FREEDOM OF EXPRESSION

The case against writer Temel Demirer under article 301 of the Turkish Criminal Code (TCK) on "Insulting the Turkish People, Republic of Turkey and Governmental Institutions and Bodies" has been pending for more than 2 years. Demirer is tried on the grounds of his statement "Hrant Dink was not murdered because he was Armenian but because he recognized the genocide".

Former Ministry of Justice Mehmet Ali Şahin approved of the author's prosecution, saying that "I will not have anybody call my state a murderer". At the same time, the Administrative Court struggles to void the Ministry's approval.

Demirer expects positive decision from administrative court

Demirer's case is to be continued before the Ankara 2^nd Criminal Court of First Instance on 21 January 2010. He is facing prison sentence of up to 2 years.

The Ankara court is waiting for a reply from the administrative court since 14 November 2008. Upon the rejection of the administrative court, the joint attorneys objected once more at the Regional Administrative Court on 29 January 2008.

Regarding criticism related to the independence of the judiciary, judge Kadır Kavas from the Ankara 4^th Administrative Court argued, "Even if a grandfather would make an announcement instead of the prime minister, the independence of the Turkish judiciary would not be affected".

Ministry approved prosecution for Miroğlu

The ministry also approved of the prosecution of Taraf newspaper journalist Orhan Miroğlu. Miroğlu is the former deputy chairman of the recently closed pro-Kurdish Democratic Society Party (DTP). He is one of 37 party members exposed to a political ban in the course of the closure decision.

The journalist is tried under article 301 the Turkish Criminal Code for his article entitled "Single Soldiers" published on 12 December 2007. In the article Miroğlu criticised a picture and article published by Sabah newspaper showing "single Turkish soldiers side by side with Kurdish women dressed in traditional clothes".

He gave a statement upon instruction before the Kadıköy (Istanbul) Criminal Court of First Instance. Based on the news entitled "Border Rangers Remain Single", Miroğlu claimed that in the past women were kept in police stations for months for sexual abuse. He also brought the S.A. case to the agenda, in which Turkey was convicted by the European Court of Human Rights. (EÖ/VK)