Acquitted of Proselytism, Sentenced for "Record of Personal Data"

The 1^st Criminal Court of First Instance of Silivri (west of Istanbul) convicted Hakan Taştan and Turan Topal of "illegally registering personal data". Both un-detained defendants had been arrested and tried because of alleged missionary activities for Protestantism.

Taştan and Topal were acquitted of charges of "inciting hatred and hostility" and "insulting 'Turkishness'" under which they had been facing prison sentences of up to four years each according to the Turkish Criminal Law (TMY).

Cleared of articles 216 and 301, punishment for "personal data"

The case file of Taştan and Topal was one out of 73 files that were granted permission for an investigation and prosecution by former Minister of Justice Mehmet Ali Şahin.

The court acquitted both defendants of charges related to Article 216 on "inciting hatred and hostility amongst the public and humiliation of the public" and Article 301criminalizing "Insulting the Turkish People, Republic of Turkey and Governmental Institutions and Bodies" by reason of "lack of definite and convincing evidence". However, the defendants received a nine-month prison sentence each since they were found guilty of charges of "registering personal data".

Due to a lack of criminal record, the penalties were mitigated to seven months and 15 days each. Subsequently, the sentences were converted into monetary fines of TL 4,500 (€ 2,250) each, taking into account the defendants' remorse throughout the trial period regarding their personal, social and economic situation".

Ergenekon defendants complained

On Tuesday (9 November), defence lawyer Haydar Polat submitted a petition to court to appeal against the decision that was given on 14 October 2010. Among the complainants that filed the case were also lawyer Kemal Kerinçziz and his team. Kerinçsiz, former official of the Great Lawyers Union, is a detained defendant of the Ergenekon Case related to the clandestine ultra-nationalist Ergenekon organization charged with plotting to overthrow the government and to instigate armed riots.

In a previous hearing on 26 September 2007, the request of Sevgi Erenol, press spokesman of the Turkish Orthodox Church, for joint plaintiff status was dismissed. Erenol had been arrested in January the same year in the scope of the Ergenekon investigation.

On 18 July 2007, former Prosecutor Demirhükük pleaded for the acquittal of the defendants in reference to the Constitution and other laws. He had claimed, "The Constitution and our laws secure the preferred religious life and propagation of the people in the scope of freedom of religion and conscience". However, the prosecutor was assigned to a different task and a successor took over the case.

The indictment

The indictment, prepared by the Silivri Public Chief Prosecutor, was based on information conveyed to the gendarmerie via a phone call. It was claimed that Christians wanted to transform historic places in Silivri into sacred areas. They allegedly worked on getting organized in local schools and made speeches that supposedly humiliated 'Turkishness', the military service and Islam, according to the indictment.

The indictment pointed to information given to the gendarmerie concerning alleged missionary activities of the defendants who were members of the Turkish Protestant Church in Taksim / Istanbul. It was claimed that they handed out free bibles and other books and CDs related to Christianity to mostly students. (EÖ/VK)