Turkey: Freedom of expression under fire

The Spring BIA Media Monitoring Report highlights that freedom of expression in Turkey has been violated time and time again, proving that there is little political will to enforce the protection of human rights.

In Turkey, violations and pressures in the area of the freedom of expression have increased over the past three months. From caricature to literature, journalism to speech, every field of expression received its share of violations and pressures. The only consolation was the reduction of the compensation payments in the European Human Rights Court cases.

BIA, Turkey’s independent communication network, made up of over 130 local newspapers and radio and television stations, publishes a Media Monitoring Report on the state of press freedom in Turkey. Its April-May-June 2008 report shows that during these three months, 194 people have had to face the judge for expressing opinions about the implementations and procedures of the state and protesting the human rights violations carried out by the state. Of a total of 88 cases, 79 were journalists.

Article 301

Expressing opinions continues to be a crime because of the Law To Fight Against Terrorism (TMY), the Turkish Penal Code (TCK) and the Law To Protect Atatük’s Legacy. The new permission requirement from the Ministry of Interior to file a lawsuit under 301 has not changed the situation. The owner of Belge Publishing, Ragip Zarakolu who is known for his support of human rights, was fined 400 YTL (200 euros) under article 159. The court did not bother to ask for the permission of the Ministry of Justice, as the fine was applied under article 159. In Kocaeli, Y.Y. became the 301st victim for a conversation in a bus.

Forty-six people, nineteen of whom are journalists, are on trial in forty-six cases under article 301. There were twelve cases in the same period last year. Eleven people in eleven cases were tried for “provoking people towards hatred and hostility” under article 216 of the Turkish Penal Code. Last year there were five cases.

Terror accusations increase by 100%

Fourteen people were taken to the court in eight cases for charges of “making propaganda for a terrorist organization” under TMY 7/2 and “publishing announcements of a [terrorist] organization” under TMY 6/2. Last year there had been four court cases for the same anti-terrorism law.

Haci Bogatekin, owner of daily newspaper Gerger Firat in Adiyaman, was sentenced to 18 months in prison for “making the propaganda for the Kurdish Workers Party (PKK)”. He is still in prison.

Fifty-three mayors, fifty-two of whom are from the Democratic Society Party (DTP), were fined 1875 YTL each (about 900 euros) for “praising the crime and the criminal”, when they sent a letter to the Prime Minister of Denmark in order to prevent the closing of pro-Kurdish Roj TV.

Sued for criticising violations of human rights

Among eleven people, nine of whom are journalists, who were sued for protesting against human rights violations and making news reports about them, only Aris Nalci and Sarkis Seropyan from weekly “Agos” and M. Sami Belek and M. Ugras Vatandas from daily “Evrensel” were acquitted. Last year there had been ‘only’ four cases.

Insulting through the media

Of those who were tried for “insulting through the media”, twenty-two people faced prison sentence and thirteen people faced damages for mental anguish. Nurgün Balcioglu, chief editor of weekly newspaper Gaziantep Sabah, was sentenced to pay compensation for 20 thousand YTL to retired judge Zekeriya Dilsizoglu for criticizing his claim that every nine thousand murders out of ten thousand have a woman behind them.

Alper Görmüs, former chief editor of weekly Nokta, was tried and acquitted for the charge of “insult and slander” for publishing a story about “coup diaries” of the retired navy admiral Özden Örnek. Owner of the newspaper Mus Haber 49, Emrullah Özbey, was sentenced to seven months in prison and a 525 YTL (about 250 euros) fine for making a news that was considered to not follow the rules.

Conscientious objection

Eight people who were defending the right to “conscientious objection” were tried in seven cases for “alienating people from the military service”. Halil Savda was sentenced to five months. Writer Yildirim Türker was acquitted. Singer Bülent Ersoy, Perihan Magden, Gökhan Gençay, Ibrahim Çesmecioglu, Yasin Yetisgen and Birgül Özbaris are still on trial.

The dangers of speaking out

In three months eight journalists and one media organ was attacked. Two journalists, one academic and one writer were threatened. In the May Day celebration, daily newspaper Cumhuriyet’s reporter Ali Deniz Uslu’s arm was broken. Esra Açikgöz was bludgeoned. The pressurized waters of the police forces broke reporters’ cameras.

During the Karabük Festival, writer Latife Tekin’s microphone was disconnected. Ismailaga religious community targeted daily newpapers Vatan’s reporters Alper Urus, Ilker Akgüngör and Ahmet Sener. The Bayrampasa center of daily newpaper Yeni Safak experienced an armed attack.

Intolerance towards caricatures continues

Leman comic magazine and its cartoonist Mehmet Çagçag is facing a compensation fine to the Prime Minister Erdogan for the cartoon he drew of the Prime Minister’s words: “We did not receive the West’s science, but its immorality”. Similarly, cartoonist Muhammer Sengöz is facing a compensation fine to the Mayor of Kocaeli. Cartoonist Ibrahim Özdabak, who satirized the Justice and Development Party (AKP), is on trial facing a prison sentence. Turhan Selçuk, cartoonist for daily newpaper Cumhuriyet, was acquitted for his “pig wearing a turban” caricature.

Ban on publishing

The ban on publishing news about the Ergenekon investigation, which went into effect on June 15, 2007, is still on. The publishing ban was implemented regarding the PKK attack on a gendarmerie team. Youtube.com has been inaccessible in Turkey for two months. The Geocities sites and Google groups were temporarily banned. DEM TV’s broadcasting was cut without any legal warning or justification.

The Radio and Television Supreme Council (RTÜK) warned Izmir Demokrat Radio for reading daily Sabah’s news about the Ergenekon Operation on the radio. Weekly YedinciGün was shut down for one month for “PKK propaganda”.

Journalists from many cities protested the bill for changing the State Projects Law for taking away an important income source from the local media.

The good news

The good news, reports BIA, is that the European Human Rights Court sentenced Turkey to a compensation of 8 thousand euros in three cases. In the same period last year, twenty-five people had gone to court and Turkey was sentenced to compensate 78 thousand euros.

A legal regulation to allocate a channel of The Turkish State Radio and Television (TRT) to Kurdish and other non-Turkish languages was passed. Halil Özen and Kurtulus Çelikparmak, reporters from the newspaper Çagdas Tuzla, had Tuzla Municipality authorities sentenced for assault.

Find out more: www.bianet.org

Meet the author

Erol ÖNDEROGLU hukuk@bianet.org