The Most Touchy Apparatus: The State

In the second half of the year, the government's and state's intolerance became obvious in the events of criticism against the Turkish identity, state institutions such as the Security Forces or Armed Forces, or discussions of human rights issues such as torture or extra-judicial killings or historic issues.

157 people before courts in freedom of expression cases

"The Network for Monitoring and Covering Media Freedom and Independent Journalism" - BIA² Media Monitoring Desk released three separate Three-Monthly Media Monitoring Reports in 2005 and drew attention to the cases brought against journalists, intellectuals, publishers and human rights activists. According to these reports, all of the 157 journalists, publishers, and human rights activists called attention to the juridical practices in cases opened against them and said everyone who states and opinion or makes a criticism, may face a prison sentence.

The 39-page report covers 200 cases and the situations of 319 journalists, writers and human rights activists under the titles of, "attacks and threats," "detentions and arrests," "cases and attempts," "European Court of Human Rights," "RTUK practices," "regulations and seeking rights," and "Reactions to censorship."

29 people charged under article 301

A total of 29 journalists, writers and publishers have been taken to court on grounds of article 301 of the TCK on "insulting the Turkish identity, Republic, and the institutions of the State." Some trials are still continuing. Local courts have convicted eight people in these cases.

Journalist Rahmi Yildirim, who was acquitted by a local court has appealed the decision of acquittal and thus has not yet been absolved.

Within the year 2005, local courts have handed out a total fine of 12,900 new Turkish liras (USD 9,700), 900 new Turkish liras (USD 677) of which was deferred, and a total prison term of 4 years, 1.5 years of which was deferred to radio employee Sabri Ejder Ozic, writer Emin Karaca, journalist Hrant Dink, writer Zulkuf Kisanak, publisher Fatih Tas, Cagri magazine owner Aziz Ozer and magazine reader Erkan Akay.

New charges against 17 journalists: Interfering with the court decisions

17 journalists, who discussed current human rights issues, such as the Kiziltepe case, the cancellation of the Ottoman Armenians Conference, and Torture case, through their reports or articles, are being charged with "Influencing the court decision," and "Attempting to Influence Fair Trial," based on the Press Law and the Penal Code.

Ender Can Cevahir, Fehmi Koru, Mehmet Sucu, Ilhan Selcuk, Ibrahim Yildiz, Ilhan Tasci, Alper Turgut, Hrant Dink, Aydin Engin, Serkis Seropyan, Arat Dink, Hasan Cemal, Murat Belge, Haluk Sahin, Erol Katircioglu and Ismet Berkan face fines or prison sentences if found guilty in these trials.

15 people taken to court based on article 216

15 journalists and/or human rights activists have been taken to court in 2005 based on article 312 of the old TCK on "hidden incitement of crime," or article 216 of the new TCK on "inciting hatred and enmity or humiliation." Some of these cases will continue through 2006.

Professor Doctor Ibrahim Kabaoglu, the former head of the Prime Ministry Human Rights Advisory Board, and Board member Professor Doctor Baskin Oran face five years in prison for the Minority Rights and Cultural Rights Working Group Report released in October 2004. Kabaoglu and Oran are charged based on both article 216/1 and 301/2.

A Bagcilar court has rejected the Supreme Court of Appeals' decision to overturn a penalty handed to writer Cemil Tokpinar of the 'Yeni Asya' (New Asia) newspaper for writing "Earthquake is a Godly Warning." Writer Tokpinar, who had been charged based on article 312, was found guilty based on article 216 too. The one-year prison sentence handed out to the writer has been commuted to a fine of 7,300 new Turkish liras (USD 5,490).

12 journalists stand 'terrorism' trials, four stand 'Ataturk' trials and five stand 'Mafia' trials

12 journalist-writers are being charged with 'disseminating terrorist propaganda' based on TCK or the anti-Terrorism Law. Among these journalists are Radikal reporter Nese Duzel, Hurriyet reporter Sebati Karakurt, journalist Ertugrul Mavioglu and ATV producer Ali Kirca.

Four people are being charged with violating the Law On Crimes Committed Against Ataturk No: 5816, while five people are standing trial for reports on the Mafia.

Journalists sued for a total of 1,491,592 new Turkish liras in compensation

Journalists are facing a total of 1,491,594 new Turkish liras (USD 1,120,000) in more than 30 compensation cases, generally brought by individuals working in public posts and by politicians.

The 40,000 new Turkish lira (USD 30,080) compensation case opened by Prime Minister Erdogan against the "Penguen" magazine for violating his personal rights is still continuing. The 20,000 new Turkish lira (USD 15,000) compensation case brought against the magazine by Culture and Tourism Minister Atilla Koc is also continuing in an Ankara court.

The Supreme Court of Appeals has overturned the decision of an Ankara court, which had ruled Sefer Selvi, the caricaturist for the "Gunluk Evrensel" (Daily Evrensel) newspaper has to pay 10,000 new Turkish liras (USD 7,500) in compensation for a caricature which went along with an article titled, "AKP's deep head."

Prime Minister Erdogan had sued "Cumhuriyet" (Republic) newspaper caricaturist Musa Kart for a drawing, and Gaziantep "Zaman" (Time) newspaper columnist Halil Eyupoglu for an article on Cyprus, saying his personal rights had been violated and asking for damages. The prime minister had won those cases. In a separate damages suit Erdogan brought against the "Sakarya" newspaper for the same Musa Kart caricature, an Eskisehir court ruled: "the said caricature, which makes irony through humor and photomontage, is within the limits of criticism and thus is found to be in line with law. Mr. President, who has served in prison for a long time because of a poem, should be more tolerant towards such criticism." The court refused the suit.

A local court is hearing the witnesses in the damages case the MOPAK Company brought against the "Guney Ege" (Southern Aegean) newspaper in Mugla. The company has asked for 300,000 new Turkish liras (USD 226,000) in damages. The newspaper had claimed that the company pollutes the environment and disregards the rights of its employees.

Memik Horuz still in prison

Less number of journalists were arrested in 2005, compared to the previous year: A total of six media employees were imprisoned. Among them was DIHA reporter Birol Duru, who was released after spending 4.5 months in prison. The rest were released along with three other media employees who had been arrested the previous year. In 2004, 15 journalists had been sent to prison, and a total of eight had been released. Three of the eight had been arrested during the previous years.

According to the report, only Memik Horuz, the general manager of the "Isci-Koylu" (Laborer-Villager) magazine is in prison at the moment for journalistic activities. Cengiz Dogan, the head of the "Mavi" (Blue) and "Kent" (Town) newspapers published in Nusaybin, is at the Mardin E-type prison for "disseminating terrorist propaganda" and "praising the crime and the criminal" by publishing PKK statements.

Suleyman Tekin, the general manager of the same magazine, had been arrested on August 31, for attending a demonstration staged when the body of a killed Syrian PKK militant was being sent back to his country. Tekin was released in the beginning of November.

Less detentions, more violence against journalists

Only seven reporters were detained in 2005, compared with a total of 53 in 2004. DIHA reporter Kadir Ozbek, and Tunceli reporter Rustu Demirkaya were detained while covering the return of private Coskun Kirandi, who had been kidnapped by PKK. DHA reporter Ferit Demir, and Anatolia Agency reporter Haydar Toprakci were detained on August 4. The journalists were also sued for "disseminating terrorist propaganda."

However, the decrease in the number of detentions was not followed by a decrease in violence against journalists and media organizations:

In 2004, a total of 20 journalists, covering demonstrations and two media companies were attacked. In 2005, a total of 22 journalists and 16 media companies were attacked.

A group of Karsiyaka Sport Club fans raided the "Ege TV" (Aegean TV) studios in Izmir. The group, chanting slogans, injured four people and caused damage. Also, guns were fired at the offices of the "Cagdas Kars Haber" (Contemporary Kars News) newspaper on the night of December 1. The printing office of the local "Odak" (Focus) newspaper in Afyonkarahisar was bombed.

At least five Internet sites were also attacked: internethaber.com, the Web sites of the "Soz" (Word) newspaper in Diyarbakir, the "Ulkede Ozgur Gundem" (Free Agenda in the Country) newspaper, the monthly online magazine "Iktidarsiz" (Impotent) and the weekly "Agos" newspaper were hacked.

Another thing revealed by the report was the fact that the cases brought by journalists who were attacked, detained or threatened, against the police, paramilitary police or other security forces, do not lead to a positive result.

ECHR fined Turkey 757, 955 new Turkish liras in damages in 2005

The fines the European Court of Human Rights handed Turkey in 2004 in cases about journalist murder, freedom of expression and free trial, increased when compared with the fines handed in 2004: while in 2004, Turkey paid 224,000 new Turkish liras (USD 168,000) in damages, in 2005, it was fined to pay 757,955 new Turkish liras (570,000) in cases opened by 46 individuals, 12 of whom were journalists.

The ECHR, through its rulings, penalized implementations of the former State of Emergency Law, the State Security Courts, the Assembly and Demonstration Law No: 2911, and the Anti-Terrorism Law. The three Conditional Amnesty Laws passed up until the year 2000 was regarded as placing ipotek on the freedom of expression.

RTUK delays Kurdish broadcasts; Kurdish remembered only during EU negotiations

Zahid Akman, the head of the Radio and Television Higher Board (RTUK), had stated during the year-end meeting that local and regional media companies, that have been waiting for permissions to broadcast Kurdish programs, would be able to initiate those broadcasts in January 2006. However, 12 media organizations have still not received the go-ahead.

Cemal Dogan, the general manager of the Gun TV in Diyarbakir, who has been waiting for permission for the Kurdish broadcasts since January 25, 2004, when the related regulation went into effect, believes they are being put off.

Less censorship by RTUK

RTUK had ordered Adana Radyo Dunya (Radio World) off the air for 30 days for "disseminating separatist propaganda" and "inciting hatred and enmity" by promoting a book. RTUK reevaluated on November 23, 2005 the broadcast monitoring reports of August 2004, and ordered Ankara Radyo Imaj (Radio Image) off the air for the same reason.

RTUK, has suspended a total of 25 programs for violating broadcasting principles outlined in article 4 of Law No: 3984. 17 programs were suspended once, two programs twice and six programs for three times.

RTUK, which suspended programs for 44 times, handed out 242 warnings to local and national media and asked for defense 69 times, applied less censorship in 2005: According to the RTUK Web site, except the program penalties, defense was required in 67 cases, and 186 warnings were handed out. Four television channels were fined.

RTUK, which handed out most penalties for programs that "negatively affect children," in 2004, did not change its attitude in 2005: 20 national television channels gave defense statements, 33 received warnings, programs in nine television channels were suspended, and four were fined.

In 2004, a total of 27 television channels had given defense statements, 15 had their programs suspended, and a total of 48 media companies, five of which were local, received warnings for the same reason. (EO/BA)

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For further information please contact: BIA² Media Monitoring Desk, Telephone (0212) 251 15 03, Fax. (0212) 251 16 09, E-mail. [email protected]