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

The impact of corruption on elections

Yet, looking at the data in several recent surveys, including the AKP’s internal polling, the public does not seem to be buying the conspiracy theories any more, against the background of overwhelming evidence indicating massive wrongdoing in the government. The rushed decision by Erdoğan to reassign thousands of police officers and hundreds of prosecutors and judges as well as introducing controversial bills to reign in the judiciary have all reinforced the perception that Erdoğan and his people are deeply involved in corruption.

Gulen-linked body condemns attempted Turkey coup

For more than 40 years, Fethullah Gulen and Hizmet participants have advocated for, and demonstrated their commitment to, peace and democracy. We have consistently denounced military interventions in domestic politics. These are core values of Hizmet participants. We condemn any military intervention in domestic politics of Turkey.

Zaman Media Group receives 5 awards from WAN-IFRA

The Zaman and Today’s Zaman dailies, as well as three Zaman supplements, have received perfection awards from the World Association of Newspapers and News Publishers (WAN-IFRA), which were announced at the World Publishing Expo 2014 in Amsterdam. During the exposition, the results of the International Newspaper Color Quality Club (INCQC) — which is the only worldwide quality printing competition among newspapers, held biennially — were announced.

Gülen warns against adventurism, using force against Kurds

Turkish Islamic scholar Fethullah Gülen has warned against adventurism as well as using force to respond to demonstrations that have turned violent since reports that the terrorist Islamic State in Iraq and the Levant (ISIL) has captured the strategic city of Kobani (or Ayn-al Arab) over the weekend.

Unlawful acts revealed in police raids on Gülen-inspired schools

Another illegal practice was revealed on Wednesday regarding police raids on schools inspired by the faith-based Gülen movement, popularly known as the Hizmet movement, on Sept. 21, as officers refused to give a copy of the police report of seized items to school authorities despite demands by the institution’s lawyers.

US under Trump still highly unlikely to extradite Gülen

National War College professor Taşpınar says extradition remains unlikely because Ankara has presented no concrete evidence directly implicating him in the coup attempt. “I think what [Washington] should do is to basically tell the Turks they need a smoking gun. They need much clearer evidence, which is not there yet,” he says

Latest News

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

University refuses admission to woman jailed over Gülen links

In Case You Missed It

Civil Rights, the Hizmet Movement, and the Liberative Power of Education

Zephyrs from the Presence, the latest book by Ahmet Kurucan…

Turkish dinner in Erie brings together flavors, cultures

Medialog calls for law against hate speech and crime [in Turkey]

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

Gülen conference in London

Turkish, Russian businessmen convene at forum

Copyright 2024 Hizmet News