Another Obstacle Prevents Progress in Hrant Dink Case

In the scope of the Hrant Dink trial in Trabzon, the Public Chief Prosecution of Trabzon reversed the decision of the Rize High Criminal Court (cities on the eastern Black Sea coast) to launch a new investigation about Reşat Altay, the then Provincial Chief of the Trabzon Police. The court in Rize decided to investigate Altay because of alleged negligence prior to the murder of Turkish-Armenian journalist Dink in 2007. The Trabzon court quashed the decision though because of "procedural" deficiencies.

The Chief Prosecution announced to have accepted the appeal related to the decision against a prosecution. However, according to the law, the court would have to follow certain procedures in order to launch an investigation at the Rize High Criminal Court or another court as long as the decision for lack of jurisdiction has not been revoked, it was declared.

A trial against the suspects at the Rize court can only be opened if the Rize High Criminal Court fully annulled the decision for lack of jurisdiction. Should the court insist on the decision though, the ongoing discrepancies would have to be resolved otherwise.

Difficulties for launch of investigation

The Trabzon Public Chief Prosecution had launched an investigation about the Trabzon Provincial Chief of Police in relation to the murder of journalist Dink, General Publications Director of the Armenian Agos newspaper at the time. As a result of the investigation, the Trabzon court decided to drop procedures.

The joint attorneys of the Dink family appealed against the decision at the Rize High Criminal Court. However, the appeal was dismissed and the decision was finalized.

Besides, a trial was opened against officials of the Trabzon Gendarmerie Command at the Trabzon 2^nd Magistrate Criminal Court and another case was launched against Colonel Ali Öz, the then Provincial Gendarmerie Commander, on charges of neglect of duty.

The Dink family lawyers sent another petition to the Rize High Criminal Court since that was the closest high criminal court to Trabzon. In the petition, the lawyers alleged that the facts had not been sufficiently investigated for the decision of the Trabzon Public Prosecution to drop procedures against the officials of the Trabzon Police Directorate and the Provincial Gendarmerie Command.

The petition demanded to revoke the decision against the prosecution. Thereupon, the Trabzon Public Prosecutor announced that there were no new facts or evidence to be added. Since the investigation on the same matter would not be repeated, it was decided that there was no reason for a prosecution.

Rize court requested investigation

Upon the latest appeal by the Dink family lawyers filed to the Rize High Criminal Court against the decision of lack of jurisdiction, it was decreed that facts and evidence might exist that would justify the opening of a public case.

In the decision it was decreed to apply for the detailed statements of Reşat Altay and Levent Yarımel, who was mentioned in the statement of witness Emin Arslan, and for the detailed statement of Arslan that was included in the appeal and the attachments.

In the meantime, the Parliamentarian Commission on Human Rights had communicated the commission's disagreement with the decision of the Trabzon Prosecutor to drop procedures. It was announced that the investigation would have to be broadened and a decision was to be given according to the results to be obtained. It was decided to accept the appeal against the decision to drop procedures made by the Trabzon Public Prosecution. (BÖ/EÖ)