BIAnet, Turkey
Jan 4 2009

Press Freedom Wins at Court of Appeals

The Court of Appeals overruled the decision regarding a compensation
claim to be paid by NTV for publishing a phone talk between Dink
murder case defendant Tuncel and police officer Zenit. The reversal of
the previous decree stresses the right to inform and the freedom of
the press.

Erol Ã-NDEROGLU Istanbul – BÄ°A News Center04 January 2010, Monday The
Court of Appeals 4th Law Office overruled a decision concerning a
compensation claim lodged against NTV. The Turkish news channel had
been convicted for publishing a telephone conversation between
intelligence police officer Muhittin Zenit and defendant Erhan Tuncel,
suspect in the murder trial of Turkish-Armenian journalist Hrant Dink.

The Ankara 1st Criminal Court of First Instance had partly accepted a
90,000 TL (approx. ?¬ 41,000) compensation claim in a previous
decision. The Court of Appeals Law office overruled the decision
emphasizing the media’s "duty to inform".

"Within the boundaries of the right to inform"
"The complainant’s freedom of communication has not been violated by
the publication of the conversation. The issue of the case is a news
item which is related to the development regarding the Dink murder,
which induced a large echo in public, and to the significance of the
case. This kind of news ranges within the boundaries of the right to
inform and is accordant to the law".

Intelligence police officer Zenit had filed a 90,000 TL compensation
claim against NTV based on several news items published on 28, 29 and
30 September 2007. The news channel had reported about a telephone
conversation the police officer had with defendant and gendarmerie
informant Tuncel half an hour after the murder of journalist Hrant
Dink on19 January 2007. Zenit opened the case because of an alleged
attack on his personal rights by the news.

In the referring telephone conversation Zenit said, "What, they shot
him directly in the head… This is the only difference. He was not
going to run away, but this one did". Zenit also sues bianet for
publishing news about the content of the phone talk, the compensation
case is pending while the penal proceedings entered an order of nolle
prosequi in November.

After the publications, Zenit opened a case for damages at the Ankara
1st Criminal Court of First Instance claiming an ‘attack on his
personal rights’. Zenit also put forward that the record of the
conversation was published while the Dink murder case was still
pending and that the rules of secrecy had been violated.

The joint attorneys representing NTV emphasized in their defence that
the news items were published in the scope of the public’s right to be
informed and the media’s duty to inform. Additionally, the lawyers
drew attention freedom of the press. (EÃ-/VK)