TMY Ball in Constitutional Court
The 15 day print ban imposed on Ulkede Ozgur Gundem newspaper and a one month ban slapped on the affiliated Ozgur Halk magazine were relayed to the publications at the end of last week and are being appealed against while prints are currently on hold.
TGS: "We said so"
Turkish Journalists Union (TGS) chairman Ercan Ipekci said the banning orders, were expected from the very beginning of the debate on the anti-democratic nature of the TMY that allows for closures of publications with no formal trial or hearing.
"We shouted enough before this law was passed that closing down newspapers would once again come on Turkey's agenda" Ipekci told bianet in an exclusive interview. "But the intention was clear. Now they are enforcing that intention under a legal veil".
Noting that past experience showed the Constitutional Court was often delayed in taking decisions on issues, Ipekci warned that it was not certain when it would annul the article before it and said even if it did, any unjust done would remain done as Constitutional Court orders were not retroactive.
Ipekci predicts the plea of journalists will fall on deaf ears and says that courts will not wait for the Constitutional Court's final decision on two controversial articles of the new law that restrict media rights without enforcing them. "Those who are ruling, are reaching their targets" he says.
A certain amount of criticism from the top ranks of the TGS also goes to the mainstream media and in particular, owners of the mass circulation newspapers. "Media owners not even made a single statement" Ipekci points out.
"This law ties their hands and arms. The Gundem newspaper has been closed down but do they think the same article is not applicable to them? They could not take a bold step and instead they waited for professional organizations and bolder pens to react. And their voice came out weak. No one wanted to hear them."
TGC thanks President
The executive board of Turkey's Journalists Association (TGC) sent a letter to President Ahmet Necdet Sezer on Monday thanking him for asking the Constitutional Court to annul article 6/last of the TMY which allows for judges and prosecutors to close down publications that have "propaganda" content for periods of 15 days to a month.
Noting that Sezer's approach to freedom of press and expression were well known, TGC chairman Orhan Erinc told bianet his application for annulment was "concrete proof of this" but there was little else to do at the time being other than wait for the court's decision.
"We want and expect the prosecutors and judges to implement the law in force" Erinc said, adding that this was why a Constitutional Court decision was needed to clear the situation. "Because of this, it is against my opinion to say there is this law but don't implement it."
According to Erinc, as the Association is a trade organization it needed to evaluate developments according to traditions of the profession and freedom of expression as opposed to an angle discussing law.
He too, like Ipekci, recalls that Constitutional Court decisions cannot be retroactive and that even if any practice violates the constitution, that practice would take place in its time.
Journalists react
"Birgun" newspaper columnist Dogan Tilic said on the issue, "One wishes that the Constitutional Court could abolish the legislation that violates the freedom of expression in a way the President has objected to it, as soon as possible".
Criticizing the judges who issued the ban order of being "hasty" Tilic said this example was a "serious indicator of the vacuum of the democracy culture in Turkey" and called on the court to decide on the issue and annul articles against media freedoms as soon as possible.
"Cumhuriyet" newspaper writer Sukran Soner said the very fact that the President, who applied for the annulment was himself a man of law should itself expedite the decision making process. According to Soner, past experience shows Sezer's initiatives do achieve success.
Soner added that she hoped the justice would take into account those articles that threaten the freedom of media and expression and that at least some of them that are vital would be annulled to retain those freedoms.
Ozgur Gundem under new name
In the meantime, Ulkede Ozgur Gundem newspaper owner Ali Gurbuz and Editor Hasan Bayar have filed an appeal against the 15 day closure through their attorneys Ozcan Kilic and Inan Akmese.
Newspaper executives said that while as of today, August 8, the newspaper would remain closed, a new newspaper under the name of "Toplumsal DEMOKRASI" or Social Democracy, would go into print instead. (EO/II/YE)