Spies in Germany

One short question had the entire courtroom's ears pricked: "Where did your client get this information?" It was put to the attorney representing the main defendant in the case by the presiding judge. The defendant had just explained that a Turkish witness scheduled to appear before the court in the next few days would most likely not give testimony because he was participating in the Muslim pilgrimage of Hadj. But before the lawyer could answer, his colleague cut him off. "My client has absolutely no information about that," said the public defender – in a voice that was not about to accept any backtalk. The hired defender remained silent.

Communication between the three lawyers representing Mohammed Taha G. doesn't quite seem to be working. "We are all following the same strategy," emphasized the hired defender, who is of Turkish descent. However, on the surface it appears that the lawyers are having a hard time finding a common line of defense. Conflicting statements, raised eyebrows, tense moods – this has all given many courtroom observers cause to wonder what role the hired defender is actually playing, and how close his ties to the Turkish government are.

Spying on the opposition

That is what this entire trial is about: close ties to the Turkish government. Or more accurately: possible Turkish intelligence service activities in Germany. Mohammed Taha G. and two other men are on trial before the Higher Regional Court of Koblenz on charges of espionage.

The federal prosecutor's office has accused them of working for the "intelligence services of a foreign power." The three defendants are supposed to have spied on critics of Turkish President Recep Tayyip Erdogan who live in Germany, and to have then passed their information on to the Turkish intelligence agency MIT.

According to the federal prosecutor, the trio has been collecting information on Erdogan critics in Germany since at least 2013; for instance, at protests organized by Kurdish activists, at demonstrations and at campaign events. It is unclear whether G. maintained an informal relationship with the MIT or some other group within the intelligence services, or whether he was supplying the Turkish government or members thereof directly. He is accused of being the "agent handler" of his two co-defendants as well as other intelligence service members.

Ankara's espionage

The government in Ankara claims that the defendants had absolutely no contact to the MIT or the Ministry for Turkish Citizens Living Abroad, which tends to issues regarding the 1.4 million Turks living in Germany.

However, the Cologne based expert for criminal justice and intelligence service law, Nikolaos Gazeas, has his doubts: "The probability that a state would admit to having sent spies to conduct operations on foreign soil is, by nature, rather slim."

If the espionage was in fact ordered by the Turkish government that would imply the organization of an intelligence services network on foreign soil with the intent of spying on Turkish, or former Turkish citizens.

"Such espionage activities directed at foreigners living in Germany is an assault on the interests of the Federal Republic of Germany," says Gazeas. "As such," he continued, "the criminal offense that has been brought would fulfill the criteria for intelligence services activity." If convicted, the defendants could face up to five years in prison.

Strains on German-Turkish relations

The trial will likely put a spotlight on how the Turkish government deals with its own citizens abroad – and could potentially strain bilateral relations between Germany and Turkey. According to reports, G. is a former adviser to Erdogan and is supposed to have worked for the Turkish premiership, as well as a state-run bank.

At the end of the opening day of the trial, the public defendant exclaimed, "My client is innocent." He went on to say, "He has been in investigative custody for more than half a year: that is illegal." His legal colleague also spoke of the possibility of the defendant's acquittal shortly after the trial began. Nonetheless, the hired defender left one question unanswered, namely: whether or not the defendant knows President Erdogan.