Dear @StateDept, What Are You Going to Do About Metin Topuz’s Imprisonment Besides Being “Deeply Troubled?”

 

The United States can do a lot more than simply express being “deeply troubled” or its “deep disappointment.” The question is will it do more? How much is it willing to do when it comes to Metin Topuz, a Turkish citizen employee who worked at the U.S. Consulate General in Istanbul prior to his arrest?
The State Department has 50,059 locally employed staff at 275 posts in 195 countries.
In August 2018, the Treasury Department targeted Turkish Justice Minister Abdulhamit Gul and Interior Minister Suleyman Soylu with financial sanctions over the country’s refusal to release Andrew Brunson, a Christian pastor who had been imprisoned by the Turkish government on charges of terrorism and espionage. In October 2018, Brunson was convicted, by Turkish authorities, on the charge of aiding terrorism, but was released from Turkish custody and returned to the United States.

 

Related posts:

George Floyd’s Death: Official Reactions Plus Trolling From Overseas

 

From Egypt and Turkey: Generous Medical Supplies For the United States

 

 

Also medical supplies from South Korea reportedly purchased by FEMA, and medical supplies from Russia initially purported to be aid but the State Department insisted this was a commercial transaction. (see Putin Sends Medical Supplies in “Largest Cargo Aircraft” to “World’s Largest Humanitarian Provider” – Wait, Wat?

U.S. Senate Joins House, Passes Resolution Recognizing the Armenian Genocide

 

On October 29, the U.S. House of Representatives voted 405-11 agreeing to H.Res. 296 “Affirming the United States record on the Armenian Genocide”. October 29 is also Turkey’s Republic Day, the 96th anniversary commemorating the proclamation of the Republic of Turkey in 1923.
On December 12, the U.S. Senate also passed S.Res.150 “Expressing the sense of the Senate that it is the policy of the United States to commemorate the Armenian Genocide through official recognition and remembrance.” The Resolution was agreed to in Senate without amendment and passed by unanimous consent.

Related posts:

 

 

Turkish Court Rules to Keep USG Employee Metin Topuz in Jail

 

Reuters reported on December 11, that a Turkish court ruled that U.S. Consulate General Istanbul employee, Metin Topuz remain jail “as his trial on espionage charges continues.”
Reuters previously reported in September that the lawyers for Metin Topuz applied in January to the European Court of Human Rights and that  the ECHR has accepted the application.
The AP previously reported that Topuz began working at the consulate in 1982 as a switchboard operator and was promoted to work as an assistant and translator to the DEA’s American personnel in Turkey a decade later.
Topuz was first arrested in October 2017 and has now been incarcerated for over two years. He is still an employee of the U.S. Government. We’ve been wondering what’s going to happen to him. There’ll be another hearing in March. And on and on it goes? Until when?
The State Department has previously updated its Foreign Affairs Manual in 2017 which provides the terms and conditions for authorizing compensation payments for current and former locally employed (LE) staff who are/were imprisoned by foreign governments as a result of their employment by the United States Government.
So for “amount of benefit” which applies to locally employed staff at State and All Agencies under Chief of Mission Authority (includes DEA):

a. State:  Compensation may not exceed an amount that the State Deputy Assistant Secretary for HR determines to approximate the salary and benefits to which an employee or former employee would have been entitled had the individual remained working during the period of such imprisonment.

b. All other agencies:  Compensation may not exceed an amount that the agency head determines to approximate the salary and benefits to which an employee or former employee would have been entitled had the individual remained working during the period of such imprisonment.

c.  Once the compensation amount has been set, each agency will deny or reduce this compensation by the amount of any other relief received by the employee or other claimant, such as through private legislation enacted by the Congress.

Under the section of “other benefits”:

Any period of imprisonment for which an employee is compensated under this section shall be considered for purposes of any other employee benefit to be a period of employment by the U.S. Government, with the following exceptions:

(1)  A period of imprisonment shall not be creditable toward Civil Service retirement unless the employee was covered by the U.S. Civil Service Retirement and Disability System during the period of U.S. Government employment last preceding the imprisonment, or the employee qualifies for annuity benefits by reason of other services; and/or

(2)  A period of imprisonment shall not be considered for purposes of workers’ compensation under Subchapter I of Chapter 81 of Title 5, U.S.C., unless the individual was employed by the U.S. Government at the time of imprisonment.

Just pause and think about this for a moment.  Local employees are typically are not paid in U.S. dollars but paid in local compensation plans/currencies. The United States Government will only pay the amount that the employee would have been entitled to if she were at work (and not in prison). Were Congress to allocate any compensation, USG will deny or reduce the amount claimed beyond the approximate salary.
So compensated for eight hours a day considered a workweek but none for weekends and 16 hours a day spent incarcerated and away from families or being slammed around by prison hosts? (A former Turkish official assigned to NATO arrested and accused as a “Feto” member spoke of tortures and show trials).
Wow!  This is breathtaking and full of heart, we wanna scream.
Also with very few exceptions, most locally employed staff are not covered by U.S. Civil Service retirement. But former USG local employees who gets in the cross-hairs of their governments and imprisoned due to their employment with the U.S. Government, their imprisonment “shall not be considered for purposes of workers’ compensation”. That only applies if they are employed by the USG at the time of imprisonment.
State/HR’s Overseas Employment should be proud of that ‘taking care of local employees’ award.

 

Related posts:

 

House Passes Resolution Recognizing 1915 Armenian Genocide

From our 2015 clips: When Henry Morgenthau, Sr. resigned in 1916 as ambassador to the Ottoman Empire, his reasons included his “failure to stop the destruction of the Armenians.”  Ambassador Morgenthau’s story is available to read online here.   It was not until the Second World War when we had a term for the intentional destruction of an entire people.
In 1943 Raphael Lemkin coined the word “genocide” to characterize the intentional mass murder of a whole people, basing the concept on the Nazi extermination of Jews and the Ottoman massacres of Armenians. He worked tirelessly to achieve the United Nations Convention against Genocide and was among the representatives of four states who ratified the Genocide Convention.  Raphael Lemkin is cited by the Oxford English Dictionary for coining the term “genocide” by combining Greek genos(γένος), “race, people” and Latin cīdere “to kill” in his work Axis Rule in Occupied Europe (1944) (via).
On October 29, the U.S. House of Representatives voted 405-11 agreeing to H.Res. 296 “Affirming the United States record on the Armenian Genocide”. October 29 is also Turkey’s Republic Day, the 96th anniversary commemorating the proclamation of the Republic of Turkey in 1923.
H.Res. 296 includes the following:

Whereas the Honorable Henry Morgenthau, United States Ambassador to the Ottoman Empire from 1913 to 1916, organized and led protests by officials of many countries against what he described as the empire’s “campaign of race extermination”, and was instructed on July 16, 1915, by United States Secretary of State Robert Lansing that the “Department approves your procedure … to stop Armenian persecution”;

Also see 1915 Armenian Genocide — The “G” Word as a Huge Landmine, and Diplomatic Equities April 24, 2015
John M. Evans: The diplomat who called the “Events of 1915” a genocide, and was canned for it April 24, 2015

 

 

The Giant Halkbank Octopus: New Episodes Coming Soon!

 

From our old post in 2017: Erdogan Rages Against the U.S. Ambassador to Ankara — What’s That About?

On March 19, 2016, Reza Zarrab an Iranian-Turkish citizen was arrested for allegedly engaging in hundreds of millions of dollars of transactions on behalf of the Government of Iran and Iranian entities as part of a scheme to evade U.S. sanctions (Download u.s._v._zarab_et_al_indictment.pdf).

On March 28, 2017, Mehmet Hakan Atilla, a Turkish banker was also arrested and charged for alleged conspiracies to violate the IEEPA and to commit bank fraud (Download US v. Mehmet Hakan Atilla complaint.pdf).

On September 6, 2017 DOJ announced the Superseding Indictment alleging that nine defendants (including a former Turkish Minister of the Economy (currently serving in Turkish Parliament), and a former General Manager Of Turkish Government-Owned Bank), “conspired to lie to U.S. Government officials about international financial transactions for the Government of Iran and used the U.S. financial system to launder bribes paid to conceal the scheme.”

In November 2017, NBC News also reported that Zarrab began cooperating with federal prosecutors in a money-laundering case.
According to avhal, the Turkish banker, Hakan Atilla served 32 months in prison in the United States for helping Iran evade U.S. sanctions, and was released on July 19 this year. On October 21, 2019, Turkey’s Finance and Treasury Minister Berat Albayrak (and Erdogan’s son-in-law) announced that the former Halkbank director has been appointed as the director general of Borsa Istanbul, Turkey’s main stock exchange.
On October 15, USDOJ announced that TÜRKİYE HALK BANKASI A.S., a/k/a “Halkbank,” was charged in a six-count Indictment with fraud, money laundering, and sanctions offenses related to the bank’s participation in a multibillion-dollar scheme to evade U.S. sanctions on Iran.
On October 24, Senator Ron Wyden of Oregon announced that he is launching an investigation into the Halkbank scandal.
Courthouse News Service Adam Klasfeld who has covered this case extensively notes in his October 22 report that “Turkey continued to hold three U.S. consulate workers in captivity with relative silence from the White House, and Halkbank kept an indictment at bay for more than two years, even after its ex-general manager Suleyman Aslan and executive Atilla had been charged with the multibillion-dollar conspiracy.”
Back in 2017, we thought this thriller which started out actually in 2013  (see the New Yorker’s Dexter Filkins piece, A Mysterious Case Involving Turkey, Iran, and Rudy Giuliani) — with a cargo plane from Accra, Ghana, which was diverted to Istanbul’s main international airport, because of fog, and three thousand pounds of gold bars — was going to unravel under the glare of sunlight, but here we are in 2019.  So now we wait for the next episodes.

Related posts:

Pence Announces Ceasefire, Turkish FM Çavuşoğlu: We got what we wanted, also this is not a ceasefire

 

 

Pence to Lead Ceasefire Delegation to Turkey, Erdogan on Ceasefire — Nah, But Come Visit!

 

Trump in His “Great and Unmatched Wisdom” Green-lights Turkish Incursion, Abandons US-Backed Kurds