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ANKARA: State's Security Hijacks The Freedom Of Expression

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  • ANKARA: State's Security Hijacks The Freedom Of Expression

    BIA, Turkey
    Nov 2 2008



    State's Security Hijacks The Freedom Of Expression

    11 individuals, 77 of them journalists, were tried in 73 different
    cases for their opinions and reporting rights violations by the
    state. 36 of them were tried under article 301. Crimes against
    journalists go unpunished and military based censorship is increasing.

    Bia news center - Ä°stanbul
    02-11-2008
    Erol Ã-NDEROÄ?LU - [email protected]


    BIA Freedom of Expression Desk has published its `Media Observation
    Report' for the period of July-August-September. The Desk has been
    informing the public regularly about the rights violations regarding
    the media, the reporters and the freedom of expression since 2000. In
    addition to the international freedom of expression institutions such
    as IFEX, RSF, CPJ, Article XIX, the Media Observation Reports has
    become an important source for the European Commission and the
    Organization for Security and Co-operation in Europe AGÄ°T as
    well.

    To the arrangements that limit the freedom of communication was added
    No. 5651 Law on Internet Crimes, after the Law on Struggle against
    Terror, the Turkish Penal Code and the Law for Protection of
    Atatürk.

    The global vide sharing site youtube.com has been banned for six
    months now for having videos insulting to the memory of
    Atatürk, founder of the Turkish Republic. The internet site of
    dailymotion was banned for one month. Geocities.com has been banned
    for eight months. The internet site of gundemonline.com was banned by
    a court order, too.

    Internet censorship is widespread, the judiciary is following Oktar's
    lead Creationist Adnan Oktar's `insult to one's personality'
    complaints led the courts to ban the internet sites egitim-sen.org.tr
    (of the education and scientific workers union), turandursun.com (of
    Turan Dursun) and anarsist.org. The internet users are raising their
    voices against closing of the whole sites because of one particular
    content.

    BIA Media Observation Desk's July-August-September 2008 Media
    Monitoring Report determined that 116 people, 77 of whom journalists,
    are being prosecuted for expressing their opinions, reporting rights
    violations by the state or condemning such violations in 76 different
    cases.

    According to the 32 page report, daily Yeni Å?afak was attacked,
    Turan AktaÅ?, reporter for daily Taraf, was manhandled by the
    police and the internet sites antenna.org and ortakpayda.org were
    hacked.

    A reader of daily Birgün's, Tutku Türkol, was taken into
    custody and harassed. Journalists Mustafa Balbay and Ufuk
    Büyükçelebi were taken into custody in connection
    with the Ergenekon investigation.

    Writer Murat CoÅ?kun received prison sentence of one year and
    fifteen days for committing the crime of `provoking hostility among
    people' with his book titled `Acının Dili Kadın'
    (Woman, Language of Pain), published by Peri Publishing in January
    2002 with. He is still in prison. Local journalist Hacı
    BoÄ?atekin of Gerger, who was in prison for 109 days after
    arrested for his critical publications against the local prosecutor,
    Kurdish politician Mahmut Alınak, who was arrested for
    proposing Musa Anter's name for a street in the city of Tunceli, and
    unionist Meryem Ã-zsöÄ?üt, who was arrested for
    taking part in Kevser Mızrak's commemoration, were released.

    Attacks against the journalists go unpunished, Dink's murder trial is
    in its second year

    Discussing the cases of the 220 people, the report presents the
    violations under the following headings: `Attacks and threats',
    `Custodies and arrests', `Cases and attempts', `Arrangements and
    seeking of rights', `European Court of Human Rights', `Reactions to
    censorship', and `RTÃ`K implementations'.

    The developments in Dink's case shows that these kind of political
    murders cannot be solved only through judicial means, without the
    support of the political will.

    The police officers who broke the arm of Ali Deniz Uslu, reporter of
    daily Cumhuriyet, and beat Esra Açıkgöz did not
    appear before court. In BeytüÅ?Å?ebap in the
    eastern Turkey, DHA reporter Emin Bal was convicted of insult after he
    filing a complaint against the police officers who manhandled him.

    Censorship of every type for the sake of `security'
    Not used to be questioned about its operations, the General Staff
    takes the questions about DaÄ?lıca and
    Aktütün ambushes as matters of strategy.

    Military Prosecutor's Office asked daily Taraf to turn in the
    documents used for the article titled `DaÄ?lıca Ambush
    Was Known'. The court banned the internet site gundemonline.com and
    suspended the newspaper Alternatif for one month for publishing
    statements by the Kurdish Workers Party (PKK).

    Hayat TV's broadcasting was cut by the Türksat authorities
    following a warning by the Security Branch of the Ministry of Interior
    on the grounds that it was aiding the pro-Kurdish Roj TV. The
    `mistake' was fixed three weeks later.

    Gökçer TahincioÄ?lu and Kemal
    GöktaÅ?, who had made a news report about the power of
    tapping the telephones the Police Department, the National
    Intelligence Organization and the Gendarmerie were given, are on trial
    for `publishing confidential documents' and `making the judge a
    target'.

    The Prime Minister targets the media and the humor
    Targeting president of the DoÄ?an Media Group Aydın
    DoÄ?an and unable to control himself, Prime Minister
    ErdoÄ?an attacked the International Press Institute (IPI) and
    the World Association of Press Councils (WAPC) for their statements
    defending the press freedom.

    Upon Prime Minister's complaint, Malih KaÅ?kar of the newspaper
    Milas Ã-nder (Milas Leader) was sentenced to prison for telling a
    joke in his article. Likewise, weekly comic magazine Leman is sued for
    damages for making fun of Prime Minister's sentence that `We did not
    take the science of the West, but its immorality.'

    36 people are on trial for article 301
    While the cases filed under article 301 are sent to the Ministry of
    Justice for `permission to prosecute', that the article remains in
    effect leads to new cases. The Great Union Party (BBP) administrators
    filed a complaint against journalist Ahmet Altan and Adnan Demir,
    daily Taraf's manager in-charge, for recognizing `the Armenian
    Genocide'. Retired inspector Niyazi Uslay's criticizing the military
    received conviction.

    In the last three months, 15 journalists and 36 individuals have been
    prosecuted under article 301 in 18 cases. The Ministry of Justice
    granted permission for the prosecution of Temel Demirer under article
    301 for stating that Hrant Dink was murdered `for recognizing the
    genocide.' 22 individuals in 15 cases were being prosecuted under
    article 301 in the same period of the last year.

    Five cases were filed against thirteen people for `influencing the
    court' with their articles, reports and statements. Two of these cases
    resulted in acquittal. The six journalists from Batman who criticized
    the operation that resulted in the death of Mizgin Ã-zbek are
    facing imprisonment.

    Bülent Ersoy, Perihan MaÄ?den, Gökhan
    Gençay, Ä°brahim Ã?eÅ?mecioÄ?lu,
    Birgül Ã-zbarıÅ? and Yasin YetiÅ?gen are
    on trial for defending conscientious objection and being antiwar.

    Eight are accused in `hate' cases
    Eight people are on trial for the charge of `provoking hatred and
    agitation' in five cases. DÄ°HA reporters Oktay Candemir and
    Ercan Ã-ksüz are on trial for their interview titled
    `Witness of the Zilan Massacre talked'. Twelve people were prosecuted
    for the same crime last year.

    Threat of 75 year imprisonment and half a million euro in damages for
    `insult'
    In three months, 36 individuals, 28 of them journalists, were
    prosecuted in 23 cases for the charge of insult. They faced 75 years
    of imprisonment and payment of about half a million euro in damages.

    Muhittin Zenit, intelligence officer on duty in Trabzon before the
    murder of Hrant Dink, sued bianet.org for 12.500 euro and NTV for
    45.000 euro. Feyzullah Aslan of the Police Department is asking from
    writer Fikret Otyam and journalist Ä°dris Ã-zyol 10.000 euro.

    Commemorating Deniz GezmiÅ? is a `crime'
    Commemorating Deniz gezmiÅ?, Mahir Ã?ayan and
    Ä°brahim Kaypakkaya is still a crime after 35 years: Sibel
    Bulut, daily Atılım's manager in-charge, will be tried
    for `praising the crime and the criminal.' Ten individuals, two of
    them journalists, were tried in seven cases in accordance with article
    215 of the Turkish Penal Code.

    The Kurdish problem is banned as a news topic
    Istanbul's 10th High Criminal Court has fined daily Hurriyet's
    reporter Sebati Karakurt and managers Hasan Kılıç
    and Necdet Tatlıcan fifty thousand euro for the interview
    conducted with the PKK four years age, which was construed as
    `publishing the comments of the terrorist organization' and `doing
    propaganda work for the PKK'.

    Journalist Cengiz Kapmaz received a ten month prison sentence for his
    interview with Orhan DoÄ?an, which was construed as `doing
    propaganda work for the PKK.'

    Kurdish politicians Orhan MiroÄ?lu was sentenced to
    auto-censorship of five years for speaking Kurdish while he was an
    independent deputy candidate for the Parliament.

    The only good news¦
    The European Court of Human Rights (ECHR) sentenced Turkey to paying
    6500 euro in damages in three cases. In the same period last year,
    14500 euro was paid to 32 individuals.(EÃ-/EK/TB)
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