ONLY EFFECTIVE JUDICIARY CAN END THREATS AGAINST AGOS NEWSPAPER

BIA Net
Feb 12 2010
Turkey

Armenian Agos newspaper was threatened frequently before and after
the murder of editor-in-chief Hrant Dink. Now the newspaper’s website
has been hacked. Lawyer Cetin criticized that the judiciary lacks
efficiency for crimes committed via the internet.

Bawer Cakır – Erhan Ustundag Istanbul – BÄ°A News Center12 February
2010, Friday RELATED NEWS Armenian Agos Newspaper’s Website Hacked
Most of the threats aimed at Agos newspaper founder Hrant Dink prior
to his assassination in 2007 were not legally sanctioned. Fethiye
Cetin, joint attorney of the weekly newspaper publishing in Turkish
and Armenian, pointed out the internet is a medium very difficult to
control and said that threats via the internet have increased despite
a number of positive court decisions. Most recently, a hacker forced
access to the website of Agos and posted a photograph of Dink murderer
suspect Ogun Samast.

Cetin indicated that subsequent to the murder of Dink, the approach
of the main stream media has changed. "Racist groups in particular
publish hate speeches and organize racist attacks via the internet",
Cetin stated.

Problematic approach of the judiciary The Turkish Criminal Code
(TCK) orders prison sentence for entering the IT system illegally
and obstructing its operation.

In lawyer Cetin’s opinion, the recent incident related to the Agos
website comprises a number of additional crimes, namely inciting
the public to hatred and hostility, praising crimes and criminals,
threat and insult.

The text posted on the website included sentences like "You either
like it or you leave". It furthermore voices threats concerning
similar murders in the future.

According to Cetin, the perception of crime is the reason for the
inefficiency of the judiciary. "Immediate action can be taken for a
number of crimes. However, there is no mindset to oppose crimes that
really obstruct our lives and that sabotage our common future".

Positive decisions Dink had received several threats prior to the
murder, none of which was sanctioned. After the murder, newspaper
lawyers received threats via the internet in particular but their
applications related to the threats were not considered.

After the murder on the other hand, the courts issued decisions
with intimidating potential in four different cases. The Å~^iÅ~_li
(Istanbul) 2nd Magistrate Criminal Court sentenced Kenan Celepoglu to
a monetary fine of 8,000 Turkish Lira (TL) because he sent e-mails to
the newspaper which contained insults, threats and racism. The court
could identify Celepoglu upon the lawyers’ application regarding
messages sent by an unknown person.

On 28 May 2009, the Å~^iÅ~_li 1st Criminal Court of First Instance
handed down a three years and three months prison sentence to Muhammet
Karayı because he had threatened the newspaper staff and Armenian
people by e-mail on 25 January 2007.

Zafer Filiz received a three years prison sentence from the Å~^iÅ~_li
9th Criminal Court of First Instance on 20 March 2008 by reason of
threatening the newspaper twelve days after the murder of Hrant Dink.

The same court sentenced 19-year-old Rıdvan Dogan to two years
imprisonment on the grounds of threats sent to the newspaper subsequent
to the murder; the court decided to suspend the sentence.