Outlawed DHKP-C members once again on trial in Belgium
Güncelleme Tarihi:
Anatolia News Agency
Oluşturulma Tarihi: Mayıs 26, 2009 00:00
BRUSSELS - Ongoing for almost 10 years, the trial of the outlawed DHKP-C terrorist organization members in Belgium starts once again. The case had drawn attention in Turkey and caused much frustration when a Belgium court discharged the DHKP-C members. The court sessions are expected to go on until Friday and a ruling is expected by this fall.
The Brussels Appeals Court on Monday began the retrial of members of the outlawed leftist group, the Revolutionary People’s Liberation Party/Front, or DHKP-C. The court listened to the defendants’ lawyers during its first session in January and had decided to allow more time for the attorneys to prepare their defense. Judge Antoon Boyens had adjudicated that sittings would start May 25 and would carry on continuously.
Belgium is once again the center of one of the most complicated legal cases in its history, according to the Belgian press and legal circles.
Defendant Fehriye Erdal, charged with killing Sabancı Holding Otomotive Group Chairman Özdemir Sabancı, Toyota-Sa General Manager Haluk Görgün, and Sabancı’s secretary Nilgün Hasefe on Jan. 9, 1996, was caught in Belgium with a counterfeit passport under the alias of Neşe Yıldırım. Belgium had turned down Turkey’s demand to have Erdal extradited on the grounds that Turkey still practiced capital punishment at that time. Erdal spent one year in jail before she was placed under house arrest, before she later escaped.
History of the DHKP-C trials
The "Belgium style" trying of escaped culprits such as Fehriye Erdal, DHKP-C late head Dursun Karataş, and other DHKP-C members Musa Asoğlu, Bahar Kimyongür, Zerrin Sarı, Kaya Saz and Şükriye Akar Özordulu caused a legal scandal.
Trying the defendants on Feb. 28, 2006, for the crimes they committed in Belgium, the Bruges Criminal Court sentenced Erdal to four years in prison, Karataş five and Asoğlu six years, with Saz, Kimyongür, Sarı and Akar receiving four years each. The Gent Appeals Court confirmed these sentences on Nov. 7, 2006. Asoğlu, Saz, Akar, and Kimyongür were still in prison at the time. However, Erdal, Karataş and Sarı, all of whom were under house arrest, had escaped two days prior to the court decision.
The court adjudicated to strip the culprits of their public rights for 10 years. Asoğlu was fined 5,500 euros and others were fined 2,500 euros each. The Bruges Court also formally recognized the DHKP-C as a "terrorist organization."
The convicted party members appealed the decision. They were found guilty in Belgium of possession of counterfeit identification, arms and explosives, and being members of a terrorist organization, planning terrorist activities and racketeering.
In 2007, due to a complication, the appeals court reversed all the decisions about the terrorists, some of whom were caught in action in 1999. Following the decision, all the arrested and charged members were let go and the judgments for the escapees were canceled with the rationale that "there has been a legal error." The "legal error," according to the appeals court, was the appointment of Termondo Judge Freddy Troch as chief judge to the Bruges Criminal Court. The appeals court adjudged that appointment of Troch, who had previously tried Turkish terrorists and had given heavy sentences, was a "loss of impartiality." The court did not criticize or object to the verdict of the criminal court but simply canceled them. In its Feb. 7, 2008, decision, the Anvers Appeals Court in Belgium discharged all DHKP-C members and refused to take into account the activities of the organization outside of Belgium.
The court acquitted Karataş, Sarı, Akar and Kimyongür. Erdal was charged with two years of postponed prison sentence and received a 1,230-euro fine. Asoğlu was charged with three years of postponed prison sentence and fined 1,230 euros. Saz was charged with 21 months of postponed prison sentence and fined 1,230 euros.
Contrary to previous decisions, the court refused to define the DHKP-C as a "terrorist organization." The defendants were charged only with possession of arms and counterfeit documents. The court decided that the organization was not proved beyond doubt to be a terrorist organization and that "the evidence presented by the intervening party, Turkey, was insufficient."
New court session begins
Upon an objection by the Federal Prosecutors Office, the Anvers Appeals Court decision was reversed and the DHKP-C was once again defined as a "terrorist organization and gang." The court also ruled that members of the terrorist organization could also be tried for crimes they committed outside Belgium. The court assigned the Brussels Appeals Court to the trial of the defendants. As all judgments until today were canceled, culprits can be sentenced on other charges.
Asoğlu, Saz, Kimyongür, Erdal, Akar and Sarı are all defendants in the case as well as Karataş, who died last year. They are represented by attorneys Ties Prake, Carl Alexandr, Paul Bekaert, Jan Fermon and Raf Jespers, while attorney Kris Vincke represents Turkey.
Belgium is once again the center of one of the most complicated legal cases in its history, according to the Belgian press and legal circles.
Defendant Fehriye Erdal, charged with killing Sabancı Holding Otomotive Group Chairman Özdemir Sabancı, Toyota-Sa General Manager Haluk Görgün, and Sabancı’s secretary Nilgün Hasefe on Jan. 9, 1996, was caught in Belgium with a counterfeit passport under the alias of Neşe Yıldırım. Belgium had turned down Turkey’s demand to have Erdal extradited on the grounds that Turkey still practiced capital punishment at that time. Erdal spent one year in jail before she was placed under house arrest, before she later escaped.
History of the DHKP-C trials
The "Belgium style" trying of escaped culprits such as Fehriye Erdal, DHKP-C late head Dursun Karataş, and other DHKP-C members Musa Asoğlu, Bahar Kimyongür, Zerrin Sarı, Kaya Saz and Şükriye Akar Özordulu caused a legal scandal.
Trying the defendants on Feb. 28, 2006, for the crimes they committed in Belgium, the Bruges Criminal Court sentenced Erdal to four years in prison, Karataş five and Asoğlu six years, with Saz, Kimyongür, Sarı and Akar receiving four years each. The Gent Appeals Court confirmed these sentences on Nov. 7, 2006. Asoğlu, Saz, Akar, and Kimyongür were still in prison at the time. However, Erdal, Karataş and Sarı, all of whom were under house arrest, had escaped two days prior to the court decision.
The court adjudicated to strip the culprits of their public rights for 10 years. Asoğlu was fined 5,500 euros and others were fined 2,500 euros each. The Bruges Court also formally recognized the DHKP-C as a "terrorist organization."
The convicted party members appealed the decision. They were found guilty in Belgium of possession of counterfeit identification, arms and explosives, and being members of a terrorist organization, planning terrorist activities and racketeering.
In 2007, due to a complication, the appeals court reversed all the decisions about the terrorists, some of whom were caught in action in 1999. Following the decision, all the arrested and charged members were let go and the judgments for the escapees were canceled with the rationale that "there has been a legal error." The "legal error," according to the appeals court, was the appointment of Termondo Judge Freddy Troch as chief judge to the Bruges Criminal Court. The appeals court adjudged that appointment of Troch, who had previously tried Turkish terrorists and had given heavy sentences, was a "loss of impartiality." The court did not criticize or object to the verdict of the criminal court but simply canceled them. In its Feb. 7, 2008, decision, the Anvers Appeals Court in Belgium discharged all DHKP-C members and refused to take into account the activities of the organization outside of Belgium.
The court acquitted Karataş, Sarı, Akar and Kimyongür. Erdal was charged with two years of postponed prison sentence and received a 1,230-euro fine. Asoğlu was charged with three years of postponed prison sentence and fined 1,230 euros. Saz was charged with 21 months of postponed prison sentence and fined 1,230 euros.
Contrary to previous decisions, the court refused to define the DHKP-C as a "terrorist organization." The defendants were charged only with possession of arms and counterfeit documents. The court decided that the organization was not proved beyond doubt to be a terrorist organization and that "the evidence presented by the intervening party, Turkey, was insufficient."
New court session begins
Upon an objection by the Federal Prosecutors Office, the Anvers Appeals Court decision was reversed and the DHKP-C was once again defined as a "terrorist organization and gang." The court also ruled that members of the terrorist organization could also be tried for crimes they committed outside Belgium. The court assigned the Brussels Appeals Court to the trial of the defendants. As all judgments until today were canceled, culprits can be sentenced on other charges.
Asoğlu, Saz, Kimyongür, Erdal, Akar and Sarı are all defendants in the case as well as Karataş, who died last year. They are represented by attorneys Ties Prake, Carl Alexandr, Paul Bekaert, Jan Fermon and Raf Jespers, while attorney Kris Vincke represents Turkey.