TURKEY’S TOP COURT: LEAKING OF TELEPHONE CONVERSATION TO MEDIA JUSTIFIED

PanARMENIAN.Net
13.01.2010 20:24 GMT+04:00

/PanARMENIAN.Net/ Turkey’s top court has ruled that the leaking of a
telephone conversation to the media cannot be considered a violation
of privacy because it benefits the public.

The ruling by the Supreme Court of Appeals concerned the phone
conversations of Erhan Tuncel, a police informant, whose role in the
2007 murder of Turkish-Armenian journalist Hrant Dink has yet to be
determined. Police officer Muhittin Zenit, whose phone conversation
with Tuncel was leaked to the press, had demanded damages from
the court.

Zenit had argued that the rule regarding the "confidentiality
of investigation" had been violated by the publication of his
conversation with Tuncel and that he was made a target. He also filed
lawsuits against some media outlets that published or broadcast the
conversation.

But his demand for compensation was rejected by the Fourth Chamber
of the Supreme Court of Appeals, which ruled that the basic principle
in evaluating the case should be "the public good."

"The press is responsible for observing, researching, informing,
educating and directing the public. The basic principle for this is the
public good," the ruling stated and added: "The published conversation
involved intense debates about the murder. The information published
concerns an important issue that is currently under debate, and there
is public good in its dissemination.

Therefore, the act is within the rule of law, and the plaintiff’s
personal rights were not violated," Today’s Zaman cited the Supreme
Court resolution.

Hrant Dink (September 15, 1954 – January 19, 2007) was born in
Malatya. Dink was best known for his role as editor of ‘Agos’ Turkish
and Armenian Language weekly in Istanbul. He worked as the columnist
and editor-in chief of AGOS weekly newspaper, which can be regarded
as the voice of Armenian community, from 1996 until January 19,
2007 when he was shot dead outside of his office.

Investigations concerning Ergenekon clandestine, Kemalist
ultra-nationalist organization have led to suspicions concerning
Ergenekon’s involvement in Dink’s assassination.