6 Months Jail for Broadcaster Ozic

Adana's 5th Court of First Instance has sentenced radio broadcaster Sabri Ejder Ozic to six months in prison under controversial article 301 of the Penal Code despite opinions expressed in favour of the defendant both by the court prosecutor and the Chief Prosecutor of the Court of Appeals that said the remarks leading to the case should be taken in their context.

The court has refused to defer the sentence or set a bail.

In Thursday's hearing, the judge ruled to sentence Ozic to prison because of a program he aired on February 24, 2003 when the Turkish government asked authorization from the parliament to send Turkish troops to Iraq and to let U.S. troops into Turkey. He was found guilty of "publicly insulting the Parliament".

In his programme named "The Captain's Log", Ozic had said over the radio that "if such a parliament approves the motion to send soldiers to terrorist actions, to deploy soldiers, this parliament is terrorist."

His lawyer argued in previous hearings that the remark should not be taken out of context, that Ozic had said "if such a motion is approved" and that effectively the motion had never been approved by parliament anyway.

Proseutors: Criticism, not insult -acquit Ozic

Ozic was previously sentenced to one year imprisonment for these words in a hearing held on December 30, 2003 under article 159/1 of the old Turkish Penal Code but lodged a successful appeal in which the Court of Appeals overturned the verdict on grounds that a decision needed to be made under the June 1, 2005 new Turkish Penal Code.

Court of Appeals Chief Prosecutor Turhan Baser's decision to overturn Ozic's conviction was accompanied by his opinion that "within the contest of the whole, the speech is in the scope of heavy criticism expressed within the framework of freedom of expression". He said in that document that the mentioned offence had not taken place and an expression had been divided from its whole with half a sentence taken out of it to focus on.

Prosecutor Mithat Ozcan also told the court in Thursday's final hearing that the defendant had effectively used his freedom of expression and right to criticise, and that as the whole of the case folder showed no offence had not taken place, Ozic should be acquitted.

Court: He called the Grand Assembly terrorist

Despite the views expressed by both prosecutors and Ozcan's plea for an acquittal, the court focused only on Ozic's remark "this parliament is terrorist" and judge Ali Ihsan Kivrak passed a six months jail term for the defendant saying details of the sentence would be disclosed in the coming days.

While denying bail or deferment of sentence to Ozik, Kivrak also imposed heavy restrictions on the broadcaster under additional article 53/1 of the penal code which excludes him of all political and public rights until he has served his term inclusive also of his right to trade or employment for any entity that is of public nature.

The reason cited for refusing to set bail was that the offence had been committed against the Grand National Assembly while the reason for refusing to defer the sentence was disclosed as the defendant showing no regret for his remarks.

The defendant holds the right to appeal. (EO/KO/II/YE)