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In Turkey, criticizing the president can land you in jail

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  • In Turkey, criticizing the president can land you in jail

    Associated Press International
    March 6, 2015 Friday 10:44 AM GMT

    In Turkey, criticizing the president can land you in jail

    By DESMOND BUTLER and SUZAN FRASER, Associated Press
    ISTANBUL


    ISTANBUL (AP) - There's no monarch in democratic Turkey - but you
    might not know it watching the news these days.

    It has become as easy to get jailed for offending the country's
    paramount leader, Recep Tayyip Erdogan, as it is in countries where
    lese majeste laws forbid insults to royals. The trend alarms many
    people who have harbored hope for Turkey as a beacon of Western-style
    government in the Islamic world.

    Take the case of former Miss Turkey Merve Buyuksarac. Last year, the
    beauty queen posted a seemingly innocuous poem on her Instagram site.
    The verses, a satirical adaptation of the Turkish national anthem, did
    not mention Erdogan by name, but alluded to a corruption scandal that
    involved his family.

    In January, Buyuksarac was detained for questioning over suspicion of
    violating the law prohibiting insults to public servants. She could
    face up to two years in prison.

    "In democratic countries, what happened to me is not normal,"
    Buyuksarac told The Associated Press in an interview in an Istanbul
    cafe. "I think politicians have to be open to criticism."

    Thousands of others also posted the poem, which can still be found on
    social networking sites. But Buyuksarac thinks the government picked a
    celebrity to strike fear into the heart of Erdogan's critics.

    Buyuksarac may have been fortunate that she posted the poem before
    Erdogan changed jobs from prime minister to president in August. Last
    month, the chief editor of the daily Cumhuriyet newspaper, Can Dundar,
    was hauled in for questioning under a more stringent law forbidding
    insults to the president. Violations of that law can lead to penalties
    of more than five years in prison.

    His offense: publishing an interview of a prosecutor who led a
    corruption probe of people close to Erdogan. Erdogan has said the
    investigation was cooked up by rogue police and prosecutors tied to a
    U.S.-based cleric he accuses of attempting a coup.

    Outside the Istanbul courthouse where he testified, Dundar told the AP
    that the government is employing the law to intimidate the independent
    press.

    "They deem the slightest challenging news and every criticism as an
    insult and either launch an investigation into the subject or
    prosecute," he said. Free speech advocates have also criticized the
    government for using the law to muffle dissent. On Thursday, a
    prosecutor dismissed the case against Dundar, ruling there was no
    ground for a legal action, according to Dogan news agency.

    The law against insulting the president has been on the books for
    decades and is a legacy of the veneration reserved for Turkey's
    founding father, Mustafa Kemal Ataturk. But before Erdogan became
    president, legal analysts say, the law was used far less aggressively.
    Kerem Altiparkmak, a lecturer on human rights issues at Ankara
    University's political science faculty, shared with AP a spread sheet
    documenting 43 known cases involving some 80 people in the half-year
    that Erdogan has been president. That compares to only a handful of
    cases that were filed during former President Abdullah Gul's
    seven-year term.

    "When we look at the content of the cases, they're being launched for
    unbelievable reasons right now," said Deniz Ceylan, an independent
    attorney. "Investigations are launched into criticisms that aren't
    even harsh or that are humorous in nature."

    The case of a 16-year-old student in the central Anatolian city of
    Konya has grabbed international attention. The youth went on trial
    Friday for reportedly criticizing Erdogan in a speech at a student
    protest in December, but the case was adjourned to April 3 after his
    lawyer asked that the judges be replaced. The boy can only be
    identified by his initials M.E.A. because of Turkish laws that protect
    minors.

    The youth is being prosecuted for calling the president the "thieving
    owner of the illegal palace," referring to the opulent presidential
    palace Erdogan recently had built for himself. News agencies reported
    that another 13-year-old boy was pulled out of his school last month
    by police to testify about a Facebook posting that was deemed
    insulting to the president.

    "We want a free Turkey, a free life," the 16-year-old told the
    Associated Press in an interview. "I want to be acquitted. And I'm
    sure the public conscience also hopes for this. "

    Turkish Prime Minister Ahmet Davutoglu defended the prosecution of the
    16-year-old schoolboy - and blamed the opposition.

    "Insulting is a crime ... I am sad that it was a child," he said.
    "Lately, insulting the president has reached such a point by the
    opposition that they are becoming a bad example for children."

    The insult cases have recently drawn criticism from the European
    Union. And late last month, Deputy U.S. Assistant Secretary of State
    Tom Melia expressed concern during a visit to Ankara.

    "The idea that anyone - whether the editor of a newspaper or a
    16-year-old student, or a taxi driver - should fear prosecution and
    imprisonment for expressing their opinion in a public meeting or on
    social media, is problematic," he told reporters.

    Turkish law can play both ways, however. This week, a judge ordered
    Erdogan to pay 10,000 Turkish Lira ($4,000) in compensation for
    insulting an artist by calling his gigantic sculpture - promoting
    reconciliation between Turkey and Armenia - a "monstrosity." Officials
    later dismantled the statue.

    Following the ruling, Erdogan lawyer Ferah Yildiz may have
    unintentionally echoed the objections of those prosecuted under the
    insult law.

    "The word 'monstrosity' is not an insult," Yildiz said, "it's criticism."

    ___

    Fraser reported from Ankara; Ayse Wieting and Mehmet Guzel in
    Istanbul, and Berza Simsek in Konya, contributed.

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