Interview - Judicial Persecution Against Hizb ut Tahrir Continues

Mr. Huseyin Kulaoğlu, a reporter for Yeni Akit Newspaper, conducted an interview with Mr. Mahmut Kar, Head of Media Office of Hizb ut Tahrir in Wilayah of Turkey and also the representative of our magazine in Istanbul.

The interview has been published in its entirety on page 18 of Yeni Akit Newspaper.

Here's the full text of the interview:

Let's start with an introduction about Hizb ut Tahrir. What is Hizb ut Tahrir and what are the Hizb's objectives?

As we know, on 3^rd March of 1924, Mustafa Kemal abolished the Khilafah "Caliphate" which was the ruling mechanism that ensured the unity of all Muslims. Turkey suffered immensely from the secular ideology of Kemalism after the abolishment of the Khilafah "Caliphate". In fact, not only the Muslims in Turkey, but the entire Muslim Ummah suffered after the abolishment of the Khilafah "Caliphate". As this was not enough, additionally a Zionist and occupying state was established in 1948 by occupying the Holy Lands. Hizb ut Tahrir - after these two great shakes felt by the Muslims - was established as an Islamic political party in 1953 by the Islamic Palestinian scholar and thinker Taqiuddin al-Nabhani in order to re-establish the Khilafah "Caliphate". So the Hizb is aiming to re-establish the Khilafah "Caliphate" Rashidah to resume the Islamic way of life again and working towards this aim.

OK, how will Hizb ut Tahrir establish the Caliphate? Which methods of work did it adopt?

In order to realize its goal, Hizb ut Tahrir has adopted the method of political and intellectual work. We definitely do not accept any armed struggle, force or violence. At the same time, Hizb ut Tahrir never resorts to any method or way that is declared as illegitimate by Islam.

For example, just as we do not accept the armed struggle as a method, we also do not accept the democratic method of working as legitimate in accordance to Islam. We want to re-establish the Khilafah "Caliphate" by a revolutional change by achieving the support of the society.

So this is the situation, but why then are your members sentenced to such severe penalties by the courts?

Hizb ut Tahrir has started its activities in Turkey in 1960. The first arrests and sentences were made in 1967, and later in 1980 during the military coup era. During that time the Kemalist secular government had a certain point of view against the Khilafah "Caliphate" project, why it regarded Hizb ut Tahrir as an enemy and applied pressure on it. However, structural changes in the laws and legal reforms after the year 2000, dissent was decriminalized, but nothing has changed for Hizb ut Tahrir. Now the penalties are more severe than during the periods of martial law.  While the penalty for membership in Hizb ut Tahrir was 6 months imprisonment only in 1968, it is currently 7.5 years. While penalties for executive positions were between 3 and 5 years, it is now 15 years.

OK, on which laws and regulations are these penalties based on? As you are against violence; should your activities not be outside of the scope of terror law?

Yes, that's right. However the judicial system in Turkey applies a special practice for Hizb ut Tahrir. Even though our activities do not constitute a crime, the Supreme Court fells its decisions through mind-reading and punishes Hizb ut Tahrir by stating that it will use weapons in the future.  The 9th Department of the Supreme Court decided in 2006 by felling the following judicial opinion. This is the exact wording: "...approving the decision, after recognizing the aim of "following the establishment of the Khilafah "Caliphate" Rashidah, launching an armed struggle against Christian states in order to annex them in the established Khilafah "Caliphate" state".  The Supreme Court wants to say that although Hizb ut-Tahrir does not use and adopt an armed method at the moment, it might make use of it in the future.

Very interesting, is this not against the law?

Yes, of course it is. There are three juristically scientific opinions which declare this to be contrary to the law. Professor Sami Selçuk, Dr. Ümit Kardaş and Professor Türkan Sançar published scientific reports declaring that this court decision is against the law. However, even these reports have been ignored by local courts as well as the Supreme Court. Therefore, Hizb ut Tahrir is seized on the same category with the violent organizations which destroy cities and burn houses. There has never been before such a decision in the literature of law in the world. It is Turkey's exclusive practice against Hizb ut Tahrir.

Has the Parallel Organization, which is active in the jurisdiction and police, pointed the finger in these persecutions against Hizb ut Tahrir?

Well, after the 17^th December operations, official state authorities made statements saying that innocent people have been punished by the Parallel Organisation through using false and fabricated evidences; and that it had prepared a plot against the Army. Afterwards many things were discussed and written. All this is still being discussed today as it was yesterday. Be they true or not... I do not want to look at this dimension of the issue, but rather I would like to take a look and talk about the dimension which refers to the persecution and unlawfulness against Hizb ut Tahrir executed by a structure within the government institutions called "Parallel".

Most of the persecutions, operations, arrests and trials against Hizb ut Tahrir in Turkey by the so-called "Parallel" structure, took place over the last 10 years. This was executed commonly by both, the security forces and jurisdiction. They made many concurrent operations in 2004, 2005, 2009, 2011 and 2013 in many cities and arrested hundreds of people. The police carried out investigations against Hizb ut Tahrir with such jactitation and fabricated evidences to such an extent that they even were able to slander it with having relations to Ergenekon. The politicians still have the same positions today as they had during that time. And the media as a whole took part in this smear campaign against Hizb ut Tahrir.

How could the Parallel Organization link Hizb ut Tahrir to Ergenekon?

Very simple... Lieutenant Ali Çelebi who was later trialed on the accusation of Ergenekon, got into the taxi cab of one of our friends, who also took part in our home lectures. While our friend had a chat with his customer on the drive, he also talked about the Khilafah "Caliphate" and Hizb ut Tahrir. Thereupon Çelebi introduced himself as an accountant and wanted to have more conversation.  This friend later met Çelebi a few times on the Kızılay Square (in Ankara) and gave him some books and magazines. Unfortunately these two minute meetings were evidence enough for the police forces to link Hizb ut Tahrir to Ergenekon. Alhamdulillah, this trap was broken by the help of Allah (swt). After the police had erroneously confessed that they themselves made some uploads on Çelebi's cell phone, the court was forced to separate the files of Hizb ut Tahrir and Ergenekon.

Speaking of Ergenekon; during the trial process of Ergenekon, the Parallel Organization made a claim that "the demonstration by Hizb ut Tahrir in front of the Fatih Mosque in 2005 was incited by Ergenekon". What would you like to say about this issue?

I would like to prove the extent of this false accusation with the following explanation: Hizb ut Tahrir made this press statement at Istanbul Fatih Mosque in 2005 for the reason of the Anniversary of the Abolishment of the Khilafah "Caliphate". The important detail here is that Hizb ut Tahrir organized similar events in 38 different countries across the world at the same day after the Friday prayer. This means that this press statement event was not special to Turkey. Therefore, as to this false accusation, did Ergenekon also plan those actions in 38 different countries across the world? This was a really vicious and ridiculous aspersion.

What kind of evidences did the security forces present to the courts in order to show the members of Hizb ut Tahrir as terrorists?

Possessing books, magazines and press releases in the homes, attending conferences, organizing picnics and Iftaar programs and more of that kind... Yes, these are the evidences of crime of almost 200 people being trialed for 7.5 years for membership. And of course there are also the weapons which they (police forces) had placed in the houses after entering them like thieves, only in order to make Hizb ut Tahrir appear like a terrorist organization.

Could you please tell more about this placing weapons issue?

In July 2009, Süleyman Uğurlu, the General Coordinator of the Köklü Değişim Magazine, who lives in Ankara was detained during the concurrent operations. When it came to house investigation, the police did not search his actual house, but his flat at his previous address, and afterwards they claimed to have found weapons which they presented as evidence in his file. Later his neighbours said that police had placed those weapons in his flat. And of course, as police and jurisdiction work hand in hand, the court is unable to get the fingerprint report of the weapons claimed to be found in his house for three years. Because the court knows very well that the fingerprints would reveal the true culprit.

What could be the reason that the Parallel Structure did do all this?

Because the Parallel Structure, does not want any other organized structure except itself. This is not only against Hizb ut Tahrir. Hizb ut Tahrir is an ideological party operating internationally in 50 countries with the aim of establishing an Islamic state. Achieving its goal means the detuning of this global capitalist system. Naturally in fact, all capitalist states, including the USA, the West, Russia and even China, do consider Hizb ut Tahrir and the Khilafah "Caliphate" as a threat. This is the only explanation for the enmity against Hizb ut Tahrir in Turkey, because the Khilafah "Caliphate" project stands against the alliance of civilizations and the interreligious dialogue.

You have launched a campaign under the title of "Say STOP to the Judicial Persecutions" Would you tell us about this campaign?

We have launched a campaign; "Say STOP to the Judicial Persecutions against Hizb ut Tahrir". Our aim in launching this campaign is to bring the judicial persecutions against the members of Hizb ut Tahrir over the last 10 years in Turkey to the agenda of the public and to raise awareness among all spheres of society in order to remove this oppression. At the moment there is a given total sentence of 900 years to more than 200 members of Hizb ut Tahrir, which are about to be approved by the Supreme Court. Therefore, we have started this campaign in order to raise awareness in order to remove this judicial persecution which is implemented against the members of Hizb ut Tahrir, as well as against all Islamic associations and NGOs.

What is the final purpose of this campaign? What do you expect from the authorities?

First of all, the Government should not abnegate its responsibility in this process. There is an oppression existing. Hizb ut Tahrir neither has to do with Ergenekon, nor with violence or weapons. However, everybody kept silent while these aspersions were casted and these unlawful penalties were given. There exists oppression, and just as everybody, also the Government has its responsibility in this oppression. Because those who know Hizb ut Tahrir, and that it is a purely ideological and political movement are the government authorities. Therefore our expectations within this existing system, is the removal of injustice and lawlessness. And this, no matter where, is one of the most natural rights of all individuals. The trials against Hizb ut Tahrir are completely unlawful. Therefore this oppression must be removed completely. During this campaign we have collected 74 thousand signatures in November. We have submitted those signatures to the Grand National Assembly of Turkey together with a petition. Now we call the Grand National Assembly to set up a commission. This commission should organize meetings and take decisions to remove these lawlessnesses. There is the need for legal and judicial regulations in order to remove the Supreme Court's judicial opinion. The anti-terror law must be changed in a clear way which prevents interpretations by any judge or any prosecutor. Who do you think would do all of this?

Source: Yeniakit Newspaper