Reporters without borders, France
March 18 2005
Press freedom threatened by new criminal law as journalists are mired
in legal cases
Reporters Without Borders expressed its backing for Turkish
journalists as some 250 of them demonstrated in the streets of
Istanbul on 17 March calling for the shelving of a new criminal law
threatening press freedom.
Turkish media have condemned restrictive measures in the new law that
is due to come into force on 1st April 2005, at a time when the
government appeared to have shaken off its former reflex of cracking
down on journalists, the worldwide press freedom organisation said.
“Far from bringing Turkish law into line with European law over free
expression, some articles look like making it easier to bring legal
action against journalists, it said, adding, “We call for the law to
be amended to abolish prison terms for press offences.”
Elsewhere, the prime minister Recep Tayyip Erdogan has brought
defamation cases and is seeking heavy damages from two cartoonists.
Musa Kart, working for the leftist daily Cumhuriyet (40,000
circulation) was on 21 December 2004, fined 3,000 euros by an Ankara
court for drawing the president with a cat’s head.
Judges ruled that the cartoon published on 9 May 2004 was “liable to
humiliate the prime minister”. Kart’s lawyer lodged an appeal on 22
February.
The prime minister also laid a defamation complaint against Sefer
Selvi who drew his adviser Cüneyt Zapsu perched on his back, in the
left wing paper Günlük Evrensel. The trial is still going on.
Journalists take to the streets
Some 250 journalists demonstrated in the streets of Istanbul on 17
March to try to persuade the government to delay the new law due to
come into force on 1st April. The press wants it to be shelved for at
least six months, on the grounds that it contains many restrictions
on press freedom and that some of the articles, drawn up in terms
that are too vague, could mean an increase in legal action against
journalists.
“Insulting a person, in a way liable to humiliate, dishonour and
assail his dignity” (Article125 of new criminal law) is punishable by
three months to two years in prison. The sentence can be increased by
one third if the offence is committed in the press (Paragraph 4).
Another controversial article, 305, imposes a prison sentence of
three to 10 years and a fine for any claim relating to the “Armenian
genocide” or “withdrawal of Turkish forces from Cyprus,” seen as
being contrary to fundamental national interest.
The sentence can be increased to 15 years if the claim is made in the
press. Dozens of journalists have been imprisoned in the past for
simply expressing an opinion on these questions.
Elsewhere, before the new law comes into effect, the courts appear to
have stepped up convictions for “insulting the army”. The relevant
article – 159/1 – is due to be abolished after 1st April.
Columnist Erol Özkoray of the pro-Kurdish daily Ozgur-Gundem heard
from the high court in Sisli, Istanbul on 16 March that he had been
sentenced to one year in prison or payment of 1,000 euros damages for
articles posted on the website www.ideapolitika, on 26 November 2001,
headlined, “What use is the Army” and “New barbarians and Taliban in
epaulettes”.