Journalist Perihan Mağden has been acquitted of the charge of “alienating people from the military service” (article 318) filed against her for her article titled “Şimdi Vicdani Ret” (Conscientious Objection Now), published in daily Radikal. She was facing three years in prison.

The 2nd Criminal Court of First Instance reached the conclusion the elements of the crime had not materialized yesterday (November 26).

“One cannot be alienated with one article”

Coming to the hearing together with Radikal’s lawyer Nurcan Çalışkan, Mağden said in her statement that there was no country that have not accepted the right of conscientious objection in the European Council other than Turkey and Azerbaijan.

“In fact in a country where there is a war like this one, the military service must be based on professional soldiers. My article cannot alienate people from the military service where people go to the army with joy.”

Lawsuit against the statement “Conscientious Objection is the best answer”

Mağden had found herself in trouble for her statement “Conscientious Objection should spread out like a bush fire. It is the best and the only answer that those who are willing to fight for peace can give.

What does the law say?

According to article 318 of the Turkish Penal Code, “(1) Anyone caught encouraging or suggesting alienation of people from the military service or does propaganda towards this goal will be sentenced to prison from six months to two years. (2) If this act is done through media then the sentence will be doubled.”

She was acquitted of the four suits, but sentenced by the one filed by the Prime Minister

Mağden was prosecuted for and eventually acquitted of her article titled “Vicdani Ret Bir İnsan Hakkıdır” (Conscientious Objection is a Human Right), published in weekly Yeni Aktüel in December 2005.

She was acquitted in the case where she was on trial for criticizing the father of the accused in the case of the murder of the Priest Andrea Santoro. She was accused of insult.

She was prosecuted for the article she wrote about Pınar Selek who was accused of the Spice Bazaar Bombing. She was acquitted in this case in which she was on trial for “attempting to influence the process of fair trial”.

However, she was sentenced to pay 2500 euro in the case filed by the Prime Minister against her article titled “So, does the Prime Minister like her job?”, which was published in Radikal on February 14, 2008. (EÖ/TB)