The life of Midhat Pasha; a record of his services, political reforms, banishment, and judicial murderAli Haydar Mithat
History
The life of Midhat Pasha; a record of his services, political reforms, banishment, and judicial murder
Ali Haydar Mithat
Midhat Paşa, 1822-1884; Statesmen -- Turkey -- Biography; Turkey -- History -- 19th century
“A few words now to show how the prisoners were treated. According
to the Code of Criminal Procedure the accused has a right to choose
his own advocate, and to have free communication with him. In the
present trial the advocate was chosen by some anonymous personage
in the Palace, without the accused having been consulted as to the
choice, and free communication was not allowed. On this subject
Midhat asserts that he saw his counsel only twice. On the first
occasion they had only time to read about an eighth part of the
indictment, and on the second they were favoured with the presence of
Raghib Bey, one of the Sultan’s private secretaries, who listened to
all that was said. Worse than this, with prodigious ingenuity each
advocate was entrusted with the duty of defending prisoners belonging
to different categories and employing mutually contradictory modes of
defence. Refik Effendi, for example, was ordered to defend on the one
hand Mustapha the Wrestler—who confessed his own guilt, and accused
Fahri of having taken an active part in the assassination—and on the
other hand the said Fahri, who maintained that Abdul Aziz committed
suicide. In like manner Shukri Effendi had to defend on the one
hand Midhat, and on the other hand Nouri Pasha, who endeavoured to
exculpate himself at Midhat’s expense. The idea of crippling the
defence in this ingenious way is exquisitely Oriental, and rendered
almost superfluous the half‐pathetic, half‐menacing exhortation
made to the advocates at the Palace that they should refrain from
adding to the Sultan’s numerous embarrassments and trust to His
Majesty’s clemency. Equally Oriental and characteristic is the fact
that the learned gentlemen who undertook the so‐called defence on
such conditions, showed no signs of being ashamed of themselves.
It is hardly necessary to say that they carefully abstained from
cross‐questioning the witnesses and sifting the evidence, and did not
object when the President and the Public Prosecutor assumed important
facts without proving them.
“With regard to the way in which Midhat was threatened, it is
difficult to speak without using strong terms of indignation. Not a
particle of carefully sifted evidence against him was produced, and
he was refused means of defending himself against the unsubstantiated
assertions of his accusers, though he proved from the Code that he
was asking no more than he had a right to demand. If his sentence
is carried out, his execution will be simply a judicial murder,
perpetrated from motives of political vengeance and personal enmity.
As for the other prisoners, I cannot pretend to say whether they
really committed the crime with which they are charged, but I can
unhesitatingly assert that their guilt was not legally proved.
Public-domain text, read in full here on John Shaqi.
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