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ISTANBUL: 8 years after Dink's murder: Hopes fading as guilty public

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  • ISTANBUL: 8 years after Dink's murder: Hopes fading as guilty public

    Today's Zaman, Turkey
    Jan 18 2015

    8 years after Dink's murder: Hopes fading as guilty public officials
    still not incriminated

    A scene from a commemoration ceremony held in front of the Agos
    newspaper lasty year to mark seventh anniversary of Dink murder.
    (Photo: DHA)

    January 18, 2015, Sunday/ 18:58:02/ YONCA POYRAZ DOÄ?AN / ISTANBUL


    It has been eight years since Hrant Dink, a Turkish citizen of
    Armenian decent and the editor-in-chief of the Turkish-Armenian weekly
    Agos, was murdered on Jan. 19, 2007 in broad daylight in Ä°stanbul,
    after receiving threats in public; yet, several public officials who
    allegedly had knowledge of the planned murder but did not act to
    prevent it have not been held accountable.

    However, there might be a ray of hope, at last!

    Two police officers were arrested on Jan. 13 on charges of negligence
    and misconduct in the murder of Dink. One of them is Ã-zkan Mumcu,
    Trabzon Police Department assistant commissioner, and the other is
    police officer Mühittin Zenit, from the same police department.
    Is this development meaningful for the case, which almost came to
    closure after the hit man Ogün Samast was punished, despite the Dink
    family's lawyers having presented evidence indicating that Samast did
    not act alone?

    Yes and no, according to close observers of the case.

    `The new indictment in the case should include all suspected public
    officials from the Ä°stanbul Governor's Office, the Trabzon Police
    Department, the Trabzon Gendarmerie Command, the Ä°stanbul Police
    Department and the Ä°stanbul Police Department Intelligence Bureau.
    There are enough facts that require this. Otherwise, the legitimacy of
    the indictment will be questioned,' said Hakan BakırcıoÄ?lu, a lawyer
    representing the Dink family.

    He pointed out the fact that there are tape recordings of a phone
    conversation between Zenit and Erhan Tuncel, an informant for the
    Trabzon Police Department who was accused of initiating plans to have
    Dink murdered. And according to the conversation, Zenit knew about the
    plot to murder Dink. The recording had become public in 2007 and was
    presented to the court by the lawyers of the Dink family, along with
    other evidence.

    In addition, the lawyers for Dink's family filed a complaint in 2011
    with the Ä°stanbul Chief Public Prosecutor's Office against former
    Ä°stanbul Deputy Governor Ergun Güngör, former Ä°stanbul Police Chief
    Celalettin Cerrah, the former chief of the Ä°stanbul Police
    Department's intelligence unit, Ahmet Ä°lhan Güngör, and six other
    police officers on the grounds that those public officials were
    negligent in preventing Dink's murder.

    After the complaint, the chief public prosecutor's office applied to
    the Ä°stanbul Governor's Office to ask for permission to investigate
    those listed public officials. However, the governor's office did not
    give permission.

    BakırcıoÄ?lu also pointed to another piece of evidence that had been
    presented to the court long ago: a report prepared at 9:30 p.m. on
    Jan. 20, 2007, at the Trabzon Gendarmerie Command, which included the
    exact features of the gun used by Samast.

    `However, Samast was captured at 11 p.m. on the same day at the Samsun
    bus station and the murder weapon was seized at that time. This means
    that officials at the Trabzon Gendarmerie Command knew about the
    features of the gun even though the gun had not yet been seized,' he
    said.


    Public outrage increased over injustices


    Then why is there a renewed trial process, as the case ended two years
    ago when the Ä°stanbul 14th High Criminal Court reached a verdict on
    Jan. 17, 2012 establishing that the suspects had no ties to a larger
    crime network and had acted alone?

    BakırcıoÄ?lu said that part of it is due to the requirements of the
    European Court of Human Rights (ECtHR), which ruled against Turkey,
    saying that Turkey had not prevented the murder of the journalist and
    did not carry out an effective investigation afterwards. The court
    both fined Turkey, ordering it to pay Dink's family compensation of
    105,000 euros, and called for an effective investigation to find out
    the role of public officials in the murder.

    `Yes, the ECtHR ruling has a role in the renewed court process, but
    there is also another thing: the public has never been satisfied with
    the verdict and showed outrage,' BakırcıoÄ?lu said.

    The renewed process started in September of last year, when the
    Ä°stanbul 5th High Criminal Court complied with a ruling from the
    Supreme Court of Appeals in May 2013 overturning the lower court
    ruling that acquitted suspects in the Dink murder case of forming a
    terrorist organization. This decision paved the way for the trial of
    public officials on the charge of voluntary manslaughter.

    There were also separate investigations going on, including in
    Ä°stanbul and in Trabzon, in relation to Dink's murder, and despite
    Dink family lawyers' demands, they were not merged. Toward the end of
    last year, they were finally combined.

    `So far, the court has heard the testimony of about 50 public
    officials in recent months. The prosecutor requested arrest for some
    of them, but most of them were released pending trial with
    restrictions on leaving the country,' BakırcıoÄ?lu said.

    Another development in the new case is that prosecutor Gökalp Kökçü,
    of the Ä°stanbul Terrorism and Organized Crimes Unit, is holding the
    suspects responsible for voluntary manslaughter, in line with Article
    83 of the Turkish Penal Code (TCK).

    `This article relates to any person causing death of another person
    due to a failure to perform a legal obligation or requirement. The
    punishment for the act is imprisonment for up to 25 years,' he said.



    `We've been demanding this for eight years'


    However, there are reasons to be skeptical about the renewed trial
    process, said many members of the Friends of Hrant group, among them
    Ã-zlem Dalkıran.

    `We are not so happy because two police officers have been arrested,'
    Dalkıran said, adding that there are many names involved, and some of
    them are top officials who are still serving as public officials.

    `If the court identifies only the low-ranking officers and not their
    chiefs, then that means there is no effort to bring high-level public
    officials to justice.'

    One of those suspects is Ercan Demir, who was a police officer with
    the Trabzon Police Department's Intelligence Unit when Dink was
    murdered, and he is still a police chief in the southeastern town of
    Cizre.

    As of the writing this news story, and Ä°stanbul penal court of peace
    issued an arrest warrant for Demir on Jan. 16, on charges of
    "negligence over the murder" of Hrant Dink.

    There are some other suspects who later received promotions, said
    investigative journalist Ä°smail Saymaz, discussing the issue on a live
    television show recently.

    `Another suspect, Engin Dinç, who was also called to court recently
    for testimony related to the Dink case, has been promoted to the
    intelligence department in Ankara. He used to be the branch chief of
    the Trabzon intelligence unit,' he said on CNNTürk.

    `The state is famous for its tradition of promoting public officials
    who are suspected criminals,' he added.

    Another concern is that the battle between the government and the
    faith-based Gülen movement, inspired by Islamic scholar Fethullah
    Gülen, will lead to acts of revenge on part of the government.
    Observers worry that this will lead to the punishment of only a few
    low-key police officers, according to the wishes of the government and
    not the rule of law.

    A massive corruption scandal that went public on Dec. 17 and 25, 2013
    implicated key government figures and people close to then-Prime
    Minister and now President Recep Tayyip ErdoÄ?an, and a
    government-dominated parliamentary corruption commission recently
    rejected sending the former government ministers who were accused of
    graft to face trial. The Justice and Development Party (AK Party)
    officials claim that the corruption scandal is the work of a `parallel
    state' related to the Gülen movement, seeking to topple his
    government.



    Meaning of 1954-1915


    The latest issue of Agos, the Turkish-Armenian weekly published in
    Turkey, has a headline story on the topic. It says: `Eight years have
    passed since Hrant Dink was shot in the back in front of his
    newspaper, Agos. Eight years, from 2007 to 2015, passed while waiting
    for justice to be served. But that is not it. Since 1915, 100 years
    have passed with the same expectation and demand. Jan. 19, 2015 is the
    anniversary of Hrant Dink's death. For us, it is, at the same time,
    the beginning: April 24, 1915, when the journey of the Armenian
    intellectuals of Ä°stanbul ended in death. 1915 was the year when
    Armenians of Anatolia were wiped out, together with their Assyrian
    [also known as the Syriacs and Chaldeans] neighbors in some regions.'

    Hundreds of thousands of people march every year on Jan. 19 to support
    Dink's family and demand justice.

    Dink was best known for his willingness to debate critically the
    issues of Armenian identity and the official versions of history in
    Turkey related to the massacres of Armenians in 1915. He was
    prosecuted for expressing his opinions.

    In 2005, he was given a six-month suspended prison sentence after he
    was accused of denigrating "Turkishness" in writings about the
    identity of Turkish citizens of Armenian origin.

    The ECtHR ruled that Turkey had violated Dink's right to freedom of
    expression in prosecuting and convicting him for "denigration of
    Turkishness" and for failing to protect him from an ensuing hate
    campaign by ultra-nationalists.

    Friends of Hrant Dink made a call this year saying:`Fight for Hrant,
    fight against genocide¦ 1954-1915'

    Dink was born in 1954. When asked for the meaning of the call, Yetvart
    Danzikyan, a journalist-researcher, said speaking on behalf of the
    Friends of Hrant Dink group, `Planning, organizing and protecting the
    murderers of the 1915 genocide involved all state mechanisms, just as
    the murder of Hrant Dink was planned, committed and the murderers have
    been protected. It has been a continuation of 1915, the last link of
    the genocide chain.'

    Dink's family stopped regularly attending the court hearings in
    September 2013, and their decision represented a turning point,
    indicating that they have lost faith in the justice system.

    Part of the statement from the Dink family dated Sept. 16, 2013
    read:`In order not to become dirtier, we will not step into those
    courthouses where lies are so easily said, force so easily used, and
    rightfulness, truth, rights and justice so easily stepped on. ¦ Since
    the day Hrant Dink was slain on Jan. 19, 2007, the system in Turkey,
    with its judiciary, police, military, civilian bureaucracy and
    political institutions, have made fun of us. ¦ On the other hand,
    opposition parties, with their attitude toward Article 301 and support
    for ultranationalist feelings and breeding hit men, were the main
    actors in the climate of murder. ¦ We will be where we are and where
    are supposed be: on the side of those who were killed by the sticks of
    the state.'

    ________________________________

    How it all started


    Fethiye Çetin, chief lawyer for Hrant Dink's family, wrote on the
    third anniversary of Dink's assassination the details of how Dink was
    publicly targeted:

    `Upon the coverage of news articles in Agos on 6 February 2004 and
    later on in Hürriyet Daily which noted that `Atatürk's adopted
    daughter Sabiha Gökçen was an Armenian girl from an orphanage,' the
    General Staff issued an extremely harsh statement against these
    articles while making it very clear where the boundaries of the
    freedom of the press ends and where the duties of Turkish citizens and
    organizations begin. The individuals and organizations who received
    this message started acting from the next day onwards.

    `Right after this statement, Hrant Dink was summoned to the Ä°stanbul
    governorate. The meeting was held in the office of Ergun Güngör, the
    deputy governor responsible for carrying out procedures related to
    minority issues, and was attended by two intelligence officers; the
    meeting was described by Hrant Dink as the beginning of an operation
    that aimed to teach him a lesson, and in his article he wrote `I am
    now a target.' As Ã-zer Yılmaz, one of the intelligence officers
    present at that meeting, became a defendant in the Ergenekon case, it
    turned out that those who were present at the meeting were indeed
    high-ranking intelligence officers. In its correspondence sent to the
    Court on July 19, 2010, literally three years after the murder, the
    Undersecretariat of the National Intelligence Organization (MIT)
    acknowledged the meeting and confirmed the meeting attendants being
    MIT members.

    `Two days after this meeting, during a demonstration staged in front
    of the Agos Newspaper, Levent Temiz, head of Ä°stanbul Provincial
    Branch of Ã`lkü Ocakları (Turk-Islam Idealists) made the following
    statement on behalf of the demonstrating group, `From now on, Hrant
    Dink will be the object of our rage and hatred, he is our target.'

    `A similar demonstration took place a few days later, again in front
    of Agos, held by the `Federation of Fight against Unfounded Armenian
    Allegations.'

    `Immediately after these incidents, a new smear campaign was launched
    which picked just a single sentence from Hrant Dink's article series
    entitled `On Armenian Identity' and used it as a pretext. Some
    individuals and organizations filed complaints against Hrant Dink by
    identical petitions.'


    http://www.todayszaman.com/national_8-years-after-dinks-murder-hopes-fading-as-guilty-public-officials-still-not-incriminated_370208.html

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