FREEDOM OF THE PRESS

An investigation has been started on journalist Kemal Göktaş from Vatan newspaper on the grounds of his book "The Murder of Hrant Dink - Media, Judiciary, State". Previously, also journalist Nedim Şener was tried because of his book "Dink's Murder and the Lies of the Intelligence Agency". Both books deal with the background of the murder of Hrant Dink, assassinated editor-in-chief of the Armenian-Turkish Agos Newspaper, in 2007.

Göktaş told bianet that he testified on 9 September before prosecutor İsmail Onaran in the context of the investigation launched upon Akyürek's complaint. Ramazan Akyürek is head of the General Directorate of the Police Intelligence Department.

After Şener also Göktaş is put on trial

Akyürek declared that he was not related to the Dink case and accused Göktaş of "attempting to influence" the case.. Albeit, Akyürek's lawyer Nurullah Albayrak stated in a petition dated from 20 June 2009: "Although my client is involved in this secret issue, he still has not received a copy of the report prepared by the Prime Ministry Inspection Board".

Albayrak claims that Göktaş is talking about Akyürek in his book, quoting page 147. He argues that the journalist put his client under suspicion when he said that "further question marks emerged when Akyürek's statement before the Turkey National Assembly's (TBMM) Human Rights Sub-Commission on the Hrant Dink Murder was combined with Tuncel's defense".

Adittionally, despite Akyürek's reports the following contents of the book are included in the indictment: protection of Tuncel (p. 218/219); after the murder the government "did not show political determination to reveal the criminal organizations within the state" (p. 289); Akyürek "did not move a muscle" to protect Dink (p. 302).

Göktaş found out about the investigation by coincidence

The journalist got to know about the investigation by coincidence when he appeared before the Ankara Court to make a statement regarding a different issue. Göktaş then was under charge of "violating the investigation's confidentiality" because he had reported about a statement made in the context of the Ergenekon case.

Akyürek had sent Göktaş's notification about the investigation to Nedim Şener's address in Bakırkköy. The mistake was noticed because Şener refused to sign the notification.

More than 2 years ago on 19 January 2007, around the time when Erhan Tuncel was made a secret agent, Aykürek was Police Chief of the city of Trabzon (eastern black sea cost) and requested a trial against Göktaş on the grounds of "attempting to influence a fair trial" (Penal Code 288), "insulting public officials" (Penal Code 125) and "influencing the judiciary" (Press Law 19).

To quote from a report and to publish a document is obviously a crime

Akyürek also considers it a crime that Göktaş quoted from the report prepared by the Prime Ministry's Inspection Board. Furthermore he claimed that Göktaş tried to associate him with a McDonald's bombing and with the Dink murder while he had already stated he had not been involved in the latter case.

Suç duyurusunda Trabzon Emniyet Müdürlüğü'nün cinayetten bir yıl önce İstanbul polisine Yasin Hayal'in Dink'e yönelik eylem yapacağının bildirildiği belgenin de "yasa gereği gizli" nitelikli olduğu da savunuldu.

In the criminal report it was also claimed that the document from the Trabzon Police Department informing Yasin Hayal from the Istanbul police about a planned action against Hrant Dink one year before the Dink murder was "confidential by law".

Journalist Nedim Şener, currently trialed under charges by Akyürek, Muhittin Zenit, Fatih Sarı and Ali Fuat Yılmazer, is facing a possible prison sentence of 32.5 years. (EÖ/VK)