Writer Magden Acquitted Under ‘Freedom of Expression’

Zaman, Turkey
July 27 2006

Journalist and writer Perihan Magden has been acquitted in the case
brought against her for allegedly discouraging people to perform
their military service.

The Istanbul 2nd Court of First Instance decided on Thursday to
acquit Magden in the case due to "a lack of legal grounds for the
crime in question."

Writer Magden did not attend the final hearing of the trial. The
presiding judge declared that the actions of the writer constituted
criticism within the limits of freedom of expression.

A lawsuit had been filed against Perihan Magden for her criticism of
Turkey’s compulsory military service. Up to three years in prison had
been sought for Magden for the crimes of "prompting, encouraging or
spreading propaganda to deter people from performing their military
service."

In a column she wrote in December 2005, Magden, 45, defended the
position of Mehmet Tarhan, who was in prison for refusing to do his
military service. In her article, she argued that conscientious
objection – for which there is no provision under Turkish law –
was a fundamental human right.

Speaking after the first hearing in early June, Ms Magden stated
that in her article she had only defended conscientious objection as
a human right – a right that is recognized by the United Nations and
other countries. She had added that she was surprised to find herself
in court, forced to defend herself for what she had written.

Under current Turkish law, all Turkish males have to complete a
military service of up to 15 months.

The European Union has repeatedly criticized Turkey for its lack of
progress under freedom of expression for writers and journalists.

Earlier this year, an Istanbul court dropped a case brought against
Turkish novelist Orhan Pamuk on charges of ‘insulting Turkishness’,
following remarks he had made concerning the killings of Armenians
during the final years of the Ottoman Empire.

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