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ANOTHER 301 TRIAL FOR JOURNALIST DEMIRER
Scoop , New Zealand
March 13 2013
Journalist Demirer faces another trial under Article 301 of the
Turkish Penal Code after making a speech following the postponement
of his initial trial under the same article.
Elif AKGUL, Ankara - BIA News Desk 12 March 2013, Tuesday
The Ankara Police Department has sent a report the the Ankara Chief
Public Prosecutor's Office, claiming that journalist Temel Demirer
breached Article 301 of the Turkish Penal Code when he made a press
statement after his initial trial under the same article was postponed.
The first trial had been postponed provided that, following Provisional
Articles 1 and 2 of Law 6352, he would not "commit a new crime under
Clause 1 within the next three years".
Referring to recent judicial reforms, Demirer had asked, "If there is
change, then why has this inquiry been opened? What are the [reform]
packages for?"
For the initial investigation, the Chief Public Prosecutor's Office
had asked for permission from the Ministry of Justice, which has
been the procedure since 8 May 2008. At that time, changes in the
controversial Article 301 had also reduced the maximal sentence for
"denigrating the Turkish Nation, the Turkish Republic, its government
or government institutions" to two years.
According to the police report, after the trial, Demirer said the
following in front of the court building:
"If I don't say 'There was an Armenian genocide in Turkey' or 'the
state in Turkey is a murderer' for the next three years, I will be
acquitted. Right now, five minutes after the trial, without waiting
for three years, I say, 'The state is the murderer of Hrant Dink'. I
also say, 'There was an Armenian genocide in this country'. If the
court, security forces or the Ministry of Injustice that postponed my
trial do not open another trial, they will be committing a crime." "I
am not inciting anyone to commit a crime. What I am saying is that
ideas cannot be shackled in this country. I have learnt from Ä°smail
BeÅ~_ikci, Fikret BaÅ~_kaya and Baskın Oran [academics imprisoned or
tried for their work] that freedom of thought is standing strong. There
has been an Armenian genocide in this country. The state killed Hrant
Dink. These are my thoughts. So, if you want, try me again."
"No change in mentality"
Levent Kanat, Demirer's lawyer, told bianet that they had learned
about the new inquiry in the news and had not received an official
notification. For Kanat, the investigation is the result of a mentality
that has not changed: "They say they are becoming more democratic,
but that is not true." First Trial When Hrant Dink, the editor-in-chief
of the Turkish-Armenian newspaper Agos was killed on 19 January 2007,
Demirer made a statement the next day, saying: "Hrant Dink was not
killed because he was Armenian but because he said that there had been
an Armenian genocide." Demirer was then sentenced under Article 301,
with the prosecution demanding 2 years imprisonment.
At the final hearing on 19 February 2013, Demirer said he wanted
either an acquittal or a sentence. However, the court made use of the
provisional Articles 1 and 2 of Law 6352 that had been introduced in
the third judicial reform package and staid proceedings. (EA/AG)
ENDS
http://www.scoop.co.nz/stories/WO1303/S00138/another-301-trial-for-journalist-demirer.htm
From: Baghdasarian
Scoop , New Zealand
March 13 2013
Journalist Demirer faces another trial under Article 301 of the
Turkish Penal Code after making a speech following the postponement
of his initial trial under the same article.
Elif AKGUL, Ankara - BIA News Desk 12 March 2013, Tuesday
The Ankara Police Department has sent a report the the Ankara Chief
Public Prosecutor's Office, claiming that journalist Temel Demirer
breached Article 301 of the Turkish Penal Code when he made a press
statement after his initial trial under the same article was postponed.
The first trial had been postponed provided that, following Provisional
Articles 1 and 2 of Law 6352, he would not "commit a new crime under
Clause 1 within the next three years".
Referring to recent judicial reforms, Demirer had asked, "If there is
change, then why has this inquiry been opened? What are the [reform]
packages for?"
For the initial investigation, the Chief Public Prosecutor's Office
had asked for permission from the Ministry of Justice, which has
been the procedure since 8 May 2008. At that time, changes in the
controversial Article 301 had also reduced the maximal sentence for
"denigrating the Turkish Nation, the Turkish Republic, its government
or government institutions" to two years.
According to the police report, after the trial, Demirer said the
following in front of the court building:
"If I don't say 'There was an Armenian genocide in Turkey' or 'the
state in Turkey is a murderer' for the next three years, I will be
acquitted. Right now, five minutes after the trial, without waiting
for three years, I say, 'The state is the murderer of Hrant Dink'. I
also say, 'There was an Armenian genocide in this country'. If the
court, security forces or the Ministry of Injustice that postponed my
trial do not open another trial, they will be committing a crime." "I
am not inciting anyone to commit a crime. What I am saying is that
ideas cannot be shackled in this country. I have learnt from Ä°smail
BeÅ~_ikci, Fikret BaÅ~_kaya and Baskın Oran [academics imprisoned or
tried for their work] that freedom of thought is standing strong. There
has been an Armenian genocide in this country. The state killed Hrant
Dink. These are my thoughts. So, if you want, try me again."
"No change in mentality"
Levent Kanat, Demirer's lawyer, told bianet that they had learned
about the new inquiry in the news and had not received an official
notification. For Kanat, the investigation is the result of a mentality
that has not changed: "They say they are becoming more democratic,
but that is not true." First Trial When Hrant Dink, the editor-in-chief
of the Turkish-Armenian newspaper Agos was killed on 19 January 2007,
Demirer made a statement the next day, saying: "Hrant Dink was not
killed because he was Armenian but because he said that there had been
an Armenian genocide." Demirer was then sentenced under Article 301,
with the prosecution demanding 2 years imprisonment.
At the final hearing on 19 February 2013, Demirer said he wanted
either an acquittal or a sentence. However, the court made use of the
provisional Articles 1 and 2 of Law 6352 that had been introduced in
the third judicial reform package and staid proceedings. (EA/AG)
ENDS
http://www.scoop.co.nz/stories/WO1303/S00138/another-301-trial-for-journalist-demirer.htm
From: Baghdasarian