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Today's Zaman, Turkey
May 16 2013
Lower court should carry out a real investigation, say friends of Dink
Hundreds of protesters gathered in front of the office of Hrant Dink
in İstanbul to protest the court's verdict in the murder trial in
January 2012. (Photo: Today's Zaman)
16 May 2013 /MUSTAFA GÜRLEK/HASAN KARALI/YAVUZ AKENGİN, İSTANBUL
The Supreme Court of Appeals' recent ruling that there is indeed an
organizational connection behind the 2007 murder of Turkish-Armenian
journalist Hrant Dink, as opposed to the lower court decision that
found that the hit man acted alone in the crime, might contribute to a
better and more fair retrial process, say lawyers and jurists who are
following the Dink trial.
The 9th Chamber of the Supreme Court of Appeals on Wednesday
overturned a lower court ruling in the Dink murder trial which
dismissed the existence of an organized criminal network in the case,
but it also failed to find a terrorist organization, which is not
exactly good news. However, the fact that there will be retrial could
turn out to be a positive development.
Former Chief Prosecutor of the Supreme Court of Appeals Ahmet Gündel
said the lower court holding the retrial should take the prosecution's
initial argument that there is a terrorist organization behind the
murder seriously. Gündel said: "Although it appears to be a positive
ruling [by the high court], there are serious problems. This ruling is
strongly at odds with the opinion of the chief prosecutor of the
Supreme Court of Appeals, who said the murder was linked to
Ergenekon," referring to a terrorist organization whose suspected
members are charged with plotting to overthrow the government.
The lower court prosecutor and the Supreme Court of Appeals prosecutor
both said evidence showed clear links to Ergenekon involvement. They
link it to a coup plot devised by Ergenekon's military members called
the Cage Action Plan, which was based on targeting minorities and
community leaders of non-Muslim groups. "If the high court ruling is
used during an evaluation, it will only be treated like the job of an
ordinary gang."
Caner Yenidünya, an associate professor of criminal law, said the
Supreme Court of Appeals still opened a door, making it possible to
have a better trial. "In organized crime, Article 220 of the Turkish
Criminal Code related to criminal organizations is a general
provision. If the local court goes ahead with a retrial, it still has
a chance of deepening the investigation."
Ufuk Uras, a former parliamentarian, said it was very strange that the
organization behind Dink's assassination was being presented by the
court as a neighborhood gang. "Certainly it is positive that the
lower's court ruling saying that there is no organizational link at
all is overturned. At the end of the day, they say there is an
organization, but it describes this group as an "organization formed
with the intent of committing a crime;" the content of that crime is
not described. We have known all along that Ergenekon is behind the
Dink murder. This trial will not end until that connection is made
legally." However, he also said he agreed that this time there could
be the chance for a more thorough investigation.
Journalist and writer Alper Görmüş agreed that the ruling is not
satisfactory. "This decision was presented as if it is a positive
ruling, but I don't agree. I am convinced that this murder couldn't
have possibly been committed without the support of individuals/groups
inside the state mechanism. This ruling is a diversion from the real
essence of the problem. I also don't think it is convincing at all. It
doesn't address concerns that emerged in the public regarding the Dink
trial. I can't really make a legal assessment but I don't think that
the lower court will issue a ruling that radically goes against its
initial ruling. Knowing Turkey's crime practices, nobody in the world
can convince me that three people got together and said 'Let's kill an
Armenian.' Such comments only aim at covering up the issue. They will
satisfy nobody."
Cavit Tatlı, head of the Jurists' Association, said, like the other
commentators, the "deeper" connections in the case are yet to be
brought to light. "I think that the involvement of the police force
wasn't investigated thoroughly in this case. What happens in Turkey is
that in most cases there are some facts that come out during a trial,
but somehow, somebody always manages to cover up that trial. I really
don't know how many trials like the Susurluk case [inconclusive trials
about state gangs] we have had. The picture can only be seen when
those behind the hit man are found. There is a state connection in
this business and that should not be ignored."
Cahit Özkan, head of the Supremacy of Law Platform said, "As a rule,
none of the political murders are individual crimes, they are always
connected to a larger organization." He said that the prosecutor has
to be well prepared with good evidence in the retrial phase.
Meanwhile, sources close to the Prosecutor's Office of the Supreme
Court of Appeals say that the prosecutor is not planning to file an
objection to the 9th Chamber ruling.
http://www.todayszaman.com/news-315675-lower-court-should-carry-out-a-real-investigation-say-friends-of-dink.html
May 16 2013
Lower court should carry out a real investigation, say friends of Dink
Hundreds of protesters gathered in front of the office of Hrant Dink
in İstanbul to protest the court's verdict in the murder trial in
January 2012. (Photo: Today's Zaman)
16 May 2013 /MUSTAFA GÜRLEK/HASAN KARALI/YAVUZ AKENGİN, İSTANBUL
The Supreme Court of Appeals' recent ruling that there is indeed an
organizational connection behind the 2007 murder of Turkish-Armenian
journalist Hrant Dink, as opposed to the lower court decision that
found that the hit man acted alone in the crime, might contribute to a
better and more fair retrial process, say lawyers and jurists who are
following the Dink trial.
The 9th Chamber of the Supreme Court of Appeals on Wednesday
overturned a lower court ruling in the Dink murder trial which
dismissed the existence of an organized criminal network in the case,
but it also failed to find a terrorist organization, which is not
exactly good news. However, the fact that there will be retrial could
turn out to be a positive development.
Former Chief Prosecutor of the Supreme Court of Appeals Ahmet Gündel
said the lower court holding the retrial should take the prosecution's
initial argument that there is a terrorist organization behind the
murder seriously. Gündel said: "Although it appears to be a positive
ruling [by the high court], there are serious problems. This ruling is
strongly at odds with the opinion of the chief prosecutor of the
Supreme Court of Appeals, who said the murder was linked to
Ergenekon," referring to a terrorist organization whose suspected
members are charged with plotting to overthrow the government.
The lower court prosecutor and the Supreme Court of Appeals prosecutor
both said evidence showed clear links to Ergenekon involvement. They
link it to a coup plot devised by Ergenekon's military members called
the Cage Action Plan, which was based on targeting minorities and
community leaders of non-Muslim groups. "If the high court ruling is
used during an evaluation, it will only be treated like the job of an
ordinary gang."
Caner Yenidünya, an associate professor of criminal law, said the
Supreme Court of Appeals still opened a door, making it possible to
have a better trial. "In organized crime, Article 220 of the Turkish
Criminal Code related to criminal organizations is a general
provision. If the local court goes ahead with a retrial, it still has
a chance of deepening the investigation."
Ufuk Uras, a former parliamentarian, said it was very strange that the
organization behind Dink's assassination was being presented by the
court as a neighborhood gang. "Certainly it is positive that the
lower's court ruling saying that there is no organizational link at
all is overturned. At the end of the day, they say there is an
organization, but it describes this group as an "organization formed
with the intent of committing a crime;" the content of that crime is
not described. We have known all along that Ergenekon is behind the
Dink murder. This trial will not end until that connection is made
legally." However, he also said he agreed that this time there could
be the chance for a more thorough investigation.
Journalist and writer Alper Görmüş agreed that the ruling is not
satisfactory. "This decision was presented as if it is a positive
ruling, but I don't agree. I am convinced that this murder couldn't
have possibly been committed without the support of individuals/groups
inside the state mechanism. This ruling is a diversion from the real
essence of the problem. I also don't think it is convincing at all. It
doesn't address concerns that emerged in the public regarding the Dink
trial. I can't really make a legal assessment but I don't think that
the lower court will issue a ruling that radically goes against its
initial ruling. Knowing Turkey's crime practices, nobody in the world
can convince me that three people got together and said 'Let's kill an
Armenian.' Such comments only aim at covering up the issue. They will
satisfy nobody."
Cavit Tatlı, head of the Jurists' Association, said, like the other
commentators, the "deeper" connections in the case are yet to be
brought to light. "I think that the involvement of the police force
wasn't investigated thoroughly in this case. What happens in Turkey is
that in most cases there are some facts that come out during a trial,
but somehow, somebody always manages to cover up that trial. I really
don't know how many trials like the Susurluk case [inconclusive trials
about state gangs] we have had. The picture can only be seen when
those behind the hit man are found. There is a state connection in
this business and that should not be ignored."
Cahit Özkan, head of the Supremacy of Law Platform said, "As a rule,
none of the political murders are individual crimes, they are always
connected to a larger organization." He said that the prosecutor has
to be well prepared with good evidence in the retrial phase.
Meanwhile, sources close to the Prosecutor's Office of the Supreme
Court of Appeals say that the prosecutor is not planning to file an
objection to the 9th Chamber ruling.
http://www.todayszaman.com/news-315675-lower-court-should-carry-out-a-real-investigation-say-friends-of-dink.html