Freedom of Expression Under Nationalist Siege
We witnessed the huge and numerous problems regarding freedom of expression and press, caused by the wording as well as the philosophy behind the legislation that those two parties enacted as reforms at the National Assembly.
In an environment where state institutions and security forces are held sacred, the new Turkish Penal Code, entwined with imprisonment sentences and criminalizing the ambiguous act of "insulting Turkishness" resulted in arbitrary trials and prosecutions, which took the infamous article 301 of the Code to international attention in 2006.
In contrast to the trends in international law, even criticism against state institutions were treated with a threat of imprisonment ranging up to three years.
As a matter of fact, BIA² Media Monitoring Desk's compilations conclude that the number of prosecuted journalists, publishers and activists had risen to 293 in 2006, in comparison to 157 in the previous year.
72 of those have been prosecuted under article 301 of the Penal Code (article 159 in the previous legislation). 35 people have been tried with article 216; eight on Law on Crimes Against Ataturk and 24 with allegations of "influencing the jurisdiction" with reference to different legislation.
37-page report classifies 318 different cases and 449 journalists, publishers and activists involved under the headlines "attacks and threats", "detentions and arrests ", "trials and initiatives", "European Court of Human Rights", "RTUK applications", "adjustments and seeking justice" and "Reaction to censorship""
Websites new targets for attacks
According to the report 26 journalists and two media outlets have been assaulted while seven journalists have been threatened and three websites have been hacked by nationalists in 2006. 33 journalists and 16 media outlets had been assaulted the previous year.
For example, journalist Metin Uca was attacked and injured following a seminar in Gazi University and offices of daily Cumhuriyet were targeted with hand grenades on two accounts.
Far and foremost PM Recep Tayyip Erdogan and other government members frequently made declarations where they blamed the press.
Sports commentator Hasmet Babaoglu said that he'd received threats after criticizing Mateja Kezman's transfer to Fenerbahce during the "90 Minutes" programme broadcasted on NTV.
Seven people convicted of article 301
Complaints filed by the General Staff, Police Department and nationalist circles as well as problems that arose during the judicial process brought the article 301 of the Penal Code into international attention. Number of individuals tried with the article in question went up to 72 from 29 in the previous year.
Hrant Dink, Sabri Ejder Öziç, Eren Keskin, Aziz Özer, Erol Özkoray, Mehmet Fethi Dördüncü and Hanefi Bekmezci had been convicted on those cases.
Before falling victim to a murder on January 19, 2007, Turkish-Armenian writer Hrant Dink had been prosecuted once again for saying that "he recognizes the Armenian Genocide allegations" during an interview with the Reuters agency and publishing a news on the campaign for the abolition of the very article he'd been tried of. Owner of his newspaper Agos, Sarkis Seropyan and responsible director Arat Dink will also be tried on that account.
13 of the cases filed with reference to the article 301 were acquitted while five cases were dropped because of prescription or lack of consent from the Ministry of Justice.
Courts prone to influence by the press!
24 journalists have been subjected to legal intervention with reference to articles 277 and 288 of the Penal Code and article 19 of the Press Law which defines the crime of "influencing a fair trial".
Hurriyet daily columnist Ahmet Altan was tried and acquitted on one account for his article titled "Child Who Lost His Name" where he commented on documents related to an ongoing legal case.
Lube Ayar, İsmail Saymaz, Faruk Çakır, İbrahim Yıldız, Necdet Tatlıcan, Hrant Dink, Aydın Engin, Serkis Seropyan, Arat Dink, Güray Öz, Murat Yetkin, İlhan Selçuk, Mehmet Sucu, Murat Belge, İsmet Berkan, Haluk Şahin, Erol Katırcıoğlu, Hasan Cemal, Nalan Akgün, Azer Banu Kemaloğlu and Ender Can Cevahir frequented court rooms for allegations of attempting to influence the judicial process.
Cumhuriyet daily reporter Alper Turgut has been convicted for reporting a case where police officers were acquitted by prescription on allegations of torture.
Three convictions for allegations of "inflaming hatred and hostility"
Article 216 of the Penal Code, which penalizes "inflaming hatred and hostility among peoples" continue creating controversy following ambiguous interpretations by the Supreme Court.
While four other cases resulted in acquittals, Islamist writers Emine Şenlikoğlu, Mehmet Şevket Eygi and Samir Cebeci were convicted on allegations related to the article.
Elaborate legal attention to news related to the military
As of 2007, writers will be tried at Specialized High Criminal Courts established to replace the disputed State Security Courts on allegations of "diverting public from military service" or "making terrorist organization propaganda".
Hurriyet daily reporter Sebati Karakurt and responsible directors Necdet Tatlıcan and Hasan Kılıç as well as Milliyet daily reporter Namık Durukan face upto five years imprisonment for their pieces on pro-Kurdish guerilla group Kurdistan Workers' Party (PKK).
Daily Birgün's Sunday supplement editor Gökhan Gençay and responsible director İbrahim Çeşmecioğlu is on trial with allegations of "diverting public from military service" for an interview on conscientious objection while Ülkede Özgür Gündem daily reporter Birgül Özbarış faces a total of 21 years in prison for several cases on the same article.
Journalist Perihan Mağden has been acquitted on a similar allegation.
Three million euros worth of actions for damages against the press
Last year number and cost of suits for damages against those who expressed their views also accrued: Army Cooperation Instution (OYAK) has filed cases against five journalists demanding 5 million YTL (around 2,5 million euros) in damages for critical articles of a tender in which the institution was involved.
In 2006, counting the actions for damages filed by OYAK, MOPAK and gold mine firms that continue using cyanide in explorations in Bergama, total worth of damages requsted from journalists amounted to 6 million 60 thousand YTL (around 3 million euros). It was 1, 5 million YTL the previous year.
"Insulting Ataturk" cases rest as usual
Journalist İpek Çalışlar, writer of Ataturk's partner Latife Hanım's biography as well as Aram publishing house owner Fatih Taş who released John Tirman's ""Spoils of War: The Human Cost of America's Arms Trade" and its translators had benn acquitted on allegations of "insulting Ataturk", the founder of the Rebuplic of Turkey.
Despite this positive development, publisher Ragıp Zarakolu and two translators are still on trial in relation with this law.
Furthermore, Peri Publishing House owner Ahmet Önal has been convicted on a case against the book, "Ambitions and Prisoners" by Evin Çiçek. Nationalist and Kemalist circles have targeted Prof. Atilla Yayla, following his critical comments of Ataturk during a conference.
Alternating journalists in prisons
In 2006 three media workers were released as four others got imprisonment sentences. Those arrested following an operation launched against the outlawed Marxist Leninist Communist Party (MLKP) organization are still not charged after six months. Among the 36 arrested are İstanbul Özgür Radyo broadcast coordinator Füsun Erdoğan, Atılım newspaper editor-in-chief İbrahim Çiçek and coordinator Sedat Şenoğlu.
In another raid by security forces to the leftist Özgür Halk and Genç Bakış magazines, concessionaire Suat Kolca and three workers were arrested.
Two DİHA-Dicle News Agency reporters who were arrested on allegations that molotov coctails were found in their vehicle during the anniversary of PKK leader Abdullah Ocalan's arrest had been released after nine moths in prison.
Number of condemnations in the ECHR decrease
Number of convictions and cost of damages given by the European Court of Human Rights (ECHR) against Turkey in cases involving freedom of expression decreased in 2006.
During the year the strasbourg court ruled for damages amounting to 221 thousand euros to 45 individuals. This figure was around 400 thousand euros in 2005.
No regulation but penalties in broadcasting
Turkey's Radio and Television Supreme Board (RTUK) conducted several meetings with tv broadcasters following public reaction to day time so-called women's and magazine programmes.
After a complaint by RTUK on grounds of "unlicensed broadcast" regarding İmaj Radio, a court decision said "the Board recognizes the radio's existence when collecting dues from advertisement income and now try to complain about unlicensed broadcasts". RTUK is yet to conduct license allocations since more than 10 years when private-owned stations went into air.(EÖ/EÜ)