JOURNALIST SAYMAZ ON TRIAL FOR ARTICLES ABOUT ERGENEKON DEFENDANT

BIAnet.org
April 26 2010
Turkey

Radikal newspaper journalist Saymaz will stand trial on 29 April
for his critical news items concerned with "Ergenekon" defendant
Å~^ahin. At the same time, Star newspaper writer Tayyar was sentenced
to 15 months’ imprisonment.

Erol ONDEROÄ~^LU hukuk@bianet.org Istanbul – BÄ°A News Center26 April
2010, Monday Radikal newspaper reporter Ä°smail Saymaz will be tried
under allegations of "violating the secrecy of the investigation" and
the "attempt to influence a fair trial" on the grounds of an article
questioning the role of Special Forces Department Deputy Chief Ä°brahim
Å~^ahin, Ergenekon defendant and convict of the Sursurluk scandal.

Saymaz’s prosecution is based on his article entitled "Creepy questions
that were not answered by Å~^ahin" published in the Radikal daily
on 11 February 2009 and on the follow ups entitled "Interrogation
of Ibrahim Å~^ahin stretches out to the TSK [Turkish Armed Forces]",
"Questions on bomb and map remain unanswered" and "Å~^ahin’s message
that ‘Armenians should die’".

Hearing on 29 April Public Prosecutor Pircan Barut Emre prepared the
indictment on 12 January. It says that Saymaz, "violated the secrecy of
the investigation by publishing pictures of people who are suspected
guilty related to the investigation and by publishing details of the
investigation. He published pictures that stigmatized people guilty
during the phase of investigation and prosecution. Considering the way
the news was published it did not fulfil the conditions of secrecy. He
misused his right to inform and to criticize in an unlawful manner".

Saymaz stands furthermore accused of violating the restriction decision
taken by the Istanbul 13th High Criminal Court in the hearing on 30
July 2008 and of intentionally influencing a fair trial in respect
to the allegations drawn against Å~^ahin.

The case filed against Radikal editorial manager Hasan Cakkalkurt
on 28 March 2009 resulted in the acquittal of Cakkalkurt. The court
decided that Saymaz was to be held responsible for the articles and
thereupon opened the trial against him.

Journalist Saymaz will appear before the 1st Criminal Court of First
Instance in Bakırköy (Istanbul) on 29 April. He is facing prison
sentence of up to nine years according to articles 285 and 288 of
the Turkish Criminal Code (TCK).

The General Staff Presidency suspended the accreditation for Radikal
on 13 February 2009 by reason of false information conveyed by the
news articles.

On 11 and 12 February, Radikal published a statement made by Å~^ahin
to the prosecutor saying that he had formed a team of 300 people for
domestic cleaning and that the General Staff knew about it.

Media Association condemned Tayyar’s punishment Å~^amil Tayyar,
Ankara correspondent of the Star newspaper, was handed down a
15 months’ prison sentence by the Bakırköy 2nd Criminal Court
of First Instance. On 22 June 2009, he had reported about Colonel
Dursun Cicek, who supposedly signed the "Plan against Reactionary
Forces", to have signed his related statement at the prosecutor with
a different signature.

Tayyar had previously been sentenced to a total of 35 months
imprisonment in two different cases. Tayyar had written that "despite
the directive of Prime Minister Erdogan, the AK Party [ruling
Justice and Development Party] is delaying the amendments of the
Turkish Criminal Code and it is no longer of my concern". The Media
Association had condemned the punishment imposed on Tayyar. (EO/VK)