FREEDOM OF EXPRESSION UNDER NATIONALIST SIEGE
Erol Onderoglu
BÝA, Turkey
Feb 19 2007
Monitoring media freedoms and rights in Turkey, BIA² discloses its
2006 Report. Cases against journalists, publishers and activists rose
to 293 last year where the infamous article 301 of the new Penal Code
reached international scene as intransigent tool
BÝA (Istanbul) – 2006 turned out to be the year when both the ruling
Justice and Development Party (AKP) and the main opposition Republican
People’s Party (CHP) confirmed their places siding with restrictions
faced with freedoms in Turkey.
We witnessed the huge and numerous problems regarding freedom of
expression and press, caused by the wording as well as the philosophy
behind the legislation that those two parties enacted as reforms at
the National Assembly.
In an environment where state institutions and security forces are
held sacred, the new Turkish Penal Code, entwined with imprisonment
sentences and criminalizing the ambiguous act of "insulting
Turkishness" resulted in arbitrary trials and prosecutions, which
took the infamous article 301 of the Code to international attention
in 2006.
In contrast to the trends in international law, even criticism against
state institutions were treated with a threat of imprisonment ranging
up to three years.
As a matter of fact, BIA² Media Monitoring Desk’s compilations conclude
that the number of prosecuted journalists, publishers and activists
had risen to 293 in 2006, in comparison to 157 in the previous year.
72 of those have been prosecuted under article 301 of the Penal
Code (article 159 in the previous legislation). 35 people have been
tried with article 216; eight on Law on Crimes Against Ataturk and
24 with allegations of "influencing the jurisdiction" with reference
to different legislation.
37-page report classifies 318 different cases and 449 journalists,
publishers and activists involved under the headlines "attacks
and threats", "detentions and arrests ", "trials and initiatives",
"European Court of Human Rights", "RTUK applications", "adjustments
and seeking justice" and "Reaction to censorship""
Websites new targets for attacks
According to the report 26 journalists and two media outlets have
been assaulted while seven journalists have been threatened and three
websites have been hacked by nationalists in 2006. 33 journalists
and 16 media outlets had been assaulted the previous year.
For example, journalist Metin Uca was attacked and injured following
a seminar in Gazi University and offices of daily Cumhuriyet were
targeted with hand grenades on two accounts.
Far and foremost PM Recep Tayyip Erdogan and other government members
frequently made declarations where they blamed the press.
Sports commentator Hasmet Babaoglu said that he’d received threats
after criticizing Mateja Kezman’s transfer to Fenerbahce during the
"90 Minutes" programme broadcasted on NTV.
Seven people convicted of article 301
Complaints filed by the General Staff, Police Department and
nationalist circles as well as problems that arose during the judicial
process brought the article 301 of the Penal Code into international
attention. Number of individuals tried with the article in question
went up to 72 from 29 in the previous year.
Hrant Dink, Sabri Ejder Ozic, Eren Keskin, Aziz Ozer, Erol Ozkoray,
Mehmet Fethi Dorduncu and Hanefi Bekmezci had been convicted on
those cases.
Before falling victim to a murder on January 19, 2007, Turkish-Armenian
writer Hrant Dink had been prosecuted once again for saying that "he
recognizes the Armenian Genocide allegations" during an interview
with the Reuters agency and publishing a news on the campaign for
the abolition of the very article he’d been tried of.
Owner of his newspaper Agos, Sarkis Seropyan and responsible director
Arat Dink will also be tried on that account.
13 of the cases filed with reference to the article 301 were acquitted
while five cases were dropped because of prescription or lack of
consent from the Ministry of Justice.
Courts prone to influence by the press!
24 journalists have been subjected to legal intervention with reference
to articles 277 and 288 of the Penal Code and article 19 of the Press
Law which defines the crime of "influencing a fair trial".
Hurriyet daily columnist Ahmet Altan was tried and acquitted on one
account for his article titled "Child Who Lost His Name" where he
commented on documents related to an ongoing legal case.
Lube Ayar, Ýsmail Saymaz, Faruk Cakýr, Ýbrahim Yýldýz, Necdet Tatlýcan,
Hrant Dink, Aydýn Engin, Serkis Seropyan, Arat Dink, Guray Oz,
Murat Yetkin, Ýlhan Selcuk, Mehmet Sucu, Murat Belge, Ýsmet Berkan,
Haluk Þahin, Erol Katýrcýoðlu, Hasan Cemal, Nalan Akgun, Azer Banu
Kemaloðlu and Ender Can Cevahir frequented court rooms for allegations
of attempting to influence the judicial process.
Cumhuriyet daily reporter Alper Turgut has been convicted for
reporting a case where police officers were acquitted by prescription
on allegations of torture.
Three convictions for allegations of "inflaming hatred and hostility"
Article 216 of the Penal Code, which penalizes "inflaming hatred
and hostility among peoples" continue creating controversy following
ambiguous interpretations by the Supreme Court.
While four other cases resulted in acquittals, Islamist writers Emine
Þenlikoðlu, Mehmet Þevket Eygi and Samir Cebeci were convicted on
allegations related to the article.
Elaborate legal attention to news related to the military
As of 2007, writers will be tried at Specialized High Criminal
Courts established to replace the disputed State Security Courts on
allegations of "diverting public from military service" or "making
terrorist organization propaganda".
Hurriyet daily reporter Sebati Karakurt and responsible directors
Necdet Tatlýcan and Hasan Kýlýc as well as Milliyet daily reporter
Namýk Durukan face upto five years imprisonment for their pieces on
pro-Kurdish guerilla group Kurdistan Workers’ Party (PKK).
Daily Birgun’s Sunday supplement editor Gokhan Gencay and responsible
director Ýbrahim Ceþmecioðlu is on trial with allegations of "diverting
public from military service" for an interview on conscientious
objection while Ulkede Ozgur Gundem daily reporter Birgul Ozbarýþ faces
a total of 21 years in prison for several cases on the same article.
Journalist Perihan Maðden has been acquitted on a similar allegation.
Three million euros worth of actions for damages against the press
Last year number and cost of suits for damages against those who
expressed their views also accrued: Army Cooperation Instution (OYAK)
has filed cases against five journalists demanding 5 million YTL
(around 2,5 million euros) in damages for critical articles of a
tender in which the institution was involved.
In 2006, counting the actions for damages filed by OYAK, MOPAK
and gold mine firms that continue using cyanide in explorations in
Bergama, total worth of damages requsted from journalists amounted
to 6 million 60 thousand YTL (around 3 million euros). It was 1,
5 million YTL the previous year.
"Insulting Ataturk" cases rest as usual
Journalist Ýpek Calýþlar, writer of Ataturk’s partner Latife Haným’s
biography as well as Aram publishing house owner Fatih Taþ who released
John Tirman’s ""Spoils of War: The Human Cost of America’s Arms Trade"
and its translators had benn acquitted on allegations of "insulting
Ataturk", the founder of the Rebuplic of Turkey.
Despite this positive development, publisher Ragýp Zarakolu and two
translators are still on trial in relation with this law.
Furthermore, Peri Publishing House owner Ahmet Onal has been
convicted on a case against the book, "Ambitions and Prisoners"
by Evin Cicek. Nationalist and Kemalist circles have targeted Prof.
Atilla Yayla, following his critical comments of Ataturk during
a conference.
Alternating journalists in prisons
In 2006 three media workers were released as four others got
imprisonment sentences. Those arrested following an operation
launched against the outlawed Marxist Leninist Communist Party (MLKP)
organization are still not charged after six months. Among the 36
arrested are Ýstanbul Ozgur Radyo broadcast coordinator Fusun Erdoðan,
Atýlým newspaper editor-in-chief Ýbrahim Cicek and coordinator Sedat
Þenoðlu.
In another raid by security forces to the leftist Ozgur Halk and
Genc Bakýþ magazines, concessionaire Suat Kolca and three workers
were arrested.
Two DÝHA-Dicle News Agency reporters who were arrested on allegations
that molotov coctails were found in their vehicle during the
anniversary of PKK leader Abdullah Ocalan’s arrest had been released
after nine moths in prison.
Number of condemnations in the ECHR decrease
Number of convictions and cost of damages given by the European Court
of Human Rights (ECHR) against Turkey in cases involving freedom of
expression decreased in 2006.
During the year the strasbourg court ruled for damages amounting
to 221 thousand euros to 45 individuals. This figure was around 400
thousand euros in 2005.
No regulation but penalties in broadcasting
Turkey’s Radio and Television Supreme Board (RTUK) conducted several
meetings with tv broadcasters following public reaction to day time
so-called women’s and magazine programmes.
After a complaint by RTUK on grounds of "unlicensed broadcast"
regarding Ýmaj Radio, a court decision said "the Board recognizes
the radio’s existence when collecting dues from advertisement income
and now try to complain about unlicensed broadcasts". RTUK is yet to
conduct license allocations since more than 10 years when private-owned
stations went into air.
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