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ANKARA: Hrant Dink Trial: Decision On 17 January?

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  • ANKARA: Hrant Dink Trial: Decision On 17 January?

    HRANT DINK TRIAL: DECISION ON 17 JANUARY?

    BIAnet.org
    http://www.bianet.org/english/minorities/135349-decision-on-17-january
    Jan 11 2012
    Turkey

    The 24th hearing of the Hrant Dink murder trial was held on 10
    January. The court president announced to possibly give a decision at
    the coming hearing on 17 January, two days prior to the 5th anniversary
    of the journalist's assassination.

    IÅ~_ıl CÄ°NMEN [email protected] Istanbul - BÄ°A News
    Center11 January 2012, Wednesday The trial related to the murder
    of Turkish-Armenian journalist Hrant Dink was continued before the
    BeÅ~_iktaÅ~_ (Istanbul) 14th High Criminal Court on Tuesday (10
    January). Dink was gunned down on 19 January 2007 in front of his
    office at the Armenian Agos newspaper in Å~^iÅ~_li (Istanbul).

    The next hearing is scheduled for 17 January.

    Court President Rustem Eryılmaz announced, "All defence lawyers should
    be present at the 17 January hearing. I want to give a decision".

    12.15 Prime suspect Yasin Hayal requested to speak while the lawyers
    were holding their final speeches. He claimed to have been attacked
    and threatened by prison guards.

    "While the press is here I want the whole world to know that the
    Turkish state is trying to eliminate me. (...) Please note down this
    date, I am starting a revolt". Hayal stated and handed a piece of
    paper to the judge.

    He explained, "I do not want the court to read this paper, it is
    confidential. But I am starting a revolt against the Turkish state
    until these conditions will have been fulfilled. The Turkish state
    benefited from my poverty and my inexperience. And now they are trying
    to eliminate me".

    13.00 The plaintiff lawyers at the hearing emphasized that the
    Trabzon Gendarmerie, the Trabzon Police, the Istanbul Police and
    the General Presidency of the Intelligence Department handled the
    murder with negligence and that they were responsible for the crime
    of intentional homicide.

    Fethiye Cetin, joint attorney of the Dink family, asked Hayal, "Who is
    threatening you? What do they say? You say the Turkish state used you.

    Who used you? Give us a name eventually".

    The suspect replied, "Everybody who was mentioned in your final
    speech used me, from Erhan Tuncel to Ramazan Akyurek. Now they are
    threatening me; my life is under threat. I would be able to identify
    the guards if you made an identity parade".

    Cetin wondered what made Hayal change his attitude and he responded,
    "We have been here together for five years. You know that I am
    respectful and I usually speak little. But at the time I was a
    25-year-old very destitute child. They gave me any kind of help. Food,
    clothes, money... I got all this from Erhan Tuncel. Back then Tuncel
    was the head of the [Islamic Turkish-nationalist] Alperen Ocakları
    in Trabzon. I felt great respect for him, I was loyal to them. That
    is why I had none of them interrogated".

    Lawyer Bahri Belen questioned, "Engin Yılmaz said that 'Hayal, Tuncel
    and Samast met with people who had come from Istanbul. It was decided
    at that meeting that Samast was going to be the triggerman' he said.

    Who was at that meeting?"

    The lawyers addressed Hayal to say what he knew in order to protect
    himself.

    Hayal answered, "I went there on invitation of Erhan Tuncel. I met
    a number of people but I do not know their names. Ask Tuncel".

    Erhan Tuncel's lawyer requested to speak and asked, "Everybody puts the
    blame on Erhan Tuncel again. But did Yasin Hayal not know that Tuncel
    was in fact talking to these people as a member of the intelligence?"

    13:30 The joint attorneys of the Dink family submitted a petition
    to court regarding the records obtained from the Telecommunication
    Communication Presidency (TÄ°B). The attorneys noted that five people
    who were present at the scene of crime and who had connections to
    the defendants could be easily identified from the footage. Moreover,
    14 people who were not at the scene of incident but were phoned from
    there again had connections with the defendants and suspects.

    "It was determined that some conversations were made via certain
    phone numbers on the day and time of the offence and at the scene of
    incident. These phone numbers were used very frequently and have a
    direct connection to defendants Mustafa Ozturk and Salih Hacisalihoglu.

    15.20 The joint attorneys of the Dink family finished their final
    speeches and prosecutor Hikmet Usta who had presented his final
    plea on 19.09.2011 was asked if he wanted to make any changes in his
    final opinion.

    Usta criticized the Dink lawyers for saying that "the time before and
    after the murder should be considered as a whole". In his opinion, it
    was not correct to see the Dink murder in the context of the killing
    of Priest Andrea Santoro and the killing of three people at the Zirve
    Publishing House in Malatya and to evaluate these incidents over all
    as an action done by the state.

    "Because this would declare the state a murderer, this would be an
    oddity", Usta said and reiterated his opinion that a cell of the
    Ergenekon Terrorist Organization active in Trabzon committed the
    murder of journalist Dink.

    The prosecutor announced that he was not going to change his final
    plea. "Hrant is not a political dissident, he is just a journalist. It
    is actually not important in this murder if he was Armenian or not.

    Terror does not make ethnic distinctions, terror is terror. The
    state does not want terror, just the terrorists want it. The involved
    parties are not able to see the whole picture. In their final speeches
    they examined irrelevant issues such as if the police behaved with
    negligence" Usta remarked.

    Lawyer Erdogan Soruluk, legal advisor of defendant Erhan Tuncel,
    claimed that organizations with the aim to commit crimes were
    established within the state. Ergenekon, according to Soruluk, tried
    to fray out the Justice and Development Party (AKP) by creating chaos
    in the country.

    In his opinion, Priest Santoro and the three employees of the Zirve
    Publishing House were killed for that reason. Soruluk reminded that
    the European Union (EU) held the Turkish government responsible for
    these murders and intended to withdraw subsidies in this context. The
    Council of State had claimed that the murders were committed in order
    to mobilize the secular section of society and to establish a public
    opinion in opposition to the government, the lawyer said.

    He continued, "The Dink murder was also one element connected
    to Ergenekon. As a member of the intelligence Tuncel informed the
    official authorities about Hayal and about everything related to the
    murder. He could have followed Hayal and prevent the murder. Tuncel
    fulfilled his duty and did not take any precautions. Therefore, this
    is a murder that requires the investigation into connections that reach
    inside the state. But the court did not investigate this until now".

    16.00 Lawyer Sorukly emphasized the importance of the footage provided
    by TÄ°B and its investigation.

    He claimed that the Dink murder was related to Ergenekon but that
    Erhan Tuncel could not be seen as a member of the Ergenekon terrorist
    organization since he fulfilled his duty. Related to Yasin Hayal's
    statement made in the morning, Soruklu said, "He blames Erhan Tuncel
    all the time. When he is asked to give names he says 'from Erhan
    Tuncel to Ramazan Akyurek'. Ramazan Akyurek was the person who
    introduced Tuncel to the police. Also Akyurek fulfilled his duty;
    we cannot blame him".

    Soruklu went on, "There are state officers who abuse their position
    but it is wrong to accuse the institutions because of these people.

    Yasin Hayal gave a message and we have to give attention to
    this message. He constantly tries to relate the incident to the
    [nationalist] Great Union Party (BBP). This is a diversion (...)".

    Lawyer Soruklu submitted his 17-page defence speech to court and
    requested Tuncel's acquittal.

    Eda Salman, lawyer of defendants Yasin Hayal and Osman Hayal, rejected
    allegations related to a criminal organization. She expounded,
    "The prosecutor connects the trial to Ergenekon in his indictment
    but he does not merge the trials. If you continue to relate this
    trial to Ergenekon, the court should keep in mind that that trial is
    heard somewhere else. If he mentions a different organization that
    organization has to be defined once more".

    After that, the lawyer of un-detained defendant Mustafa Ozturk
    delivered his speech of defence. (IC/NV/CT/VK)

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