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Country Using Courts To Curb Free Expression

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  • Country Using Courts To Curb Free Expression

    COUNTRY USING COURTS TO CURB FREE EXPRESSION

    IFEX, Canada
    International Freedom of Expression eXpress
    http://www.ifex.org/en/content/view/full/8 4899/
    July 17 2007

    Three journalists working at slain editor Hrant Dink's newspaper are
    back in court this week for "insulting Turkishness," a high-profile
    example of Turkey continuing to use the judicial system to curb free
    expression, report IPS Communication Foundation (BIANET) and other
    press freedom groups.

    Dink, editor of Armenian-Turkish newspaper "Agos", was prosecuted
    under Article 301 of the Turkish Penal Code, which makes "insulting
    Turkishness" a crime punishable by prison terms, for comments on mass
    killings of Armenians a century ago. Dink was later assassinated,
    and 14 murder suspects are currently on trial.

    Just last week, the Turkey Journalists' Society Press Freedom Prize
    announced it was posthumously awarding one of its press freedom prizes
    this year to Dink in the name of the 100 academics, journalist and
    writers "who have suffered under Article 301."

    Although Dink's case was dropped, two other "Agos" employees, including
    director Arat Dink, Hrant's son, are in court for republishing an
    interview that Hrant gave Reuters news agency last year in which he
    recognised the Armenian genocide. Another "Agos" reporter, Aydin Engin,
    who criticised the incompetence of the judicial system in handling the
    "Agos" trials, is charged with insulting the court. All three face
    between six months and three years in prison.

    Twelve other cases are currently underway under Article 301. "It has
    become obvious that neither the government nor the opposition are
    interested in changing controversial Article 301 of the Turkish Penal
    Code, which obstructs freedom of expression and has arguably also
    lead to the targeting and later murder of journalist Hrant Dink,"
    BIANET says.

    According to BIANET's latest quarterly media report, 132 people
    and seven media groups have been tried in court in free expression
    related cases from April to June, and it appears there is no sign of
    the government letting up on such cases.

    Eren Keskin, former president of the Istanbul Branch of the Human
    Rights Association (IHD), received a one-year prison sentence last week
    for saying "Turkey has a dirty history" and using the term "Kurdistan"
    at a human rights panel in 2005. She was accused of "insulting and
    degrading the republic." Keskin, a lawyer, faces 12 other trials and
    two investigations for her various speeches, articles and interviews.

    The Associated Press reports that a music group called Deli ("Crazy")
    is facing 18 months in jail for a song they wrote lashing out against
    a state exam high school students must take to get into college. They
    are being charged with "insulting the state" and will appear in court
    on 19 July. "Life should not be a prison because of an exam," go the
    lyrics of "OSYM", named after the exam of the same name.

    According to BIANET, Taner Akcam, a professor of history at Minnesota
    University in the U.S., who had been investigated for his claims of an
    Armenian genocide, is taking Article 301 to the European Court of Human
    Rights (ECHR) to protest against the law's threat to academic research.
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