THE MOST TOUCHY APPARATUS: THE STATE
Erol ONDEROGLU
14/02/2006
BIA, Turkey
March 8 2006
In 2005 157 cases were opened against for expressions of ideas, 29
people stood trial on grounds of article 301, 17 for “influencing the
court decision,” 15 on grounds of article 216; the media was fined 1,
491, 594 new Turkish liras in damages.
The seven months that passed after the new Turkish Penal Code (TCK)
went into effect, have proved that the human rights activists who fight
for freedom of expression in Turkey were right in criticizing this law.
In the second half of the year, the government’s and state’s
intolerance became obvious in the events of criticism against the
Turkish identity, state institutions such as the Security Forces or
Armed Forces, or discussions of human rights issues such as torture
or extra-judicial killings or historic issues.
157 people before courts in freedom of expression cases
“The Network for Monitoring and Covering Media Freedom and Independent
Journalism” – BIA² Media Monitoring Desk released three separate
Three-Monthly Media Monitoring Reports in 2005 and drew attention to
the cases brought against journalists, intellectuals, publishers and
human rights activists. According to these reports, all of the 157
journalists, publishers, and human rights activists called attention
to the juridical practices in cases opened against them and said
everyone who states and opinion or makes a criticism, may face a
prison sentence.
The 39-page report covers 200 cases and the situations of 319
journalists, writers and human rights activists under the titles of,
“attacks and threats,” “detentions and arrests,” “cases and attempts,”
“European Court of Human Rights,” “RTUK practices,” “regulations and
seeking rights,” and “Reactions to censorship.”
29 people charged under article 301
A total of 29 journalists, writers and publishers have been taken to
court on grounds of article 301 of the TCK on “insulting the Turkish
identity, Republic, and the institutions of the State.” Some trials
are still continuing. Local courts have convicted eight people in
these cases.
Journalist Rahmi Yildirim, who was acquitted by a local court has
appealed the decision of acquittal and thus has not yet been absolved.
Within the year 2005, local courts have handed out a total fine of
12,900 new Turkish liras (USD 9,700), 900 new Turkish liras (USD 677)
of which was deferred, and a total prison term of 4 years, 1.5 years
of which was deferred to radio employee Sabri Ejder Ozic, writer Emin
Karaca, journalist Hrant Dink, writer Zulkuf Kisanak, publisher Fatih
Tas, Cagri magazine owner Aziz Ozer and magazine reader Erkan Akay.
New charges against 17 journalists: Interfering with the court
decisions
17 journalists, who discussed current human rights issues, such as the
Kiziltepe case, the cancellation of the Ottoman Armenians Conference,
and Torture case, through their reports or articles, are being charged
with “Influencing the court decision,” and “Attempting to Influence
Fair Trial,” based on the Press Law and the Penal Code.
Ender Can Cevahir, Fehmi Koru, Mehmet Sucu, Ilhan Selcuk, Ibrahim
Yildiz, Ilhan Tasci, Alper Turgut, Hrant Dink, Aydin Engin, Serkis
Seropyan, Arat Dink, Hasan Cemal, Murat Belge, Haluk Sahin, Erol
Katircioglu and Ismet Berkan face fines or prison sentences if found
guilty in these trials.
15 people taken to court based on article 216
15 journalists and/or human rights activists have been taken to court
in 2005 based on article 312 of the old TCK on “hidden incitement of
crime,” or article 216 of the new TCK on “inciting hatred and enmity
or humiliation.” Some of these cases will continue through 2006.
Professor Doctor Ibrahim Kabaoglu, the former head of the Prime
Ministry Human Rights Advisory Board, and Board member Professor
Doctor Baskin Oran face five years in prison for the Minority Rights
and Cultural Rights Working Group Report released in October 2004.
Kabaoglu and Oran are charged based on both article 216/1 and 301/2.
A Bagcilar court has rejected the Supreme Court of Appeals’ decision
to overturn a penalty handed to writer Cemil Tokpinar of the ‘Yeni
Asya’ (New Asia) newspaper for writing “Earthquake is a Godly
Warning.” Writer Tokpinar, who had been charged based on article
312, was found guilty based on article 216 too. The one-year prison
sentence handed out to the writer has been commuted to a fine of
7,300 new Turkish liras (USD 5,490).
12 journalists stand ‘terrorism’ trials, four stand ‘Ataturk’ trials
and five stand ‘Mafia’ trials
12 journalist-writers are being charged with ‘disseminating terrorist
propaganda’ based on TCK or the anti-Terrorism Law. Among these
journalists are Radikal reporter Nese Duzel, Hurriyet reporter Sebati
Karakurt, journalist Ertugrul Mavioglu and ATV producer Ali Kirca.
Four people are being charged with violating the Law On Crimes
Committed Against Ataturk No: 5816, while five people are standing
trial for reports on the Mafia.
Journalists sued for a total of 1,491,592 new Turkish liras in
compensation
Journalists are facing a total of 1,491,594 new Turkish liras (USD
1,120,000) in more than 30 compensation cases, generally brought by
individuals working in public posts and by politicians.
The 40,000 new Turkish lira (USD 30,080) compensation case opened by
Prime Minister Erdogan against the “Penguen” magazine for violating
his personal rights is still continuing. The 20,000 new Turkish lira
(USD 15,000) compensation case brought against the magazine by Culture
and Tourism Minister Atilla Koc is also continuing in an Ankara court.
The Supreme Court of Appeals has overturned the decision of an Ankara
court, which had ruled Sefer Selvi, the caricaturist for the “Gunluk
Evrensel” (Daily Evrensel) newspaper has to pay 10,000 new Turkish
liras (USD 7,500) in compensation for a caricature which went along
with an article titled, “AKP’s deep head.”
Prime Minister Erdogan had sued “Cumhuriyet” (Republic) newspaper
caricaturist Musa Kart for a drawing, and Gaziantep “Zaman” (Time)
newspaper columnist Halil Eyupoglu for an article on Cyprus, saying his
personal rights had been violated and asking for damages. The prime
minister had won those cases. In a separate damages suit Erdogan
brought against the “Sakarya” newspaper for the same Musa Kart
caricature, an Eskisehir court ruled: “the said caricature, which
makes irony through humor and photomontage, is within the limits of
criticism and thus is found to be in line with law. Mr.
President, who has served in prison for a long time because of a poem,
should be more tolerant towards such criticism.” The court refused
the suit.
A local court is hearing the witnesses in the damages case the MOPAK
Company brought against the “Guney Ege” (Southern Aegean) newspaper
in Mugla. The company has asked for 300,000 new Turkish liras (USD
226,000) in damages. The newspaper had claimed that the company
pollutes the environment and disregards the rights of its employees.
Memik Horuz still in prison
Less number of journalists were arrested in 2005, compared to the
previous year: A total of six media employees were imprisoned. Among
them was DIHA reporter Birol Duru, who was released after spending
4.5 months in prison. The rest were released along with three other
media employees who had been arrested the previous year. In 2004,
15 journalists had been sent to prison, and a total of eight had
been released. Three of the eight had been arrested during the
previous years.
According to the report, only Memik Horuz, the general manager of the
“Isci-Koylu” (Laborer-Villager) magazine is in prison at the moment
for journalistic activities. Cengiz Dogan, the head of the “Mavi”
(Blue) and “Kent” (Town) newspapers published in Nusaybin, is at the
Mardin E-type prison for “disseminating terrorist propaganda” and
“praising the crime and the criminal” by publishing PKK statements.
Suleyman Tekin, the general manager of the same magazine, had been
arrested on August 31, for attending a demonstration staged when
the body of a killed Syrian PKK militant was being sent back to his
country. Tekin was released in the beginning of November.
Less detentions, more violence against journalists
Only seven reporters were detained in 2005, compared with a total
of 53 in 2004. DIHA reporter Kadir Ozbek, and Tunceli reporter Rustu
Demirkaya were detained while covering the return of private Coskun
Kirandi, who had been kidnapped by PKK. DHA reporter Ferit Demir,
and Anatolia Agency reporter Haydar Toprakci were detained on August 4.
The journalists were also sued for “disseminating terrorist
propaganda.”
However, the decrease in the number of detentions was not followed
by a decrease in violence against journalists and media organizations:
In 2004, a total of 20 journalists, covering demonstrations and two
media companies were attacked. In 2005, a total of 22 journalists
and 16 media companies were attacked.
A group of Karsiyaka Sport Club fans raided the “Ege TV” (Aegean
TV) studios in Izmir. The group, chanting slogans, injured four
people and caused damage. Also, guns were fired at the offices of
the “Cagdas Kars Haber” (Contemporary Kars News) newspaper on the
night of December 1. The printing office of the local “Odak” (Focus)
newspaper in Afyonkarahisar was bombed.
At least five Internet sites were also attacked: internethaber.com,
the Web sites of the “Soz” (Word) newspaper in Diyarbakir, the
“Ulkede Ozgur Gundem” (Free Agenda in the Country) newspaper, the
monthly online magazine “Iktidarsiz” (Impotent) and the weekly “Agos”
newspaper were hacked.
Another thing revealed by the report was the fact that the cases
brought by journalists who were attacked, detained or threatened,
against the police, paramilitary police or other security forces,
do not lead to a positive result.
ECHR fined Turkey 757, 955 new Turkish liras in damages in 2005
The fines the European Court of Human Rights handed Turkey in 2004 in
cases about journalist murder, freedom of expression and free trial,
increased when compared with the fines handed in 2004: while in 2004,
Turkey paid 224,000 new Turkish liras (USD 168,000) in damages,
in 2005, it was fined to pay 757,955 new Turkish liras (570,000)
in cases opened by 46 individuals, 12 of whom were journalists.
The ECHR, through its rulings, penalized implementations of the former
State of Emergency Law, the State Security Courts, the Assembly and
Demonstration Law No: 2911, and the Anti-Terrorism Law.
The three Conditional Amnesty Laws passed up until the year 2000 was
regarded as placing ipotek on the freedom of expression.
RTUK delays Kurdish broadcasts; Kurdish remembered only during EU
negotiations
Zahid Akman, the head of the Radio and Television Higher Board (RTUK),
had stated during the year-end meeting that local and regional media
companies, that have been waiting for permissions to broadcast
Kurdish programs, would be able to initiate those broadcasts in
January 2006. However, 12 media organizations have still not received
the go-ahead.
Cemal Dogan, the general manager of the Gun TV in Diyarbakir, who has
been waiting for permission for the Kurdish broadcasts since January
25, 2004, when the related regulation went into effect, believes they
are being put off.
Less censorship by RTUK
RTUK had ordered Adana Radyo Dunya (Radio World) off the air for 30
days for “disseminating separatist propaganda” and “inciting hatred
and enmity” by promoting a book. RTUK reevaluated on November 23,
2005 the broadcast monitoring reports of August 2004, and ordered
Ankara Radyo Imaj (Radio Image) off the air for the same reason.
RTUK, has suspended a total of 25 programs for violating broadcasting
principles outlined in article 4 of Law No: 3984. 17 programs were
suspended once, two programs twice and six programs for three times.
RTUK, which suspended programs for 44 times, handed out 242 warnings
to local and national media and asked for defense 69 times, applied
less censorship in 2005: According to the RTUK Web site, except the
program penalties, defense was required in 67 cases, and 186 warnings
were handed out. Four television channels were fined.
RTUK, which handed out most penalties for programs that “negatively
affect children,” in 2004, did not change its attitude in 2005: 20
national television channels gave defense statements, 33 received
warnings, programs in nine television channels were suspended, and
four were fined.
In 2004, a total of 27 television channels had given defense
statements, 15 had their programs suspended, and a total of 48 media
companies, five of which were local, received warnings for the same
reason.
–Boundary_(ID_hXH8sZHFsi/ATH7/dkPqi A)–
From: Emil Lazarian | Ararat NewsPress