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

‘We won’t stop the witch-hunt’ AKP parliamentary group deputy chair says

Speaking to reporters in Parliament on Saturday, AKP deputy Bulent Turan was responding to criticism from opposition parties accusing the AKP government of enforcing decrees during the ongoing state of emergency merely to silence dissident voices. “We won’t stop hunting [dissidents] merely because of criticism that there is witch-hunt [against dissidents],” Turan said.

Turkish headmaster accused of Isis links met Malaysian PM, not fit profile of an Isis operative

Karaman, who was the principle of a prestigious international school that promotes critical thinking as well as holding his post with the Malaysian-Turkish Dialogue Society, does not fit the stereotypical profile of an Isis operative.

Dr. Reuven Firestone Interviewed by Muslim Turkish Movement “Hizmet”

Rabbi Reuven Firestone, Ph.D., Professor of Medieval Judaism and Islam at the Jack H. Skirball Campus of HUC-JIR in Los Angeles, was interviewed by a Muslim Turkish Movement called Hizmet, which means “service.” Hizmet is active in interfaith dialogue in Turkey and many other countries, and has built private and charter schools in many countries, […]

Award ceremony cancellation on Parliament’s agenda

EMRULLAH BAYRAK / ANKARA Main opposition Republican People’s Party (CHP) Deputy Chairman Sezgin Tanrıkulu spoke in Parliament on Wednesday about the cancellation of the award ceremony of a short film contest after the competition was won by Seleme Gülen, a relative of Turkish Islamic scholar Fethullah Gülen. Bringing the issue to the floor of Parliament, […]

Taraf daily to sue PM Erdoğan over treason accusations

Daily Taraf has announced that it will file a criminal complaint against Prime Minister Recep Tayyip Erdoğan on charges of attempting to influence due process after the Turkish leader called on the “judiciary to do its duty” against the newspaper for exposing a plan to eliminate the Gülen movement.

TUSKON says 2 businessmen threatened members with ‘blacklisting’

Two Turkish businessmen from the Central Anatolian city of Konya have threatened a business confederation by telling it to “cut ties” with Turkey’s largest volunteer-based grassroots movement, the Hizmet movement, or be placed on a government blacklist of entrepreneurs affiliated with the movement, the head of the business confederation has said.

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

Tunisia was able to make constitution because of concessions of all parties

Misrepresentation of Fethullah Gülen in English-language media

Gülen’s lawyers slam Erdoğan’s ‘slanderous’ unsolved murders remarks

Ex-minister denies claims over helping ‘parallel structure’ while in office

On front lines of fight for press freedom in Turkey

8-year-old cancer patient denied passport due to father’s alleged links to Turkey’s Gülen group

Afghan minister: Afghanistan will continue to support Turkish schools

Copyright 2025 Hizmet News