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  • ANKARA: Trials Continue Under Article 301

    BİA, Turkey
    May 5 2006


    Trials Continue Under Article 301
    Dink, editor of an Armenian language newspaper, "Agos", was found
    guilty of insulting Turkishness. Zarakolu is accused under Article
    301 for publishing Jerjian's and Sakayan's books on Armenian issue.
    Belge's case will continue on 8 June.


    WiPC/IFEX
    05/05/2006

    BİA (London) - On 3 May 2006, World Press Freedom Day, in Turkey
    trials continue against writers, journalists and publishers who have
    been charged with "denigration of Turkishness" under Article 301 of
    the Turkish Penal Code.

    International PEN is calling for an end to all trials against writers
    for the peaceful expression of their views, and for the repeal of
    Article 301 that is in direct contravention of international
    standards that guarantee the right to freedom of expression.

    On 1 May, Hrant Dink, editor of an Armenian language newspaper,
    "Agos", who was found guilty of insulting Turkishness and given a
    six-month suspended prison term in October 2005, had his appeal
    against his conviction overturned.

    Dink had been accused for an article in his newspaper on the
    relations between Armenians and Turks, which included a phrase that
    the court said, suggested that Turkish blood was "dirty". Dink has
    repeatedly stated that his article had been misconstrued and that his
    aim is to improve relations between Armenians and Turks.

    Dink launched an appeal against his sentence and, in February, the
    Chief Prosecutor told the Appeals Court that the phrase under
    scrutiny could not be considered insulting. In light of this, the
    Court's decision to uphold the case is particularly surprising.

    Ten days earlier, on 20 April, another of a series of trial hearings
    took place against publisher Ragip Zarakolu. He is accused under
    Article 301 for publishing two books.

    The first, George Jerjian's "The Truth Will Set us Free
    /Turkish-Armenian Re-Conciliation", refers to the mass deportations
    of Armenians in 1915. If convicted, Zarakolu faces up to 7.5 years in
    prison. For the second book, Dora Sakayan's "An Armenian Doctor in
    Turkey: Garabed Hatcherian's Izmir Journal", Zarakolu could receive a
    six year sentence. Although the trials have already dragged on for
    over a year, the hearings were adjourned further to 21 June 2006.

    There was disappointment for Murat Belge, a columnist for "Radikal"
    who was among five mainstream journalists who went on trial in
    February 2006 for "attempting to influence the outcome of a trial" in
    articles that criticized a court's decision to ban an academic
    conference on Armenia in November 2005.

    The conference eventually took place. Belge's colleagues had the
    charges against them dropped on 11 April, when it was deemed that the
    trial was subject to a statute of limitation due to the length of
    time between the alleged offence and the charges.

    However, in Belge's case it was deemed that the statue of limitation
    did not apply and his case will continue on 8 June. On 28 April the
    Bagiclar prosecutor's office issued an appeal against the decision to
    discontinue the trial against Belge's four co-defendants, and there
    is a possibility that the proceedings against them may restart.

    These are just some of the more well known of the writers,
    journalists and publishers who are on trial in Turkey today for their
    writings. International PEN has long campaigned - and will continue
    to campaign - against the use of the courts to stifle freedom of
    expression in Turkey.

    It calls on the Turkish government to once again review its
    legislation with the aim of removing all remaining laws that allow
    for the prosecution of those who practice their right to write and
    publish freely.

    By so doing, the Turkish government can stand by its commitment to
    the right to freedom of expression as guaranteed under Article 10 of
    the European Convention on Human Rights and Article 19 of the
    International Covenant on Civil and Political Rights. (YE)

    Recommended action :

    Send appeals to authorities:
    - protesting the upholding of the sentence against Hrant Dink

    - protesting the lengthy and convoluted trials against Ragip Zarakolu
    and Murat Belge

    - expressing dismay that writers, journalists and publishers continue
    to be brought before the courts in violation of their right to
    freedom of expression

    - urging that there be an end to these trials

    - asking the government to review its legislation with the aim of
    removing all remaining laws that allow for the prosecution of those
    who practice their right to write and publish freely

    - calling on the government to do all that it can to abide by its
    commitments to the protection and promotion of freedom of expression

    Appeals to :

    Prime Minister Recep Tayyip Erdogan
    Office of the Prime Minister
    Basbakanlik
    06573 Ankara, Turkey
    Fax: +90 312 417 0476

    Mr Abdullah Gul
    Foreign Minister and State Minister for Human Rights
    Office of the Prime Minister
    Basbakanlik
    06573 Ankara, Turkey
    Fax: +90 312 287 8811

    Please copy appeals to the source if possible.

    For further information, contact Sara Whyatt at the WiPC (Writers in
    Prison Committee) , International PEN, Brownlow House, 50/51 High
    Holborn, London, WC1V 6ER, U.K., tel: +44 207 405 0338, fax: +44 207
    405 0339, e-mail: [email protected], Internet:
    http://www.internationalpen.org.uk

    http ://www.bianet.org/2006/05/01_eng/news78685.htm

    -- Boundary_(ID_eCuWUgnvQ+ROu0m2RTUu4g)--
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