FREEDOM OF SPEECH

The Adana 1st Criminal Court of First Instance (southern Turkey) found Human Rights Association (İHD) Adana Branch Chairman Ethem Açıkalın guilty of "inciting hatred and hostility" in the very first hearing of the case on 27 October. Reason for the conviction is a broadcast of Roj TV on 29 November 2008 where Açıkalan had criticized the legal proceedings regarding children who were arrested and received severe sentences for attending protest actions. Açıkalın was handed a 3-year prison sentence.

The court pronounced the judgement in the first hearing of the trial which was launched out of an investigation into "spreading PKK propaganda". The court heard the defendant's and his lawyer's defence and the public prosecutor's plead for a conviction of the defendant. After this, the court did not see the need for a second hearing and pronounced the sentence.

Not the governor but İHD member Açıkalın was punished

President Judge Hüseyin Öksüz did not only convict Açıkalın, he also deprived him of civil rights such as suspending the sentence

Public Prosecutor Hanifi Yavuz said in the final speech of the prosecution, "In a telephone interview with Roj TV Açıkalın cited a few simple demonstrations that had occurred in Adana and exaggerated his description as if they had been huge incidents with hundreds of people arrested. He created feelings of hatred, outrage and hostility between different groups of the society. By presenting the governor's statement about deceived children throwing stones at state vehicles, Açıkalan suggested the impression as if the governor had given an order for a massacre. Thus, the defendant has fulfilled the allegations. On behalf of the people I request and plead in punishment according to articles 216/1 and 53 of the Turkish Criminal Code".

Regarding the allegations on spreading propaganda for an illegal organization, Acıkalın's lawyer Beyhan Güneyli said to her client's defence, "The point at issue is the criticism of the announcements of the governor of Adana. As the bar association we criticized those announcements as well. Inciting hostility upon religious and language-based discrimination is not the point at issue. Elements of crime have not been constituted. I request the acquittal of my client".

Açıkalın declared, "Our duty as the İHD is to publicly announce the complaints coming to us in referring reports. In this context I also spoke on Roj TV. I request my acquittal". However, the court decided for the maximum penalty.

Defending children results in imprisonment

In the broadcast, Açıkalın criticized governor of Adana İlhan Atış's suggestion to "withdraw green cards [which entitle poor families to free medical treatment] for parents whose children participate in demonstrations" and talked about a "dirty war". It was for these reasons that public prosecutor Duran Yılmaz requested Açıkalın's conviction in the indictment on 15 May this year.

Açıkalın had previously told bianet that he merely shared his thoughts on a pressing question. As reported by the İHD Adana chairman, currently 84 children, 7 of them detained, have been sentenced to a total of 382 years and 11 months imprisonment.

Human rights defender Açıkalan is also being tried under allegations of "resistance to the police" because of his response considering a police raid of the Democratic Society Party (DTP) provincial headquarters. Additionally he is subject of an ongoing trial regarding his criticism of heavy penalties for children. (EÖ/VK)