European court says Turkey’s Ergenekon arrests legal

Tuncay Özkan (Photo: Today's Zaman)
Tuncay Özkan (Photo: Today's Zaman)


Date posted: February 16, 2012

EMRE DEMİR, STRASBOURG

Europe’s top court has said the arrest of chief Ergenekon defendant Tuncay Özkan is legal, rejecting the plaintiff’s complaint that he was deprived of his right to a fair trial.

The European Court of Human Rights (ECtHR) accepted Özkan v. Turkey despite the fact that Özkan had not exhausted all domestic judicial remedies, but rejected some of his core complaints, including his claim that he was denied the right to a fair trial and the legality of his arrest.

The ECtHR defined Ergenekon as a “terrorist organization attempting to topple the government by the use of force” and said it will wait until the judicial proceedings of Özkan’s case are finished. The European court also rejected Özkan’s claim that his right to freedom was violated. His complaint regarding the time he has spent in jail will be assessed later in an interim decision.

The European court also said there is “strong evidence” regarding the existence of the Ergenekon clandestine terrorist organization and rejected Özkan’s demand to be tried without arrest. The court said Özkan’s trial without arrest would make it difficult for security forces to fight organized crime.

ECtHR sources also told the Cihan news agency that Özkan v. Turkey might set a precedent for other Ergenekon-related complaints. The decision is also the first official assessment of the European court with respect to Ergenekon. Ergenekon is a clandestine network of individuals who appear to be nested within the state hierarchy and who are currently on trial for multiple counts of murder and causing public disorder that ultimately aimed to overthrow the ruling Justice and Development Party (AK Party) government.

The court said Özkan was deprived of his freedom for being a member of a terrorist organization aiming to topple a democratically elected government. It also added that Özkan seized many documents that belong to security forces, directed a TV channel that broadcast programs designed by Ergenekon and kept a bomb in his own home.

The European court judges also said there are telephone transcripts of conversations between Özkan and military members of Ergenekon that strengthen the evidence against him and underlined that his arrest is legal. The Strasbourg-based court added that the arrest of Özkan by Turkish judicial authorities is based on “tangible evidence” and “legitimate reasons.”

Özkan, the former owner of the Kanaltürk TV station, was detained in İstanbul in late September 2008 as part of an investigation into Ergenekon. The court said Özkan’s arrest is not in violation of the European Convention on Human Rights (ECHR).

The European court also rejected Özkan’s allegation that he is not aware of what he has been charged with, claiming that İstanbul police informed him that he was under arrest for being a part of a coup plot and that he had been sufficiently informed of the accusations against him so as to be able to defend himself.

Note: This news seems unrelated with Hizmet Movement (aka Gulen movement) but it is. Some people and groups, especially ultra secular media, has tried to convince that Hizmet movement is behind the Ergenekon arrests, which are claimed to be unfair. The decision below by European Court of Human Rights proves that prosecutors have acted legally, stayed within legal boundaries and were not directed by any person or groups and arrests were based on “strong evidence”. 

Source: Today's Zaman , 10 February 2012


Related News

Turkey-Japan Media Forum kicks off in İstanbul

Many journalists from Turkish and Japanese media outlets will participate in the forum, during which the attendees will discuss the role of media in terms of multiculturalism and coexistence, the perception of Turkey in the Japanese media and the perception of Japan in the Turkish media, the relationship between media and democracy and new media tendencies in the digital era.

KADİP’s 1st international photography contest held for peace

The Intercultural Dialogue Platform (KADİP) of the Journalists and Writers Foundation (GYV) announced the winners of its very first international photography contest, “Peace in the frame,” at a gala on Tuesday night at the Ritz-Carlton Hotel in İstanbul.

PM made the wrong choice

Erdoğan put under the spotlight US Ambassador to Turkey Francis Ricciardone by stating: “Recently, very strangely, ambassadors have gotten involved in some provocative acts. I am calling on them from here to do your job. If you leave your area of duty, this could extend into our government’s area of jurisdiction. We do not have to keep you in our country.” These caustic sentences prove that the AK Party has decided to declare a war not only against the Hizmet movement but also to provoke tensions with the US. Since they have opted for a defensive attack strategy, this reaction does not surprise anyone.

A Genocide in the Making – Genocidal action stage by stage by the Turkish government against the Hizmet movement

Dr Ismail Sezgin, Director of Centre for Hizmet Studies is questioning if a genocide is in the making in Turkey, exploring the development of a genocidal action stage by stage by the Turkish government against the Hizmet movement.

Gülen’s lawyer: Views other than state ideology considered a crime in Turkey

Nurullah Albayrak, the lawyer of prominent Turkish Islamic scholar Fethullah Gülen, has criticized the blocking of herkul.org, a website that regularly broadcasts speeches by Gülen, saying views that are different from the state ideology are considered a crime in Turkey today.

Hizmet, Erdoğan and the US

Today, the government resorts to irrational conspiracy theories in an effort to divert public attention from allegations of corruption. As a social movement that successfully promotes Turkey’s values in its schools in about 150 countries around the world, the Hizmet movement’s patriotism cannot be doubted

Latest News

Fethullah Gulen – man of education, peace and dialogue – passes away

Fethullah Gülen’s Condolence Message for South African Human Rights Defender Archbishop Desmond Tutu

Hizmet Movement Declares Core Values with Unified Voice

Ankara systematically tortures supporters of Gülen movement, Kurds, Turkey Tribunal rapporteurs say

Erdogan possessed by Pharaoh, Herod, Hitler spirits?

Devious Use of International Organizations to Persecute Dissidents Abroad: The Erdogan Case

A “Controlled Coup”: Erdogan’s Contribution to the Autocrats’ Playbook

Why is Turkey’s Erdogan persecuting the Gulen movement?

Purge-victim man sent back to prison over Gulen links despite stage 4 cancer diagnosis

In Case You Missed It

Arbitrary intrusions and dangerous liaisons

Cancer patient arrested over Gülen links deteriorates to stage 4 in one month

Lawyer: Gülen will appeal court decision to cancel his green passport

Food and fun abound at Turkish Festival

Ex-soccer player’s resignation a turning point for the AKP

Erdoğan’s Baku visit will not close Hizmet schools

Why did Turkey seize Bank Asya?

Copyright 2025 Hizmet News