Court of Appeals: "District Governor wrong, Journalist right!"
The Ankara 14th Court of Law Enforcement dismissed procedures regarding a trial filed by the District Governor of Devrek (western Black Sea coast), Süleyman Tapsız, against journalist İbrahim Tığ, owner of the Devrek Local News ('Bölge Haber') newspaper. Herewith the local court partly followed the Court of Appeal that had decided to overturn the initial decision related to a "partial approval and a partial rejection of the case opened against Tığ".
Tapsız, currently working for the Governorship of Burdur (south-western Turkey), filed a TL 5,000 (€ 2,500) compensation claim against the newspaper at the Ankara court after a corresponding decision had been given by a local court in 2005. The total fine amounted to TL 7,500 including interest and costs and expenses. Tapsız had the newspaper's printing machines confiscated because the money had not been deposited immediately.
According to the decision communicated last week, the Devrek 1st Criminal Court of First Instance decided that the articles on subject that were published in 2005 were of public interest and did not justify a compensation fine.
Court of Appeals: News in line with concrete facts
The Court of Appeals 4th Law Chamber confirmed that the articles and headings subject of the complaint were in line with concrete facts and decreed to drop procedures. The referring articles and headlines were quoted as follows: "District Governor Tapsız destroys the structure of Devrek!", "Tapsiz is continually oppressing our newspaper but we will not relinquish" published on 25 February 2005 and the articles entitled "The District Governor's attitude is a shame", "How much longer will the Devrek District Governor Süleyman Tapsız, who is not at peace with shop keepers and the people, remain insensitive on this subject?" or "He walks around without a stick in a village without dogs" published on 14 March 2005 as criticism on the district governor because he did not attend a ceremony on the occasion of the death of former Member of Parliament Fuat Ak .
Özcan Ulupınar, Mayor of Devrek, was one of the witnesses who testified in favour of former District Governor Tapsız.
Upon the reversal of the judgement, the local newspaper applied to the Devrek Enforcement Office Directorate in order to retrieve the payment that had been made to Tapsız including interest.
Lawyer Erdem: Tapsız obviously used his influence to oppress the daily
Pelin Aydemir Erdem, lawyer of the local newspaper, appreciated the decision of the Court of Appeals and said that "justice was dispensed".
She said that her client, journalist Tığ, was a member of a press for 25 years. "The news about the then District Governor Tapsız were based on concrete facts. It is clear that the district governor used his influence in Devrek to oppress Tığ. Press freedom might be needed by everyone sooner or later (...)", Erdem argued.
Tığ previously sued and attacked
Previously, the Governorship of Zonguldak (western Black Sea coast) had complained about Tığ according to article 301 of the Turkish Criminal Law that bans "insults" to the Turkish state. The complaint stemmed from an article that expressed criticism on the government of the Justice and Development Party (AKP). However, the Ministry of Justice denied its approval for an investigation.
Another case was filed by former Governor Alper Orkun against the journalist. Tığ was acquitted of charges of "insult via the media" in 2008.
In 2007, Tığ was attacked by Surgeon General Aytekin Sur of the Devrek State Hospital because of a news item regarding Sur's suspension from duty. (EÇ/EÖ)
