Colonel Öz Tried at High Court after 3 Years

Colonel Ali Öz, former Trabzon Provincial Gendarmerie Commander, is now also prosecuted at the 1^st High Criminal Court of Trabzon (eastern Black Sea coast) over allegations of "neglect of duty". Öz has already been indicted under the same charges at the Trabzon 2^nd Magistrate Criminal Court because he allegedly did not assess crucial information forwarded to the Trabzon gendarmerie prior to the murder of journalist Hrant Dink.

Dink, then editor-in-chief of the Armenian Agos newspaper, was shot in front of his office in Şişli (Istanbul) on 19 January 2007.

The European Court of Human Rights (ECHR) just recently found Turkey guilty of a violation of the right to life in the scope of the Dink murder case. The court was of the opinion that Turkey failed to take protective measures despite evidence of immediate danger.

The Rize Public Prosecutor prepared a new indictment upon the criminal complaint filed by the Ministry of Justice. The indictment was submitted to the High Criminal Court of Rize as a neighbouring city to Trabzon. The indictment was then sent to the Trabzon 1^st High Criminal Court in July.

Tried at the High Criminal Court

Ali Sürmen, lawyer of defendant Öz, indicated that his client was already being tried at the Trabzon 2^nd Magistrate Court under the same allegations. Thus, he requested to interrupt procedures until the first trial will have been decided.

The Trabzon Provincial Administrative Council did not agree on the necessity for a new decision since the permission to prosecute Öz had already been issued before.

Upon the council's decision, the Trabzon 1^st High Criminal Court started the trial against Öz on 30 September. The hearing was attended by lawyers Hakan Bakırcıoğlu and Emel Atatürk as joint attorneys for the Dink family and defence lawyer Sürmen.

The court board decreed to wait for a writ from the Bakırköy (Istanbul) High Criminal Court in order to confirm the allegations and complaints put forward by the complainants Rakel, Delal, Sera and Arat Dink. The plaintiffs' lawyers requested to merge the case at the High Criminal Court with the file tried at the Magistrate Criminal Court. The court board decided to evaluate the request together with other demands later on.

Defendant Öz is summoned to the 5^th High Criminal Court in Bursa (eastern coast of the Sea of Marmara) where he is currently on duty. He will give his statement related to the new case at the high court on 11 October.

On 24 September, Rakel Dink and Hosrof Dink, the wife and the brother of the slain journalist, gave their statements at the Bakırköy 10^th High Criminal Court in the scope of the second trial. Öz stands accused of "misconduct in office by neglecting his duty".

Rakel Dink: He could have prevented the murder

Rakel Dink, one of the family members who sue Ali Öz, argued: "He had information about the assassination plot against my husband. He had the possibility to prevent the murder but he did not. I think he is just as guilty as the defendants who committed the murder".

In court on 24 November and 9 December

The court is now awaiting Öz's defence speech at the Bursa 5^th High Criminal Court. The case at the Trabzon 2^nd Magistrate Criminal Court will be continued on 24 November. The court is going to review the related file. The trial at the High Criminal Court was postponed to 9 December. (EÖ/VK)