UPDATE: 29. November 2008

Military Court Delivers Bad Jokes:
Notes On the Second Session of Mehmet Bal's Torture Trial on November 25th 2008

Earlier this year, on the night of June 8, 2008 conscientious objector Mehmet Bal was taken under custody near his apartment in Arnavutkoy, Istanbul. Mehmet was taken to the Besiktas Military Police station that night where he was subject to severe maltreatment including the violation of his right to use bathroom facilities, getting punched and insulted and being forced to wake up with hot water. The next day, June 9th, he was taken to the 3rd Army Corps Hasdal Military Court and arrested for failing to attend some ongoing trials at the Adana Military Prison. After being taken to the Hasdal Military prison in order to wait for his transfer to Adana, Mehmet was heavily beaten by three inmates with a 45 centimeters long wooden rod under running cold water. The inmates were acting under the direct orders of the interior security officer of the military prison. With the intervention of his lawyers, Mehmet had filed a lawsuit against those responsible both for the maltreatment at Besiktas Military Police Station and the torture at Hasdal Military Prison.

In August 2008 Mehmet received a decision of “No Grounds for Prosecution” prepared by the military prosecutor Ertan Aydil. This document pushed the events at Besiktas Military Police station entirely out of the range of prosecution and also pronounced that there was no ground for prosecuting the ranked officers at Hasdal Military prison for ordering Mehmet's torture. However, the office of forensic medicine had documented the torture, especially the fact that Mehmet had been beaten with a blunt object. Thus even though the high rank officers were protected, the military prosecutor felt obliged to open a case on the charges of “wounding on purpose” against the three inmates who did the actual beating. But even then the military prosecutor asked for a reduction in their sentence on the allegation that they had committed the crime “under provocation.” Moreover, the same military prosecutor also applied to the Eyüp Attorney General in order to sue Mehmet from article 301 as some of the witnesses and the accused alleged in their statements that Mehmet “insulted the Turkish Military Forces and the state.” We have not yet heard back from the Ministry of Justice about this ridiculous allegation. But we are hoping that this attempt to turn the victim into a suspect will remain as a bad joke.

But there seems to be no end to the jokes in this whole court process. For instance, Mehmet Bal and his lawyers were unable to attend the first session of this torture trial that was held on October 21st because in what seems to be purposeful orchestration, the court invitation was sent to his lawyer Suna Coşkun only a few days before the trial, although the trial date was set almost a month prior to that. The invitation reached Suna Coşkun the night before the trial, making it impossible for Coşkun who resides in Ankara to attend the trial in Istanbul the next morning. So the statements of all three of the accused and most of the witnesses were taken in the first session of the trial in Hasdal without being confronted or cross-examined by the complainant and the lawyers of the complainant. Furthermore, many witnesses gave their statements out of the courtroom between court sessions. And the worst was that the court excused the accused from attending any more court sessions after the first one.

Mehmet attended the second session of the trial that was held on November 25th along with the lawyers Suna Coşkun, Ahmet Tamer (from the Human Rights Association (IHD)) and Murat Özdemir (from the Comission for the Prevention of Torture within the Human Rights Foundation of Turkey (THIV)). There were also four of us present as observers of the trial and supporters of Mehmet. The surprised look on the military judge's face when he saw Mehmet, his lawyers and the observers, as well as the fact that three accused who were previously excused from attending were present suggested that they were intending to conclude the trial in this session in the absence of Mehmet. Another bad joke was that it was the very same military prosecutor who penned both the allegation against the torturers in Hasdal, as well as the “No Grounds for Prosecution” decision and the complaint against Mehmet from article 301, was present at the session on the 25th as the prosecutor of the complainant! This prosecutor who prepared every single file of this case, who alternately works for and against Mehmet, did not speak throughout the entire session except to raise his objection against the demands of the lawyers to re-summon the witnesses heard in the previous session.

Other than the three accused, there were three previously unheard witnesses at the session. One of the witnesses was a soldier who was detained in the same ward at the time of torture. Another “witness” was the interior security officer who gave the actual order for torture himself and should have been sitting in the seat of the accused but was absolved thanks to that decision of “No Grounds for Prosecution” mentioned earlier. Another witness was a sergeant. The witnesses and the accused generally repeated the statements they had made at the first session of the trial. Only the sergeant significantly changed his story from the earlier obviously fabricated account to a more truthful one.

Despite all odds the four hour long session was a success on many grounds. The lawyers worked in coordination as they demonstrated the discrepancies between the earlier statements of the accused and the witnesses as well as the contradicting statements from different witnesses that annulled one another. The lawyers demanded that the matter of the late court invitation be investigated; that the witnesses who were heard at the first session be summoned again; to be informed about the witnesses who were discharged from the military and be present at their hearings at local courts. In addition to the evaluation of these demands, there are also unheard witnesses from the complainant's side and some documents that are still to arrive. Thus the trial was adjourned to December 30th, 2008.

The minutes of the court session of November 25th is a filtered and coded document prepared under the absolute control of the military judge in charge. The judge was manipulating, steering and protecting both the witnesses and the accused throughout the session. Further, he was remolding these manipulated statements before they were ever typed by the court reporters who could write down only what he dictated to them. For instance one of the accused said something to the effect of “If I had really hit him, he would have died or become crippled. Look, let me hit him once here. If he does not fall to the floor at the first strike, I'll accept all the accusations.” These threatening words were softened by the judge into the following: “There is a difference of stature between us. If this was true, he should have been crippled.” Because the monitors in front of the judge and the court secretary could not be seen by the lawyers, they could not object to the contents of the court minutes right there and then but they will officially file objections in retrospect both against the contents of the minutes, the physical make-up of the court room that prevents them from seeing the monitors, as well as the fact that the same prosecutor seems to prosecute everything.

in Turkish

20. August 2008

We just received bad news about the case Mehmet Bal had against his torturers. The military prosecutor decided there was no need for trial in the case of officers and soldiers neither for the mistreatment at Besiktas military police station nor for the outright torture at Hasdal military prison.

They did press charges against the three soldier-inmates in Hasdal military prison for "wounding" but they ask for reduction in their sentences because they were purportedly "provoked."

On a ridiculously ironic note, because the inmates argued in their statement that Mehmet "insulted the Turkish armed forces", the crafty military prosecutor filed a 301 case against Mehmet. Because of the new amendment in the law, now 301 cases require authorization from the Ministry of "Justice." If the MoJ gives their OK, then we're looking at a new 301 case.

Here's a short news story about this new developlent in English from bianet:

The Military Prosecutor sees no need to file a lawsuit for the bad treatment and torture conscientious objector Bal had to endure. Instead, Bal may be sued under article 301 for insulting the Turkish Armed Forces.

Bia news center - Istanbul

Merspeaksout's Weblog

UPDATE 4. April 2008: Ismail Saygi withdrew his conscientious objection
after beeing mistreated.

July 2007: Conscientious Objector (CO)
Osman Murat Ülke, currently again under immanent threat of 17 months imprisonment for refusing military service. Please support Mr. Ülke and other COs with signing this online petition and letters to the representatives in charge. (further infos: first blog entry below)

Sunday, August 24, 2008

The Shministim Letter 2008

to Israeli Primer Minister Olmert Barak

We, high-school graduate teens, declare that we shall work against the Israeli occupation and oppression policy in the occupied territories and the territories of Israel. Therefore we will refuse to take part of these actions, which are being done under our name as part of the IDF.
Our refusal comes first and foremost as a protest on the separation, control, oppression and killing policy held by the state of Israel in the occupied territories, as we understand that this oppression, killing and routing of hatred will never lead us to peace, and they are all contradictory to the basic values a society that pretends to be democratic should have.

All the members of this group believe in developing the value of social work. We are not refusing to serve the society we live in, but are protesting against the occupation and the ways of actions which the militaristic system holds as it is today- crushing civil rights, discriminating on a racial base and acting opposing international laws.

We oppose the actions taken in the name of the “defense” of the Israeli society (Checkpoints, targeted killing, apartheid roads-available for Jews only, curfews etc.) that serve the occupation and exploitation policy , annex more conquered territories to the State of Israel and tramples the rights of the Palestinian population in an aggressive manner. These actions serve as a band-aid covering a bleeding wound, and as a limited and temporary solution that will accelerate and aggravate the conflict further.

We expostulate the plundering and the theft of territories and source of income to the Palestinians in exchange to the expansion of the settlements, reasoning to defend Israeli territories. In addition, we oppose any transformation of Palestinian cities and villages to ghettos without minimal living conditions or income sources enclosed by the separation wall.

We also protest the humiliating and disrespectful behavior of the military forces towards Palestinians in the West Bank; violence towards demonstrators, public humiliations, arrests, destruction of property regardless to any safety or defense needs, all of which violate global human rights and international law.

The wall and blockades surround the Palestinian Territories and serve as a halter around the Palestinian’s neck. The soldiers who commit crimes under the patronage and protection of their commanders reflect the image of the Israeli society; a destructive and surprising society that is incapable of accepting its neighboring nation as a partner and not as an enemy.

In order to hold an effective dialogue between the two societies, we, the well-established and stronger society, have the responsibility of establishing and strengthening the other. Only with a more socially and financially established partner could we work towards peace rather than one-sided retaliation acts. Rather than supporting those citizens who have hope for peace, the military cast sanctions and pushes more and more people towards acts of extreme violence and escalation.

We hereby challenge every citizen who wonders if the military's policy in the occupied territories is conducive to the progression of the peace process, to discover by himself/ herself the truth and to lift the veil which distorts the reality of the situation; to verify statistical data; to look for the humane side in him/her and in the society which stands in front of him/her, to disprove the myths that were routed within us regarding the necessity of the IDF's in the Palestinian Occupied Territories, and to stand up against every action which he finds irrational and illegal.

In a place were there are humans, there is someone to talk to. Therefore, we ask to create a dialogue that goes beyond the power struggle, the retaliation and one-sided attrition actions; to disprove the "No Partner" myth, which is leading to a lose-lose situation of an ongoing frustration, and to move to more humane methods.

We cannot hurt in the name of defense or imprison in the name of freedom; therefore we cannot be moral and serve the occupation.

Members of the Shministim Letter 2008.

אנו, בנות ובני נוער בוגרי תיכון, מצהירות ומצהירים שנפעל כנגד מדיניות הכיבוש והדיכוי של ממשלת ישראל בשטחים הכבושים ובשטחי מדינת ישראל ועל כן נסרב לקחת חלק בפעילויות אלו, שנעשות בשמינו כחלק מצה"ל.
סירובנו לשרת בצה"ל בא בראש ובראשונה כמחאה על מדיניות ההפרדה, השליטה, הדיכוי וההרג של מדינת ישראל בשטחים הכבושים, מתוך הבנה שדיכוי, הרג וזריעת שנאה, לא יוכלו להביא לשלום לעולם, ונוגדים את הערכים הבסיסיים של חברה המתיימרת להיות דמוקרטית.

כל חברי הקבוצה עוסקים ומאמינים בחשיבותה של עבודה חברתית. איננו מסרבים לשרת את החברה בה אנו חיים, אלא מוחים על מדיניות הכיבוש ודרכי הפעולה של המערכת הצבאית כפי שהיא היום – רומסת זכויות, מפלה על רקע גזעי ופועלת בניגוד לחוקים בינלאומיים.

אנו מתנגדים לדרכי ה"הגנה" על החברה הישראלית (המחסומים, החיסולים ה"ממוקדים", כבישי האפרטהייד ליהודים בלבד, הסגרים וכד') אשר משרתות את מדיניות האחיזה, מספחות עוד שטחים כבושים למדינת ישראל ורומסות את זכויותיה של האוכלוסייה הפלסטינית בצורה אגרסיבית. פעולות אלה הן כפלסטר על פצע מדמם והן מספקות פתרון זמני נקודתי שלאורך זמן מביא להחרפת הסכסוך.

אנו מוחים על גזלת ובזיזת שטחי מחיה ופרנסה של פלסטינים בתמורה להרחבת ההתנחלויות בטענה של הגנה על שטחי ישראל. בנוסף אנו מתנגדים להפיכת הכפרים והערים הפלסטיניות לגטאות סגורים על ידי קיר ההפרדה והמחסומים, בהם אין תנאי מחיה ופרנסה בסיסיים.

אנו מוחים גם כן על יחס משפיל ומבזה, בו נוקט הצבא כלפי תושבים פלסטינים בשטחי הגדה. יחס שמתבטא באלימות חריפה נגד מפגינים, השפלות, מעצרים, השחתת רכוש פרטי וכד' שלא לצורך וכנגד החוק הבינלאומי.

הגדר והמחסומים מכתרים את השטחים ולוחצים כמו חבל תלייה סביב צוואר הפלסטינים, והחיילים המבצעים פשעים בחסות מפקדיהם מצטיירים כפניה של החברה הישראלית. חברה דורסנית ומדכאת אשר לא מצליחה לראות בעם האחר היושב לצידה שותף ולא אויב.

על מנת לקיים דו שיח אמיתי בין שתי החברות מוטלת עלינו, החברה המבוססת יותר, חובת חיזוקו של הצד השני. רק מול חברה יציבה יותר חברתית וכלכלית, נוכל לקיים דיון מושכל ולא פעולות חד צדדיות. במקום לרפות את ידי האזרחים אשר עדיין יש בלבם תקווה לשלום, הצבא מטיל סנקציות נוראיות וגורר עוד ועוד אנשים לכיוון הקיצוניות האלימה והאטומה.

אנו קוראים לכל אזרח אשר תוהה אם מדיניות הצבא בשטחים הכבושים מקדמת את תהליך השלום, לבדוק בעצמו את הנתונים בשטח, לחפש את הצד האנושי בו ובחברה העומדת מולו, לפרוץ את המיתוסים שהושרשו בנו בנוגע לנחיצות ישיבתו של צה"ל בשטחים ולצאת נגד כל פעולה שהוא מוצא בלתי הגיונית ובלתי חוקית.

במקום בו יש בני אדם, יש עם מי לדבר, ועל כן, אנו מבקשים ליצר שיח המתעלה על מאבקי כוחות, פעולות תגמול והתשה חד צדדיות, לשבור את מיתוס ה"אין פרטנר" המוביל למבוי סתום של תסכול מתמשך ולפנות לדרכים הומניות יותר.

לא ניתן לפגוע בשם ההגנה או לכלוא בשם החופש, ועל-כן גם לא ניתן להיות מוסריים ולשרת את הכיבוש.

על החתום
חברי קבוצת מכתב השמיניסטים 2008

an arabic version will be published soon

1 comment:

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