecutors who can prepare good
indictments for cases. What is important in law is the preparation of
well-rounded indictments. When there is a good indictment, it is not
that important which court those cases are heard in,' he said.
He also said that the ongoing cases must not be hurt by the new
changes but there is no information yet about what changes will be
made.
According to the government's plans, the new bill will be passed
before Parliament adjourns for summer recess on July 1. There are
predictions that the new law might lead to the release of hundreds of
gang members, drug traffickers, terrorists and terror suspects.