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ANKARA: RSF: Article 301 is `Enemy of Press Freedom'

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  • ANKARA: RSF: Article 301 is `Enemy of Press Freedom'

    BIA, Turkey
    Feb 14 2008


    RSF: Article 301 is `Enemy of Press Freedom'

    In its annual report for 2008, Reporters Without Borders (RSF)
    criticised Article 301 and the nationalist obstruction of press
    freedom. The murder of Hrant Dink could have been prevented.

    Rsf
    14-02-2008


    2007 began very badly, with the murder of Turkish-Armenian Agos
    newspaper editor Hrant Dink. It was a tough year for press freedom,
    with authoritarian behaviour and nationalist violence.

    Dink's murder could have been prevented
    Hrank Dink was shot dead on 19 January 2007 in front of the Istanbul
    offices of the privately-owned bilingual Turkish-Armenian weekly
    magazine Agos he edited. The killer, O. S., from Trabzon, a bastion
    of Turkish nationalism, was arrested hours later and investigations
    soon showed he had ties to the security forces, which had been warned
    several times Dink was going to be killed.

    But officials refused to prosecute the police suspects and evidence
    was reportedly destroyed. The trial of the 19 suspects began in
    Istanbul in July amid tight police security and because O.S. (17) was
    a minor, was held in secret. The second hearing mentioned the police
    involvement. The third hearing was on 11 February 2008, and the next
    hearing is on 25 February.

    Article 301, the enemy of press freedom
    When the hitman was arrested he expressed no remorse and said Dink
    deserved to die for insulting Turks. Dink had been prosecuted several
    times for calling the Ottoman Empire massacre of Armenians
    `genocide,' a term that Turkey rejects. Article 301 of the criminal
    code provides for between six months and three years in prison for
    anyone `openly denigrating' the government, courts, police or armed
    forces.

    Dink was given a suspended six-month prison sentence in 2005 under
    this article and was prosecuted again in September 2006 for calling
    the Armenian massacre `genocide' in an interview with Reuters news
    agency. His son Arat and two other Agos staffers were given year-long
    suspended prison sentences in October 2007 for reprinting the
    interview in the magazine.

    Promises of amendment not kept
    A few days earlier, newly-elected Turkish President Abdullah Gül told
    the Council of Europe's Parliamentary Assembly that he favoured
    amending article 301. The EU's annual progress report on Turkey's
    application to join the EU said very serious efforts were still
    needed to improve freedom of expression.

    Justice minister Mehmet Ali Sahin said on 6 November the government
    would amend article 301 and that the cabinet would give priority to
    proposals based on calls from civil society groups. Prime minister
    Erdogan made similar promises a year earlier.

    The army as a threat to the media
    Nationalism was behind many attacks on press freedom. Yasin Yetisgen,
    owner-editor of the Kurdish paper Coban Atesi, was thrown in jail for
    printing an article on 2 August saying the town of Antep was in
    `northern Kurdistan,' an officially-illegal term. Journalists were
    several times forbidden to report on Turkish military operations in
    Iraqi Kurdistan against PKK rebel bases, officially so as not to
    demoralise the population with `negative' news but in fact to
    preserve the image of the army.

    This desire for control was shown in March when two reports, from the
    the military high command and the prime minister's office, were
    leaked to the media. They revealed that media outlets and journalists
    were classified as to how far they agreed with government policies
    and that official accreditation was used to either exert pressure on
    a media outlet or journalist or to reward those that backed the armed
    forces.

    Three French journalists - Guillaume Perrier of Le Monde and two
    photographers for the Capa photo agency - were arrested on 24 October
    at the Habur border-crossing between Turkey and Iraq for refusing to
    show their film to customs officials, who roughed one of them up.
    They were held for questioning with no reason given, separated and
    interrogated. They were freed by the town prosecutor the next day but
    their film and equipent was not returned.

    Kurdish media faced obstacles
    Many Kurdish media outlets were shut down, sometimes more than once,
    mainly for supposed `terrorist propaganda,' and most often the
    newspapers Gündem and Güncel. Gün TV, broadcasting in the southern
    region of Diyarbakir and the only station allowed to put out
    Kurdish-language programmes, ran into many problems, including when
    it broadcast Kurdish songs.

    Columnist Aydin Erdogan was dismissed in October by the daily
    Cumhuriyet for criticising, during a TV debate on the pro-Kurdish Roj
    TV channel, planned constitutional changes and for advocating a
    peaceful solution to the Kurdish conflict. He was also not allowed to
    present his own books put out by Cumhuriyet Publishing at the Tuyap
    book fair as had been planned. (RSF/AG)

    http://www.bianet.org/english/kategori/english/1 04909/rsf-article-301-is-enemy-of-press-freedom
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