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ANKARA: The Most Touchy Apparatus: The State

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  • ANKARA: The Most Touchy Apparatus: The State

    THE MOST TOUCHY APPARATUS: THE STATE
    Erol ONDEROGLU
    14/02/2006

    BIA, Turkey
    March 8 2006

    In 2005 157 cases were opened against for expressions of ideas, 29
    people stood trial on grounds of article 301, 17 for "influencing the
    court decision," 15 on grounds of article 216; the media was fined 1,
    491, 594 new Turkish liras in damages.

    The seven months that passed after the new Turkish Penal Code (TCK)
    went into effect, have proved that the human rights activists who fight
    for freedom of expression in Turkey were right in criticizing this law.

    In the second half of the year, the government's and state's
    intolerance became obvious in the events of criticism against the
    Turkish identity, state institutions such as the Security Forces or
    Armed Forces, or discussions of human rights issues such as torture
    or extra-judicial killings or historic issues.

    157 people before courts in freedom of expression cases

    "The Network for Monitoring and Covering Media Freedom and Independent
    Journalism" - BIA² Media Monitoring Desk released three separate
    Three-Monthly Media Monitoring Reports in 2005 and drew attention to
    the cases brought against journalists, intellectuals, publishers and
    human rights activists. According to these reports, all of the 157
    journalists, publishers, and human rights activists called attention
    to the juridical practices in cases opened against them and said
    everyone who states and opinion or makes a criticism, may face a
    prison sentence.

    The 39-page report covers 200 cases and the situations of 319
    journalists, writers and human rights activists under the titles of,
    "attacks and threats," "detentions and arrests," "cases and attempts,"
    "European Court of Human Rights," "RTUK practices," "regulations and
    seeking rights," and "Reactions to censorship."

    29 people charged under article 301

    A total of 29 journalists, writers and publishers have been taken to
    court on grounds of article 301 of the TCK on "insulting the Turkish
    identity, Republic, and the institutions of the State." Some trials
    are still continuing. Local courts have convicted eight people in
    these cases.

    Journalist Rahmi Yildirim, who was acquitted by a local court has
    appealed the decision of acquittal and thus has not yet been absolved.

    Within the year 2005, local courts have handed out a total fine of
    12,900 new Turkish liras (USD 9,700), 900 new Turkish liras (USD 677)
    of which was deferred, and a total prison term of 4 years, 1.5 years
    of which was deferred to radio employee Sabri Ejder Ozic, writer Emin
    Karaca, journalist Hrant Dink, writer Zulkuf Kisanak, publisher Fatih
    Tas, Cagri magazine owner Aziz Ozer and magazine reader Erkan Akay.

    New charges against 17 journalists: Interfering with the court
    decisions

    17 journalists, who discussed current human rights issues, such as the
    Kiziltepe case, the cancellation of the Ottoman Armenians Conference,
    and Torture case, through their reports or articles, are being charged
    with "Influencing the court decision," and "Attempting to Influence
    Fair Trial," based on the Press Law and the Penal Code.

    Ender Can Cevahir, Fehmi Koru, Mehmet Sucu, Ilhan Selcuk, Ibrahim
    Yildiz, Ilhan Tasci, Alper Turgut, Hrant Dink, Aydin Engin, Serkis
    Seropyan, Arat Dink, Hasan Cemal, Murat Belge, Haluk Sahin, Erol
    Katircioglu and Ismet Berkan face fines or prison sentences if found
    guilty in these trials.

    15 people taken to court based on article 216

    15 journalists and/or human rights activists have been taken to court
    in 2005 based on article 312 of the old TCK on "hidden incitement of
    crime," or article 216 of the new TCK on "inciting hatred and enmity
    or humiliation." Some of these cases will continue through 2006.

    Professor Doctor Ibrahim Kabaoglu, the former head of the Prime
    Ministry Human Rights Advisory Board, and Board member Professor
    Doctor Baskin Oran face five years in prison for the Minority Rights
    and Cultural Rights Working Group Report released in October 2004.

    Kabaoglu and Oran are charged based on both article 216/1 and 301/2.

    A Bagcilar court has rejected the Supreme Court of Appeals' decision
    to overturn a penalty handed to writer Cemil Tokpinar of the 'Yeni
    Asya' (New Asia) newspaper for writing "Earthquake is a Godly
    Warning." Writer Tokpinar, who had been charged based on article
    312, was found guilty based on article 216 too. The one-year prison
    sentence handed out to the writer has been commuted to a fine of
    7,300 new Turkish liras (USD 5,490).

    12 journalists stand 'terrorism' trials, four stand 'Ataturk' trials
    and five stand 'Mafia' trials

    12 journalist-writers are being charged with 'disseminating terrorist
    propaganda' based on TCK or the anti-Terrorism Law. Among these
    journalists are Radikal reporter Nese Duzel, Hurriyet reporter Sebati
    Karakurt, journalist Ertugrul Mavioglu and ATV producer Ali Kirca.

    Four people are being charged with violating the Law On Crimes
    Committed Against Ataturk No: 5816, while five people are standing
    trial for reports on the Mafia.

    Journalists sued for a total of 1,491,592 new Turkish liras in
    compensation

    Journalists are facing a total of 1,491,594 new Turkish liras (USD
    1,120,000) in more than 30 compensation cases, generally brought by
    individuals working in public posts and by politicians.

    The 40,000 new Turkish lira (USD 30,080) compensation case opened by
    Prime Minister Erdogan against the "Penguen" magazine for violating
    his personal rights is still continuing. The 20,000 new Turkish lira
    (USD 15,000) compensation case brought against the magazine by Culture
    and Tourism Minister Atilla Koc is also continuing in an Ankara court.

    The Supreme Court of Appeals has overturned the decision of an Ankara
    court, which had ruled Sefer Selvi, the caricaturist for the "Gunluk
    Evrensel" (Daily Evrensel) newspaper has to pay 10,000 new Turkish
    liras (USD 7,500) in compensation for a caricature which went along
    with an article titled, "AKP's deep head."

    Prime Minister Erdogan had sued "Cumhuriyet" (Republic) newspaper
    caricaturist Musa Kart for a drawing, and Gaziantep "Zaman" (Time)
    newspaper columnist Halil Eyupoglu for an article on Cyprus, saying his
    personal rights had been violated and asking for damages. The prime
    minister had won those cases. In a separate damages suit Erdogan
    brought against the "Sakarya" newspaper for the same Musa Kart
    caricature, an Eskisehir court ruled: "the said caricature, which
    makes irony through humor and photomontage, is within the limits of
    criticism and thus is found to be in line with law. Mr.

    President, who has served in prison for a long time because of a poem,
    should be more tolerant towards such criticism." The court refused
    the suit.

    A local court is hearing the witnesses in the damages case the MOPAK
    Company brought against the "Guney Ege" (Southern Aegean) newspaper
    in Mugla. The company has asked for 300,000 new Turkish liras (USD
    226,000) in damages. The newspaper had claimed that the company
    pollutes the environment and disregards the rights of its employees.

    Memik Horuz still in prison

    Less number of journalists were arrested in 2005, compared to the
    previous year: A total of six media employees were imprisoned. Among
    them was DIHA reporter Birol Duru, who was released after spending
    4.5 months in prison. The rest were released along with three other
    media employees who had been arrested the previous year. In 2004,
    15 journalists had been sent to prison, and a total of eight had
    been released. Three of the eight had been arrested during the
    previous years.

    According to the report, only Memik Horuz, the general manager of the
    "Isci-Koylu" (Laborer-Villager) magazine is in prison at the moment
    for journalistic activities. Cengiz Dogan, the head of the "Mavi"
    (Blue) and "Kent" (Town) newspapers published in Nusaybin, is at the
    Mardin E-type prison for "disseminating terrorist propaganda" and
    "praising the crime and the criminal" by publishing PKK statements.

    Suleyman Tekin, the general manager of the same magazine, had been
    arrested on August 31, for attending a demonstration staged when
    the body of a killed Syrian PKK militant was being sent back to his
    country. Tekin was released in the beginning of November.

    Less detentions, more violence against journalists

    Only seven reporters were detained in 2005, compared with a total
    of 53 in 2004. DIHA reporter Kadir Ozbek, and Tunceli reporter Rustu
    Demirkaya were detained while covering the return of private Coskun
    Kirandi, who had been kidnapped by PKK. DHA reporter Ferit Demir,
    and Anatolia Agency reporter Haydar Toprakci were detained on August 4.

    The journalists were also sued for "disseminating terrorist
    propaganda."

    However, the decrease in the number of detentions was not followed
    by a decrease in violence against journalists and media organizations:

    In 2004, a total of 20 journalists, covering demonstrations and two
    media companies were attacked. In 2005, a total of 22 journalists
    and 16 media companies were attacked.

    A group of Karsiyaka Sport Club fans raided the "Ege TV" (Aegean
    TV) studios in Izmir. The group, chanting slogans, injured four
    people and caused damage. Also, guns were fired at the offices of
    the "Cagdas Kars Haber" (Contemporary Kars News) newspaper on the
    night of December 1. The printing office of the local "Odak" (Focus)
    newspaper in Afyonkarahisar was bombed.

    At least five Internet sites were also attacked: internethaber.com,
    the Web sites of the "Soz" (Word) newspaper in Diyarbakir, the
    "Ulkede Ozgur Gundem" (Free Agenda in the Country) newspaper, the
    monthly online magazine "Iktidarsiz" (Impotent) and the weekly "Agos"
    newspaper were hacked.

    Another thing revealed by the report was the fact that the cases
    brought by journalists who were attacked, detained or threatened,
    against the police, paramilitary police or other security forces,
    do not lead to a positive result.

    ECHR fined Turkey 757, 955 new Turkish liras in damages in 2005

    The fines the European Court of Human Rights handed Turkey in 2004 in
    cases about journalist murder, freedom of expression and free trial,
    increased when compared with the fines handed in 2004: while in 2004,
    Turkey paid 224,000 new Turkish liras (USD 168,000) in damages,
    in 2005, it was fined to pay 757,955 new Turkish liras (570,000)
    in cases opened by 46 individuals, 12 of whom were journalists.

    The ECHR, through its rulings, penalized implementations of the former
    State of Emergency Law, the State Security Courts, the Assembly and
    Demonstration Law No: 2911, and the Anti-Terrorism Law.

    The three Conditional Amnesty Laws passed up until the year 2000 was
    regarded as placing ipotek on the freedom of expression.

    RTUK delays Kurdish broadcasts; Kurdish remembered only during EU
    negotiations

    Zahid Akman, the head of the Radio and Television Higher Board (RTUK),
    had stated during the year-end meeting that local and regional media
    companies, that have been waiting for permissions to broadcast
    Kurdish programs, would be able to initiate those broadcasts in
    January 2006. However, 12 media organizations have still not received
    the go-ahead.

    Cemal Dogan, the general manager of the Gun TV in Diyarbakir, who has
    been waiting for permission for the Kurdish broadcasts since January
    25, 2004, when the related regulation went into effect, believes they
    are being put off.

    Less censorship by RTUK

    RTUK had ordered Adana Radyo Dunya (Radio World) off the air for 30
    days for "disseminating separatist propaganda" and "inciting hatred
    and enmity" by promoting a book. RTUK reevaluated on November 23,
    2005 the broadcast monitoring reports of August 2004, and ordered
    Ankara Radyo Imaj (Radio Image) off the air for the same reason.

    RTUK, has suspended a total of 25 programs for violating broadcasting
    principles outlined in article 4 of Law No: 3984. 17 programs were
    suspended once, two programs twice and six programs for three times.

    RTUK, which suspended programs for 44 times, handed out 242 warnings
    to local and national media and asked for defense 69 times, applied
    less censorship in 2005: According to the RTUK Web site, except the
    program penalties, defense was required in 67 cases, and 186 warnings
    were handed out. Four television channels were fined.

    RTUK, which handed out most penalties for programs that "negatively
    affect children," in 2004, did not change its attitude in 2005: 20
    national television channels gave defense statements, 33 received
    warnings, programs in nine television channels were suspended, and
    four were fined.

    In 2004, a total of 27 television channels had given defense
    statements, 15 had their programs suspended, and a total of 48 media
    companies, five of which were local, received warnings for the same
    reason.

    --Boundary_(ID_hXH8sZHFsi/ATH7/dkPqi A)--

    From: Emil Lazarian | Ararat NewsPress
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