Category: 2023

Ogün Samast, the convicted murderer of Turkish-Armenian journalist Hrant Dink, was released on parole on Wednesday.

The 52-year-old Dink, editor-in-chief of the Turkish-Armenian bilingual Agos weekly, was shot dead with two bullets to the head outside the newspaper’s headquarters in central İstanbul on Jan. 19, 2007 by Samast, then a-17-year-old jobless high school dropout.

Samast was arrested the following day.

After serving 16 years, 10 months, Samast was released from Turkey’s western Bolu province’s F Type Prison.

In June Turkey’s Supreme Court of Appeals upheld certain acquittals while overturning other verdicts in the trial of 76 defendants, primarily public officials, in connection with Dink’s assassination.

The verdict handed down on March 26, 2021 by the İstanbul 14th High Criminal Court included 33 acquittals and 27 convictions.

Engin Dinç, former director of the Trabzon police intelligence unit; Reşat Altay, former Trabzon police chief; and Ahmet İlhan Güler, former director of the İstanbul intelligence unit, were acquitted of “negligent homicide.”

Ramazan Akyürek and Ali Fuat Yılmazer, two of the jailed defendants and former police chiefs, were given aggravated life sentences by the Turkish court for “premeditated murder,” while four defendants, including former gendarmerie members Muharrem Demirkale and Yavuz Karakaya, received life sentences.

Samast had confessed to the murder and was sentenced to almost 23 years in prison in 2011.

Ali Öz, a former gendarmerie commander of the Black Sea region of Trabzon, where the gunman came from, was sentenced to 28 years in prison on charges of “premeditated murder” and “forgery of official documents.”

The İstanbul 14th High Criminal Court in 2021 separated the files of 13 fugitive suspects, including Fethullah Gülen, on the grounds that their defense statements were not delivered, also ruling that Dink’s murder was committed “in line with the objectives of FETÖ” – a derogatory term used by the Turkish government to refer to the faith-based movement inspired by Gülen as a terrorist organization.

For years, prosecutors have looked into alleged links between the suspects and Gülen, who is accused of masterminding a failed coup against President Recep Tayyip Erdoğan in 2016, although he strongly denies the charges.

The Turkish government’s ongoing crackdown on the Gülen movement was launched following corruption investigations in late 2013 that implicated Erdoğan’s close circle and intensified in the aftermath of the failed coup on July 15, 2016.

Armenia has received its first batch of armored vehicles from France via Georgia. 

Azerbaijan is ratcheting up its rhetoric against France over Paris' growing military support to its archrival but so far has refrained from criticizing Georgia for facilitating the first delivery of French hardware.

On November 12, Azerbaijani Defense Ministry-aligned Caliber.az shared images purporting to show at least 20 Bastion armored personnel carriers arriving at the Poti Port, on Georgia's Black Sea coast. 

APM Terminals, which operates the Poti Port, meanwhile, confirmed on November 14 that a "specific cargo" was received from France and sent on to Armenia. "In the absence of clear instructions [to the contrary] from the Georgian government and any restrictions from international regulators, APM Terminals Poti, as a multipurpose port in Georgia and the region, had no right to reject without basis a cargo that is not under sanctions," the company told RFE/RL.

Georgian Foreign Minister Ilia Darchiashvili gave his own confirmation of the arms transit in an interview with Georgian Public TV on November 14. 

He referred to Armenia and Azerbaijan as both "brotherly and friendly" nations and said that both have the right to use Georgian territory for transit "on equal terms." 

"All countries have the right to have defense forces and all countries have the right to acquire conventional hardware and weapons permitted under international agreements. Georgia's position is that both countries should be allowed to use our country for transit."

Armenia's Defense Ministry, for its part, neither confirmed nor denied the transfer of the vehicles. 

Georgia's role in the arms transfer was noted in both Armenia and Azerbaijan, but not at the official level. 

"What is most important is that Georgia is not hindering the logistics, despite [Azerbaijani President Ilham] Aliyev's attempts to put pressure on Tbilisi," Leonid Nersisyan, Armenian military analyst, wrote on X. 

An editorial on Minval.az, a pro-Azerbaijani government analysis website, called the transfer a "stab in the back" by Georgia against its strategic partner Azerbaijan. The commentary said that Azerbaijani energy supplies, as well as pipelines carrying Azerbaijani oil and gas through Georgia, were crucial to Georgia's security and economic well-being, and lamented that now, the leadership in Tbilisi has "chosen to curry favor with France at the expense of Azerbaijan's interests."

Azerbaijan's Foreign Ministry, meanwhile, condemned France over the hardware transfer but made no mention of Georgia. 

"Against the backdrop of smearing campaigns and destructive actions by France against Azerbaijan in the region, these steps, which adds to the militarization policy of Armenia, attests to the fact of France's erroneous interests in the region," the English version of the statement read. "Armenia and France should end armament and militarization policy in the region, and finally understand that there is no alternative to peace and stability in the region."

The Armenian and French defense ministers signed deals on October 23 under which Armenia will purchase radar systems and other equipment, including anti-aircraft systems, from French manufacturers, and France will help train and reform the Armenian armed forces. 

"France and the French people are by our side, a fact that deserves our highest appreciation," Armenian Defense Minister Suren Papikyan said at the signing of the deal.

The delivery of French APCs was not mentioned in initial official statements about that deal.

Azerbaijan has long been critical of France over its pro-Armenian stance in the Karabakh conflict, especially during the peace process that followed the 2020 war between Armenia and Azerbaijan. Now that Azerbaijan largely resolved the Karabakh conflict in its own favor, it still opposes France's involvement in the Armenia-Azerbaijan peace negotiations as a mediator. 

In early October, President Aliyev refused to attend a meeting in Spain where he was scheduled to meet the Armenian Prime Minister, citing the exclusion of Turkey, Azerbaijan's closest ally, from the would-be multilateral talks, and the inclusion of France. 

Azerbaijan has recently begun using its chairmanship of the Non-Aligned Movement (NAM) to position itself as a global leader in the fight against what it calls French "neocolonialism."

Baku recently hosted a neocolonialism conference that featured invitees from independence movements in New Caledonia, Corsica, French Polynesia and French Guiana. 

Hikmat Hajiyev, Aliyev's senior foreign policy advisor, told the conference that Azerbaijan will help French overseas territories to continue with their "struggle, and political freedom ambitions."

"We will raise the opinions expressed here at the level of the UN and other international organizations. Our country was deprived of independence for many years. As a state, we know what occupation is," he said. 

The region had been occupied by Armenian forces since 1991, during which it styled itself as a de facto independent state, the Republic of Artsakh,

Mr Hajiyev said, “Armenia’s illegal regime has now been disarmed and taken out from the territory of Azerbaijan. 

“This means that there are now no obstacles for a peace treaty between Armenia and Azerbaijan. 

“We think that this is a historical opportunity to turn the chapter of animosity and hostility between two countries and to build sustainable peace based on the five fundamental principles that Azerbaijan suggested to Armenian side. 

“Then I think that Azerbaijan has also established model of resolution of one of the most prolonged conflicts on the wider map of Eurasia.” 

He continued “The OSCE has failed to resolve the conflict, although the Karabakh conflict has been one of the issues facing the OSCE since the very establishment of this institution.

“The Minsk Group has failed: the Minsk Group Co-Chairmanship Institute has failed because the mission of that institution was to maintain and continue the occupation of Armenia against Azerbaijan. 

“This chapter of the military occupation and injustice is now over.  Therefore, Azerbaijan’s agenda is now about peace and to normalise bilateral relations between Armenia and Azerbaijan. 

“But any peace engagement requires two sides to play their role, and Armenia should also perform her role and demonstrate positivity and good will. We have already submitted to the Armenian side fifth revised version of the peace treaty, but it takes more than two months since they have not responded yet. 

“Now new realities have emerged in our region. These new realities are based on legality and legitimacy.”

He went on to discuss Azerbaijan’s intentions in its future relationship with Armenia. “We would like to build new regional security architecture in the region, based on the principles of justice, recognising one another’s territorial integrity and sovereignty, and ceasing all territorial claims on one another. 

“Also, we support bilateral engagement between Armenia and Azerbaijan. I think that we should come to the conclusion of peace. And then I think that other partners can also support that agreement.” 

He emphasised, “First of all, peace lies and regional security lies not in Brussels, not in Paris, not in Washington, or Moscow or somewhere else. Peace lies in the region itself.”

Concerning the attitudes of the EU institutions towards Azerbaijan during the years of the so-called frozen conflict he referred to feelings of Azerbaijanophobia or Islamophobia, particularly in certain quarters of the European Parliament.

“That’s also not that helpful for the EU’s ambitions or interests in the regional resources,” Mr  Hajiyev said. “And also we have taken note of a recent unnecessary statement of the European Council putting unnecessary criticism against Azerbaijan… European institutions as such never were just with regard to Azerbaijan when Azerbaijan’s territories were under occupation.

“My question is, why? And for so many years, there was one attitude for separatist entities in Georgia, in Moldova, and in Ukraine, but there was some other attitude towards Azerbaijan.”

He then pointed out that “some EU member countries, like France, have started a militarisation program in Armenia. 

“First, we don’t think that any militarisation program is helpful. 

“Armenia doesn’t need a militarisation program. Armenia needs a peaceful program to prepare Armenian peace for its neighbouring countries. So I think that such militarisation programs are detrimental.” 

He referred to the fact that missile-capable military armed personnel carriers are being supplied by France to Armenia. 

It has also been reported that Armenia is to purchase “Mistral” short-range surface-to-air missiles and three radar systems from France.

“We have always advised the member states, such as France, first, don’t support separatism in Azerbaijan’s territories. Second, don’t send unnecessary messages of supporting revanchism in Armenia, and also stop presenting geopolitical unnecessary games in our region. Unfortunately, these are the facts.”

He then stated however, “We think that this is a historical opportunity and a historical momentum, and that appropriate European institutions should also be part of the solution, not the problem, to advance a peaceful agenda in the region of the social crisis.”

This is an excerpt from Turkey Briefing, Al-Monitor's weekly newsletter covering the big stories of the week in Turkey. To get Turkey Briefing in your inbox, sign up here.

The assassin of prominent Armenian news editor Hrant Dink was freed late Wednesday for “good conduct” in what critics charge is a further example of the politicization of Turkey’s judiciary under the country’s authoritarian president.

Ogun Samast was released on parole under the terms of an amnesty law passed in July (one that excludes terrorism cases) after spending 16 years and 10 months for the 2007 murder of Dink outside the office of his newspaper, Agos, in Istanbul.

Ozgur Ozel, the newly elected leader of the main opposition Republican People’s Party, blasted the move, saying Samast was “supposed to stay for life.” “We have no words. Any who talks about justice after this is truly heartless,” Ozel noted on X.

“This night is a very bad night. The worst night in recent years,” lamented Alin Ozinian, an Armenian-Turkish journalist. Dink had told Ozinian in an interview, the last prior to his death, “The deep state has put a target on me.”

Samast, who was 17 years old at the time of the murder, was widely believed to be acting in concert with rogue ultranationalists and their allies in the security forces. They viewed Dink as a threat because of his efforts to draw attention to the genocide of more than one million Armenians by the Ottomans in 1915, a taboo topic.

His murder struck a chord and more than 100,000 people, many of whom had not previously heard of Dink, marched at his funeral bearing placards that read “We are all Armenians.”

In truth, Samast was expected to be released earlier — in 2020 — and serve his remaining 1.5 years on parole. However, his discharge was postponed after he was given a separate five-year long sentence for striking a prison warden. The actual miscarriage of justice, legal experts say, stems from the fact that Samast was not prosecuted for Dink’s murder as part of an organized terror network and was sentenced instead for voluntary manslaughter and illegal possession of a weapon.

Erdal Dogan, one of several lawyers who represented the Dink family in the case, commented on the matter to Al-Monitor. “The Turkish justice system that penalizes even the slightest criticism of the government as ‘membership of a terrorist organization’ or ‘terrorist propaganda’ chose to treat the political murder of Hrant Dink that was planned by tens of people, including those serving in state institutions, as an ordinary crime,” he said.

Turkey’s justice system has been repeatedly condemned by international legal bodies, notably the European Court of Human Rights, whose rulings Ankara has considered binding since 1990. Yet in recent years Turkey has repeatedly flouted them, most notably with respect to the court’s demands that Turkish philanthropist Osman Kavala and Kurdish politician Selahattin Demirtas be immediately freed.

Kavala, a dogged proponent of Turkish-Armenian reconciliation, has been in jail since 2017, serving the most severe type of life sentence under Turkish law, on flimsily evidenced charges that he sought to overthrow the government of President Recep Tayyip Erdogan as an alleged instigator of the mass Gezi protests that shook Turkey in 2013. 

Demirtas has been convicted on a raft of similarly specious terror charges, with prosecutors demanding life in a case linked to the Kobani riots that erupted in 2014 in the mainly Kurdish city of Diyarbakir over the government’s perceived support for the Islamic State.

In a further twist, Turkey’s Court of Cassation filed a criminal complaint against the Constitutional Court, the highest court in the land, for having ruled in favor of freeing Can Atalay, a human rights activist jailed in the Gezi case, after he was elected to parliament from a left-wing opposition party in the May elections. Under Turkish law, members of parliament are immune to prosecution and Atalay’s continued detention is deemed unlawful under Article 14 of the Turkish constitution.

Erdogan waded into the debate, calling the Constitutional Court’s ruling “a mistake."

In a September interview with PBS’ “Newshour,” Erdogan called Kavala the “financier” of the Gezi protests and Demirtas “a terrorist who caused the death of more than 200 people.” He said that the original ruling was rightfully upheld. When anchor Amna Nawaz reminded him that the European Court of Human Rights disagreed with his assessment, Erdogan erupted. “You're not going to interrupt me. And respect me. And you are going to respect the judgment of the judiciary as well?” Erdogan fumed. Kavala and Demirtas deny all the charges.

'Dark corridors'

Coming only days before a conference on minority rights in Turkey to be hosted by the Hrant Dink Foundation on Nov. 17, Samast’s release has touched a raw nerve among Armenians worldwide.

Khatchig Mouradian is a professor at Columbia University in New York who was written extensively on the Armenian genocide. He told Al-Monitor, “Sunlight, they say, is the best disinfectant. When Ogun Samast walks free and Osman Kavala remains in prison in two cases that have for years been under global spotlight, one can’t even begin to imagine what happens in the darker corridors of Turkey’s justice system.”

Mouradian contended that Samast’s release is further proof of Ankara’s cavalier approach to purported normalization with neighboring Armenia, with which it has yet to establish diplomatic relations or open its land borders.

In 2020, Turkey played a pivotal role in helping Azerbaijan wrest back territories occupied by Armenia in a previous war and sat on its hands in September as Azerbaijan effectively expelled in less than two weeks nearly the entire Armenian population — more than 100,000 people — of the Nagorno-Karabakh enclave, which was until then majority Armenian but formally part of Azerbaijan.

“Over the past three years, Ankara has not displayed a shred of concern for how its words and deeds may impact normalization. Why should it care now? It believes Yerevan has no choice but to stay the course,” Mouradian said.

The case of Gultan Kisanak, the former co-mayor of Diyarbakir who was ousted by the government and jailed in 2016 for her alleged role in the Kobani riots, among other supposed crimes, is one such travesty. She remains behind bars even though under Turkey’s penal code defendants who have not been convicted can only be held for a maximum of seven years. “This is, in essence, an automatic violation of my right to a fair trial. You are aware of this,” she told the presiding judge in a Nov. 12 hearing.  

Borrow books or else

Such violations abound but are rarely noticed as most victims are not in the public eye. Take Mustafa Okcul, who was jailed and sentenced to death in 1993 for membership in the outlawed Kurdistan Workers Party (PKK) at the height of the rebels’ insurgency. His sentence was commuted to life imprisonment in 1999 when Turkey scrapped the death penalty in line with its now moribund efforts to join the European Union. Okcul was due to be freed on good conduct six months ago. However, prosecutors deemed that he had not “borrowed enough books from the prison library” and was therefore not fit to “integrate with society.”

Bunyamin Seker, president of the Free Lawyers’ Association, an advocacy group based in Diyarbakir, is dealing with Okcul’s case along with a host of similar ones. He said that the prison set a cap on the number of books inmates are allowed to borrow and that Okcul’s family would send him books on a regular basis. “The claims are laughable,” Seker noted. “Mustafa had fulfilled all the criteria for good conduct. He had not engaged in any violence when he was arrested.”

From his private meetings with Turkish officials, Seker said he had concluded that “the real reason” Okcul was not being freed was because he refused to denounce the PKK and express contrition. Another of his clients, a university student who was jailed for six years for taking part in an anti-government demonstration, saw her release put off by a year. Authorities cited Emine Erol’s refusal to meet with a prison psychiatrist for the delay. She was finally released two weeks ago.

“The system is riddled with double standards,” Seker told Al-Monitor. “Some are more equal than others before the law.”

Ogün Samast, the convicted murderer of Hrant Dink, a renowned Armenian journalist and editor-in-chief of the newspaper Agos, was released on Wednesday, sparking a wave of condemnation and intense debate within the Turkish political sphere.

Samast assassinated Dink in a gun attack in front of the Agos office in Şişli, Istanbul, on 19 January 2007, and was released from Bolu F Type Prison under conditional release terms. A minor at the time of the crime, Samast served 16 years and 10 months, sentenced with “premeditated murder” and “possession of an unlicensed firearm”.

The Hrant Dink support group, known as ‘Hrant’ın Arkadaşları’, condemned the release, saying, “While the Hrant Dink murder remains unsolved, many of our friends, human rights defenders, journalists, and politicians are unjustly and unlawfully held in prisons, the murderer of Hrant Dink, Ogün Samast, has been released… There is no justice! No conscience! No integrity!”

Samast’s was reportedly released due to ‘good behaviour’. This decision has been met with strong criticism from various political leaders, who question the justification of releasing someone convicted of such a heinous crime.

Main opposition Republican People’s Party (CHP) Chairman Özgür Özel expressed disbelief and dismay at the release, highlighting the premeditated nature of the murder and its significant impact on the Armenian community in Turkey. He criticised the notion of ‘good behaviour’ in the context of such a brutal act.

Further political reactions include Parliament Deputy Speaker Sırrı Süreyya Önder of the pro-Kurdish Peoples’ Equality and Democracy Party (HEDEP), who paid respects to Dink’s memory, and Gökhan Günaydın, Deputy Group Chairman of the CHP, who emphasised Dink’s role in bridging the Armenian-Turkish divide. Günaydın also raised concerns about the justice system, questioning the rationale behind Samast’s release while many prisoners of conscience remain incarcerated.

HEDEP Group Deputy Chairwoman Meral Danış Beştaş described the release as a “grave news”, contrasting it with the ongoing imprisonment of democrats and freedom of _expression_ advocates. Felicity Party Deputy Group Chairman İsa Mesih Şahin echoed these sentiments, criticising the paradox of releasing a convicted murderer while non-violent offenders remain jailed.

The release of Samast has reopened discussions on judicial reform and the influence of politics in legal proceedings, highlighting concerns over the treatment of criminals versus political prisoners in Turkey.

Hrant Dink’s assassination and subsequent legal proceedings

Dink was assassinated on 19 January 2007 by 17-year old Ogün Samast. Samast was arrested in Samsun the following day and incarcerated.

The court filed a criminal complaint against Samast and others for membership of the Fethullah Gülen Organisation (FETÖ), the group accused of plotting the 15 July 2016 coup attempt, linking the murder to their objectives.

Several individuals, including journalist Ercan Gün and former soldier Muharrem Demirkale, received varying prison sentences for related crimes. Cases against some former police chiefs were dismissed due to the statute of limitations.

The case involved 130 hearings, with the prosecution presenting its final opinion in December 2020. The prosecutor requested various outcomes for the defendants, including acquittals and punishments. Some defendants were arrested for prior knowledge of the murder, and others denied connections with FETÖ.

Following Dink’s assassination, the suspect was quickly identified from security footage. Controversy arose when images of Samast with police officers were broadcast, raising questions about official involvement in the murder.

At the funeral, Hrant Dink’s wife, Rakel Dink, said, “No matter their age, 17 or 27, no matter who the murderer is, I know they were once babies. Nothing can be done, my brothers, without questioning the darkness that turns a baby into a murderer.”

Hrant Dink’s family’s statement on court judgement

Dink’s family expressed strong dissatisfaction with the court’s judgment on his murder, stating it was “far from the truth”. They highlighted that the judgment failed to address the deeper state mechanisms and the broader context of events leading to Dink’s assassination.

Before his assassination, Dink had spoken about being targeted by deep state operations, as recalled by his family. He had written about being chosen as a target and mentioned this in his last speeches, indicating a systematic campaign against him.

The family criticised the investigation for neglecting key aspects and individuals mentioned by Dink, and for evidence spoliation and misdirection. They argued that the trial did not adequately address these issues, leading to a judgment that appears to punish the exposure of a crime rather than the crime itself.

The family pointed out the alleged connection between Dink’s murder and the FETÖ organisation, responsible for the 15 July 2016 coup attempt. They lamented that a timely and effective investigation into Dink’s murder could have potentially prevented the loss of many lives in subsequent years.

Questioning the integrity of the judiciary, the family suggested that the current environment is conducive to injustice and similar to the climate when Dink was targeted. They expressed concern about ongoing racism and the potential for future crimes if the deep state mechanism is not thoroughly investigated and dismantled.

Dink’s family continue to emphasise an urgent need for transparency, democracy and legal reform. They advocate for societal confrontation with the crime, the criminals’ confrontation with their actions, and institutional accountability.

https://medyanews.net/outcry-in-turkey-over-released-convicted-murderer-of-armenian-journalist-hrant-dink/