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RENEWED DINK TRIAL UNLIKELY TO LEAD TO TRIAL OF PUBLIC OFFICIALS
Today's Zaman, Turkey
Sept 13 2013
13 September 2013 /YONCA POYRAZ DOÄ~^AN, Ä°STANBUL Although a new trial
is set to start on Sept. 17 in regards to the Hrant Dink murder case
after the Supreme Court of Appeals overturned a lower court ruling that
dismissed the existence of an organized criminal network in the case,
the new process is most likely to put the case at a worse standpoint
than before because the initial trial had been launched on the premise
of a terrorist organization, but the high court decision says it is
an armed organization that formed to commit a specific crime.
"When the Supreme Court of Appeals decision came out, it sounded
good because it overturned the decision of the lower court, which
found no evidence that a terrorist organization was involved in
the assassination of Dink, but the fact is that although the high
court says there is an armed organization, it limits that terrorist
organization's scope, members and aims, putting us in a position worse
than back to square one," said Fethiye Cetin, chief lawyer on behalf
of the family of Dink, at a press conference on Friday organized by
Hrant's Friends, who held demonstrations before each trial demanding
justice during the five-year-long trial in the Dink case.
The 9th Chamber of the Supreme Court of Appeals in May overturned
the lower court ruling acquitting the suspects of forming a terrorist
organization, but it said they were guilty of forming an illegal and
armed organization to commit a crime in line with Turkish Penal Code
(TCK) Article 220.
"According to the 9th Chamber of the Supreme Court of Appeals, that
organization was established in 2004 by Yasin Hayal with political
motives and it consists of a few other people, including Erhan Tuncel,
and since those ultranationalist people were all angry at Dink,
who was put on trial with the accusation of 'insulting Turkishness,'
they wanted to punish Dink," Cetin said.
She also pointed out discrepancies in the explanation of the ruling.
One such discrepancy, she explained, is that Dink was not even
sentenced in 2004 for the crime that was attributed to him.
In addition, she said that the 14th High Criminal Court, which will
hold its first hearing on Tuesday in the new case, is most likely
to act within the limits drawn by the Supreme Court of Appeals and,
as a result, people who seek justice will suffer for a few more years.
"The verdict of the high court for us has been like living with a
bad illness rather than dying; however, somebody from the Dink family
said that this result will kill us miserably through great suffering,"
Cetin added. "The murder can never be solved unless public officials
complicit in the murder are brought to justice."
Dink, the late editor-in-chief of the Turkish-Armenian weekly Agos, was
shot dead on Jan. 19, 2007, by ultranationalist teenager Ogun Samast
outside the offices of his newspaper in Ä°stanbul in broad daylight.
The hitman Samast was tried in a juvenile court because he was a minor
at the time of the crime and sentenced to nearly 23 years in prison.
As a result of the Ä°stanbul 14th High Criminal Court's ruling issued
on Jan. 17 of last year, Hayal was given a life sentence for inciting
Samast to commit murder. Tuncel, who worked as an informant for the
Trabzon Police Department, was found not guilty of the murder and
was acquitted.
The judge at the time said they acquitted the suspects of organized
crime charges, but this does not mean that there was no organization
involved, rather that there was not enough evidence to prove the
actions of this organization.
Dink's lawyers had submitted a petition to the Supreme Court of Appeals
arguing that the court ruling violated the TCK by acknowledging the
existence of a criminal organization but concluding it could not be
located as it remains secret, adding that the court ignored evidence
of the organization in the case.
As the verdict of the lower court was met with outrage by civil
society groups, politicians and others, tens of thousands of people
marched in protest.
Hakan Bakırcıoglu, another lawyer representing the family of Dink,
explained at the same press conference on Friday that the lawyers for
the Dink family and the co-plaintiffs in the case presented evidence
indicating that Samast was not acting alone and have documented that
the police force in Trabzon, where most of the suspects are from and
where the assassination plot was hatched, and the Ä°stanbul Police
Department knew about the murder.
The lawyers have been expressing their frustration that there may have
been attempts to protect the suspects. A lengthy list of suspicious
irregularities in the Dink murder investigation, including deleted
records and hidden files, suggestive of a police cover-up attempt,
has marred the judicial process.
Since the day of the murder, mounting evidence has indicated that the
police were tipped off about the assassination plot some months before
the actual attack. Ä°stanbul's police chief has also acknowledged
that there was a tip-off about a possible attack on Dink, but said
its priority level was too low for his department to take it seriously.
The European Court of Human Rights [ECtHR] ruled in Sept. 2010
that Turkey had failed to investigate and prosecute those who were
responsible for Dink's murder and this constitutes a violation of
Dink's right to life.
There are many questions remain to be answered, Cetin said; for
example, why Zekeriya Oz, the former prosecutor conducting the
investigation into Ergenekon -- the clandestine network of coup
plotters -- did not merge the main Dink case with the Ergenekon case.
"Was that because the Ergenekon case was intentionally limited to
punish only coup plotters? Is there a tacit agreement to cover other
actions of Ergenekon which was likened to Gladio but no acts of it --
other than the [2007] attack at the Council of State -- were brought
to light? Where are its assassinations and murders?" she asked,
adding that those questions should be answered by prosecutors.
Garo Paylan, member of the group Hrant's Friends, said at the press
conference that they will again meet on Tuesday at the court which
will hold its new hearing on the Dink case and repeat their calls
for justice.
"Our slogan is 'leave the fake performance, prosecute those who are
primarily liable," he said.
http://www.todayszaman.com/news-326328-renewed-dink-trial-unlikely-to-lead-to-trial-of-public-officials.html
Today's Zaman, Turkey
Sept 13 2013
13 September 2013 /YONCA POYRAZ DOÄ~^AN, Ä°STANBUL Although a new trial
is set to start on Sept. 17 in regards to the Hrant Dink murder case
after the Supreme Court of Appeals overturned a lower court ruling that
dismissed the existence of an organized criminal network in the case,
the new process is most likely to put the case at a worse standpoint
than before because the initial trial had been launched on the premise
of a terrorist organization, but the high court decision says it is
an armed organization that formed to commit a specific crime.
"When the Supreme Court of Appeals decision came out, it sounded
good because it overturned the decision of the lower court, which
found no evidence that a terrorist organization was involved in
the assassination of Dink, but the fact is that although the high
court says there is an armed organization, it limits that terrorist
organization's scope, members and aims, putting us in a position worse
than back to square one," said Fethiye Cetin, chief lawyer on behalf
of the family of Dink, at a press conference on Friday organized by
Hrant's Friends, who held demonstrations before each trial demanding
justice during the five-year-long trial in the Dink case.
The 9th Chamber of the Supreme Court of Appeals in May overturned
the lower court ruling acquitting the suspects of forming a terrorist
organization, but it said they were guilty of forming an illegal and
armed organization to commit a crime in line with Turkish Penal Code
(TCK) Article 220.
"According to the 9th Chamber of the Supreme Court of Appeals, that
organization was established in 2004 by Yasin Hayal with political
motives and it consists of a few other people, including Erhan Tuncel,
and since those ultranationalist people were all angry at Dink,
who was put on trial with the accusation of 'insulting Turkishness,'
they wanted to punish Dink," Cetin said.
She also pointed out discrepancies in the explanation of the ruling.
One such discrepancy, she explained, is that Dink was not even
sentenced in 2004 for the crime that was attributed to him.
In addition, she said that the 14th High Criminal Court, which will
hold its first hearing on Tuesday in the new case, is most likely
to act within the limits drawn by the Supreme Court of Appeals and,
as a result, people who seek justice will suffer for a few more years.
"The verdict of the high court for us has been like living with a
bad illness rather than dying; however, somebody from the Dink family
said that this result will kill us miserably through great suffering,"
Cetin added. "The murder can never be solved unless public officials
complicit in the murder are brought to justice."
Dink, the late editor-in-chief of the Turkish-Armenian weekly Agos, was
shot dead on Jan. 19, 2007, by ultranationalist teenager Ogun Samast
outside the offices of his newspaper in Ä°stanbul in broad daylight.
The hitman Samast was tried in a juvenile court because he was a minor
at the time of the crime and sentenced to nearly 23 years in prison.
As a result of the Ä°stanbul 14th High Criminal Court's ruling issued
on Jan. 17 of last year, Hayal was given a life sentence for inciting
Samast to commit murder. Tuncel, who worked as an informant for the
Trabzon Police Department, was found not guilty of the murder and
was acquitted.
The judge at the time said they acquitted the suspects of organized
crime charges, but this does not mean that there was no organization
involved, rather that there was not enough evidence to prove the
actions of this organization.
Dink's lawyers had submitted a petition to the Supreme Court of Appeals
arguing that the court ruling violated the TCK by acknowledging the
existence of a criminal organization but concluding it could not be
located as it remains secret, adding that the court ignored evidence
of the organization in the case.
As the verdict of the lower court was met with outrage by civil
society groups, politicians and others, tens of thousands of people
marched in protest.
Hakan Bakırcıoglu, another lawyer representing the family of Dink,
explained at the same press conference on Friday that the lawyers for
the Dink family and the co-plaintiffs in the case presented evidence
indicating that Samast was not acting alone and have documented that
the police force in Trabzon, where most of the suspects are from and
where the assassination plot was hatched, and the Ä°stanbul Police
Department knew about the murder.
The lawyers have been expressing their frustration that there may have
been attempts to protect the suspects. A lengthy list of suspicious
irregularities in the Dink murder investigation, including deleted
records and hidden files, suggestive of a police cover-up attempt,
has marred the judicial process.
Since the day of the murder, mounting evidence has indicated that the
police were tipped off about the assassination plot some months before
the actual attack. Ä°stanbul's police chief has also acknowledged
that there was a tip-off about a possible attack on Dink, but said
its priority level was too low for his department to take it seriously.
The European Court of Human Rights [ECtHR] ruled in Sept. 2010
that Turkey had failed to investigate and prosecute those who were
responsible for Dink's murder and this constitutes a violation of
Dink's right to life.
There are many questions remain to be answered, Cetin said; for
example, why Zekeriya Oz, the former prosecutor conducting the
investigation into Ergenekon -- the clandestine network of coup
plotters -- did not merge the main Dink case with the Ergenekon case.
"Was that because the Ergenekon case was intentionally limited to
punish only coup plotters? Is there a tacit agreement to cover other
actions of Ergenekon which was likened to Gladio but no acts of it --
other than the [2007] attack at the Council of State -- were brought
to light? Where are its assassinations and murders?" she asked,
adding that those questions should be answered by prosecutors.
Garo Paylan, member of the group Hrant's Friends, said at the press
conference that they will again meet on Tuesday at the court which
will hold its new hearing on the Dink case and repeat their calls
for justice.
"Our slogan is 'leave the fake performance, prosecute those who are
primarily liable," he said.
http://www.todayszaman.com/news-326328-renewed-dink-trial-unlikely-to-lead-to-trial-of-public-officials.html