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ANKARA: Trial Starts: Court Orders Deeper Probe, 4 Defendants Releas

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  • ANKARA: Trial Starts: Court Orders Deeper Probe, 4 Defendants Releas

    TRIAL STARTS: COURT ORDERS DEEPER PROBE, FOUR DEFENDANTS RELEASED, HEARINGS TO RESUME OCTOBER 1

    New Anatolian, Turkey
    Hayati Ozcan - The New Anatolian / Istanbul
    July 7 2007

    All eyes were on Turkey on Monday as a heavy penal code in Istanbul
    started hearing the assassination case of journalist Hirant Dink who
    was gunned down in broad daylight on Jan.19 by Ogun Samast, a 17 year
    old ultranationalist teenager.

    International critics and Turkish intellectuals say the trial will
    have a meaning if it can reveal the involvement of the so-called
    "deep state" and how ultranationalists have been mobilized to silence
    liberals in Turkey.

    The security forces are already under fire for negligence and there
    are even claims that some policemen may have cooperated with the
    assassin and his gang.

    It is now clear that a gang led by a convicted ultranationalist Yasin
    Hayal plotted the assassination but it is not clear whether it has
    any links with the security forces.

    On July 3 the Turkish Security Department sent a letter to the court
    hearing the case saying Hayal set up a gang to kill the victim. The
    Security Department said the gang was not a terrorist group but it
    was set up by Hayal to commit a crime.

    The department said Hayal threw the bomb at the McDonald on Oct. 24,
    2004 and served a prison term. He left prison on May 13, 2005 and
    then decided to set up a gang to kill Dink. Hayal was regarded as the
    leader and gave orders to all the members of the gang, the department
    told the court.

    The court also asked the department if Erhan Tuncel, another jailed
    suspect who is regarded as a kep person in the gang was a police
    informant. The department said Tuncel was used as a source of
    information by the police between Nov. 17, 2004 and Nov.23, 2006.

    "After this date the police did not contact him," the department said.

    Tuncel has claimed he was framed and that he in fact informed the
    police of the preparations for the assassination but the police did
    not act to stop it.

    The government vowed a thorough investigation, and the governor and
    police chief of the Black Sea city of Trabzon, the hometown of Samast,
    were removed from office because of negligence. Some security officials
    who posed for photographs with the gunman as he held a Turkish flag
    were also dismissed.

    There has been no evidence that directly implicates any police
    or government official in the slaying of Dink outside his office,
    however, many Turks are convinced that a so-called "deep state" -
    a network of state agents or ex-officials, possibly with links to
    organized crime - periodically targets reformists and other perceived
    enemies in the name of nationalism.

    Dink, who was of Armenian descent and the editor and owner of the
    Argos newspaper, sought to encourage reconciliation between Turkey and
    Armenia. But he was prosecuted under Article 301 of Turkey's penal
    code, which bans insults to Turkish identity, for his comments on
    the alleged mass killings of Armenians by Ottoman Turks in the early
    20th century.

    One of the main criticisms leveled against the trial is that the
    investigations into the case have been superficial and inadequate.

    The penal court hearing the case on July 2 ruled to widen the probe.

    It also ordered the release of four defendants.

    That left 8 out of 18 suspects in jail. The next hearing was scheduled
    for October 1.

    The trial which lasted 12 hours took place behind closed doors because
    the gunman, Ogun Samast, is a minor.

    Lawyer Bahri Belen, representing Dink's family, told reporters that
    the court agreed to broaden the investigation.

    Two of the key suspects, Hayal and Tuncel, claimed they worked for
    the security forces. The alleged gunman had remained silent during
    the trial.

    Tuncel, who is suspected of masterminding the killing, reportedly
    told the court that he was paid by police for gathering intelligence,
    according to a lawyer who attended the hearing.

    The court decided to ask police to provide a list of Tuncel's
    telephone calls.

    Hayal's lawyer Fuat Turgut said that his client and the gunman were
    "manipulated by certain forces because of their patriotic feelings."

    Observers say Dink's writings on the Armenian genocide had made him
    a target for both the Turkish government and ultranationalist groups.

    His assassination sparked something remarkable in the Turkish
    public: Thousands gathered to express solidarity with the Armenian
    minority and outrage against restrictions on free speech and growing
    ultranationalist sentiment.

    Observers said for a fleeting second, the government seemed dedicated
    to real reform and perhaps even the eventual abolishment of Article
    301 of the penal code , which was used to try to silence Dink and
    other famed writers such as Orhan Pamuk and Elif Safak for allegedly
    "insulting Turkishness." But now any changes in Article 301 have been
    postponed until after the July 22 elections and critics doubt if any
    new government will be enthusiastic to act on it.

    Human Rights Watch warned recently that evidence presented at the
    trial may raise questions about possible collusion or negligence on
    the part of security forces. The real test for the Turkish judiciary
    will be if it can adequately prosecute all those involved-even if
    this means lifting the huge rock off some dirty internal dealings.

    Fethiye Cetin, the Dink family's lawyer, expressed her concern: "The
    gang does not consist of these suspects only," Cetin said of the 18
    defendants. "It is far more planned and organized. There is almost an
    intentional misconduct of the gendarmerie and police in this incident."

    Observers say ensuring that all those involved in Dink's murder are
    exposed and punished is essential not just for his family, but for
    Turkey as a country. They say Brussels will be following this case
    closely. After all, the last thing Turkey needs is another excuse
    for Europe to slam the door shut on Turkish membership.

    From: Emil Lazarian | Ararat NewsPress
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