The reforms have not saved Turkish journalists from jail. The number of journalists and writers, who have been charged with or convicted for violating the notorious Article 301 has increased to 22. Courts also handed out a total fine of US 10 thousand.
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BIA News Center
29/12/2005 Erol ONDEROGLU
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BIA (Istanbul) – Expectations of providing a broader space for _expression alongside reforms to fulfill the EU membership criteria through the new penal code comes false.
Turkish Foreign Minister Abdullah Gül in a public statement he made on Wednesday admits that harassment of writers and journalists with the justification of violating Article 301 of the Penal code stains Turkey’s image even worse than the “Midnight Express” had done.
The last link in the chain may be Member of European Parliament Joost Lagendijk who was quoted by the Turkish media last week to criticize the Turkish Armed Forces as well as the Kurdish guerilla PKK for the deteriorating situation in southeast Turkey.
Reports have been leaking from Beyoglu district court in Istanbul that public prosecutor is preparing a file against Lagendijk under complaints coming from a ultra-right group of lawyers who believe the MEP’s statement constitutes a violation of Article 301.
Celebrities are not an exception
The situation grows alarming as the number of journalists and writers victimized by Article 301 what replaces Article 159 in the former law are not confined to a few celebrities.
All in all 22 journalists have already been charged under the notorious Article 301 of the Turkish Penal Code in the second half of 2005.
Convictions
Since the new Penal Code has taken effect in June local courts in cases based on article 301 have convicted six journalists and writers. All these decisions have been taken to the Supreme Court of Appeals.
In eight separate trials, local courts have convicted journalists Emin Karaca and Hrant Dink, writer Zulkuf Kisanak, publisher Fatih Tas, Aziz Oner, the owner of the “Cagri” (Call) magazine, and a reader Erkan Akay.
In these eight cases, the courts handed out fines of a total of 12,900 YTL (USD 9,600) and a total prison term of three years. 900 YTL (USD 600) of the total fine, and 1.5 years of the total prison sentence was deferred.
Court has no jurisdiction over the case of Korkmaz and Salaz
On December 27, a local court continued to try a journalist based on article 301. Journalist Ersen Korkmaz, who wrote an article titled, “The Leader of Kurds was Taken and Delivered to Fascists,” after attending a panel in 2002. The article was published in Korkmaz’s local southern newspaper “Demokrat Istenderun” (Democratic Iskenderun). Necmettin Salaz from the Communist Party of Turkey (TKP), who spoke at the panel, also stands trial.
Judge Esmahan Yilmaz ruled that the court has no jurisdiction over the case and sent the file of Korkmaz and Salaz to another local court, which encompasses acts committed through the media.
Korkmaz, who criticized the length of the trial and asked for his acquittal at the hearing, spoke to bianet: “As a person who believes in the freedom of thought and _expression, I published the expressions made at a panel.”
“I never thought this would be considered a crime. Unfortunately, it is a crime to do that in our country. I have been standing trial since 2002. Penalizing me in this trial would be tantamount to penalizing Turkey in respect of the freedom of thought and _expression” he told.
Korkmaz and Salaz face up to two years in prison if found guilty of violating article 301/2 for their report. Korkmaz will stand another trial on March 17, 2006 for “publicly insulting the government,” in an article he wrote before the May 1 Labor Day.
Ferhat Tunc stands trial on December 28
Reputed protest singer Fehat Tunc, who criticized the court for keeping former Democracy Party lawmaker Leyla Zana and others under arrest, in an article he wrote in the “Yeniden Ozgur Gundem” (Free Agenda Again) newspaper, stood trial in an Istanbul court on December 28.
Tunc and editor-in-chief Mehmet Colak are being charged with “insulting the court” by writing and publishing the article titled, “A Revolutionist Leyla and A Song,” published on January 19, 2004. Tunc and Colak face up to three years in prison.
Writer Kisanak fined 3,000 YTL
A local court sentenced writer Zulkuf Kisanak to six months in prison for “publicly insulting the state” by writing a book named, “Lost Villages – How was Thousand Years’ of Heritage Burnt Down?”
The Istanbul court commuted the prison sentence to a fine of 3,000 YTL(USD 2,200). Zulkuf’s book was on the Southeastern Anatolian villages that were burnt down.
Journalist Aziz Ozer fined 9,000 YTL
On the same day, another Istanbul court sentenced Aziz Ozer, the owner and editor-in-chief of the monthly “Yeni Dunya Icin Cagri” (Call for a New World) newspaper, to 18 months in prison for “publicly insulting the republic and the government.”
The judge ruled that Ozer insulted the republic twice, and the government once, in articles titled, “80 Years of Republic of Turkey, 80 Years of Fascism,” and “No to Becoming an Accomplice in Iraqi Occupation.” The prison sentence was then commuted to a fine of 9,000 YTL (USD 6,700). The journalist appealed the decision through his lawyer Ozcan Kilic.
On December 1, a court had sentenced Aziz Ozer to a year in prison for “publicly insulting the government and the republic,” by writing to articles, titled, “Who does AKP’s bulb glow for?” and “We did not Forget the Massacre and we will Prevent it from being Forgotten.”
“Reader” Akay convicted twice
The same court on December 14, sentenced magazine reader Erkan Akay to a year in prison for “insulting the Turkish identity and the Republic.” Akay’s prison sentence was deferred.
The court ruled that Akay’s statements that “Turks massacred the Armenians and committed genocide, the murderers were then presented as heroes,” and “the roots of the Republic of Turkey, which is called the New Turkey, stand in past murders, and the state was established on dirty secrets,” constitute to “insulting the Turkish identity and the Republic.”
Five writers face 10 years in prison
Ismet Berkan, the editor in chief of the “Radikal” newspaper, Radikal columnists Erol Katircioglu, Murat Belge, Haluk Sahin, and Milliyet columnist Hasan Cemal are charged with “influencing justice,” and “insulting the state’s juridical institutions.” The writers had criticized the cancellation of the Conference on Ottoman Armenians under a regional council of state decision.
The indictment stated that the journalists’ comments that “the cancellation of the conference is a blow to freedom of thought” constitute crime. The writers face six months to 10 years in prison if found guilty. They will stand trial on February 7 in an Istanbul court.
Cemal and Belge will be charged twice based on article 288 of the Turkish Penal Code (TCK) which punishes “publicly making an oral or a written statement with the aim of influencing the prosecutor, judge, court, experts or witnesses before the investigation or the trial ends through a final verdict,” and on article 301, which is on “publicly insulting the state’s justice institutions.” Sahin and Katircioglu will be charged once based on the same articles. Berkan will be charged with “influencing judgement.”
Publisher Fatih Tas sentenced to six months in prison
An Istanbul court on October 20, sentenced publisher Fatih Tas from the Aram Publishing House, to six months in prison for publishing a book named, “They say you are missing.” The book was about journalist Nazim Babaoglu who was kidnapped on March 12, 1994 and never returned. Tas was found guilty of “publicly insulting the state.
Journalist Dink sentenced to six months in prison
Another local court on October 7, sentenced journalist Hrant Dink to six months in prison for writing a series of articles on the Armenian identity. The articles were published in the weekly “Agos” newspaper owned by Dink. Dink was found guilty of “insulting the Turkish identity.” The court deferred the prison sentence.
Dink’s lawyer Fethiye Cetin appealed the decision. Karin Karakasli, the editor-in-chief of the newspaper was acquitted in accordance with a regulation in the Press Law that holds managers exempt.
Dink, who spoke at the “Global Security, Terrorism and Human Rights, Multi-Culturalism, Minorities and Human Rights” panel in February 2002, has been sued for “insulting the Turkish identity.” He will stand trial on February 9.
Court deferred fine handed to journalist Karaca
Journalist-writer Emin Karaca was sentenced to five months in prison for “insulting the military forces” by writing articles on the 30th anniversary of the execution of Deniz Gezmis, Yusuf Aslan and Huseyin Inan. The articles were published in 2002 in the “Turkiye’de ve Avrupa’da Yazin” (Literature in Turkey and in Europe) magazine.
The court commuted the prison sentence to a fine of 900 new Turkish liras (USD 670) and then deferred it. Editor-in-chief Mehmet Emin Sert was
acquitted.
Professor Kabaoglu and Professor Oran to stand trial in February
Professor Doctor Ibrahim Kabaoglu, the former head of the Prime Ministry Human Rights Advisory Committee, and committee member Professor Doctor Baskin Oran, have been sued, following an investigation by the Ankara Republic Prosecutor’s Office, because of a report on Minority Rights and Cultural Rights. They will stand trial on February 15, 2006.The two professors face 1.5 years to five years in prison based on articles 216/1 and 301/2 of the Penal Code.
Ankara Ekin Theatre also stands trial
The Ankara Ekin Theatre staged a play named, “How is an Underground Organization Established?” in Kocaeli on October 5, 2002. Ten actors and actresses and Osman Colakoglu, the head of the Education and Science Workers’ Union (Egitim-Sen) have been sued for “insulting the security forces.”
Journalist Ucar answers prosecutor’s questions
Another journalist who may face legal action based on Article 301 is Irfan Ucar. Ucar, the general manager of the “Yeniden Ozgur Gundem” newspaper had to answer the questions at the Beyoglu Republic Prosecutor’s Office for writing an article titled, “Number 301” in his newspaper on December 13, 2005. (EO/EA/YE)
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