According to the 2009 annual report published by the BİA Media Monitoring Desk, a total of 323 people stood trial in the context of freedom of thought in 2009, among them 123 journalists.

The report comprises the cases and struggles of 978 people. Violations of freedom of expression are divided into seven sections: "Attacks and Threats", "Arrests and Detentions", "Trials concerning Press Freedom and Freedom of Expression", "Corrections and Legal Redress", "European Court of Human Rights", "Reactions to Censorship" and "Implementations of RTÜK".

While the report makes no claim to be complete, it aims at giving an impression of the variety and intensity of targetting press freedom and freedom of expression.

Attacks and Threats

A group of 15 young leftists protested against the arrest of 3 friends in the city centre of Edirne in the north- western region of Thrace on 27 December. Their friends had been taken into custody for alleged membership of an illegal organization. A crowd of about 750 people physically attacked the young protesters and shouted slogans like "This is Edirne, there is no traitor here"  and "Down with the PKK". In a press release, the young leftists demanded the USA to withdraw from the İncirlik base in Adana and the detainees to be released. They also initiated a signature campaign in the same context. The police were not able to take the situation under control. 6 people were injured in the course of the incident.

Conscientious objector Enver Aydemir claims that he was exposed to torture and maltreatment in prison for refusing to wear military clothes on 26 December.  Aydemir started a hunger strike to express his protest. His wife, his father and lawyer Yılmaz filed a criminal complaint. Aydemir told lawyerDavut Erkan: "They told me to wear the standard prison clothes. I told the person on duty that I was not going to wear those clothes, so they heavily beat me with truncheons. They undressed me and let me wait in my underwear in a cold room until the next morning". Aydemir said that he was repeatedly exposed to beating for his refusal to wear the standard clothes and for going on hunger strike. It was announced that Aydemir, who is married and father of two children, was taken to the hospital ward and treated with infusions by force. The Association for Free Thought and Educational Rights (Özgür-Der) condemned the implications.

Journalist Cihan Hayırsevener from Güney Marmara'da Yaşam newspaper ('Life in Southern Marmara') had been threatened for a while before he was shot on Atatürk Boulevard on 18 December. He bled to death after the attacker had shot several bullets in Hayırsevener's leg. 29-year-old Serkan Erakkuş was arrested on 23 December in the town of Edincik. The Bandırma High Criminal Court took Erakkuş into detention under charges of murder and brought the defendant to the Bandırma M Type Closed Prison. Defendants Tolga Ö. and Ali T. were arrested in the Balıkesir district of Burhaniye. The court decided to prosecute them un-detained. The police stated to have confiscated the weapon used for the murder and furthermore confirmed upon eye-witnesses and footage of security camera that two cars had been used in the incident. The cars had been rented and were found in the districts of Susurluk and Bandırma respectively. Marmara TV declared, "We will follow this malicious and treacherous attack up till the end. We believe that punishment will be pronounced to the suspects and the focus of power behind them and we share the trust we have in the judiciary with the public". Balıkesir Journalists Association PresidentRamazan Demir and Ümit Babacan, owner of Güney Marmara Yaşam newspaper stated that journalist Hayırsevener was not killed as a result of a personal attack but that he became a victim of organized crime.

On 7 December, journalist İzzetin Oktay from Duruş newspaper was attacked by the police when he covered a press release and the following events organized by the pro-Kurdish Democratic Society Party (DTP) Siirt Provincial Organization in eastern Anatolia. Oktay filed a criminal complaint because he was assaulted by the police and his camera was broken. The journalist from Duruş daily claimed that the police confiscated his pictures when he was working on a news report. Oktay argued that the policemen surrounded him and beat him with their fists and truncheons. "They confiscated the memory card of my camera. They damaged my camera beyond repair by slamming it to the ground a couple of times. They beat me with their fists and truncheons. They also addressed me with insulting curses. They wanted to arrest me. I had trouble to recover. I collected the parts of my camera and moved away", Oktay described the incident.

DİHA news agency Ömer Çelik stated that police officers insulted him and deleted pictures and footage when he was following up a protest action concerning prison conditions of Abdullah Öcalan, leader of the militant Kurdistan Workers' Party, in the Ümraniye district on the Anatolian side of Istanbul on 6 December. The police allegedly returned the camera to its owner after having deleted the pictures of the event.

Anatolian news agency (AA) reporter Seyfullah Ayvalı was attacked on 2 December by municipality employees when he attempted to cover the monthly council meeting of the Tire Municipality (Izmir). Ayvalı was hurt at his left eye by the attack. He filed a criminal complaint at the police station and obtained a medical report from hospital proving evidence of physical assault. Izmir Journalists Association President Atilla Sertel drew attention to the fact that verbal and physical attacks against journalists have increased. Sertel said in his written announcement, "We expect the people involved in the attacks to be brought to justice as soon as possible".

The Adıyaman Gerger Criminal Court of First Instance launched a trial against Mayor Arif Karatekin and his brother İlhan Karatekin on the grounds of their assault against Gerger Fırat newspaper owner Hacı Boğatekin. The journalist had been attacked when he took pictures of a fire at a municipality waste dump on 28 July. He suffered injuries in his face and his camera was broken. Un-detained defendant İlhan Karatekin stated at court, "I have no idea how Boğatekin's injuries occurred. His camera fell down during a scuffle, I did not break it". Boğatekin on the other hand claims that Karatekin insulted him and punched him in his face twice to prevent him from taking pictures. He stated that they took the camera form him and threw it away. The court heard the statements of five soldiers, Budaklı Köy village headman Şeyhmus Kılınç, Şerif Kuş and four other persons. The soldiers said they were ordered to the scene by the Commander to extinguish the fire and that they did not witness a fight. Kılınç and Kuş stated, "By the time we arrived the fighting persons had already been separated". The case is to be continued on 29 January 2010.

Joint attorney of the Hrant Dink case Fethiye Çetin considered the allegations regarding a "Cage Operation Action Plan" published by Taraf newspaper on 20 November as "grave and frightening". The "Cage Operation Action Plan" was supposedly worked out as a coup plan by the Naval Forces, targeting non-Muslims and aiming to charge them of their religious beliefs. Daily Taraf claimed that the plan listed homes and business places of non-Muslims and included a plan which marked 939 non-Muslim representations. Lawyer Çetin expressed her astonishment about the matter, "I am in horror right now. Some forces of this country sit down and they will make a plan to define their fellow citizens of their own country as enemies. They will kill Armenians and non-Muslims in the psychological war they conduct against the ones defined as their enemies, both in terms of supplies and casualties". Çetin stated that the Hrant Dink murder case might be merged with the Ergenekon trial in case of a tangible connection with the Dink case and a verification of the claims. On the same day the General Staff announced that they filed a criminal compliaint at the Ministry of Justice against Tarfa newspaper.

Taraf newspaper writer Sevan Nişanyan was targeted by about 400 e-mails after his article entitled "Speech to the Youth" published on 29 October. The author complained at the Selçuk (Aegean coast) Prosecution and regards the incidents as an "organized activity". Nişanyan opened his article with the following words: "86 years are enough in my opinion. A language not reaching beyond blood-motherland-enemy rhetoric has enslaved this country for so many years. It is time to think of something new". He described "Kemal Pasha" as "the peak of "blood-fatherland-enemy literature". Nişanyan argued, "I think this is an organized action by non-civilians who were directed by a certain place. Therefore I am not very hopeful related to the legal procedures. Some judges receive their instructions from the same place as the ones who sent me threatening messages". Several people who showed a negative reaction to Nişanyan's article on the internet send a petition form demanding 4.5 years imprisonment for the writer based on Law no. 5816 on Crimes Directed Against Atatürk enforced in 1951. Nişanyan also received messages containing death threats.

The Bakırköy 4th Court of First Instance in Istanbul adjudged Brigadier General Dursun Ali Karaduman from the Giresun Gendarmerie Regional Command on the eastern Black Sea Coast to pay 2,000 Turkish Lira (TL) (approximately € 900) in compensation for damages for mental anguish. Karaduman had targeted assassinated editor-in-chief of the Armenian Agos newspaper Hrant Dink in a poem he read out at a soldier's funeral. Furthermore, he was quoted as saying at another soldier's funeral, "They even condemn it and raise their voices when a traitor is killed". The Dink family symbolically set the amount of the compensation to TL 1. Yet, in order to be able to hear the case the court raised it to TL 6,000. Lawyer of the Dink family Deniz Tuna toldbianet that the family partially accepted the amount claimed by the court and said that the family plans to donate the 2,000 TL decided by the court on 6 November to Nesin Foundation to support victims of the flood that hit parts of Istanbul in September this year. Karaduman allegedly defamed Dink twice after the journalist had been assassinated on 19 January 2007. The first time he targeted Dink in a speech Karaduman made at a soldier's funeral on 9 April 2007. The second time he mentioned Dink's name to his disfavour in a poem he read out at another soldier's funeral on 20 June 2007. The court found Karaduman guilty of attacking Dink's moral integrity on the grounds of his speech and his poem.

Yüksekova Haber newspaper editor-in chief Zeki Dara was assaulted by the site manager and builders on 3 November when he tried to take pictures of the construction of a primary school in Değerli Village in the Yüksekova district of Hakkari at the south-eastern tip of the country. The site manager said the journalist did not have permission to take pictures. He attacked him and broke his camera. Hereupon the situation escalated. Dara filed a complaint at the Yüksekova District Gendarmerie. The site manager was taken to the Yüksekova State Hospital after the incident where he died. According to the hospital report, journalist Dara suffered from an oedema at his head. He expressed his sorrow about experiencing such a situation and said that he was just trying to fulfil his duty. The builders from the construction site stated that the journalist did not have any contact with the site manager and that he slumped himself to the ground. The District Gendarmerie Command launched an investigation into the matter.

Eight gendarmerie officers stand trial on the grounds of neglect in the murder case of Hrant Dink, Turkish-Armenian editor-in-chief of Armenian Agos newspaper assassinated on 19 January 2007. Statements were taken of two of a total of six informants of the Trabzon Pelitli Municipality that claimed to have fulfilled their duty on behalf of the gendarmerie. The Trabzon 2^nd Magistrate Criminal Court refrained from hearing the other four informants. The court wants the statements on the substance of the matter to be presented in the next hearing on 12 February 2010 in case the lawyers of the Dink family do not request the investigation to be extended. On 23 October 2009 it was found out the the Trabzon Gendarmerie Command had six informants registered in Pelitli. Former Trabzon Chief of Police Ramazan Akyürek and former Governor Hüseyin Yavuz Demir stated that in the protocols of 2005, 20006 and 2007 they did not come across any registry regarding Yasin Hayal.  The Dink lawyers requested to take the statements of both Akyürek and Demir as witnesses. The court declined. The lawyers applied to the European Court of Human Rights (ECHR) upon the fact that non of Trabzon Police officers is being prosecuted. The persons tried because of neglect prior to the Dink murder are Trabzon Gendarmerie Regiment Commander Colonel Ali Öz, intelligence branch officers Lieutenant Metin Yıldız, non-commissioned officers Gazi Günay and Hüseyin Yılmaz, Sergeant Major Okan Şimşek, Special Sergeant Majors Veysel Şahin, Hacı Ömer Ünalır and Önder Araz. The eight officers face imprisonment of up to two years.

Chief of Police General Directory Intelligence Office Ramazan Akyürek was deposed from office as announced on 16 October. He is accused of remaining passive prior to the murder of journalist Hrant Dink in 2007 instead of having taken measures to protect the Agos newspaper editor's life. At the time of the murder Akyürek was chief of police in Trabzon and had made Erhan Tuncel a police informant with the help of a faculty member. Tuncel is prosecuted in the Ergenekon case the instigator of the crime. Dink family lawyer Fethiye Çetin stated that Akyürek did not do what would have been necessary according to reports he had received from several intelligence units before the Dink murder regarding preparations to the journalist's assassination. Çetin furthermore argued that the issue was also influenced by illegally making Tuncel an undercover informant. Çetin reminded that the Prime Ministry Inspection Council had issued a report concerned with several police officers, among them Akyürek, who did not their duty, "It was a big mistake and a major obstacle for revealing the truth that police officers, who paved the way to murder with intentional neglect, deficiency and mistakes, were still on duty. After the murder, Akyürek demanded information and documents related to the incident. It was also reported to the court trying the case that some documents had been destroyed. We hope and wish that the reposition of duty will provide the missing documents. I am sure that the documents claimed to be destroyed are stored somewhere". Akyürek was transferred to the central office.

On 13 October, Habertürk newspaper sports journalist Erhan Telli was beaten by reason of a news item related to a conversation between Fatih Terim, coach of the national football team, and Head of Bursaspor sports club İbrahim Yazıcı. Journalist Telli claimed that he was attacked by Yazıcı himself because of the news entitled "Have I resigned or what?". The Habertürk reporter stated that security personnel standing close by just watched the incident without stepping in. The news item dealt with the confusion caused by the resignation of Fatih Terim in order to renew his vote of confidence, whereas Federation President Mahmut Özgener did not accept Terim's resignation. The article reports about Terim communicating his disturbance about Özgener's attitude to Yazıcı from Bursaspor. The Interntional Press Institute National Committee condemned the assault: "We expect the officials to show the necessary sensibility regarding the incident". The Turkey Sports Journalists Association strongly criticized Yazıcı and his bodyguards: "Attacking a sports journalist who is fulfilling his public duty together with bodyguards is nothing else but banditry. This clearly constitutes a crime according to current legislation". The Press Council forwarded Yazıcı's comment that he was not answering any questions on the matter, he would use his legal rights and denied the actual attack. The Turkish Journalists' Society (TGC) made the following announcement: "It has increased our worry that violence against our colleagues as previously experienced at political party cogresses, demonstrations or press conferences has now entered the area of sports".

On 12 October the Istanbul 14^th High Criminal Court decided to take the statement of detained defendant Yasin Hayal from the Intelligence Office Directorate regarding Hayal's connections to a planned attack on author Orhan Pamuk. Hayal stands accused for instigating the murder of Hrant Dink. Defendant Ogün Samast had a close look at the weapon used for the murder and answered questions at court. The court asked what kind of information related to Pamuk was obtained by Ramazan Akyürek when he was still Head of the Intelligence Office Directorate and until 2006 when Akyürek was Head of the Trabzon Police. The court wanted to know what Akyürek did in return for the information and which results came out of it. Furthermore it was asked if there were any connections between the plan of this attack and Yasin Hayal and his organization. President Judge Erkan Canak declared that the secret witness of the murder will be heard at the coming hearing on 8 February 2010 since there was not enough time to hear all defendants, the joint attorneys of the Dink family objected. The following detained defendants are tried in the scope of the case: Ogün Samast, Erhan Tunel, Yasin Hayal, Ersin Yolcu and Ahmet İskender. Zeynel Abidin Yavuz, Tuncay Uzundal, Salih Hacısalioğlu, Veysel Toprak, Osman Altay, Osman Hayal, Coşkun İğci,Halis Egemen, Yaşar Cihan, Erbil Susaman, Alper Esirgemez, Numan Şişman, Şenol Akduman, Mustafa Öztürk and İrfan Özkan are prosecuted un-detained. The court requested requested relevant information, documents and ascertainments concerning Durmuş Ali Özoğlu to be sent by the Ergenekon trial porsecutors. The Ergenekon defendant is mentioned in the indictment in the context of "psychological war" regarding topics such as the "Armenian question". The lawyers ivestigated a scheme they had previously forwarded to Prosecutor Zerkeriya Öz related to information on communication between several Ergenekon and Dink murder case defendants. FBI officials from the American Consulate in Istanbul will be interrogated about the msn traffic of defendant Erhan Tuncel. The first time since the case is tried, Erhan Tuncel said that he was told by Yasin Hayal, who came to his house, that Ogün Samast will be the one who was going to target Dink. According to the joint lawyers, the intelligence information brought to court by Ramazan Akyürek showed that triggerman suspect Samast met with several people after he had arrived from Trabzon at the Istanbul Bus Terminal. The lawyers stated, "The document shows that state intelligence organizations observed Samast before and after the murder". Moreover, the lawyers reminded that Turkish Orthodox Patriarchate spokesman and Ergenekon defendant Sevgi Erenerol held briefings with members of the General Staff, of the Air Force Commandership and various security istitutions which created a negative perception about minorities. The court requested a CD related to such seminars in 2006 from the Istanbul police. Results of the seminars at the General Staff Directorate had previously been sent to court. The court had not accepted requests for criminal complaints against the Telecommunication Communication Presidency (TİB), and Security officials from the Intelligence Office Directorate and the Trabzon Police; the requests were reiterated. The court declined the prosecutors request to release Ahmet İskender and Ersin Yolcu.

Lawyer Mebuse Tekay received death threats via electronic mail from the Turkish Revenge Brigade (TİT) and declared to file a criminal complaint against the organization. Tekay commented, "This is nothing to comprehend or to accept. We presented a legal application, what is therein?".The lawyer added, "Chief of General Staff İlker Başbuğ does not need this sort of protection". In the course of the religious holiday after the fasting month of Ramadan, Başbuğ went to the province of Mardin in the southeast of Turkey and gave a speech at the Sınırtepe Police Station. He was quoted as saying: "Especially people from this region, our citizens, including eastern Anatolia, these people support the aghas [village clan chiefs]. If we are at this point today, this is one of the basic foundations. Those who have suffered from aghas are now suffering from political and terrorist aghas. One of the basic questions is how to free our people from political and terrorist aghas". Istanbul Independent MP Ufuk Uras and activist Cengiz Algan filed a complaint against Chief of General Staff İlker Başbuğ. The petition was also signed by Oya Baydar, Baskın Oran, Ahmet İnsel, Mithat Sancar, Mebuse Tekay, Aydın Engin and Sezgin Tanrıkulu. The prosecutor transferred the petition to the Military Prosecutor's Office, saying that it "exceeded his authority".

On 24 September the Siirt High Criminal Court Prosecutor Erdal Bozoğlu requested heavy prison sentences for detained defendants Feyzi Aldemir, Hamit Kurt, Feyaz Aldemir and Tahir Aldemir over allegations of assaulting and seriously injuring journalist Diya Yarayan. Prosecutor Bozoğlu requested heavy prison sentences for the defendants on the grounds of a "deliberate attempt to kill a person". Upon the prosecutor's final request Bozoğlu summarized the incident, saying that on the day of the assault the police was informed about a fight in front of Selami Değer High School. The people who had injured Yarayan escaped in a car and ignored orders to stop. The car's plate could be identified. The people in the vehicle threw 2 sticks out of the rear window when they tried to escape from the scene. Bozoğlu placed on the record that the Forensic Medicine Report confirmed mortal danger for Yaranyan resulting from the injuries from the assault. The court decided to hear the statements of the witnesses of the defendants. Sedat Çakmak, Abdulhakim Siper and Mahmut Uğurunanimously stated that they did not know who assaulted the victim. This also concurred in the defendant's statements.

Owner and editor-in-chief of the Batman GAP newspaper Mansur Obut filed a complaint against Governor Ahmet Turhan. The journalist accused the governor of attacking him in his office after publishing a news article on 24 September entitled "No interest in Bayram". Bayram is the religious holiday in the end of Ramadan, the Islamic month of fasting. The news item went as follows: "Especially regarding the official institutions, Ramadan Bayram has passed extremely cold and quietly. This year for the first time the celebrations happended only in the garden of the governorship and were not crowded at all. The lack of people at the celebration and people not joining the Bayram vistis are a result of governor Turhan's mismanagement and his not integrating the people". Obut claimed that after the article was published he was called to the governor's office. The journalist explained, "After insulting me very badly, Turhan pushed me against the wall and started to punch me with his fists on the pit of the stomach and on the chest. He said that he would not let me lead my life in Batman and that he would give instructions to all institutions to deny entry to me and my newspaper". According to the statement from the governor's office, Obut as the president of the 'GAP Media in the Development of Social Society Press Support Association' applied for a "Women's Rights Awareness Project" called SODES. He allegedly showed this kind of behavior because the project had been found inadequate and thus was rejected by the State Planning Agency (DPT). The journalist replied to the governor's office's allegation by explaining that this project belongs to the previous governor's term in office.

Yakup Önal, owner of the local Sesi ('Voice') newspaper, was assaulted when he took pictures of a bus that had tipped over after an accident on 9 September. The incident happened in the Şarköy district of Tekirdağ, a city west of Istanbul. 3 bus drivers from the Istanbul Seyahat Company attacked the journalist. Önal's back was injured as a result of the assaults. The journalist complained at the district's Police Department. The journalist explained what happened after the assault: "Under the surveillance of the police I came to the emergency room of Şarköy State Hospital. Several tests were made and I was kept there for three hours under observation. Then I was taken to Tekirdağ State Hospital where I had done a tomography since the severe hits on my back could have caused inner bleeding. I was kept under observation for some more time and then was released from hospital. I cannot work right now because of the pain resulting from the assault". The bus drivers that had attacked the journalist were arrested. After having taken their statements, the public prosecutor released the aggressors.

The GAP Journalists Association condemned the attack of journalist Ömer Pınar from Doğan News Agency (DHA). On 7 August Şanlıurfa Mayor Ahmet Eşref Fakıbaba visited tradesmen in the Tarihi Hanlar region. Pinar expressed his compassion for the knife attack Fakıbaba had escaped and upon asking him questions about the incident, the mayor kicked the journalist. The nearby factory staff members stepped on the journalist. The Contemporary Journalists' Association (ÇGD) and the Photo Journalists Association condemned Fakıbaba's attitude towards journalists. The GAP Journalists Association criticized, "Press freedom is not a freedom only used in connection with the press and press institutions. In democratic countries the freedom of the press is perceived as the people's freedom to be informed. And in order to make free news about individuals in an age of communication, the ruling people should claim press freedom, watch and protect it". As far as Fakıbaba was concerned he stated that the news published did not reflect realtity.

Gerger Fırat newspaper owner Hacı Boğatekin was assaulted on 28 July when he tried to take pictures of a fire that broke out in a municipality waste dump at the edge of Gerger district in the south eastern province of Adıyaman. Newspaper owner and editor-in-chief Boğatekin was attacked by municipality staff when he wanted to take pictures of the forest fire. He underwent medical treatment in the Gerger Health Centre because of injuries in his face. Boğatekin stated that he had been assaulted by municipality personnel and mayor Arif Karatekin. The journalist's camera was damaged beyond repair. Journalist Boğatekin filed a criminal complaint against mayor Arif Karatekin and the mayor's brother İlhan Karatekin. The Gerger Fırat newspaper had published an article, entitled "Municipality Shocked by Confiscation", concerning a trial against the municipality launched by workers who had been made redundant without receiving compensation payments. Newspaper owner Boğatekin said that one of the attackers addressed him before the assault, "You cannot make news out of us, you cannot take our pictures". Boğatekin had been tried dozens of times for harshly criticizing the actions of the Greger officials. He served a 109 days prison sentence for being found guilty of connecting a prosecutor with the religious Fetullah Gülen movement. The Press Institute Foundation and the Press Council condemned the attack.

On 24 July the Trabzon 2^nd Magistrate Criminal Court decided to launch an investigation into activities of Yasin Hayal from the Trabzon Province Gendarmerie Command who is tried for instigating people to the murder of Hrant Dink. Hayal is one of the defendants in the case against 8 gendarmerie officers under allegations of negligence towards the murder. Former Provincial Gendarmerie Commander Colonel Ali Öz and 7 un-detained soldiers did not attend the hearing. The judge decided to acquire information and documents from various institutions to obtain new information. Joint lawyer of the Dink family Bahri Bayram Belen stated that in case the request will be accepted, the murder could be investigated from several directions. "Colonel Öz did not say anything clear about what he did. However, it is obvious that he brought it up in the weekly or more frequent provincial security meetings with Hayal and his collegues", Belen said. The judge demanded to disclose the names of Hayal's informants in the Gendarmerie Command of the Trabzon distirict of Pelitli where Hayal used to live prior to the murder. The judge decided to summon these people to court to hear their statements.

Söke Gerçek newspaper owner Durmuş Tuna was beaten in front of his 8-year-old daughter and 11-year-old niece by 8-10 attackers with sticks on 6 July. He suffered fractures in his right arm. The attackers ran away when they were noticed by a by-passer. The journalist underwent medical treatment in a hospital. Tuna stated to the police that he had been attacked by 7-8 people he did not know. Tuna claimed, "It is our job to write what we think is the truth. And we do that within the framework of law and democracy. For whatever reason, this attack on my person and on my profession is beyond any understanding, I am sorry". The Turkey Journalists Society (TGC) announced, "We are sadly observing a rising number of attacks and threats against the people and institutions that support the thriving of democracy in this country and against journalists working under very difficult conditions in the local media".

At the tenth hearing of the Dink murder trial at Istanbul's 14th Heavy Penal Court on 6 July, the court warned the Istanbul police, the Ankara Telecommunications Directorate, the Police General Directorate and the Trabzon police to send the information requested by the joint attorneys. DefendantYasin Hayal, was described as a "good guy" by the Trabzon gendarmerie, according to the statement of Veysel Şahin, himself detained in Malatya prison but called as a witness. The detained witness had apparently seen Hayal only once during his sporadic visits of the Trabzon Gendarmerie Command between 2003 and 2005. Şahin, who said that he himself sometimes worked as an "intelligence officer", stated that he did not know Erhan Tuncel who is tried under allegations of persuading others to act on his behalf. Şahin told the court that Tuncel worked for the Trabzon Gendarmerie Command lead by Colonel Şinasias an intelligence officer because he stayed in Chechenya and was fluent in Arabic. Şahin had been told by branch president Feridun Yüzdaşı about Hayal, "He is a good guy, he loves his country and nation." When Hayal was asked about Şahin's utterances, he said he did not recognize him. Tuncel requested to join a Witness Protection Program as soon as he was released since his name had been revealed which made him a target of terror organizations. Mesme Havva, supposedly the first person on the scene after Dink was murdered, turned to defendant Samast and said "This is probably the culprit. I cannot fully remember. Since it was winter their faces were obscured". The court decided to invite witness statements of seven people, and to force those who had been called before to come to court, namely Mithat Alkan, Ergün Çağatay, Serkan İskender, Lerna Atan, Ayşe Pamiş, Şahabettin Şahin and Cemal Yıldırım. The judges further declined the demand for release of five detained defendants Ogün Samast, Erhan Tuncel, Yasin Hayal, Ersin Yolcu and Ahmet İskender. Ogün Samast, the young man accused of fatally shooting journalist Hrant Dink on 19 January 2007, threatened the Dink family and joint attorneys by saying "Only five more years...", implying that he would then be released. The eleventh hearing will take place on 12 October. An unidentified witness will be heard, and it was demanded that the necessary technical preparations be made. Furthermore, the gun used to kill Hrant Dink will be brought to court. The court decided to again ask the Police General Directorate to send a transcript of a conference entitled "Missionary Activities in Turkey", organised by Ergenekon detained defendant Sevgi Erenerol. Should the directorate not comply, the court will initiate legal proceedings. The joint attorneys had also complained about Ramazan Akyürek, head of the Police Intelligence Unit, and his unit, for not sending the documents and reports relating to the time prior to the murder. The court decided to request the relevant documents F3, F4 and F5 again.

Ozan Kılıç, license owner and editor of the daily Azadiya Welat newspaper has, applied to the Diyarbakır Chief Public Prosecution because he has been receiving death threats via SMS messages on his mobile phone. On 18 June, he told the prosecution that he had been told via the phone that if he did not stop publishing the newspaper, his life would be in danger. He further told the prosecution that he received another message from the same number the next day, reading; "Did you get my warning? TİT". TİT is known to be the abbreviation of the ultranationalist Turkish Revenge Brigade, which became known after an armed attack on Akın Birdal, president of the Human Rights Association (İHD) in 1998. Kılıç said in his criminal complaint that the two messages have left him in fear for his life. The TİT organisation has also in the past threatened singer and activist Ferhat Tunç, lawyer and former İHD activist Eren Keskin, as well as the İstanbul Özgür Radio. Furthermore, in October 2008, Prof. Dr. Baskın Oran, former member of the Prime Ministerial Human Rights Advisory Board, had received a threatening email signed by the organisation.

Major Metin Yıldız, Trabzon Province Gendarmerie Command Intelligence Unit Manager, on trial for negligence in the murder of journalist Hrant Dink, was asked whether he had informed the police and the secret service (MİT) of intelligence relating to Dink. He said, "It was not clear whether the information received was true. If the source and the truth had been confirmed, I would have informed the relevant institutions... Because they were not and because they were not clear and trustworthy, I did not inform MİT or the Trabzon police intelligence unit." Yıldız made this statement at the Bolu Criminal Court of Peace on 8 June. He further said that Colonel Ali Öz, then Gendarmerie Regiment Commander and himself on trial for negligence, did not order any disclosure of information relating to Dink to any other intelligence units. Hakan Bakırcıoğlu, a lawyer for the Dink family, said that Yıldız' statement was worthless, pointing out that when Öz gave a statement to the Bursa Chief Public Prosecution on 18 November 2008, he handed over a document which outlined the authorities and responsibilities of Yıldız' position.

On 15 May, the Bursa 3rd Criminal Court of Peace heard the statement of Colonel Ali Öz, the highest-ranking of eight gendarmerie officers on trial for negligence in the murder of Hrant Dink. Öz said, "I did not receive any information that Dink was going to be killed." Following the statements of gendarmerie officers Okan Şimşek and Veysel Şahin, both also on trial, the Trabzon 2nd Criminal Court of Peace had prepared an indictment on Öz and five officers, and then decided to merge the cases. Öz has rejected accusations of negligence, saying that intelligence on a planned murder that gendarmerie informant Coşkun İğci spoke about did not reach him. Öz was then asked about the bomb attack on McDonald's in Trabzon in October 2004, in which later Dink murder suspect Yasin Hayal was involved: "Trabzon is a small place, and Yasin Hayal was known. Did you not have any information about his activities?" Öz said he did not. However, Ramazan Akyürek, then Trabzon Chief of Police and now head of the intelligence unit of the Police General Directorate, told the Parliamentarian Investigating Committee that he had met with the governor and Öz on a weekly basis and that Hayal had been talked about several times. When Öz was asked if he did not receive information through those channels, he said "no".

A group of hackers describing themselves as nationalist sabotaged the website of the Günlük newspaper, www.gunlukgazetesi.com on 14 May, publishing racist and uncouth messages on the site. Under the name "by The hacker&fatih&suskun&", the hackers caused the site to crash. Not long before, hackers had put a video clip of the song "My homeland" onto the site of the pro-Kurdish Democratic Society Party (DTP). Calling themselves "AYYILDIZ TEAM- Siber Savunma Ordusu" (Crescent Star Team - Cyber Defence Group), they also added a text opposing the DTP and excerpts from the Qur'an.

On 8 May, reporter Sedat Şahinler for the Mahmutlar News newspaper was attacked by Abdullah Pişkin, member of the AKP's municipal council in the Mahmutlar town in Alanya district, province of Antalya. Şahinler had entered the municipal building and briefly talked to Pişkin, and was later kicked by him. The attack was also recorded by municipal security cameras. The journalist said that prior to the attack, Pişkin had reminded him of an article he had written about a fight between former AKP mayor Alaattin Çakır and a market woman: "He said 'here, this is for what you wrote', and started to punch me. If a municipal counsillor beats a journalist, how can he serve the public? I invite him to resign." Şahinler's camera was damaged and he was injured in the face, necessitating treatment in the Alanya State Hospital. He filed a criminal complaint against Pişkin.

On 6 May, the case of two gendarmerie officers on trial at the Trabzon 2nd Criminal Court of Peace for negligence in the Hrant Dink murder was merged with that of Gendarmerie Regiment Commander Colonel Ali Öz and five other gendarmerie officers. Gendarmerie Sergeant Major Okan Şimşek and Gendarmerie Sergeant Veysel Şahin have been on trial at the Trabzon court since 22 January 2008. Following their statements, Colonel Öz and five gendarmerie officers stand accused of having been warned about murder plans and not having acted on the warning. Öz and the five others face between six months and two years imprisonment. They are being tried not for "abusing their position", but for "negligence", an offence which will result in a lower sentence. The Dink famliy lawyers requested at the Istanbul 14^th High Criminal Court to accept them as defendants on the grounds of "neglect that caused death". The other five officers are from the gendarmerie intelligence unit: Captain Metin Yıldız, Noncommissioned officers Gazi Günay and Hüseyin Yılmaz, and Sergeants Hacı Ömer Ünalır and Önder Araz. The Trabzon court hearing was attended by Şimşek, Şahin, Ünalır and Yılmaz, all of them being tried without detention. Dink family lawyers demanded that Öz and his junior officers be tried for faking documents as well, but this demand was rejected. The four gendarmerie officers questioned at the hearing said that they had been given information by gendarmerie informant Coşkun İğci, but that they had not received any orders, despite being aware that the issue was important. Lawyers for the Dink family asked Ünalır and Yılmaz whether they were active in far-right political groups. When they asked the defendants whether extreme nationalist activities were not far-right activities, the defendants negated this. They said that far-right activities for them meant al Qaida, Hizbullah and other reactionary activities.

On Monday, 20 April, was the 9th hearing of the Hrant Dink murder case at the Istanbul 14th Heavy Penal Court. The court decided to continue the detention of suspects Ogün Samast, Erhan Tuncel, Yasin Hayal, Ersin Yolcu and Ahmet İskender. It rejected demands by lawyers to listen to Istanbul Chief of Police Celalettin Cerrah, former Istanbul intelligence unit head Ahmet İlhan Güler, Police General Directorate intelligence department head Ramazan Akyürek, former Trabzon Chief of Police Reşat Altay, and former Trabzon Gendarmerie Regiment Commander Colonel Ali Öz, saying that their statements would bring "nothing new to the case". The court has asked the police to transcribe a speech by Ergenekon detained suspect Sevgi Erenerol which she gave at a conference entitled "Missionary Activities in Turkey". The court also decided to take a statement from Ertuğrul Balcı, son of former Istanbul Chief of Police Şükrü Balcı and convicted of murder, based on the statements of prisoners Volkan Eryedi, Şinasi Erşentürk, Veli Halis Çelik, Orçun Cülek andAdil Orhan, who serve in the same prison in Silivri. The court has also accepted the demand of third party lawyers for Murat Güneş to be listened to as a witness. Furthermore, the court demanded a copy of the indictment on Colonel Ali Öz and the other gendarmerie officers on trial, and decided to ask the prosecutors in the Ergenekon investigation for Öz' telephone records and bank transactions again. A report by the Intelligence Department, sent to the court on 22 January 2009, yet also containing information about people not in the trial, was included in the proceedings by judge Rüstem Eryılmaz. The court further called Assoc. Prof. Yavuz Tekelioğlu of the Black Sea Technical University to attend the court as a witness concerning the relationship between Erhan Tuncel, accused of being an instigator to the murder, and Ercüment Ovalı. The court has also renewed its demand for reports on the physical pursuit of Yasin Hayal when he went to different provinces, among them Van, Elazığ and Erzurum. It has also demanded msn and email transcripts of the communications of Erhan Tuncel between 1 January 2006 and 20 January 2007 from Microsoft. Following the demand by third party lawyers, the court has also asked the Ankara Telecommunications Directorate to identify the users of three mobile phone numbers at the time of the murder and to list the numbers that called or were called.

On 11 April, far-right Great Union Party (BBP) Istanbul youth branch chair Mustafa Kayatuzu physically attacked Taraf daily columnist Rasim Ozan Kütahyalı. During a television show the journalist mentioned BBP leader Muhsin Yazıcıoğlu's involvement in the Maraş massacre. Yazıcıoğlu died in a recent helicopter accident. Kütahyalı was leaving a talk show at Kanal 7 when Kayatuzu attacked him. He fainted and was taken to a hospital. Following a complaint Kayatuzu faces legal action.   Kütahyalı's lawyer Ergin Cinmen argues that this assault should be taken as "an attempt to debar someone from expressing political of philosophical ideas" as described in Article 115 and 117 of the Penal Code. If accepted by the court, this crime carries a heavier penalty than sole physical assault. Kayatuzu said he was sorry after attacking Kütahyalı. The columnist said he knew Kayatuzu previously and received a blow as he was greeting him after the TV show.

Yasin Hayal, a suspected instigator of the Hrant Dink murder in 2007, has been tried for the second time in the case regarding the bombing of aMcDonald's branch in Trabzon in 2004. On 9 April, the Trabzon 1st Heavy Penal Court sentenced Hayal to three years and four months imprisonment, as well as a TL 183 fine, for his involvement in the bombing that injured six people. The Northern Express newspaper in Trabzon reported on its website that Hayal had not been brought to the hearing from the prison in Tekirdağ, western Turkey, where he is currently held. The judges found Hayal guilty of using explosives in a way that spread fear, worry and panic among people, of injuring six people by throwing an explosive, and of damaging a person's car with explosives. After the bombing on 24 October 2004, Hayal had been arrested. On 17 April 2006, he had been imprisoned to a total of six years and eight months imprisonment for making an explosive, injuring people and damaging the environment. However, he was released from prison after 11 months. The 8th Criminal Chamber of the Supreme Court of Appeals had approved the punishment for producing an explosive, but had reevaluated the punishment given for injury and damage to the environment.

Lawyer and writer Hüseyin Aygün filed a criminal complaint with the Tunceli Chief Public Prosecution on 7 April, saying that a video entitled "Famous Informants of Dersim" on youtube.com and news items on the websites rojamunzur.com and neweddersim.com were insulting to him and his family. The former president of the Tunceli Bar Association believes that he has been targeted because he supported independent candidate Murat Kur and not the DTP in the local elections of 29 March.

The second indictment in the Ergenekon investigation, published on 25 March, speaks of retired general Veli Küçük as the "person pressing the button" in the Hrant Dink assassination. This information is based on notes said to have been written by Sinan Aygün, president of the Ankara Chamber of Commerce and an undetained suspect in the Ergenekon trial. A person only identified as "X" is said to have been in contact with Küçük since 1978 and points to Küçük as having planned an attack on Dink for a long time. The indictment of the cases filed on charges of "membershif of an illegal organization" mentions that the text written by Aygün includes "Section 5: Assassinations-Hrant Dink, State Council" on "targets and strategies of gangs". In the notes, the person with the code name "X" refers to Veli Küçük's playing a role in Hrant Dink's murder saying that Dink "had been targetted by Veli Küçük for years, that he was an important and influential figure who had been killed. The button was pressed by the same person once more and nothing more had to be written on the topic since everything was clear". Fethiye Çetin, lawyer for the Dink family, says that the statements in the indictment are not legally sufficient to solve the murder. Rather, the suspects' relations to the murder need to investigated. She announced that they would make all the relevant applications to court.

The Diyarbakır Chief Public Prosecution has reopened the case into the murder of Kurdish journalist Musa Anter seventeen years ago, following statements by former JİTEM member Abdülkadır Aygan, now living in Sweden. The prosecution has issued warrants of arrest for the JİTEM members said to be involved in the murder. After Turkey has renewed its demand for Aygan to be extradited to Turkey, the Swedish government has asked the Ministry of Justice's General Directorate for International Law and Foreign Affairs for the reason of the demand. The Ministry then cited the arrest warrant for Aygan issued by the Diyarbakır prosecution. His previous statements make him a suspected perpetrator and witness in many extrajudicial killings, including that of Anter. His extradition, so the ministry, would allow other perpetrators to be identified and for cases to be solved before they reach a statute of limitations. Police and gendarmerie departments in all of Turkey's provinces have ordered the arrest of Mahmut Yıldırım, Cemil Işık, Ali Ozansoy and Hamit Yıldırım, all suspected of involvement in the murder. The prosecution has started an investigation into the PKK informants-turned JİTEM members Cemil Işık, Ali Ozansoy, Abdulkadir Aygan, Hamit Yıldırım, and Mahmut Yıldırım (code name "Green"), as well as into JİTEM commander Major Ahmet Cem Ersever, who was himself killed in an unsolved murder in Ankara in 1993. Aygan has announced that he will resist extradition to Turkey. "If I cannot prevent it, I will kill myself. I prefer to join my family in a grave to going to Turkey and being killed there."

Emin Bal, reporter for the DHA news agency, says that he was threatened by village guards related to AKP candidate Kamil Durmuş, who lost the local elections in the Beytüşşebap district of Şırnak, specifically Reşit Durmuş, brother of the candidate and leader of the guards, as well his sons and other relatives who were also village guards. Bal notified the police by telephone. He said, "As members of the press, we cover everything we see, be it positive or negative. Unfortunately those who cannot stomach their loss and who trust their village guard weapons can approach those carrying out their journalistic duties with arrogance and target us personally."

Reporters Without Borders (RSF) supports a request which the family and lawyers of slain Turkish- Armenian journalist Hrant Dink have addressed to an Istanbul court asking it to seriously consider the possibility that the clandestine ultranationalist group Ergenekon was involved in Dink's January 2007 murder. The court is trying a group of men accused of the murder and is due to hold its next hearing on 20 April. "The court must examine the links that may have existed between certain Ergenekon members and Dink's murderers," Reporters Without Borders said. "If the court takes account of this evidence, the trial could enter a new phase that could lead to an impartial verdict in the weeks ahead."

On 1 April, members of the Istanbul Students' Collective were handing out information about a planned protest in front of the Greater Istanbul Municipality. They were then attacked by a group which called itself "religious". One of the five injured students had to be taken to hospital. The attacked students told bianet that they were handing out information about a planned protest the day before when they were threatened by a group of self-labelled "religious" people. The threatening group had taken issue with a sentence in the flyer, which read, "The sects and religious communities of the Justice and Development Party (AKP) have created reactionary attitudes in society." The Turkish Communist Party (TKP) condemned the attack in a written statement.

Fırat Akyol, TV reporter for the local Tempo channel in Giresun, was attacked in front of the district building of the AKP, which lost the local municipal elections. It was alleged that the attackers were party members. Akyol was reporting to the TV channel by phone about the mood at different party headquarters when he was hit in his face and on his head. He was taken to hospital. He said that he had been attacked by a big group of people, and that AKP mayor Hurşit Yüksel's official driver Alpaslan had said "Stop, don't do it" just before he was beaten. Police officers and some AKP members made efforts to protect him.

The second indictment of the Ergenekon trial, accepted by the Istanbul 13th High Criminal Court on 25 March, writes about the notebook of suspect Yüksel Dilsiz, in which, on page 167, is a list of handwritten names: "Doğan Güreş, Hüseyin Kıvrıkoğlu, Hrant Dink, B....G Aydın Doğan, former Air Forces Commander, Veli Küçük, K and =R". The indictment says that Dilsiz wrote the notes as part of the organisation's actions and that the list contains names of "Chiefs of staff, a murdered journalist, force commanders, businessmen and members of the Ergenekon terrorrist organisation." The indictment writes about defendant Levent Temiz that he took part in a protest meeting organised by the nationalist Great Lawyers' Union at the Beyoğlu court on 21 September 2006, on "the threat of military occupation and splintering due to the Global Great Middle East Project". At the meeting, threats were expressed against writers, including Hrant Dink. Temiz, the former district presidnet of the ultranationalist Ülkü Ocakları organisation in Üsküdar, had shouted during a protest in front of Dink's Agos newspaper on 26 February 2004: "Hrant Dink, from now on you are the target of all our anger and hatred." Several other defendants are named in relation to Hrant Dink.

Kanal D reporter İbrahim Gündüz and Star TV reporter Özden Erkuş were attacked at the Atatürk Sportshall in Ankara when they wanted to cover a meeting by the trade union of municipal and general services workers (Belediye-İş) on 25 March. The journalists said they had been targeted by a group of people loyal to Melih Gökçek, then mayor of Metropolitan Ankara and AKP candidate for the same post again. The reporters said that while they had tried to argue with a person telling them to leave, 15 to 20 people walked over to them and, beating them, threw them out of the building.

On 24 March, writer Latife Tekin was assaulted by several people at a panel organsied by the Gümüşlük Environment and Education Foundation in the Bodrum district of Muğla. Tekin wanted to ask a question about the nationalisation of land in relation to excavations in Myndos, but some people tried to get her thrown out of the discussion. According to Berrin Esin Kaya, spokesperson of the Aegean Environment and Culture Platform (ECEÇEP), Tekin's "crime" was "to feel responsibility for the antique city of Myndos, that is, our cultural heritage. Just like those who support the protection of Allianoi and Hasankeyf, she has become the target of profit makers."

On 23 March, the Turkey Journalists' Soceity (TGC) condemned an utterance made by Metropolitan Ankara mayor Melih Gökçek during an election campaign speech. Referring to two well-known journalists, he had said, "After the elections, I swear, I will make Mehmet Ali Birand and Uğur Dündaruncomfortable in Turkey." The TGC expressed its worry at the accusations against media organs and journalists,  which recently had turned into threats. Ahmet Abakay of the Contemporary Journalists' Association (ÇGD) called on prosecutors to act in the face of this "petty crime". Uğur Dündar, Star News Group president, said that he had been threatened openly. He said, "If anything happens to me, Melih Gökçek is responsible."

Show TV reporters Ediz Alıç and Rengin Gültekin, as well as cameraman Kadir Puslu, were attacked by a group when they tried to cover a protest by the Democratic Society Party (DTP) in Adana's Dağlıoğlu neighbourhood. Their cameras were broken and they were treated in hospital. They underwent a forensic medical examination and filed complaints against the assailants. The Çukurova Journalists' Society condemned the attacks.

It has been claimed that Mersin MP Prof. Dr. Akif Akkuş of the Nationalist Movement Party (MHP) called Cemal Dolaşmaz, president of the Tarsus Journalists' Society and the editor of the Tarsus Merhaba newspaper, and threatened him. It is said that Akkuş called Dolaşmaz after the publication of a column on 23 February 2009 and said: "Your surname is Dolaşmaz [meaning 'does not stroll around'], and I will make sure you cannot walk around Tarsus." The journalist filed a criminal complaint.

At the eighth hearing of the Hrant Dink murder trial on 26 January, three detained defendants were released: Tuncay Uzundal, Mustafa Öztürk and Zeynel Abidin Yavuz. The next hearing was set for 20 April.

On 17 February, the Trabzon 2nd High Criminal Court decided that Gendarmerie Regiment Commander Colonel Ali Öz and five other officers, accused of negligence in not preventing the murder of journalist Hrant Dink despite being warned that his life was in danger, should be tried not at a High Criminal Court but at a criminal court of peace. They will be tried not for "abusing their position" but for "negligence of duty". Judge Şevki Uluçam of the Trabzon 2nd Criminal Court of Peace had argued that there was a more serious crime involved and had sent the file to the 3rd Criminal Court of Peace, which had rejected the argument. On objection, the file had come to the 2nd High Criminal Court.

On the anniversary of PKK leader Abdullah Öcalan's capture, reporters Meral Özdemir (Anadolu Ajansı), Mahmut Bozarslan (NTV) and Mehmet Emek(Habertürk) were attacked when covering protests in Diyarbakır in the middle of February.

Diya Yarayan, owner of the local Birlik newspaper in Siirt, was seriously wounded after being attacked by four people with face masks and sticks in front of his home in the night of 17 February. His wife said that he was beaten severely and then left lying in the street. He was initially kept in the intensive care unit. She believes that he was attacked for his journalistic activities. The journalist believes that Siirt mayor Mervan Gül is responsible: "When he was not put forward as candidate again, he took his revenge like this, I believe." He asked for support for his independent line of reporting. Reportedly, Gül's press advisor Diyaddin Temiz rejected the accusations, expressing the good relations the mayor had with the press and their shock at the attack.

Lawyers filed a criminal complaint against the state TRT 1 channel and a production company for a documentary in which Ökkeş Şendiller,  accused by some of being a planner of the Maraş massacre in 1979, was allowed to show murdered Turkish-Armenian journalist Hrant Dink as the person responsible for the massacre. The programme, entitled "Labyrinths of Shahs" was broadcast on 24 December 2008. The lawyers submitted their complaint on 11 February, arguing that Dink was accused without basis, insulted and defamed. The lawyers demand compensation from the TRT General Directorate, the production company making the film and Şendiller, a defendant in the Maraş massacre trial. Şendiller said, "There was no conflict between Alevis and Sunnis. There were leftist organisations founded by Hrant Dink and his friends who were involved. Hrant Dink and his friends' organisations did these things. Anyway, how were the bodies of 6-7 uncircumcised men who died there related to Alevis and Sunnis?" The Haber-Sen trade union condemned the words, and demanded that TRT general director İbrahim Şahin apologise.

Following the report of the Prime Ministerial Review Committee, the Ministry of the Interior decided to reopen the examination into Trabzon police chiefRamazan Akyürek and Ali Fuat Yılmazer, then intelligence branch director in relation to Hrant Dink's murder. Deniz Tuna, joint attorney in the murder trial, said that lawyers were not being informed of administrative procedures and only found out about issues when writing letters to the ministry. She warned that if the joint attorneys were again not involved, a reexamination would not find anything new.

A group of around 15 people entered the office of the Bizim Kocaeli newspaper and vandalised the office in reaction to a news item entitled "Shooting in Suadiye". The attackers overturned furniture, threw chairs, broke windows and doors and then disappeared. The police started an investigation and identified the attackers with security camera recordings. The assailants were taken to court on 2 February. Editor İlker Akşit said that their dissident publications sometimes met with such attacks. "We then file our complaints. But we have heard that the prosecution released the last attackers."

On 30 January, some AKP supporters attacked journalists when Prime Minister Erdoğan opened a new subway station in Istanbul. Following his criticism of the media, the crowd shouted, "Say shoot, we will shoot. Say die, we will die." Some of them then punched the journalists present, others threw the sticks of their flags at them. Around 70 journalists faced such attacks. Oktay Ekşi, president of the Press Council and editor for the Hürriyet newspaper condemned the attack and said that the PM's hostile attitude had caused the attack.

The G-9 platform of journalistic organisations has condemned the call of PM Erdoğan to boycott certain media institutions, saying that it was "inacceptable to target newspapers, journalists and readers." On 27 January, Erdoğan had said, "What happens is different from what they write and say. They say the same at meetings in Brussels, that we censor the media. No, we don't censor the media, this is not true. But I say, let's use some civil initiative. What does that mean? I say, let's start a campaign against the media that publishes lies. That is all I say. Why do you pay money for lies?"

On 26 January, the Istanbul 14th High Criminal Court decided that lawyer Fuat Turgut, himself a defendant in the Ergenekon trial, who, in the Hrant Dink murder case, had handed out an article insulting joint attorneys, Dink, and intellectuals calling for justice, and containing racist expressions, would no longer be permitted to represent defendants in the case. Turgut was detained on 22 January 2008, arrested, and later released. The court decided furhtermore to try defendants Tuncay Uzundal, Mustafa Öztürk and Zeynel Abidin Yavuz un-detained.

On 20 January, PM Erdoğan, referring to the suicide of retired Gendarmerie Colonel Abdülkerim Kırca, accused "some institutions, individuals and even columnists" of "extrajudicial executions". Orhan Erinç, president of the Turkey Journalists' Society, reminded the PM that he had styled himself as the "prosecutor" of the Ergenekon trial previously. Ahmet Abakay, president of the Contemporary Journalists' Association, also accused the PM of interfering with the judiciary.

On 19 January, the second anniversary of the death of journalist Hrant Dink, family members, friends and supporters gathered at his grave to commemorate him. London-based Amnesty International said that the truth about the involvement of security forces in his death was emerging. The organisation also said, however, that there was no progress in the investigation of security forces. Around 10,000 people gathered in front of the Agos newspaper office where he was killed, and shouted slogans calling for justice.

Mehmet Elkatmış, former president of the committee investigating Susurluk, the case of a car accident that brought to light relations between politics, mafia and the "deep state", was threatened with a note reading "Shut up" found in his office in Ankara. Elkatmış, a former AKP MP and former president of the Parliamentary Human Rights Committee, confirmed that unknown persons had left such a message in his office on 19 January, but did not go into details. The police started an investigation.

On 13 January, Burhan Yazar, Metropolitan Ankara Roadworks Coordinator, attacked Channel D reporter Gamze Dondurmacı and cameraman Doğan Durak when they filmed him ordering the tarring of the road in front of his home. In another case, a group of 10-12 people attacked Neşet Öner, owner of the local Bursa Gündem newspaper, as well as editor Şükrü Öner and columnist Orhan Kaplan. The Turkey Journalists' Society condemned both attacks and called on politicians to stop targeting journalists. The society emphasised that brute force would never stop journalists from doing their jobs.

Ergin Cinmen, a Dink family lawyer, referred to the fact that Ergenekon suspect Ersin Gönenci, convicted murderer of priest Andrea Santoro Oğuzhan Akdin and Dink murder suspect Ogün Samast had all had photos with Turkish flags taken: "They are all products of the Turkish-Islamic synthesis which has been sown in Turkey for years." Cinmen said that the murders of Dink, Santoro and the three Christian men in Malatya were all based on the same mindset as Ergenekon. Gönenci, who had been arrested for being in contact with former special team member İbrahim Şahin, is alleged to have planned the assassination of an Armenian citizen in Sivas.

On 8 January, lawyer Erdal Doğan said that he was being threatened with death by fellow lawyer İlhami Yelekçi after speaking on TV about the campaign to apolgise to Armenians. Doğan filed a criminal complaint against Yelekçi, saying that the latter called him after he spoke on Ülke TV on 18 April 2008 and threatened him. Doğan is the last in a long line of people who have been threatened for expressing their opinions, among them Nobel prize winner and writerOrhan Pamuk, former members of the Prime Ministerial Human Rights Adivsory Board Prof. Dr. Baskın Oran and Prof Dr. İbrahim Kaboğlu, employers of the weekly Agos newspaper, Istanbul Özgür Radio, singer Ferhat Tunç, lawyer and human rights activist Eren Keskin, and publisher Necati Abay.

In the beginning of January the Trabzon 2^nd Magistrate Criminal Court decided for lack of jurisdiction regarding the case launched against former Gendarmerie Regiment Commander Colonel Ali Öz and seven other soldiers on the grounds of neglect prior to the murder of Hrant Dink. The defendants were facing prison sentence between six months and two years under charges of "neglect of duty". President Judge Şevki Uluçam conveyed his opinion that the defendants should be tried under charges of "misconduct of duty by means of illegal moves in the scope of fulfilling their duty" on the grounds of hiding intelligence information, preparing unlawful documents subsequent to the murder and imposing pressure on intelligence sources. However, the Dink family lawyers were not satisfied with this approach. The joint lawyers requested to prosecute all responsible officers of Trabzon of the time at a High Criminal Court under article 83 of the TCK on "negligence that led to murder".

Arrests and Detentions

The release of Erdal Güler, owner and editor of the "Revolutionary Democracy" periodical, has been postponed to 6 September 2014. Güler  is in prison for two years on charges of writing articles praising organisations such as the Kurdistan Workers' Party (PKK) and the Maoist Communist Party (MKP).  He was arrested on 26 December 2007 and sent to the Amasya Prison. Güler's release had been expected in December 2009. However, a certificate indicating the "date of expiration" of the sentence, which was given to Güler's lawyer by the Kocaeli Prosecutor's Office, shows that the editor's release is not scheduled for the near future. The Prosecutor's Office stated that a fine of several thousand lira issued against Güler was changed to a prison sentence and, as such, a new release date of 6 September 2014 was set. Güler could be released on probation by 1 November 2012. Güler has been charged, mainly under the Anti-Terror Law, with "praising crime and criminals" relating to a message, entitled "We commemorate Mahir Çayan and his comrades with respect", published in the April 2005 issue of the "Özgür Düşün" magazine, of which he is the editor. Güler was also charged in relation to another article, which commemorated communist leader Ibrahim Kaypakkaya, who was killed in 1973. The article was published in the 1-16 May 2006 issue of the "Revolutionary Democracy" magazine. 

The Istanbul 9^th High Criminal Court brought 17 people to trial in relation to an operation carried out in Bostancı on the Anatolian side of Istanbul on 27 April 2009. Gazetevatan.com website official Aylin Duruoğlu and Mehmet Yeşiltepe from Devrimci Hareket magazine are among the defendants. The trial will start on 23 February 2010. The operation was aimed at a building in Bostancı which was supposedly used by the Revolutionary Headquarters organization. Orhan Yılmazkaya, Security Chief of the Anti-Terror Branch Directorate Semih Balaban and by-stander Mazlum Şeker were killed during the operation, eight police officers and two civilians were injured. Duruoğlu was arrested on 27 April and detained by the Istanbul 12^th High Criminal Court on Duty on 30 April. She was taken to the Bakırköy (Istanbul) Women Detention House. Other journalists protested against her arrest by gathering in front of the Vatan newspaper's office. On the 15^th day of her detention, friends of Duruoğlu took pictures in front of a banner saying "Aylin, we love and support you", to be sent to their friend for psychological support. Duruoğlu's lawyer Naime Kılıç said that her client was at university with Yılmazkaya and knew him, just like other media representatives, not as a member of an illegal organisation, but as a writer and journalist. Kılıç emphasized that Duruoğlu had no connections to any organization. In her application she wrote, "The file does not include any proof or circumstantial evidence. There is nothing but the records of a common lunch with the journalist in Astoria Shopping Centre. My client is a victim. Everybody is declared guilty who had any kind of contact with Yılmazkaya. Charges regarding illegal organizations are severe accusations. My client will be released. There is no need to prosecute her in detention". ÇGD President Ahmet Abakay warned about the negative effects such a handling of a case can have: "Even if she is not guilty, this may affect her regarding the risk of losing her job or driving her away from his profession". RSF urged to release Duruoğlu immediatly and try her un-detained. The Electrical Engineers Chamber (EMO) Istanbul Branch requested to release Mehmet Yeşiltepe and Abdülselam Sultan who were detained in the same context. Branch President Erhan Karaçay said:"We think it is outrages for the social conscience to arrest our members, detain them for months due to technical reasons and declare them guilty". The Devrimci Movement magazine saw Yeşiltepe's alleged connetcitons to an illegal organization as a "complot".

Dünya Radio broadcasting director Kenan Karavil and Seyithan Akyüz, Adana correspondent of the Kurdish daily Azadiya Welat, were arrested by the Police Directorate Anti-Terror Branch in Adana, south-eastern Anatolia on 19 December. After the journalists had been kept in custody for 4 days, they are now in detention in the Adana Kürkçüler Prison.

The prosecutor's office took their statements and demanded detention for both journalists. The Adana 8^th High Criminal Court followed the demand in the evening hours of 10 December and ordered detention for Karavil and Akyüz. Both press people stand accused for keeping connections to the militant Kurdistan Workers' Party (PKK). Karanvil was taken into custody in the Adana Gülbahçesi district on 7 December. The same day, Dicle News Agency(DİHA) and the Ayadiya Welat Adana Correspondence were raided. A total of 24 people have been taken into custody in Adana on 7 December. Gün TV broadcasting director Ahmet Birsin is in prison since 14 April under allegations of having established connections to the PKK organization. DİHA employees Ali Buluş and Mehmet Karaaslan were taken into custody on 19 April 2007. They are imprisoned in the Mersin E Type Prison (eastern Mediterranean coast) after they were convicted of "membership to an illegal organization". The file has been forwarded to the Court of Appeals. DİHA journalists Faysal Tunç and Behdin Tunç have been taken into custody on 5 April 2007. The Diyarbakır 5^th High Criminal Court found them guilty of "Aiding the PKK". Both journalists are imprisoned in Diyarbakır (south-eastern Turkey). Şırnak Agency journalist Haydar Haykır was taken into custody in the Cizre district of Şırnak (south-eastern Anatolia) on 8 January 2008. He was detained in the Batman H Type Prison on 12 January. However, it is not clear yet whether these detentions are certainly related to "journalistic activities". Former Azadiya Welat newspaper editor-in-chief  Vedat Kurşun is kept in detention since 30 January 2009 under charges of "spreading PKK propaganda" via the articles and news items published in the daily.

DİHA reporter Erdoğan Altan was arrested in his hotel in Iğdır in eastern Turkey on 12 November. The journalist came to Iğdır in the scope of a news item he was going to write. He was released after a short time.

Aydınlık magazine publication director Deniz Yıldırım and National Channel intelligence chief Ufuk Akkaya were detained and brought to the Silivri Prison on 9 November 2009 on the grounds of records concerning phone talks of Recep Tayyip Erdoğan. Judghe İdris Asan from the Istanbul 9^th High Criminal Court charges Yıldırım and Akkaya with "membership of a terror organization", "Disclosure of image and sound records related to private life", "recording non-public conversations" and "illegal seizure and publication of personal data".

On 4 December the Kocaeli 1^st Magistrate Criminal Court decided to arrest DİHA reporter İsmail Eskin after his following up of a protest action related to conditions of detention of imprisoned PKK leader Öcalan. Eskin, third grade student of the Kocaeli University journalism department, was covering the event in the Topçular district of Kocaeli east of Istanbul on 29 November. He was taken to Kandıra Prison under charges of "intentionally meddling in the event and spreading propaganda for a terror organization". Eskin stated that he had been appointed by the DİHA news editor to cover the event and thus was there for no other reason. "When I arrived the demonstration had already started. I did not come close to the crowd. I did not attend the protest action, I do not accept the charges. I was there only to do my job. I am working for the news agency to make a living", Eskin said. Judge Murat Koper reasoned the decision as follows: "Even though Eskin claims that he was on duty for the news agency and did not approach the crowd, the photographs show that he was not hindered and posed in an angry manner". A case was filed with Eskin in Istanbul under charges of "organizational activities" based on his pictures and news items.

The Kadıköy (Istanbul) Public Prosecutor Dursun Yılmaz summoned Taraf newspaper journalist Mehmet Baransu to take his statement due to allegations of "violating the secrecy of an investigation" related to the "Cage Action Plan". After giving his statement the journalist was taken to the judge with the demand of detention but was released later on. In his statement Baransu said, "There are news all over the world. I made news to inform the public". The Cage Action Plan was seized from the office of retired Major Levent Bektaş subsequent to excavations in Poyrazköy related to a weapons cache. It is supposedly aimed at weakening the position of ruling AKP by launching armed attacks against minorities and school classes visiting the Koç Museum in Istanbul.

On 3^rd December the Diyarbakır 6^th High Criminal Court prolonged journalist Vedat Kurşun's detention until 18 February 2010. Kurşun is the former editor-in-chief of the Kurdish Azadiya Welat daily newspaper. The journalist faces prison sentence under charges of publishing articles and news items about the Kurdish question and the militant Kurdistan Workers' Party (PKK). The Kurdish journalist had been arrested at Atatürk Airport, Istanbul's main airport on the European side, on 30 January. Kurşun had come to the city to testify in another court case. After the arrest, he was taken into detention and finally brought to the Diyarbakır D Type Prison in the south-east of Turkey. The final plead of the prosecutor is expected for the coming hearing. Kurşun made his defence on 10 September. He claimed to have been detained for a long time and to have become a victim and demanded his release from detention. There are more than 20 cases pending against the Kurdish journalist. He is being prosecuted under allegations of "helping and abetting the PKK organization by spreading propaganda" and "glorifying crimes and criminals" on the grounds of published articles in numerous issues of the Kurdish daily Azadiya Welat. If the court should conclude that the propaganda was spread in a systematic manner, there could also be a verdict because of criminal "membership of an organization".

Abdurrahman Gök, reporter for the Dicle News Agency (DIHA) was beaten up and arrested when he was covering the Newroz festival in Siirt, southeastern Turkey, in March 2009. At a hearing at the 4th High Criminal Court in Diyarbakır on 24 November, he was released pending trial. Gök stands accused of "spreading PKK propaganda." The prosecutor opposed his release in the second hearing on 24 November. The next hearing will be on 19 December. The reporter was arrested together with seven others. Since his arrest, Gök has been in prison in Siirt. He has been put on trial because he covered the Newroz celebrations for the satellite Roj TV, a Kurdish channel broadcasting from Denmark.

Cumhuriyet newspaper representative Mustafa Balbay is on trial under charges of "attempted change of the constitutional order by armed force" as part of the Ergenekon terror organization. In his defence detained Balbay declared, "I did not incite an armed uprising to the people. I did not even incite an unarmed uprising. I reject the allegations". Balbay appeared before the Istanbul 13^th High Criminal Court on 19 November. He claimed that the diaries imputed to him as mentioned in the indictment did not belong to him. Balbay was detained on 5 March in the Istanbul High Criminal Court on Duty. He is prosecuted in the context of the Ergenekon case regarding the merged 2^nd and 3^rd indictment. Balbay faces double life sentence in solitary confinement without parole and another 16-80 years imprisonment. Balbay put forward that his own notes had been rearranged in order to create new evidence. Balbay said, "The allegations of my being a member of a terrorist organization are killing me bit by bit". Detained defendant Balbay stated that he did his work as a journalist and rejected the evaluation of his notes as terroristic activities. "Random notes were put together according to the overall aim and presented as a diary. I did not induce an armed uprising to the people, I did not even induce an unarmed uprising. I do not think that the government could be brought down by an armed uprising. I will quit my profession in case any referring findings come up", Balbay said.

Balbay continued, "A journalist is a witness of the era s/he is living in. But they want to make me a defendant". He claimed that the notes the allegations are based on do not account for documents, explaining that some of the notes he took to recall later on. Prosecutor Mehmet Ali Pekgüzel asked Balbay in the session of 20 November, "'We were going to finish this job by 28 February. We planned this as the 3 of us. Fevzi, someone else and me... Karadayı lulled us. The other one has surrendered'. Who said that? When Balbay replied that this was taken from the feigned notes, Pekgüzel asked "Would you tell us which part is rearranged?". Balbay answered, "I cannot single out the assembled original parts. The meaning is distorted".

The Istanbul 13^th High Criminal Court tries detained Aydınlık magazine journalist Emcet Olcayto under charges of "membership to the Ergenekon organization" due to splashy actions supposedly aimed at creating the base for a coup against the government. The court decided to release detained defendant Serhan Bolluk, Aydınlık magazine's publishing director, on 13 February 2009. Internetajans.com website official journalist Vedat Yenerer was released on 24 January 2009 after eleven months in detention.

Journalist Barış Sözal from Sabah newspaper and his driver Ali Kocatepe were arrested at Sabiha Gökçen Airport on Istanbul's Anatolian side. After 8 hours in detention the gendarmerie released both of them. Sözal and Kocatepe had come to the airport for gathering information for a news item. bianettalked to Ertuğrul Erbaş, intelligence chief at Sabah newspaper. Erbaş explained that the 2 men had been detained for "secretly taking photographs in a military area". The newspaper article was entitled "Lead Soldiers at Sabiha Gökçen". Despite showing his press card, Sözal and his driver were arrested "in an area which is open to the public and not forbidden to enter".

On 9 November the Istanbul 10^th High Criminal Court decided to keep Istanbul Özgür Radio broadcasting director Füsun Erdoğan in detention. The journalist is in prison since 8 September 2006. Atılım newspaper publishing co-ordinators İbrahim Çiçek and Sedat Şenoğlu are among the 23 defendants of the case related to the "Gaye" operation. 15 out of the 23 defendants accused for membership of the Marxist Leninist Communist Party (MLKP) are kept in detention. The case will be continued on 26 March 2010. Lawyer Mihriban Kırdök drew attention to the fact that her clients have being kept in detention for more than three years due to a complot by the police. The lawyer said that a 40-pages print out evaluated as a "document of an illegal organization" was a "product of the police". The joint attorneys stated that their clients had been exposed to insults by the police. The defendants are facing up to 40 years life sentence in solitary confinement without parole.

Youth Federation Members İlker Ekiz, İbrahim Karataş, Mustafa Doğan and Elbil Çınar were released. The group was arrested after having organized a caricature exhibition in the Sivas branch of the Education and Science Workers' Union (Eğitim-Sen), entitled "America is the Common Enemy". The 5 men were detained in the Sivas E Type prison (central Anatolia). They stand accused for "opening a caricature exhibition", "reading the Tavır magazine" and "membership of the Youth Federation" and are tried under charges of "membership of an illegal organization", "spreading propaganda for an illegal organization" and "opposition to the Law on Meetings and Demonstrations". Solidarity Association of Prisoners' Families (TAYAD) board member Mehmet Güvel appreciated the release of the defendants who had been detained for about 17 months as the right move.

General publications coordinator Nadiye Gürbüz from Izmir Democratic Radio was released pending trial on 17 September. Gürbüz had been arrested in the course of an operation against the Marxist-Leninist Communist Party (MLKP) and was kept in detention for more than 8 months.

Seferi Yılmaz, whose bookstore in Şemdinli, Hakkari was attacked on November 2005 was arrested on 15 May for referring to PKK's condemned leader Abdullah Öcalan as "Kurdish people's hero", during a panel discussion in Bursa. Yılmaz was released on 31 July. He had been taken to the Hakkari E Type Closed Prison. He received a one year prison sentence under charges of "praising crime and a cirminal". Yılmaz previously served nine months and 20 days in the Van F Type Prison and was released after having served the remaining 79 days.

Gün TV general publishing director Ahmet Birsin from Diyarbakır is in prison since 14 April after he was taken into custody in the context of a PKK operation. The journalist is detained in the Diyarbakır F Type Prison. After 5 months, there is still no indictment concerning Birsin or the other detained defendants. The Diyarbakır Chief Prosecutor's Office announced that the operation concerned "the Turkey coordination Unit' consisting of 8 members of the PKK" and was conducted after 1 year of technical surveillance, telephone tapping and observation of bank account movements. The police searched the Gün TV office on behalf of a search and confiscation decision issued by the Diyarbakır 6^th High Criminal Court. The operation was also carried out in cities like Istanbul, Ankara, Batman, Mardin, Adana, Elazığ, Gaziantep and Şanlıurfa.

On 11 June was the 100th hearing of the Ergenekon case. The court meets not in central Istanbul, but in Silivri, a district far outside the centre. On 20 October 2008, the Istanbul 13th High Criminal Court started hearing the case of the clandestine ultra-national Ergenekon organisation, said to have planned to overthrow the government and to create chaos in the country with murders and attacks. There are 86 suspects, 31 of them in detention. The case began with 46 detained suspects, but fourteen have been released: Gazi Güder, Muammer Karabulut, internetajans.com website founder Vedat Yenerer, Orhan Tunç, Sami Hoştan, Serhan Bolluk, Abdulmuttalip Tonçer, Vatan Bölükbaşoğlu, Hüseyin Gazi Oğuz, Bekir Öztürk, Abdullah Arapoğulları, Rasim Görüm, Oğuz Alparslan Abdülkadir and Halil Behiç Gürcihan.Businessman Kuddusi Okkır, who had been arrested as part of the investigation and sent to prison in Tekirdağ, Northwestern Turkey, died on 6 July 2008, before the trial began. Ayşe Asuman Özdemir was released on 17 July 2008, and Ferit İlsever on 29 August 2008, both for health reasons. General Şener Eruygur, who had been in Kocaeli prison, was released after suffering a brain haemorrhage on 21 September 2008. Retired General Hurşit Tolon was taken to a military hospital in Istanbul after falling ill in Silivri prison, and he was released on 6 February 2009. Prof. Dr. Erol Manisalı, who had been arrested on 17 April, also fell ill in prison. He was operated on in hospital and then released for health reasons. Following the decision of the Supreme Court of Appeals, the Ankara 11th Heavy Penal Court has decided to merge the case of the attacks on the State Council and the Cumhuriyet newspaper with the Ergenekon case. Furthermore, the Malatya 3rd Heavy Penal Court has asked the prosecution to investigate whether there is any relation between Ergenekon and the murder of three Christian men in Malatya in 2007. Defence LawyerMetin Çetinbaş, whose client is Prof. Kemal Alemdaroğlu, a defendant accused of "forming and leading an illegal organisation and incitement to armed rebellion against the government", has defended recorded telephone conversations in which possible assassinations of people like writer Orhan Pamuk and journalist Fehmi Koru were discussed, saying: "Can you try someone for killing someone just because they thought about killing someone? Precautions can be taken to ensure someone is safe, but showing these telephone chats as assassination attempts is either prejudice or ignorance." Other defendants are İlhan Selçuk, license holder of the Cumhuriyet newspaper, Vedat Yenerer, Güler Kömürcü, Ulusal Kanal's general broadcasting editor Ferit İlsever, Aydin magazine's editor-in-chief Serhat Bolluk, journalist Adnan Akfırat and writer Ergün Poyraz. Selçuk faces two life sentences and between 217 and 500 years imprisonment for "founding the armed terrorist Ergenekon organisation", "attempt to force an overthrow of the government" and "incitement to armed rebellion against the government." Yenerer, Kömürcü and Akfırat face up to 15 years imprisonment for "membership in an armed organisation", while İlsever and Bolluk are accused of membership in Ergenekon and "incitement to armed rebellion", facing up to 35 years imprisonment.

The Istanbul 13th High Criminal Court began the second Ergenekon trial, based on a second, 1,909-page, indictment, on 20 July. 56 defendants stand accused of plotting a coup. Retired General Hurşit Tolon, former commander of the First Army and retired General Şener Eruygur, former general commander of the gendarmerie, are accused of leading the Ergenekon organisation and attempting a military coup. The prosecution is demanding 1,047 years imprisonment and 14 life sentences under severe conditions for each. Cumhuriyet newspaper's Ankara representative Mustafa Balbay, Tercümannewspaper's editor-in-chief Ufuk Büyükçelebi and journalists Tuncay Özkan, Erol Mütercimler and Merdan Yanardağ are accused of membership in the organisation. Büyükçelebi, Aygün, Eruygur and Tolon had been taken into custody on 1 July 2008 and later arrested. Aygün was released after objecting to the arrest, as was Balbay, but Balbay was rearrested on 6 March 2009.

Aydınlık magazine writer Emcet Olcayto said on 20 July that the prosecution crammed the contents of 249 files into 34 pages, putting forward that the prosecution was being malevolent and that his rights of defence were restrained. Olcayto requested the court to take measures regarding broadening the rights of defence for the detained defendants. Olcayto criticised the difficulty in prison to get access to the DVD with 76,000 pages in prison since their opportunities to use a PC were very limited. "Up to now we were able to view a total of twelve pages of the files of evidence. We would have to read 20 files per hour or two pages per second in order to finish. We want to know if there is anybody who is able to reconcile this with his/her conscience. How are these defendants going to defend themselves? How can they prepare? How are they supposed to read 76,000 pages with three hours access to a PC per week?" Olcayto argued.

The Cihan News Agency has said that its news team was attacked and insulted by police on 11 June when they were trying to report on a planned human chain of students on the Bosphorus Bridge. The agency claims that cameraman Muharrem Özder and reporter Uğur Öztürk were attacked by around 10 police officers, including an inspector, and that the officers used unrepeatable swear words. The police are said not only to have confiscated the camera and equipment, but also to have bent Özder's arm and have tried to handcuff him. When the journalists protested, the police gave up on handcuffing him, but took the two journalists to the Bridge Protection Branch, where they were held for two hours before being released. Öztürk said that their tapes had recorded the swearing, but that Bülent Kurt, head of the Bridge Protection Branch did not give the tapes back as promised. The agency accused the Ministry of the Interior and the Istanbul police of remaining silent. Öztürk said that a second team's camera was also confiscated.

Mehmet Ali Varış, technical manager at Belge Publications and responsible for the Uzun Yürüyüş (Long March) magazine, was arrested on 30 October 2008 for an article in memory of İbrahim Kaypakkaya, a young communist leader who died in Diyarbakır prison. He was released from prison on 26 March after serving his sentence. Varış had been unaware that a 20,000 YTL fine had been handed down for violation of the Anti-Terrorism Law, as the court decision had been sent to the former address of the publishers (despite them having notified officials of the new address). He was thus unable to appeal against the fine. Varış was arrested during a random ID control in central Istanbul, arrested for not paying the fine and sent to prison.

DİHA news agency employees Ali Buluş and Mehmet Karaaslan were convicted on charges of "membership of the PKK organization". They had been arrested during a raid on Gündem newspaper's Mersin Representation on 19 April 2007 and detained in the Mersin E Type Prison. The case is pending at the Court of Appeals. DİHA journalist Faysal Tunç was arrested in an identity check on 5 April in Eruh on his way to Şırnak. At the same day, journalistBehdin Tunç received a penalty from the Diyarbakır 5^th High Criminal Court on charges of "intentionally aiding the PKK organization". He had been arrested in an identity check in Idil when he was returning from the coverage of a protest march in Ömerli (Amara) village. All DİHA journalists are detained in Diyarbakır. Agency journalist for Şırnak Haydar Haykır was arrested on 8 January 2008 in Cizre. He was detained on 12 January and taken to the Batman H Type Prison.

On 10 March, the Güneş  agency, which provides technical support for the Atılım newspaper, was searched by the police. Figen Yüksekdağ, editor of the newspaper, was taken into custody and later released.

Özgür Radio employees Sinan Gerçek, Metin Özalp and Hacı Çiçek were released after they had been arrested for alleged monetary connections to the MLKP organization. Çiçek was released pending trial by the Istanbul 12^th High Criminal Court on duty, Nadiye Gürbüz and Mine Özalp were detained.

Trials concerning Press Freedom and Freedom of Expression

Former Co-chairs of the Democratic Society Party (DTP) Ahmet Türk and Aysel Tuğluk gave their statements in cases related to various statements on 31 December after their immunity was lifted due to the closure of DTP by the Consitutional Court. Türk, who appeared at the Ankara 11^th High Criminal Court together with his lawyer, told the journalists, "Our immunity as members of parliament was lifted today in the course of the official announcement of the DTP closure decision in the Official Gazette. We came to testify as ordinary people". Based on their previous immunity as members of parliament, Türk and Tuğluk had refused to give their statements before. Türk and Tuğluk stand accused for addressing PKK leader Abdullah Öcalan as "honourable", they are tried under charges of "spreading propaganda for a terror organization". The court had decided to take Türk and Tuğluk to the hearing on compulsion.

The trial against caricaturist Halil İbrahim Özdabak from Yeni Asya newspaper on the grounds of a caricature related to Sincan 1^st High Criminal Court President Judge Osman Kaçmaz commenced on 30 December before the Bakırköy (Istanbul) 2^nd Criminal Court of First Instance. Özdabak is sued by Kaçmaz, who intends to prosecute President Abdullah Gül. The caricaturist is charged with "Insulting a public official via the media" in accordance with TCK article 125. The indictment dated 18 August 2009 was signed by Public Prosecutor Ali Çakır. The case was postponed to 22 February 2010.

Vakit newspaper is facing a TL 624,000 fine in compensation on the grounds of the column entitled "The country where people not even qualified as corporal become generals" signed by Asım Yenihaber. The case was heard at the Ankara 20^th Criminal Court of First Instance on 30 December. The trial will be continued on 4 February 2010. Newspaper lawyer Hacı Ali Özhan pointed out that five of the 312 generals who filed the complaint are defendants of the Ergenekon case. Şener Eruygur said that complaints should be filed with the newspapers so that they would be taken out of business. "Şener Eruygur and Hurşit Tolon should be heard themselves", the lawyer requested. However, the court declined.  Newspaper owner Nuri Aykon and alleged author of the column Mehmet Doğan stand trial under charges of "insult". Four former Forces Commanders are among the 312 complainants who claim that the column was written by former RTÜK member Mehmet Doğan. Additionally, Aykon, Doğan and chief editor Harun Aksoy stand trial under article 159 of the former TCK. The case was transferred from the Bakırköy (Istanbul) 2^nd and 16^th Criminal Court of First Instance to the Ministry of Justice by reason of clashing of authority.

Former Diyarbakır Bar Association President Sezgin Tanrıkulu and lawyer Nesip Yıldırım were acquitted of charges of "misconduct of office" on the grounds of the '2007 Agenda in Kurdish' prepared by the Diyarbakır Bar Association. The Diyarbakır 2^nd High Criminal court decided for their acquittal in the end of December. The Kurdish and Turkish writing of names of days and months had been shown as grounds of guilt. Tanrıkulu and Yıldırım were facing a three-year prison sentence. In the indictment it was pointed out that there are neither national nor international regulations on using his or her own mother tongue when serving public duties.

The Court of Appeals 4^th Law Office overruled a decision concerning a compensation claim lodged against NTV. The Turkish news channel had been convicted for publishing a telephone conversation between intelligence police officer Muhittin Zenit and defendant Erhan Tuncel, suspect in the murder trial of Turkish-Armenian journalist Hrant Dink. The Ankara 1^st Criminal Court of First Instance had partly accepted a 90,000 TL (approx. € 41,000) compensation claim in a previous decision. The Court of Appeals Law office overruled the decision emphasizing the media's "duty to inform". "The complainant's freedom of communication has not been violated by the publication of the conversation. The issue of the case is a news item which is related to the development regarding the Dink murder, which induced a large echo in public, and to the significance of the case. This kind of news ranges within the boundaries of the right to inform and is accordant to the law". Intelligence police officer Zenit had filed a 90,000 TL compensation claim against NTV based on several news items published on 28, 29 and 30 September 2007. The news channel had reported about a telephone conversation the police officer had with defendant and gendarmerie informant Tuncel half an hour after the murder of journalist Hrant Dink on19 January 2007. Zenit opened the case because of an alleged attack on his personal rights by the news. In the referring telephone conversation Zenit said, "What, they shot him directly in the head... This is the only difference. He was not going to run away, but this one did".

Ozan Kaplanoğlu will stand trial at the Bursa 1^st Juvenile Court by reason of the slogan "Tayyip, you are a light bulb" allegedly shouted together with Community Centre members in a demonstration against a draft law on Social Insurance and General Health Insurance in April 2008. Kaplanoğlu's case will be heard on 11 February 2010. He is accused of "insult of public officials via the media". Suna Acar, Nergiz Şişek and Fatih Bayrak will be tried at the Bursa 4^th Magistrate Criminal Court on 9 March 2010 for similar slogans.

On 29 December the Istanbul 13th High Criminal Court decided for the acquittal of Adnan Demir, director of Taraf newspaper. Demir was tried for a prison sentence because he spoke of "military neglect" when reporting about the Aktütün police station where 17 soldiers lost their lives in a raid by PKK rebels. Prosecutor Hüseyin Ayar reiterated his demand for acquittal, Judge President Kemal Can put an according annotation into the file. Demir was facing 5 years imprisonment under TCK article 329. The publication ban imposed by the General Staff Military Court was related to the news of 14 October 2008 with the headline "We told you to confess about Aktütün... Now we are talking". In the indictment it was reminded that the publication ban was imposed one day later. Reason for the trial were the newspaper's issues dated 14-18, 26 and 28 October, publishing news related to the attack that happened on the evening of 3 Ocotber 2008.

On 29 December, the Beyoğlu 3^rd Criminal Court of First Instance rejected the case filed by the Beyoğlu "Üç Horan" Foundation against weekly Turkish-Armenian Agos newspaper by reason of a news item dealing with the 2008 election within the foundation. Foundation Vice President Simon Çekemclaimed TL 50,000 in compensation in two cases opened against Agos publishing director Etyen Mahçupyan and chief editor Aris Nalcı. Reasons for the trials and controversy within the Armenian community were several articles: Nalcı's article entitled "Election exam" published on 6 March 2009, two articles entitled "Election exam in Beyoğlu" published on 13 March 2009 and one of them signed by Agos newspaper, "Or is this Ergenekon?" and "Whose castle is the 'Üç Horan'" in the Agos issue dated 20 March 2009, "Show your colours, finally" from 1 June 2009, "One more chance for 'Üç Horan'" and "It is very difficult to make those youngsters understand" by Yervant Dink.

On 24 December, the Istanbul 2^nd Criminal Court of First Instance handed down a one year eight months prison sentence to journalist and writer Şamil Tayyar on charges of "violating the secrecy of an investigation" and "attempting to influence a fair trial" on the grounds of Tayyar's book "Operation Ergenekon". Tayyar said to his defence that the book did not report about the Ergenekon hearings in Silivri but summarized the gang activities and dark activities of the last ten years. Tayyar underlined that the book includes topics which are not related to the Ergenekon case, such as missionaries in Malatya, Hrant Dink and the murder of Priest Santoro. The court decided to suspend the delivery of judgement, thus Tayyar will be subject to judicial supervision for the coming five years. The judgement will be delivered if Tayyar is convicted of another intentionally committed crime within these five years. Towards the end of December it turned out that the Ankara 11^th Criminal Court of First Instance had sentenced Cevheri Güven by reason of the website Aktifhaber.comrelated to the massacre at the Zivre Publishing House in Malatya. Ankara news director of Star newspaper Güven, who is the former publication director ofaktifhaber.com, was convicted on charges of "violating the secrecy of a classified tender". It is said that the case was opened by research employee Ruhi Abat from İnönü University Theology Faculty because of publishing a phone talk included in the file. Approximately 2,000 cases have been filed with media representatives related to publishing news items and articles about the Ergenekon investigation. According to data from the Ministry, 2,407 investigations have been launched since April 2009 into newspapers, journalists, columnists and newspaper executives on the grounds of "violation of secrecy" (TCK 285) and "attempt to influence a fair trial" (TCK 285). This number is expected to have increased to 4,000 by the end of December. Journalists are under permanent threat of prison sentence for five years due to a suspension of the verdicts.

Taraf newspaper publishing director and journalist Ahmet Altan is on trial before the Kadıköy (Istanbul) 2^nd Criminal Court of First Instance for his article"Büyükanıt was also targeted", published on 28 March 2008. Yaşar Büyükanıt is the former Chief of General Staff. Journalist Altan stands accused for "violating secrecy" and the "attempt to influence a fair trial". More than 100 trials are pending against Ahmet Altan, Yasemin Çongar, Nevzat Çiçek, Mehmet Baransu, Bahar Kılıçgedik, Başar Arslan, Sibel Hürtaş, Adnan Keskin and Adnan Demir, most of them in the context of the Ergenekon investigation, under charges such as "violating the secrecy of an investigation", "attempting to influence a fair trial" and "influencing the judiciary".

Alper Ateş of the People's Platform, founded on 27 December to voice protest against the crisis in the Community Centres, said in a protest action in Kadıköy (Istanbul): "Our gas cartridges are empty. If I want to take a bath, I go to a friend. This is how we are living. I just want to say one thing: Tayyip, God damn you!" Ateş is on trial for insulting Prime Minister Erdoğan, the first hearing will be held on 10 March 2010 at the Kadıköy 4^th Magistrate Criminal Court. Ateş claims that he did not insult the prime minister but expressed an earnest desire.

The Gaziantep 2^nd Criminal Court of First Instance decided for the acquittal of weekly Çoban Ateşi ('Sheperd's Fire) newspaper editor-in-chief Yasin Yetişgen on 24 December. He was tried for an article entitled "Mother, don't send me to the military" written by Berkan Coşkun and published on 8 November 2007. Yetişgen stood accused for "alienating the public from military service" and "insult of the remembrance of Atatürk" and was acquitted because of "lack of legal elements of crime". According to prosecutor Mahmut Yalçın Arı, crimes were constituted by the following parts of the article: "The greed of gain in the escalating war must be laid out and regarding military service the conscience must reject being a part of this dirty war" and "Mustafa Kemal himself gave the order for the Derism massacre". Journalist Yetişgen has to appear before the court on 18 Feburary 2010 on the grounds of the article"Gaziantep and Çoban Ateşi" published on 8 August 2007 and containing the statement "Gazianep is an industrial city of Northern Kurdistan". Author of the article Hurşit Kaşıkkırmaz is accused of "inciting hatred and hostility". An arrest warrant was issued for Kaşıkkırmaz who is living abroad.

The court of Appeals approved a decision of a local court concerning the case on compensation fines to be paid to the Erdoğan family. Prime Minister Recep Tayyip Erdoğan had filed a complaint about Radikal newspaper journalist Perihan Mağden, his wife Emine Erdoğan had complained about Tempo magazine journalist Cemal Subaşı. The Court of Appeals 4^th Law Office rejected the appeal and approved the decision as "licit and corresponding to the procedure". The Erdoğan family will receive a total of 10,000 TL (€ 4,500) from both cases. In a speech at the US American John Hopkins University on 7 December Erdoğan said the following about press freedom in Turkey: "The press freedom in our country is so advanced that there are all sorts of freedoms up to very heavy criticism of the president, the prime minister and our families.  The press in Turkey is much freer than the press in the USA". The Ankara 22^nd Criminal Court of First Instance partially accepted Erdoğan's complaint filed on allegations of "attacking personal rights" referring to the column entitled "Does the Prime Minister really like his job?" published in the Radikal newspaper issue dated 14 Feburary 2008. Judge Suna Türe decreed for half of the demanded 10,000 TL in compensation. The article subject to the trial blamed the prime minister of resembling a dictator more and more. Journalist Mağden wrote that "R.T. Erdoğan caught the disease of leaving his mark on the agenda day in day out" and "He is physically decaying in front of our eyes, Erdoğan decays". Tempo magazine and journalist Cemal Subaşı were convicted by the Ankara 10^th Criminal Court of First Instance. They have to pay another 5,000 TL to Emine Erdoğan, the prime minister's wife. Emine Erdoğan had demanded 10,000 TL in compensation for the article entitled "This is the conversation that cut the strings - The Ankara whispers regarding the state summit huff" published on 22 May 2008.

A trial against 54 mayors of the Democratic Society Party (DTP) was launched on 1 July at the Diyarbakır 5^th High Criminal Court. The group of mayors is tried under allegations of "praising crime" on the grounds of their statement that they expected a satisfying announcement regarding claims that Abdullah Öçalan, imprisoned leader of the militant Kurdistan Workers' Party (PKK) had been poisoned in prison. The case was continued on 22 December. The 54 mayors had made a declaration concerning the Hrant Dink murder, assassination lists and the poisoning claim of Öcalan in order "ease tensions". Diyabakır Metropolitan Mayor Osman Baydemir read the declaration made on 4 February 2007 once more before the court and asked, "Where is the crime within this?" The mayors are tried under article 215 of the Turkish Penal Code and each face prison sentence of up to 2 years.The court issued an arrest warrent for former Hakkari Mayor Metin Tekçe and Mardin Derik former Mayor Ramazan Kapar, since it was not able to confirm their addresses to notify them for giving their defence. Former Mayor Fırat Anlı said that the common statement from 4 March 2007 was made to "provide social ease and peace toTurkey, which was in a chaotic situation 2 years ago". Among the defendants are Diyarybakır Metropolitan Mayor Osman Baydemir, Kayapınar Mayor Zülküf Karatekin, Sur Mayor Abdullah Demirbaş, former Tunceli Mayor Songül Erol Abdil, former Hakkari Mayor Metin Tekçe, former Şırank Mayor Ahmet Ertak and Batman Mayor Hüseyin Kalkan.

The 3^rd Magistrate Criminal Court of Eskişehir (central Anatolia) launched a trial against Turkish actress Müjde Ar on the grounds of her pronouncement "Which hinterlands do these directors come from?", supposedly referring to Eskişehir National Education Director İbrahim Ceylan. Ar is facing prison sentence. In a program of Turkish news channel NTV, Ceylan had suggested to use figures and pictures of Turkish national heroes for depiction on schooling material instead of foreign characters. Artist Ar is tried under charges of "insulting a public official in the media" by reason of her comment. In his defence, Ceylan said, "I have a project which I have been fostering for about 1.5 years now within the scope of my duty. With this project I aim to protect children from establishing bad habits and false perceptions. I was thinking of driving the children away from foreign cartoon characters they are carrying in their bags and replace them with characters from our own culture instead, like Keloğlan or Nasreddin Hoca for example. I did not mention anything about 'Barbie dolls', my work was not concerned with Barbie dolls". Müjde Ar's lawyer Karasakal claimed that his client worried about deficits in the field of education and stated that Ar had made an announcement saying "Are the pictures in the school bags the only thing left as far as deficits in education are concerned?" The court will acquire Ar's statement in Istanbul. The case is to be continued on 4 March 2010.

Cumhuriyet newspaper journalist Nedim Şener faces a total of 32 years 6 months imprisonment in 3 different trials related to his book "The Dink Murder and the Intelligence's Lies". Şener stated at court, "I could not comprehend which terror organizations I made the complaining police officers a target of. I did not expose them but myself". Following the publication of the book, several police officers filed criminal complaints against the writer: Ramazan Akyürek,then Chief of Police in Trabzon and deposed from office as Police Intelligence Unit Chief in September, police officer of the Intelligence Office PresidencyMuhittin Zenit, Faruk Sarı, Trabzon Police Intelligence Branch Manager and Ali Fuat Yılmazer, Deputy Chief of the Istanbul Police. Since the hearing on 23 October the court is waiting for a response from the Istanbul 14^th High Criminal Court dealing with the Hrant Dink murder case whether the relating file contains the diagrams which are attached to Şener's book. The case will be continued on 17 February 2010. Following the complaints of Akyürek, Yılmazer, Sarı and Zenit, Şener faces 8 years imprisonment at the Bakırköy (Istanbul) 2^nd Criminal Court of First Instance due to a diagram published in his books. A third lawsuit has been opened against the writer based on a certain content of his latest book, namely a diagram showing telephone communication traffic between defendants of the Dink murder case and a couple of defendants from the Ergenekon case. The prosecution demands a 4 years 6 months prison sentence in this trial, which is also heard at the Bakırköy 2^nd Criminal Court of First Instance.

A group of Turkish intellectuals initiated the internet campaign"I apologize to the Armenians" ('Erminilerden Özür Diliyorum') regarding the events of 1915. More than 30,000 people have already supported the campaign with their signatures. The Sincan 1^st High Criminal Court 1^st is waiting for a response of the Court of Appeals whether the offence of "publicly humiliating 'Turkishness'" was constituted by the campaign. The campaign was started in 2008 and caught on in various sections of society, supported by journalist Ali Bayramoğlu, Prof. Baskın Oran, Prof. Ahmet İnsel and Dr. Cengiz Aktar to name just a few. The campaign sent the following message to the Armenian community: "I cannot reconcile my conscience to denial of and insensitivity about the great Ottoman disaster the Armenians were imposed to in 1915. I reject this injustice and share the feelings and grief of my Armenian brothers and sisters. I apologize to them".

The trial against activist Hakan Tahmaz, Birgün newspaper responsible manager İbrahim Çeşmeoğlu and newspaper owner Bülent Yılmaz on the grounds of having published an interview with Murat Karayılan, head of the KCK Steering Committe will be continued on 16 March 2010 at the Istanbul 10^th High Criminal Court. The defendants will present their final defence in the coming hearing. On 17 September, the Istanbul 10^th High Criminal Court prosecutor Savaş Kırbaş demanded prison sentence for all three un-detained defendants. Tahmaz, Yılmaz and Çeşmecioğlu are tried under article 6/2 of the TCK for "publishing PKK announcements" in the interview entitled "Unilateral Ceasefire Amplifies the Problem", published on 9 August 2008. Tahmaz and Çeşmecioğlu face up to 3 years imprionment, Yilmaz a heavy monetary fine. During a four-page interview, it read "Karayılan, who met with Tahmaz in Kandil Mountain [PKK's base] in Northern Iraq, stated that people on the streets no longer want to witness violence but they're determined to continue a 'legitimate defense war', in his words." Emphasizing, "they don't want to establish a separate state but react to the denial of the Kurdish solution", Karayılan said that the Democratic Society Party (DTP) is regarded as a spacer but they want to pursue politics as PKK and this isn't in contradiction with the ongoing armed struggle.

The prosecutor of the Beyoğlu 2^nd Criminal Court of First Instance demands a three years prison sentence for Sesonline.net news site publication directorYalçın Ergündoğan on the grounds of the article entitled "His disciples revolted against Haydar Baş", issued by Birgün newspaper on 26 April 2005. The case against journalist and writer Ergündoğan was filed by Haydar Baş, Chairman of the Independent Party of Turkey (BTP) and head of the Kadiri religious order. Ergündoğan and his lawyer Tora Pekin are going to prepare the defence for the coming hearing on 28 January 2010. The Beyoğlu 4^thMagistrate Court fined the writer with a TL 1,500 (€4,550) claim in compensation in 2007 before the case had been decided. Ergündoğan has been receiving threats by e-mail ever since the article was published.

The Şişli (Istanbul) 2^nd Criminal Court of First Instance is waiting for a reply from the Ministry of Justice regaring the Ahmet Sami Belek and Şahin Bayarfrom Günlük Evrensel newspaper. Both defendants are tried under article 301 TCK by reason of the news item entitled "Precautionary Torture". After the ministry had ruled for lack of authority, the Şişli court turned to the Costituional Court. When this was not successful, the court decided to request permission for prosecution from the Ministry of Justice. Public Prosecutor Muhittin Ayata opened the case against the two newspaper officials on 4 October 2007 upon a complaint about the news item published on 23 August 2007 filed by the Istanbul Gendarmerie Provicial Command. Based on information from lawyer Baran Doğan, the news item stated that six young people were systematically tortured in custody of the Esenyurt Gendarmerie Station. Doğan said that his clients N.S, N.K, M.S.B, Y.S, Y.K. and M.F.E. were arrested on 20 August 2007 on the grounds of "preparing for a demonstration". He claimed that their medical examination was carried out late and that they were not given the prepared reports in order to conceal evidence of torture.

On 15 December, the Istanbul 13^th High Criminal Court decided to bring Aysel Tuğluk, former DTP MP before the closure of the party, to court on compulsion. Tuğluk stands trial for alleged "membership of the PKK organization". She stated that the PKK gave importance to a democratic solution of the Kurdish question. She was sentenced to one year and six months imprisonment on 27 October 2008 for "spreading propaganda for an illegal organization". Lawyer Özkan Kılıç announced that Tuğluk is going to attend the coming hearing on 30 March 2010. Together with Doğan Erbaş, Bekir Kaya, Okan Yıldız, Ayşe Batumlu and Devrim Barış Baran, Tuğluk is facing prison sentence of up to 15 years under charges of "membership of a terror organization" according to TCK article 314. The court demanded the Beyoğlu District Police Directorate to issue a notification to her. Tuğluk is furthermore tried together with another 17 defendants, one of them DTP Batman MP Ayla Akat Ata, at the Istanbul 9^th High Criminal Court. The following hearing of this case will be held on 22 April 2010, when the prosecutor will present his final plead. In a total of twelve files at the Istanbul 9^th, 11^th and 14^th High Criminal Courts Tuğluk faces prison sentence of up to 20 years on charges of "membership of an armed criminal organization", "aiding an illegal organization" and "spreading propaganda for an illegal organization". Two files of six cases were handled by the Istanbul 10^th High Criminal Court regarding "spreading propaganda for an illegal organization" and "publishing statements of an illegal organization" were closed by prescription. The Istanbul 13^th High Criminal Court acquitted Tuğluk in respect to two files regarding the same accusations and another file on allegded "membership of an illegal organization".  Furthermore, Tuğluk stood accused for "aiding an illegal organization" and was acquitted by the Istanbul 14^th High Criminal Court.

The case against Sel Publishing owner İrfan Sancı was opened at the Istanbul 2^nd Criminal Court of First Instance on 16 September. Sancı is tried under the allegation of "spreading obscenity" regarding his publishing of the books "The Fairy's Pendulum" by Ben Mila, "The Amorous Exploits of a Young Rakehell" by Guillaume Apollinaire and "Letters of a Well-Mannered and Knowledgeable Bourgeois Women" by French writer P.V. The Istanbul Prosecutor's Office launched an investigation into the Erotic Books series in January 2009, only omitting the "Book of the Cuckoos" written by Juan Manuel de Prada. Sancı faces prison sentence of up to 3 years. He objected to an expert report prepared by Istanbul Commerce University and requested the books to be reviewed by another expert committee. The court decided to have "The amorous exploits of a young rakehell" and "Letters of a well-mannered and knowledgeable bourgeois women" reviewed by experts appointed by a platform from the Galatasaray University Faculty of French Language and Literature and Faculty of Law. As far as "The Fairy's Pendulum" is concerned, it will be reviewed by experts appointed by the Istanbul University Faculty of Turkish Literature. The trial was postponed to 15 December in order to allow time for the new expert reports and the presentation of new evidence. Sancı argued, "When the expert committee of the Commerce University claims that these books are not works of literature, will that negate the status of these internationally read books as works of literature? Will world-famous poem and writer Apollinaire become a writer of pornography?"

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". 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.

Taraf newspaper journalist Orhan Miroğlu is tried under article 301 the Turkish Criminal Code ("Insulting the Turkish People, Republic of Turkey and Governmental Institutions and Bodies") 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". 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. The Ministry of Justice approved the trial against Miroğlu. He is subject to a political ban imposed in the cours of the clousure of DTP.

A trial was launched with journalist Kemal Göktaş from Vatan newspaper on the grounds of his book "The Murder of Hrant Dink - Media, Judiciary, State". Göktaş stands accused for "publishing confidential documents" on the grounds of his statement that Erhan Tuncel worked as a secret informant and neglected to prevent the the murder of Dink. Tuncel is tried as an instigator in the case of Ramazan Akyürek who was deposed from office as Head of the Intelligence Office. The case will start on 15 January 2010 at the Istanbul 2nd Cirminal Court of First Instance.

Peri Publishing official Ahmet Önal is facing prison sentence on the grounds of the book "Diaspora Kürtleri" by Hejare Şamil published in November 2005. The Istanbul 11^th High Criminal Court had decided for the acquittal of Önal on 13 February 2008. Upon the prosecutor's appeal to this decision, the Court of Appeals Public Prosecution demanded to reverse the judgement to the disadvantage of the writer. The book became subject of prosecution by reason of chapters about so-called Diaspora Kurds who went to the former Soviet Republic in 1992 to organize an arm of the PKK. The book "Teyre Baz or a Kurdish businessman called Hüseying Baybaşin" written by Mahmut Baksi was fined under article 159. The respective file regarding publisher Önal is at the Court of Appeals. Önal's conviction related to the book "Alevism in Dersim" is at the ECHR. Additionally, the decision regarding a one year and three months prison sentence on the grounds of the book "Ambitions and prisoners" was overruled in reference to the statute of limitations. This file was taken to the ECHR as well.

İskenderun Provincial Mayor Mahmut Aydıncı from the recently closed pro-Kurdish Democratic Society Party (DTP) is on trial for addressing imprisoned leader of the militant Kurdistan Workers' Party (PKK) Abdullah Öcalan as "respectable". Aydıncı is tried together with Ersen Korkmaz, owner of theDemokrat İskenderun newspaper (eastern Mediterranean coast) who is sued for publishing Aydınıcı's words. The trial will be continued at the İskernderun 2nd Criminal Court of First Instance on 26 January 2010. Aydıncı and Korkmaz are tried under article 215 of the Turkish Criminal Code (TCK) on "praising crime and a criminal". Korkmaz and Aydıncı face imprisonment of up to 3 years on the grounds of the article entitled "Closing Imrali Prison and its implementations should be taken seriously for the great contribution it would make to social peace" published on 18 November 2008. The case was initiated by the indictment prepared by İskenderun Public Prosecutor Mustafa Tarsuslu which had been accepted by the court on 24 December 2008. Korkmaz is furthermore prosecuted under article 159 of the former TCK for his news item "The leader was taken from the Kurds and turned over to the Fascists". The article deals with a panel meeting of the Turkish Communist Party (TKP). In this trial the prosecution demands another 3 years imprisonment for Korkmaz and TKP executive Necmettin Salaz respectively under charges of "insult and ridiculing of the army and the police".

On 12 December, DTP Elazığ chairman Baki Yıldırım received a 7 months 15 days prison sentence for saying "respectable Öcalan". The Elazığ 2^ndCriminal Court of First Instance considered these words as "propaganda for an illegal organization". The court converted the penalty into a monetary fine of 3,740 TL (€ 1,700). The same court previously tried Yıldırım under the same allegations and decreed for his acquittal.

On 8 December, the Tunceli Magistrate Criminal Court handed down a TL 500 monetary fine to DTP Tunceli District Mayor Özgür Söylemez and his deputy Süleyman Yurtdaş under charges of "praising crime and criminals" by reason of the Kurdish slogan "Biji Serok Apo" ('Long live leader Apo') shouted in a protest action against the closure of DTP. Tunceli District Council Member Ali Ulufer was acquitted since it could not be proven whether he shouted the slogan as well. Yurtdaş, who was also tried for the slogan "Erdoğan is a murderer" was acquitted as well. The protest action carried out on 16 September 2008 was attended by up to 100 people, DTP Tunceli MPs and DTP provincial officials among them. The case had been opened on 4 November 2008. Yurtdaş's lawyer Barış Yıldırım presented the ECHR cases of Pakdemirli vs Turkey and Saygılı and Falakoğlu vs Turkey to the court, which are both related to Turkish punishments due to political criticism.

On 2 December, the Diyarbakır Metropolitan Mayor Osman Baydemir was acquitted by the Diyarbakır 6^th High Criminal Court. Baydemir had been on trial because of referring to the militant Kurdistan Workers' Party (PKK) as the "armed Kurdish opposition". The court based its decision on the following words of former president Ahmet Necdet Sezer: "Freedom of thought and the free declaration of a person's thought may not be prosecuted because of thoughts and opinions". The decision also refers to article 25 of the Turkish Constitution on freedom of thoughts and opinion: "Everyone has the right to freedom of thought and opinion. No one shall be compelled to reveal his thoughts and opinions for any reason or purpose, nor shall anyone be blamed or accused on account of his thoughts and opinions". Mayor Baydemir had been accused for "spreading propaganda of an illegal organization" because of his announcement on the Kurdish television channel ROJ TV in 2007. He was tried un-detained in the context of article 7/2 of the Anti-Terror Law.

Yeni Asya newspaper concessionaire Mehmet Kutlular was acquitted by the Ankara 11^th High Criminal Court on 24 November after he had served 276 days of his 2 years and 1 month prison sentence. Kutlular had been sentenced for interpreting an earthquake which happened during a memorial ceremony on the 39^th anniversiary of the death of Said-i Nursi ten years ago as a "divine warning". Kutlular was originally convicted on the grounds of "publicly inciting the people to hatred and hostility by exposing differences in religion and denominaition". He was acquitted due to an adaptation of this penalty according to the new TCK. Within the framework of the ECHR decision for the case to constitute a "violation of freedom of expression", the court decided for Kutlular's acquittal. The trial against Kutlular had been resumed on 26 August 2008 by the Ankara 11^th High Criminal Court subsequent to the reversal of the judgement by the Court of Appeals 8^th Criminal Office on 16 April 2008.

According to the decision of the Beyoğlu (Istanbul) Public Attorney General's Office, the trial opened by police officer Muhittin Zenit against bianetentered an order of nolle prosequi. Zenit had complained about the bianet website because of a news item about phone calls he had made with Hrant Dink murder suspect Erhan Tuncel after the murder. Bianet was notified about the decision on 23 November. Public prosecutor Muzaffer Yalçın claimed that the bianet website "published documents concerning the state's security" and that there was "no attempt of influencing a fair trial". Yalçın based his opinion on the fact that bianet reported about Dink murder suspect Tuncel talking on the phone with Trabzon intelligence officer Zenit right after he committed the murder, saying, "Man, they hit his head directly... That is the only difference. He was not going to get away but he managed to escape". Zenit demanded the prosecution of bianet official Nadire Mater under articles 326 and 288/1 of the Turkish Criminal Code (TCK) on the grounds of a news article published on 30 September 2007, entitled "Shocking Police Recording in Dink Case" (original title: 'Vurulacak Şekil Belliydi'). Journalist Mater was notified on 23 November about the decision taken on 5 November, informing her that there will be no prosecution. Fromer Trabzon (eastern Black Sea coast) intelligence officer Zenit had launched a trial against bianet claiming compensation under charges of an attack on his personal rights. Zenit based his allegations on the news item "Shocking Police Recording in Dink Case" and "New Evidence for Dink Murder: Muhsin Will Talk to the President about Yasin", published on 28 April 2008. The trial is to be continued on 19 January 2010.

Former Democratic People Party (DEHAP) Tunceli Provincial Chairman Murat Polat was acquitted by the Tunceli Magistrate Criminal Court on 19 November. He stood accused for allegedly insulting Tunceli Provincial Gendarmerie Regiment Commander Namık Dursun in a press release made in 2005. Dursun was prosecuted on the grounds of "attempting to organize demonstrations against terror". After the death of taxi driver Ali Akbayır as the result of a mine explosion, Dursun got in touch with various taxi stations of the Tunceli Chamber of Drivers.

Publisher Ragıp Zarakolu stated in the hearing on 19 November, "As the chairman of the of the Committee of Freedom of Expression and Publishing and as a publisher I cannot do censorship". Zarakolu is tried under charges of "spreading propaganda for the PKK organization" because of the book "More difficult decisions than death" ('Ölümden Zor Kararlar') published by Belge Publishing in March this year. Publisher Zarkolu and author of the book N. Mehmet Güler are facing prison sentences based on article 7/2 of the Anti-Terror Law (TMY) because characters of the book are called "Sıti", "Sabri" and "Şiyar". Zarakolu has been chairman of the Turkey Publishers Association (TYB) Committee for Freedom of Publishing for 15 years. He stated, "The novel plays in historical period Turkey lived through. There are similar examples in world literature. Ernest Hemingway's "For Whom the Bell Tolls" for instance deals with the Spanish civil war. We published the story of a literal character. I want to believe that this trial will result in our acquittal just as other trials about similar books in the past have done. The Anti-Terror Law should be amended to lift the publisher's responsibility", Zarakolu claimed. In the prosecution's final speech prosecutor Mustafa Çavuşoğlu advanced the view that "no legal elements of crime occurred". He demanded the acquittal of Zarakolu and Güler. President Judge Zafer Başkurt reviewed the file and decided to postpone the case till 25 March 2010. Istanbul Public Prosecutor Hikmet Usta based his indictment of 22 May on dialogues in the novel such as on page 39 in the context of a trial against a PKK member, quoted as follows: "This court delegation has no right to judge me. I fight for freedom. I do not recognize this court". The court president's warning "Do not disrespect the court delegation!" and similar passages of the novel are further subject to the indictment.

The Court of Appeals 4^th Law Office decided not to impose a sentence to Birgün newspaper journalist Fikri Sağlar. With its decision from 17 November, the Court of Appeals overruled the local court's decision for compensation payments. The High Court pointed out that the Büyükanıt couple had not been insulted by the published news and that journalist Sağlar did what was needed in terms of press freedom. Defendant Sağlar expressed his delight about the decision, saying that "Justice has been dispensed". If the local court is not going to appeal against the decision, the case will be dropped. In case of another appeal the file will come to the Court of Appeals General Assembly. Büyükanıt had opened a court case against the Birgün daily and journalist Sağlar on the grounds of the column, entitled "Was the file given to Büyükanıt?" ('Büyükanıt'a Dosya Verildi mi?'). Büyükanıt claimed 100,000 Turkish Lira (approximately € 45,500) in compensation.

The Şarköy (province of Tekirdag in Thrace) Criminal Court of First Instance Prosecutor Hüseyin Koçasaln has demanded ten years imprisonment for journalist Yakup Önal of the local "Şarköy'ün Sesi" ("The Voice of Şarköy") newspaper for insulting mayor Can Gürsoy of the Justice and Development Party (AKP) and two municipal council members, Olcay Yücel and Ercan Yücel. Önal had written an article entitled "Fairy tales for adults- Pinocchio and the nine dwarves". The trial was heard on 11 November at the Şarköy Criminal Court of First Instance, the coming hearing is scheduled for 10 March 2010. The court decided to send the case file once again to a specialist. The journalist is tried under charges of "insult". On 20 July 2005, Önal had started a series, one of the referring articles started as follows: "Once upon a time, in a country there was a president called Pinocchio living by the sea in a place called Şarki. Pinocchio had 9 dwarves that would approve any of his decisions like a suction pump".

The Malatya 3^rd High Criminal Court convicted a total of 11 people, among them Labour Party (EMEP) Tunceli Provicial Chairman Hüseyin Tunç, Tunceli Associations Federation (TUDEF) President Özkan Tacar, Socialist Platform of the Oppressed (ESP) activists and former Democratic Society Party (DTP) Tunceli Provincial Chairman Murat Polat. 9 defendants were found guilty of "propaganda for an illegal organization" as defined by article 7/2 of the Anti-Terror Law (TMK) and sentenced to 1 year imprisonment. The other 2 convicts received a mitigated prison sentence of 10 months because of "good conduct". The decision was communicated on 10 November 2009. 11 PKK members were killed last year in a military operation in the rural area of Tunceli-Nazımiye-Büyükyurt in eastern Turkey. Upon this incident, Murat Polat and Hüseyin Tunç made a public press release in the town centre of Tunceli on 11 April 2008. After the press release the Prosecutor's Office initiated an investigation. As a result, the Malatya 3^rd High Criminal Court opened a case against 11 people under charges of article 250 of the Criminal Procedure Law (CMK). The trial resulted in the reasoned decision. Excerpts of the decision read as follows: "Defendant Murat Polat ended his speech by saying 'We got to know that 11guerrillas, members of HPG (People's Defence Forces), lost their lives during the announcement of the Tunceli Governorship'. 'We express our condolences to the families and friends of the HPG guerrillas that died that day in the clashes'. "Hüseyin Tunç used the phrase 'the military made our guerrilla youth martyrs'. The other defendants shouted the slogan 'Şehit Namırın' ('Martyrs Don't Die'). Several defendants also shouted the slogan 'Guerrilla is an honour, claim that honour'".

Nurettin Demirtaş. Former Democratic Society Party (DTP) Chairman, was convicted on the grounds of attending a funeral ceremony of members of the militant Kurdistan Workers' Party (PKK). On 10 November, the Diyarbakır 4th High Criminal Court convicted Demirtaş of "membership to an illegal organization" and handed down a 6 years and 3 months prison sentence, applying article 314 of the Criminal Code. Demirtaş had attended the funeral ceremony of 4 PKK members on 28 May 2006 in Diyarbakır. After some incidents occurring during the ceremony, Demirtaş was arrested and detained for about 4 months. Then he was released and prosecuted un-detained. Demirtaş was tried together with un-detained defendants Ramazan Şimşek, İmam Çobanyıldızı, Ajda İnci, Kenan Güneş and Hülya Arslan. Lawyer Cihan Aydın said in his defence for Demirtaş that his client was present during the incidents since he had attended the funeral as a politician and a DTP executive in order to strengthen his bonds with the people. He stated that Demirtaş had not made an agitating or directing speech to the crowd and concluded that for this reason an element of crime had not been constituted.Aydın pointed out that neither the instant 6 minutes of footage nor the report about the transcript of the cassette were sufficient to render a judgement. However, he could not prevent his client's conviction.

AKP Adana MP Dengir Mir Mehmet Fırat and Hürriyet newspaper were handed down a monetary fine of TL 10,000 (€ 1,760) in compensation on 10 November by the Ankara 10^th Criminal Court of First Instance. The claim had been filed by Ankara Metropolitan Mayor Melih Gökçek on the grounds of Fırat addressing the mayor as a "slut". Hürriyet newspaper had published Fırat's statement who said "Well, Melih Gökçek is more like a slut". Gökçek and CHP Group Deputy Chairman Kemal Kılıçdaroğlu were guests in a program hosted by journalist Uğur Dündar prior to the elections. Before the program it was discussed who would be more influential and Fırat said, "Well, Melih Gökçek is more like a slut. He joins PKK and leaves from a horehouse". The court partly accepted the initial compensation claim of 50,000 (€ 23,800) TL and decreed for a total of TL 10,000 to be paid by Fırat and Hürriyet newspaper.

The Istanbul 10th High Criminal Court prosecutes Milliyet newspaper director Hasan Çakkalkurt because the nation-wide daily reported about an announcement of Kurdistan Workers' Party (PKK) executive Duran Kalkan which he had made to Fırat News Agency (ANF). In the hearing held on 10 November, the prosecutor requested to notify Çakkalkurt about a fine to be paid in advance. However, in the second hearing of the case the court did not take a decision in this respect. It was decreed that the statement of journalist Durukan will be taken. The news item was published in the daily's issue from 24 June 2009. The case started in the absence of the defendants on 12 August. In his indictment the Istanbul Public Prosecutor Hakan Karaali claims prison sentences between 1.5 and 7.5 years for Durukan and Cakkalkurt under charges of "spreading propaganda for a terror organization" according to article 7/2 of the Anti-Terror Law (TMY). The Prosecutor's Office furthermore demands to deprive Durukan and Çakkalkurt from their rights to vote and to be elected plus other rights during the suggested prison sentence. Kalkan was quoted as saying, "The second man of the terror organization Duran Kalkan says that in case of a general amnesty the organization will not put down their weapons but they will commit to the responsibility", he neither said yes nor no to the allegations put forward in talks with the government. About Republican People's Party (CHP) leader Deniz Baykal's announcement that 'in case they put their weapon down a general amnesty could be possible', Kalkan said, "The solution of the Kurdish question is not a question of general amnesty. The Kurdish people do not consider such a situation for the PKK and the guerilla. Even if a general amnesty would be granted also anticipating freedom for Apo [imprisoned PKK leader Abdullah Öcalan], then the PKK would not put down their weapons but may consider declaring a ceasefire, but not to put down weapons, the guerrilla does not put down its weapons", Kalkan argued. The trial is to be continued on 26 January 2010. In recent years several journalists were convicted by reason of reporting about the PKK, among them Sebati Karakurt from Hürriyet newspaper, Hasan Kılıç and Necdet Tatlıcan, andCengiz Kapmaz, Hasan Bayar and Ali Gürbüz from Ülkede Özgür Gündem newspaper.

Democratic Society Party (DTP) members Cemal Çoşgun and Şeyhmuz Seyhan were sentenced to 6 months imprisonment by the Izmir 6th Magistrate Criminal Court on 3 November. The court found them guilty of spreading Kurdish propaganda prior the local elections on 29 March earlier this year. Coşgun was the DTP mayor candidate for the Karabağlar Municipality, Seyan campaigned for the district of Gazidemir. The court convicted Coşgun and Seyhan on the basis of law no. 298 entitled "Law on basic decrees of elections and electorate registers" (article 59 and 151/2). The prison sentence of 6 months was converted into a fine of 3,000 Turkish Lira (approximately € 1350) each. Çoşgun stated that he was going to file an appeal against the decision, "This is nothing else but the government's distraction from the Kurdish initiative". Coşgun emphasized the need of a democratic and civil constitution, saying, "If a really democratic constitution will be issued, this case will be dropped anyways". On 30 July the Izmir 4th Magistrate Criminal Court handed down an eight months prison sentence to Seyhan for addressing his electorate in Kurdish. The court mitigated the sentence to five months due to 'good conduct' and 'a clear criminal record'. Finally, the sentence was suspended for five years on probation.

Journalist Hacı Boğatekin, owner of Gerger Fırat newspaper, was convicted by the Kahta Criminal Court of First Instance in the south eastern province of Adıyaman to a 2 years 2 months and 7 days prison sentence because of "insult to public officials". The insult consisted of the journalist's alleged accusation of public officials, claiming that they tried to force his newspaper 'Gerger Fırat' out of business. President Judge Ercan Kumhak decreed against mitigation and postponement of the punishment on the grounds that the journalist supposedly did not show any regret and attempted to prolong the trial. Besides, Boğatekin had sent a letter to the court prior to the hearing, excusing his absence: "I will not be able to attend the hearing because of .a throat disease. The court should issue invitations to my lawyers Turgut Kazan, Fikret İlkiz and Celal Kızılkaya". The court did not take Boğatekin's letter of apology into account because it showed a "lack of commitment and did not specify who he was going to send". After this, prosecutor Mesut Karaduman did not want to broaden his investigation any further and headed for the final speech of the prosecution. He demanded Boğatekin's conviction on the base of article 125/1-2-3 (a) of the Turkish Criminal Code. Hereupon, the court handed down the prison sentence to Boğatekin in his and his lawyers' absence in the hearing on 27 October 2009. The conviction includes a deprivation of the journalist's "parental right and depriving him of any duty such as warding or fostering" until he will be released from prison. The news item subject to Boğatekin's latest conviction was published on 28 February 2008 under the title "Judge Thwarts Complot". The journalist had stated that prosecutor Ovacılık, gendarmerie supervisor Hakan Ragıp Yüceer and several police officers were about to present the organization of an illegal complot against the newspaper to the Gerger District Administration. In secret meetings they allegedly planned to force the newspaper out of business, Boğatekin wrote. Journalist Boğatekin had previously been imprisoned for 109 days because of accusing Gerger prosecutorSadullah Ovacıklı of alleged connections to Fethullah Gülen, self-imposed exiled leader of the correspondent religious movement. Journalist and official of the relating gergerim.com website Cumali Badur is still being tried in the same context. The case is to be continued on 28 February 2010.

Football fans received a monetary fine of TL 11,200 (€5,330) by reason of posting banners saying "Güler Zere shall not die" and posters of Argentinian revolutionist Ernesto Che Guevara during a football match of the Demirspor team from Adana and the Livorno team from Italy on 4 September. The football fans protested against keeping Güler Zere, ill with last stage cancer, in prison. The police intervened and arrested three people. The Adana Provincial Sports Security Board met on 29 September. Kurtuluş Kılıç, Cesur Sümer, Emrah Eskibal, Mehmet Bıldırcın, Serkan Tatlı, Emirhan Özcan, Serkan Acıbucu, Candaş Yıldız, İlker Güler and İbrahim Hasret Demirel received a TL 1,000 monetary fine each under charges of opposing law no. 5149 on the Prevention of Violence and Irregularities in Sports Competitions. The defendants were identified based on police photographs. The decision was reasoned based on "an insulting and humiliating discrimination of language, religion, denomination, race, gender, ethnics and politics contrary to the ethics of sports. The Governor of Adana approved the decision on 30 September.

On 10 September, the Erzurum 2^nd High Criminal Court imposed prinon sentence to DTP executives based on accounting an instrumental music CD by virtuoso Dilşad Said as evidence. Said resides in the UK. The decision was published on 2 November. DTP Erzincan provincial chair Hüseyin Bektaşoğluwas sentenced to seven years six mothns imprisonment, a six years and three months imprisonment was imposed to Mehmet Gültekin and Ağa Karakayarespectively, Mehmet Arman received a 10 months sentence. The court considered 20 files of evidence, including the "evidence no. 1: CD" and contents such as "the text for 1 May, press release on 2 December related to DTP provincial activities, speeches from regional meetings, İHD, the Newroz investigation in Erzincan, announcements sent to the İHD head office, congress speeches or Newroz handouts". Among other materials, the "evidence no. 5: CD" was taken as "proof" for crime and connections to an illegal organization. The CD contains songs performed by Iranian Kurdish artist Leyla İşxan and Kurdish singer Rojda besides instrumental pieces by violin player Dilşad Said. Upon the request of the Elazığ Public Prosecutor's Office raids had been carried out in April and May 2008 directed at DTP officials who were alleged members of the Patriotic Democratic Youth Movement (YDGH) which is connected to the PKK.

Former Human Rights Foundation (İHD) Istanbul manager Leman Yurtsever was convicted in the case on insult opened by Ali Suat Ertosun. Ertosun was Prisons and Arrest Stations General Director in 2000 when the police violently ended the "death fasts" of hundreds of political prisoners, called the "return to life" operation. The Prisoners had protested against a transfer from large wardens to F-type cells with only 3 or 4 prisoners. On 2 November JudgeMehmet Tuğrul Türksoy from the Ankara 27th Criminal Court of First Instance decreed for a prison sentence of 3 months and 15 days, reasoning that because of "severe wilful intent" the punishment exceeds the minimum limit of 3 months. Yurtsever was tried because he sent a "Human Rights Disgrace Certificate" to Ertosun in 2003. He commented, "I think the decision is wrong and I will file an appeal". Former İHD officials Kiraz Biçici, Doğan Genç,Eren Keskin, Gülseren Yoleri and Oya Ersoy were also tried and sentenced on the grounds of the same protest action. However, their prison sentences were commuted to a fine of 1963 Turkish Lira (€ 900).

The Adıyaman Criminal Court of First Instance postponed the prosecution of journalist Naif Karabatak to 20 January 2010. The journalist is on trial because she criticized the university ban for women wearing headscarves following an according amendment of the constitution. The Adıyaman Magristrate Criminal Court entered an order of nolle prosequi for Karabatak's case on 22 April. The journalist is tried upon a complaint filed by Adıyaman University Rector Prof. Dr. Mustafa Gündüz because of her article entitled "Where are the prosecutors" published on 28 February 2008. Karabatak stands accused for "insult via the media".

The Istanbul Republican Chief Prosecutor's office opened a case against Günlük newspaper publishing director Filiz Koçalı, journalist Ramazan Pekgözand owner of the daily Ziya Çiçekçi because of an interview with Murat Karayılan, Head of the Turkish Democratic Confederation (KCK), urban arm of the militant Kurdistan Workers Party (PKK), within the Union of Kurdistan Societies, the umbrella organisation that includes the PKK. According to a public announcement made on 28 October, the trial will start on 24 February 2010. In the issues from 7, 8 and 9 August the Kurdish Günlük newspaper had published the interview in three different sections entitled "We did what Hasan Cemal wanted", "I completely agree with Yaşar Kemal" and "If the state would take one step we would take two". On the basis of the interview the republic chief prosecutor's office claims "spreading PKK propaganda" and sees legal grounds of guilt because the descriptions emanate from a member of the organization. In the indictment of the trial under charges of "spreading propaganda for an illegal organization" and "giving space to the organization's statements and explanations" Istanbul Public Prosecutor Hakan Karaalidemands a 10 years and 6 months prison sentence for Koçali and Pekgöz and a fine of 10 million Turkish Lira (45,000 €) for Çiçekçi. The first hearing of the trial will take place on 24 February at the Istanbul 9th High Criminal Court. In his indictment prepared on 11 September, Karaali claims to base the punishment of the newspaper officials on article 6/2 and 7/2 of the Anti-Terror Law (TMY). Further reasons of guilt are the following pronouncements made in the interview: "The PKK forces have gone beyond limits, which steps did the state take within the last 5 years?", "If the state would take one step, we would take two" and "If they let us have a state now, we would not accept it".

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. President Judge Hüseyin Öksüz did not only convict Açıkalın, he also deprived him of civil rights such as suspending the sentence. 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. In the broadcast, Açıkalın criticized governor of Adanaİlhan 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".

On 27 October, the Diyarbakır 4^th High Criminal Court handed down a 1 year 6 months prison sentence to DTP Diyarbakır MP Aysel Tuğluk under charges of "spreading propaganda for an illegal organization" on the grounds of giving importance to the declaration for a democratic solution of the Kurdish question issued by the PKK. The court applied article 7/2 of the TMY and decided neither for mitigation nor for a suspension of the punishment. A copy of the decision was forwarded to the Turkish National Assembly. Lawyer Fethi Gümüş said they would lodge an appeal. However, in case the court approved the decision, Tuğluk's status as member of parliament could be terminated, Gümüş explained.

Diyarbakır Sur District Mayor Adullah Demirbaş was acquitted by the province's 5^th High Criminal Court. He had been charged with "spreading propaganda for an illegal organization" based on a statement the mayor made during a commemoration ceremony held for PKK member Burhan Bahtiyar. Demirbaş had said, "The colour of people's eyes may be different, but the tears of the mother of a guerrilla or a soldier are the same. We are grateful to the ones that lost their lives in the struggle for freedom".

Fatih Taş, owner of Aram Publishing House, is tried in 13 different cases at several Istanbul High Criminal Courts under charges of "spreading propaganda for an illegal organization". On 9 March 2010 a hearing will be held at the Istanbul 9^th High Criminal Court regarding Taş's book "The water of Avaşin is blue" ('Mavidir Avaşin'in Suları'). Taş was acquitted in the case about his book entitled "Our language is our existence-Our language is our culture"(Dilimiz Varlığımız-Dilimiz Kültürümüzdür'). In the trial about "33 Days in the storm" ('Tufanda 33 gün') Taş was handed down a ten months prison sentence. He furthermore received a TL 7,782 (€ 3,700) monetary fine for his book "Signs to Ammar" ('Ammar işaretleri'). Both latter cases are at the Court of Appeals. The publisher had to pay a TL 996 (€ 475) monetary fine decreed by the Istanbul 9^th High Criminal Court according to article 7/2 of the TMY on the grounds of his book "Gulen Azadiye". The Istanbul 2^nd Criminal Court of First Instance handed down a TL 650 (€ 310) monetary fine to the publisher on 4 November 2008 applying TCK article 301. Taş was charged with "humiliating state institutions" by reason of his book "They say you are missing" ('Kayıpsın diyorlar'). The case is pending at the Court of Appeals. The Beyoğlu (Istanbul) 2^nd Criminal Court of First Instance had to drop a case related to Taş's books "The love crazed one from the mountain" ('Dağın Mecnunu') and "Memories of a footpath guerrilla 4" ('Patika Gerilla Anıları 4') because the Ministry of Justice did not issue permission.

The court case against journalist Veysi Sarısözen and Günlük newspaper concessionaire Ziya Çiçekçi was contiued on 26 October before the Istanbul 12th High Criminal Court. Sarısözen and Çiçekçi are tried on the grounds of an article entitled "We do not make propaganda for an organization, the people do", printed in the daily's issue on 6 February 2009. Sarısözen is the author of the article in question and Çiçekçi is held responsible for its publishing. According to prosecutor Hüseyin Ayar, the newspaper article opposed article 7/2 of the Anti-Terror Law (TYM) concerned with "making propaganda for an illegal organization". In his revised indictment Ayar demands prison sentence of 7 years and 6 months for Sarısözen and Çiçekçi. Sarısözen, who is tried in an additional case because of the contents of his defence, stated, "I never ever stepped up in public and cheered for the PKK, but I became witness of 1 million people in Diyarbakır shouting for the PKK. There is no need for us to make propaganda because the people do so anyway". The author was represented by his lawyer Özcan Kılıç. The trial is to be continued in March 2010. Prosecutor Ayar said in the indictment, "It is understood that the suspected editor in chief is complicit in a crime in the manner of having read the article and publishing it without seeing an element of crime. The PKK organization is not recognized as a terror organization by himself and by the people, to the contrary of characterizing it as a movement of insurrection and rebellion; the people did not consider the person a terrorist who was called one by the Prime Minister, and propaganda was spread in the entire article".

A total of 14 lawsuits have been opened against Günlük newspaper owner Ziya Çiçekçi between 21 March and 12 December 2009 on the grounds of opposing TMY articles 6/2 and 7/2. While Çicekçi received a 3 years 4 months prison sentence, four publication bans imposed to Günlük newspaper were brought to the ECHR. 32 cases were opened against Cesur Yılmaz, concessionaire of Özgür Görüş, Rojev, Özgür Ortak, Özgür Mezopotamya, Siyasi Alternatif and Süreç newspapers, on the grounds of news items, articles and photographs published between 18 April and 18 December. In total, Yılmaz received a nine-year prison sentence and a TL 6,000 (€ 2,860) monetary fine. The decisions are pending at the Court of Appeals. Erdal Ölmez, concessionaire of Ayrıntı, Analiz, Özgür Yorum and Politika newspapers, was sentenced in eleven cases filed against him between 24 January and 26 December 2009; in one case he was acquitted. To name just one example, Ölmez received a 2 years 8 months and 7 days prison sentence under charges of "spreading propaganda for an illegal organization" and "publishing announcements of an illegal organization" based on news issues published in Ayrıntı('Detail') newspaper from 24 to 30 January 2009. Ölmez applied to the Court of Appeals regarding prison sentences of  20 years until now. At the same time, nine cases are still pending at Istanbul High Criminal Courts. Three publication bans for Politika newspaper and two bans for Analiz newspaper have been brought to the ECHR.

In the hearing on 22 October the Diyarbakır 6^th High Criminal Court handed down a 10 months prison sentence to Ayadiya Welat newspaper distributorMehmet Altay because of "propaganda for an organization". Subject of the conviction was the newspaper's publication of a photograph showing imprisoned Abdullah Öcalan, leader of the militant Kurdistan Workers Party (PKK), holding an issue of the daily with both of his hands above his head. DefendantFehime Ete, prosecuted together with Altay, was handed the same sentence. The reason was Ete's unfolding of pieces of cloth with the organization's emblem in an opening ceremony of an election office prior to the local elections on 29 May earlier this year. Upon his final request the prosecutor stated that Altay had been among a group of people shouting slogans in favour of Öcalan during the opening ceremony of the office. "The commitment of an offence was specified with the photograph of Abdullah Öcalan holding the Azadiya Welat newspaper above his head with both hands".

A trial against Haber 49 newspaper owner Emrullah Özbey is being prosecuted under allegations of "insult" after publishing a news article entitled "A resignation full of speculations" regarding the resignation of Provincial Secretary General Ahmet Güngör. The first hearing was scheduled for 22 September at the Muş Magistrate Criminal Court. Özbey asked questions about Güngör's resignation to the Muş Governor Erdoğan Bektaş who sent him answers to 15 of his questions. In another case, the Court of Appeals Law Office reduced a fine handed to the journalist from 1,200 TL to 1,000 TL (€ 450) in compensation. Özbey had reported about the "Signature Scandal" on 17 January 2005 concerned with the cancellation of an exam for disabled people with of a forged signature. In the meantime, the State Council decided to appoint the disabled employees to their former jobs. Özbey is going to apply to the European Court of Human Rights.

On 22 October, the Izmir Public Prosecutor's Office opened a case againt the Black Pink Triangle Association aimed at the closure of the LGTB organization on the grounds of "contradicting the public morality and the Turkish family structure". The trial will start on 19 February 2010. The case was launched on 16 October 2009 by Prosecutor Sami Dündar upon the application of the Izmir Provincial Associations Presidency on the grounds of lacking the completion of information regulated by article 60/2 of the Anti-Terror Act.

Newspaper owner Selmi Yılmaz and editor-in-chief Fakir Yılmaz from the Kuzey Doğu Anadolu ('North East Anatolia') daily were handed a fine of 4,000 Turkish Lira (1,800 €) in compensation each because of an article of Fakir Yılmaz describing his impressions about another court case he was subject to himself. The newspaper from the city of Ardahan in the east of Turkey had published an article entitled "Should I have recused the judge!" in its issue of 14 May 2009. On the grounds of this article judge Dilek Şen and prosecutor Emrah Ünal from the Ardahan Courthouse claimed an attack against their personal rights and demanded 40,000 TL (18,000 €) in compensation from the journalists. The Ardahan 2nd Civil Court of First Instance brought the case to an end in its 6th session on 14 October. The court had previously rejected the journalists' request to send their file to a court expert. President Judge Levent Mutluruled for the payment of 2,000 TL (900 €) each to the complainants Dilek Şen and Emrah Ünal. Fakir Yılmaz did not attend the last hearing and announced that with all his respect for the court's decision he is going to take the case to the court of appeals. Yılmaz explained that the hearing started 8 hours late and that the judge was rather stressed due to his work load. The journalist said that when he mentioned that he had not been informed about the indictment, the judge lost his temper towards him and humiliated him in front of his wife and brother. The case against Fakir Yılmaz regarding a compensation claim from district governor Önder Çan was dismissed. Yılmaz had criticised Çan for taking a 20-ton bulldozer onto a frozen lake in order to clear the path for a military tent put up as part of a festival. The ice broke and the bulldozer was in danger for sinking. It took dozens of vehicles to finally rescue the bulldozer in the evening. The article reporting on this incident was entitled "Authorities in Ardahan Must Be Mad", making use of the word "Çıldır", which here refers both to the district and to "çıldırmış", "mad". The article was also published in the national Taraf newspaper on 11 January.

The Istanbul 2^nd Criminal Court of First Instance will continue the prosecution of journalist Nedim Şener on 2 February 2010. Şener is the author of the book "The Dink Murder and the Intelligence Lies" about the murder of Turkish-Armenian journalist Hrant Dink, recounting the negligence of police and gendarmerie officers prior to the murder. The journalist is facing eight years imprisonment in this case only. In the hearing on 29 September 2009, the Police General Directorate requested to be accepted as joint plaintiff in the case. The court rejected the demand since the Police General Directortate is denounced in the file and the indictment and since "no direct harm was done". Journalist Şener stands accused of "insulting public officials, supplying and announcing confidential information and attempting to influence a trial". The court is going to include the expected reply from the Prime Ministry Inspection Board into the file, investigate it and evaluate the requests.

Adana Branch Chair of the Human Rights Foundation (İHD) Ethem Açıkalın was handed a 1 year prison sentence for protesting the murder of Kevser Mızrak, who had been killed by the police in his home in Ankara. Açıkalan participated in a press release organized by representatives of the Adana Rights and Freedom Front (HÖC) in the Adana İnönü Park on 13 December 2007. In the demonstration it was claimed that Mızrak was a member of the leftist militant Revolutionary People's Liberation Party/Front (DHKP-C) and his killing was condemned. 4 days after Açıkalan attended the meeting he was arrested. After 5 months in detention he was released and prosecuted un-detained. On 8 October the Adana 8th High Criminal Court sentenced Açıkalan, HÖC representative Şenmsettin Kalkan, ESP representative Dinçer Ergün, Çukurova People's Culture Centre representative Hasan Yüksel and HÖC representatives Mehmet Bıldırcın, Hasan Kutlu, Halime Keçeli, İlhan Sarıoğlu and Emrah Eskibal to 1 year imprisonment each applying  article 7/2 of the TMY.

Milas Önder newspaper journalist and chief editor Kemal Kaşkar is tried before the Milas 2^nd Criminal Court of First Instance in Muğla on the grounds of insulting Prime Minister Erdoğan and president Gül by calling them "dishonest" in an anecdote. Kaşkar faces prison sentence of up to 2 years 8 months under charges of "insult of the prime minister via the media". The Milas Önder newspaper publishes anecdotes sent in by its readers every Saturday. The daily's publishing director Çoşkun Efendioğlu recalled, "This is indeed not a part of our publishing policies and we are careful about it. Even if it slipped our attention, there was no reason to open a trial because of this anecdote. It is actually a nice anecdote. If we should be convicted and would not reach a result at the Court of Appeals, we will apply the European Court of Human Rights", Efendioğlu said.

The Adana 5^th Civil Court of First Instance acquitted radio journalist Sabri Ejder Öziç after 6 years. On 1 March 2003, before its refusal by the parliament, Öziç had commented against the govermnent move for deploying Turkish troops in Northern Iraq: "If the National Assembly (TBMM) decides to send the military to be involved in acts of terror, then this Assembly is a terrorist". Öziç said afte his acquittal, "Today we still hear anti-militarism ideas in the background. It is most important that we condemn the consideration of ideas as crimes. We still hanker for a country without crime...". The court tried Öziç under allegations of "Public humiliation of the National Assembly" because of his statement on 24 March 2003 about the bill sent from the cabinet to the National Assembly regarding the presence of the military and sending soldiers to Iraq. The Court of Appeal Public Prosecutor Turhan Başar though decided for the acquittal of Öziç on 23 February 2005. He evaluated Öziç's comments in the context of freedom of speech, regarding them as heavy criticism without considering them as elements of crime. He pointed out that the previous decision had been taken on the grounds of only half a sentence isolated from the context. Journalist Mustafa Alp Dağıstanlı was also on trial under article 301 because of his article entitled "Armenian genocide on 19 January 2007" published 4 days after the assassination of Agos newspaper editor Hrant Dink. Dağıstanlı's case was dropped after the Ministry of Justice did not permit its continuation.

The Supreme Court General Judicial Assembly decreed for opening a court case against writer Orhan Pamuk, laureate of the Nobel Prize for Literature. The author faces a fine of 36,000 TL (16,655 €) in compensation because of the following statement he made during an interview published in Switzerland in February 2005: "On this ground 30,000 Kurds and 1 million Armenians were killed". With the decision taken on 7 October, the General Assembly rejected Pamuk's lawyers' request for an amendment of the initial decision, so the trial against the writer will re-start at the Şişli 3^rd Civil Court of First Instance. A complaint had been filed against Pamuk at the Şişli 2^nd Civil Court of First Instance under charges of the former version of the Turkish Criminal Code (TCK)article 159 (new TCK 301 "Insulting the Turkish People, Republic of Turkey and Governmental Institutions and Bodies") and for "defaming Turkishness". However, the Ministry of Justice did not accept the claims and dropped the case. President of the Istanbul Martyrs' Mothers Solidarity and Support Association Pakize Alp Akbaba and lawyer Kemal Kerinçsiz, currently in detention as a defendant in the Ergenekon case, are just 2 of 6 people altogether claiming a total of 36,000 TL in compensation from Pamuk. The Şişli 3^rd Civil Court of First Instance ruled that the plaintiffs do not possess the right for compensation as a result of an attack on their individual rights just because they hold the Turkish nationality. The court rejected the claim of active hostility. Upon filing an appeal the Court of Appeals 4^th Judicial Office pointed out that the plaintiffs indeed have the authority to open a case and asked to apply the procedure if an attack on their personal rights had occurred. The Judicial Office reminded that under article 66 of the Constitution it is said that "everybody who is bond to the Turkish State by holding the Turkish citizenship is a Turk". The office emphasized that an honorable person's feelings of belonging to a nation is a matter of personal values and  resides under legal protection. The local court dealing with the case after the decision was annulled by the Court of Appeals resisted to the previous decision and decreed for a rejection of the case. After another appeal was lodged against the latest local court's decision, the file has now come to the Supreme Court General Judicial Assembly.

General publications coordinator Nadiye Gürbüz from Izmir Democratic Radio was released pending trial on 17 September after the second hearing. Gürbüz had been arrested in the course of an operation against the Marxist-Leninist Communist Party (MLKP) and was kept in detention for more than 8 months. The trial will be continued on 26 January 2010 at the Istanbul 9^th High Criminal Court. Mine Özalp and Sakine Solmaz, who were detained together with Gürbüz, were released after the first hearing.

The Diyarbakır 6^th Criminal Court of First Instance continues the case against Sur Mayor Abdullah Demirbaş, deputy mayor Hüseyin Kaya, purchase deputy manager Resül Baran and manger of cultural affairs Mehmet Ali Altunkaynak. The municipality employees are on trial for providing services in the Kurdish, Armenian and Syrian languages other than Turkish. The court prosecutor had demanded prison sentence of 3 years and 6 months for the un-detained defendants on 25 May. The prosecutor applied TCK article 257 on "harming the public by misconduct of duty" and article 222 regarding "acting in contradiction with the hat and Turkish letters" on the grounds of disuniting municipality activities. The case is to be continued on 30 September. Demirbaş commented, "If we are punished or not, it will not change the fact that there are many ethnic identities, many cultures, many beliefs and many languages in Turkey. The government sees itself right and us as criminals. If I spoke Kurdish, this court would have to provide an interpreter. I am accused of allocating sources from the municipality budget".

Star newspaper journalist Şamil Tayyar received a 2,610 TL (€ 1,200) monetary fine for charges of "insulting" journalist Güler Kömürcü "via the media" in September. He was also handed down a 1 year 6 months prison sentence by the Istanbul 2^nd Criminal Court of First Instance for "violating the confidentiality of communication and private life". Due to good conduct the sentenced was reduced to 1 year 3 months and suspended of 5 years. Tayyar will be subject to judicial supervision during this time and will have to go to prison if he commits any criminal offence. Kömürcü filed a criminal complaint against Tayyar on the grounds of his articles "Have a nice working day, Mr. Tuğrul" from 12 September 2008 and "To whom Ergenekon is left" issued on 17 September 2008. Apparently, it was mentioned in the article that the telephone conversation between Kömürcü and Turğrul Türkeş, which was not related to the investigation, was included in the indictment. The decision is also important since it qualifies the conversation included into the Ergenekon indictment by the prosecutors as a "violation of private life".

The Diyarbakır Metropolitan Mayor Osman Baydemir was acquitted by the Diyarbakır 6^th High Criminal Court. Baydemir had been on trial under charges of "spreading propaganda for a terror organization" because of referring to the militant Kurdistan Workers' Party (PKK) as the "armed Kurdish opposition".

In the first and only session of the case on 15 September the Adana 2^nd Criminal Court of First Instance decided to pass a sentence of 11 months and 20 days' imprisonment to Sevda Turaçlar. Turaçlar works as an IT operator for the Turkish 'Ekspres' newspaper and published an anecdote about Turkish presidentAbdullah Gül. Insulting the president by printing the anecdote was the reason for the court's decision. The penalty will be executed only if Turaçlar will commit an offence of the same kind within the coming 5 years. Turaçlar told bianet she will not file an appeal against the decision: "We respect the decision of the law. I am working in journalism for 20 years and this is the first time I am experiencing something like this. I received support from all over Turkey. I thank everybody". Un-detained defendant Turaçlar explained the incident from her point of view: "I am working at the newspaper in the technical service department as an IT operator. The anecdote came to me via email and I did not check it before I used it. I had used anecdotes about former presidentSüleyman Demirel and former Prime Minister Yıldırım Akbulut before. I was not aware of committing a crime".

Chief of General Staff Legal Council Hıfzı Çubuklu filed a court case with journalist Mehmet Baransu from Taraf newspaper because of his news item about an "Anti-Reactionary Plan" allegedly prepared within the army. Baransu said that if the investigation should be turned into a trial, he is going to present documents to the court which will prove the allegations wrong. He stated not to have received any information on being subject to a trial. The "Anti-Reactionary Plan" lays out strategies to defame the ruling Justice and Development Party (AKP) and the religious Fethullah Gülen movement. The General Staff started an investigation on the grounds of their complaint after the journalist had published the news on 12 June this year. Journalist Baransu knew that he was subject of an investigation on account of "publicly insulting the military forces". Nevertheless he had not obtained any information about a court case being opened against him: "The prosecutor's office carrying out the investigation may have informed the General Staff" Baransu assumed. The journalist said that the file of the investigation conducted on the grounds of article 301 of the Turkish Penal Code (TCK) was sent to the Ankara Ministry of Justice on 12 August.

On 10 September, the court case against theatre actor Mehmet Atak, Oğuz Sönmez, Gürşat Özdamar and Serkan Bayrak continued at the Beyoğlu 2nd Criminal Court of Peace. They are accused of "alienating the public from military service" because they supported conscientious objector Mehmet Bal in a press statement. They had protested at his rearrest by the army after he had spent six months in prison, as well as against torture claims during the second detention. They face up to two years imprisonment under Article 318. In the latest hearing, the defendants and lawyer Ömer Kavili were removed from the court room by armed police force. The president judge accepted only Mehmet Atak as a defense lawyer had only the sections regarding him put to protocol. When Kavili claimed that the right to defense of the other three defendants was obstructed, he was removed from the court room. Kavili and his clients brought the situation to the HSYK.

The Diyarbakır Chief Public Prosecutor's Office did not see the need for legal proceedings against Durre and Kazım Örmek, parents of 10-year-old M.Ö., and the Diyarbakır Sur district Mayor Abdullah Demirbaş. Ten-years-old girl M.Ö. was under prosecution together with Mayor Abdullah Demirbaş on the grounds of giving Kurdish lessons to other children at home along with the municipality's project "One story to each house" (Kurdish: Sere Şeve Çirokek). The project ''One story each night and turning every house into a place of education" was launched 3 years ago. M.Ö.'s parents previously made a statement at the prosecutor's office that together with Mayor Demirbaş they had turned one room of their home into a class room in the course of the project. After the investigation the prosecutor's office decided to drop the case.

On 8 September, the Diyarbakır 6^th High Criminal Court tried former MP of the closed Democratic Party (DEP) Leyla Zana who was convicted because of referring to Celal Talabani, Mesut Barzani and Abdullah Öcalan as the "3 leaders of the Kurds" during the Newroz celebrations in 2007. However, Zana was acquitted of allegations of "spreading propaganda for an illegal organization". Zana was facing a 2 years prison sentence under charges of "praising crime and criminals" because she had said "Being tried because of my thoughts is a shame of the Turkish democracy in my opinion". Zana's lawyer Meral Danış Beştaş announced, "The courts are not a place to spread propaganda, because propaganda involves spreading a certain idea. Besides, the right to defence is universally guaranteed in the Constitution and in international law".

On 8 September, the Aydın Juvenile Court dropped the case of a 13-year-old child who was trialed because of addressing Prime Minister Erdoğan with the curse "God damn you" when Erdoğan visited the city of Aydın (in the southwest of Turkey) before the local elections on 29 March 2009. The child was taken to Erdoğan by his bodyguards and he asked him why he talked to him like that. When M.S.Ö. answered "I do not like you", Erdoğan squeezed the child's throat. 13-year-old M.S.Ö. was convicted of "Publicly defaming a public official connected with the public service he provides". The case was dropped at the first hearing. The court decided in accordance with the child's lawyers' defense that Erdoğan had visited the city of Aydin as chair of the ruling Justice and Development Party (AKP), thus he cannot be considered as a public official in this context. If the case had been continued, the 13-year-old child would have been trialed under article 125 of the Turkish Penal Code (TCK) and could have faced 14 to 28 months imprisonment. M.S.Ö. cursed the prime minister because his father went bankrupt. The child's lawyers filed a criminal complaint against Erdoğan with the allegation of "deliberately hurting people". However, this complaint was dismissed. Lawyer Kemal Aytaç emphasized, "Everybody is protecting the prime minister but what is actually essential is the protection of the child. The indictment had been amended in contrary of the law and the court could accept it. After all, the prime minister himself did not complain".

The Şişli (Istanbul) 2^nd Criminal Court of First Instance tries former Alınteri magazine editor-in-chief Sakine Yalçın for of calling former Justice Minister Hikmet Sami Türk a "murderer". Yalçın will come to court once more on 4 November because of the news item entitled "No to cell type living" published on 1 February 2002. The journalist received a 884 TL fine in the first trial and applied to court of Appeals. Yalçın was arrested in 2006 when she picked up her passport. She paid her fine in order to be released but her case is still pending. Yalçın is tried before the Şişli 2^nd Criminal Court of First Instance under article 159 of the Turkish Criminal Code on the grounds of her article "The continuity of the coup" published on 16 July 2003. Yalçin mentioned "soldiers smearing excrements to hundreds of villagers and raping women" and called the Turkish National Assembly "a stable". The Ministry of Justice did not approve the journalist's prosecution due to the amendments regarding article 301. Yalçin announced that she is still a defendant under article 159 of the former TCK and that she received a suspended prison sentence. The file was forwarded to the Court of Appeals. Yalçın was convicted of "insulting the army" and received a 620 TL administrative fine for her article "The class against the class" published on 17 October 2003. Yalçın appealed against this decision too.

The Beyoğlu 1^st Magistrate Criminal Court in Istanbul acquitted Labour Youth members Şerafettin Gökdeniz, Sercan Bakır and Ekin Can Kınık. They had been tried under allegations of insulting the prime minister because of organizing an event on 20 May 2008 after they had sent collected signatures to the prime minister in the context of the campaign "Life does not fit into a 3-hour exam". An expert report sent to the court had indicated that no element of crime was constituted by saying "He was born in Istanbul and became an American, murderer Bush's son Tayyip Erdoğan". The 3 young people who had been taken into custody were also acquitted of opposing the Law on Meetings and Demonstrations.

The Istanbul Public Prosecutor's Office has opened a trial against journalist Mehmet Baransu from Taraf newspaper. Baransu is accused of "communicating protocols" regarding an attack of the militant Kurdish Worker's Party (PKK) on the Aktütün police station which resulted in the death of 17 soldiers. The indictment prepared by Public Prosecutor Ercan Şafak on 27 August 2009 includes the following information: Mehmet Baransu's news item entitled "Written Records" published on 13 April 2009 gives information about details such as the time of the attack, departure times of the aircrafts that bombed PKK camps, when the Prime Minister and the Presidency was informed and what time the Chief of General Staff came to the headquarters. 2 months after the publishing of the news the Military Prosecutor's Office filed a criminal complaint against Baransu on 12 June. The complaint accuses Baransu of "disclosing information related to the state's security and political efficacy which should have remained confidential".Baransu's trial will open on 18 November at the Istanbul 14th High Criminal Court. Baransu is facing up to 10 years imprisonment applying article 329/1 of the Turkish Criminal Code(TCK) on the grounds that he "published confidential written records, and information and documents with a classified status that had not been removed or altered".

Former Democratic Society Party (DTP) deputy chair Orhan Miroğlu received a 2 years 4 months prison sentence for saying "The PKK is reality in Turkey, Turkey has to face this truth. Do not search beyond the boarder" during the 2007 Newroz festival. The Ankara 11^th High Criminal Court claimed "spreading propaganda for an illegal organization" in its decision taken in August. The file was forwarded to the Court of Appeals. Taraf newspaper journalist Miroğlu is tried under article 301 the Turkish Criminal Code ("Insulting the Turkish People, Republic of Turkey and Governmental Institutions and Bodies") 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". The Ministry of Justice approved the trial against Miroğlu. 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.

Artist Ferhat Tunç is being sued with "insult and ridiculing of the judiciary" on the grounds of his article entitled "A revolutionary Leyla and a song" published by Yeniden Özgür Gündem newspaper on 19 January 2004. The article mentioned the term of "abstruse judiciary". The Beyoğlu (Istanbul) 2^ndCriminal Court of First Instance demands prison sentence for Tunç and the then editor-in-chief Mehmet Çolak who currently lives abroad. In a separate case, Tunç is tried for a statement in his concert in Antalya/Alanya on 22 July 2006, saying, "Just as deceased soldiers are regarded as children of this country, each guerrilla that was killed is a child of this country too".  The İzmir 10^th High Criminal Court acquitted Tunç of charges concerning "spreading propaganda for an illegal organization". However, the prosecutor objected the decision and the file was forwarded to the Court of Appeals. Also here Tunç said, "Just as deceased soldiers are regarded as children of this country, each guerrilla that was killed is a child of this country too. My heart is burning for every soldier that died; my heart is bleeding for every guerrilla that was killed.

Ergenekon defendant retired Brigadier General Veli Küçük opened a trial against Lawyer Erdal Doğan because of Doğan's statements made on the Turkish news channels NTV, Habertürk and STV on the day of the assassination of Turkish-Armenian journalist Hrant Dink on 19 January 2007. Retired Brigadier General Küçük claims 10,000 TL (€ 4,500) in compensation. Previously, the trial had been dropped because the complainant's lawyers did not attend the hearing without giving an excuse for their absence. However, the case was reopened with additional initiatives at the Beyoğlu (Istanbul) 1^st Criminal Court of First Instance. Doğan claimed that Veli Küçük had requested to be accepted as joint plaintiff in a lawsuit against Doğan's former client Hrant Dink who was tried under article 301 of the Turkish Criminal Code. Doğan recalled, "Veli Küçük submitted a hand-written motion to become a party of the suit. Hrant told his family, close friends and me that he felt ever more anxious after this incident. Because Veli Küçük is not just an arbitrary, ordinary person. Everybody knows that well". The case is to be continued on 5 November.

On 28 July, the Diyabakır 4^th High Criminal Court sentenced Kurdish politician Leyla Zana to 1 year and 3 months imprisonment for allegedly spreading PKK propaganda in a speech made at a seminar at London's SOAS University on 24 May 2008. In her speech, she had likened the PKK and its imprisoned leader Abdullah Öcalan's importance to the Kurdish people to the importance the brain and heart have to humans. "They have created a new life for the Kurdish people, so that a people that used to be ashamed of its existence gained a spirit of freedom and resistance." The former MP for the Democracy Party (DEP) was tried under Article 7/2 of the Anti-Terrorism Law and the prosecution demanded 5 years imprisonment. The police had monitored recordings on the Kurdish satellite channel Roj TV and had filed a criminal complaint against her. There are more than 10 trials pending against Zana. She is furthermore prosecuted for her utterances regarding the European Parliament's "4^th International EU, Turkey and the Kurds" conference published in Akşam newspaper on 4 December 2007 under the title of "Zana: Öcalan's role is of crucial importance". Additionally, the Diyarbakır 5^th High Criminal Court tries Zana for her statement "If a hand is reached out to the Kurds for brotherhood, peace will be sustained on a stronger basis. If we do not reach out, the Kurds will always fight. I call Erdoğan to visit the Kurdish cities one by one, to reach out for peace in İmralı. This is the wish of the people".

The Silivri 1^st Criminal Court of First Instance has been trying Hakan Taştan and Turan Topal for the last 3 years under charges of "inciting hatred and hostility", "humiliating the Turkish people" and "collecting data contrary to the law". The case is postponed till 28 January 2010 to hear further witnesses. The court decided to expand the investigation because of "spreading Protestantism" and ruled to take the statements of 2 employees of the Istanbul and Beyoğlu judiciary to "witness the missionary's widespread presence in the judiciary". The case was initiated upon a warning issued for Christians in Silivri (northern coast of the Sea of Marmara) saying, "The missionaries tried to establish an organization at the local schools and wanted to turn them into sacred places. Speeches were made that humiliated 'Turkishness', the military service and Islam". Among the accusations against members of the Turkish Protestant Church in Taksim (Istanbul) are allegations such as "conduction missionary activities by distributing books and CDs regarding the bible and Christianity to the mostly student complainants free of charge". The Ministry of Justice approved the prosecution of Taştan and Topal under article 301 of the TCK.

DİHA news agency journalists Sertaç Kayar and Yunus Tosun were taken into custody after covering a protest action in the Beyoğlu district of Istanbul and are now being tried for the reason of participating in the protest action. Both journalists were released by the prosecutor's office on 20 October 2008. Now they are facing punishment under charges of "using flammable materials during an illegal demonstration and damaging public property" at the Istanbul 10^th High Criminal Court. Kayar and Tosun stated that they were taken into custody while they followed the event as reporters and that all news materials were confiscated. Both journalists claimed that they did not want their statements to account as their defence and rejected the claims against them. According to the police, they watched a group throwing a Molotov cocktail at construction machinery at a building site in Dolaperdere, Beyoğlu. The group supposedly escaped and DİHA trainee Tosun and journalist Kayarı fell behind. They were taken into custody together with their photography and video cameras and gas masks.

Kurdish politician Mahmut Alınak faces prison sentence for writing a letter in Kurdish to Prime Minister Erdoğan saying "You deceive the people from Kars". Alınak previously received an 11 months 20 days prison sentence and has to plant 500 pine trees. He appeared before the Kars 2^nd Criminal Court of First Instance on 23 July for criticizing Erdoğan in his Kurdish letter. Alınak is tried un-detained and faces prison sentence of up to 2 years. He said in his defence, "In my letter I wrote that the Prime Minister and the [ruling] Justice and Development Party deceived the people and that they look at Kars as a colony. I do not understand how these words constitute an insult. This means that we must not voice any criticism. So we have to walk around with our mouths sealed. What kind of freedom of thought is this, when the term "deception" constitutes a crime. It seems the only place where we can be free in this country is in prison", Alınak said. The court launched an investigation into the defendant's records.

Diyarbakır Mayor of the Sur district Abdullah Demirtaş was prosecuted for his expressions voiced at a commemoration ceremony for PKK member Burhan Bahtiyar. Finally, Demirtaş was acquitted. He was tired under charges of "spreading propaganda for an illegal organization" because of the following words: "The colour of the eyes might be different, but the tears of a mother of a guerrilla and the mother of a soldier are the same. We are grateful to the ones who gave their lives for the struggle for freedom".

Afyonkarahisar Ermirdağ newspaper responsible manager Mustafa Koyuncu faces up to 6 years imprisonment and a 440,000 TL (€ 200,000) compensation claim. Koyuncu accused the Police Directorate of prostitution, assault and insult in his news item entitled "Should we have entered the EU like this? They are abusing their duty" published on 12 March 2007. 4 witnesses confirmed the journalist's allegations before the Emirdağ Criminal Court of First Instance. Koyuncu was taken into custody on 13 March 2007 under charges of "insult via the media" and released 1 week later upon the condition of publishing a dementi.

The Istanbul 9^th High Criminal Court prosecutes Alternatif newspaper owner Cevat Düşün and publishing director Ragıp Zarakolu under allegations of "spreading propaganda of a terror organization", "praising crime and a criminal" and "alienating the public from military service". The case was opened on 23 September 2008 on the grounds of the following articles published on 16 and 17 August: publishing the article "I reject becoming a Turkish soldier" written by conscientious objector Mehmet Ali Avcı; referring to the militant Kurdistan Workers' Party (PKK) as 'an organization fighting for the freedom of the Kurdish people' and to PKK imprisoned leader Abdullah Öcalan as 'leader of the Kurdish people' in an article entitled "The first bullet should be discussed"; publishing the news "Fireworks celebrations everywhere" in the context of celebrations in the South-East on 15 August and publishing the article "If the politics do not provide a solution, the Kurds will turn their faces to the mountains" referring to a speech made by a Democratic Society Party (DTP) MP in Ağrı.

Ethem Açıkalın, president of the Human Rights Association (İHD) in Adana, had previously been accused of being connected to the militant Kurdistan Workers' Party PKK, the Marxist Leninist Communist Party (MLKP) and DHKPC (Party and Revolutionary Front for the Liberation of the Turkish People). He has already been on trial eight times for "spreading PKK propaganda", "resistance against the police" and "inciting hatred and hostility". In the course of a demonstration on Chidren's Day on 23 April 2009 in Hakkari in the south-east of Turkey a riot police officer ran after a 17-year-old child, caught up with him and brutally beat is head and upper body with his rifle butt. Açıkalın had organized a protest in Adana against this incident. Now he is accused of "opposing the law of meetings and demonstrations."

Nur Bilgen, chair of the Institute for Forensic Medicine 3rd Specialization Chamber, announced on 2 September that she filed a lawsuit against Prof. Dr. Şebnem Korur Fincancı, board chair of the Turkish Human Rights Foundation (TİHV) and Barış Yarkadaş, chief editor of "Gerçek Gündem.com" ('real agenda') website. The trial against Fincancı and Yarkadaş will start at the Kadıköy (Istanbul) 2^nd Criminal Court of First Instance on 15 January 2010 under charges of "insulting a public authority". Both defendants are facing a 2 years 6 months prison sentence. Birgen has been frequently criticized by the media because of her medical reports. In one of her reports she suggested to relaease detained Ergenekon defendants from detention. In another report she spoke out negatively about detainees in F-type prisons suffering from Wernicke Korsakoff syndrom. On 22 July 2009 journalist Başak Günsever of Gerçek Gündem.com published the interview with Fincancı, which allegedly insulted her. In the inteview Prof. Fincancı was asked whether there is a change of staff in line with the change of power in the Forensic Medicine. Fincancı answered that Birgen obtained her position as a result of her loyalty. She said that there have been heavy and important changes in the line-up of the Forensic Medicine Institute, and that this was  especially the case under the direction of Mehmet Ağar. When asked how Birgen obtained her current position, Fincancı replied: "It probably was a reward for her loyalty! There are investigations about reports made by the Medical Chamber Honor Council concerning torture because evidence of torture had been hidden. Those reports probably gained her positive points on her record."

'Friday in Turkey' magazine journalist Abdurrahman Dilipak and 6 newspaper correspondents will finally appear before the court after their case has been pending for more than 5 years. They are tried because of the articles "If the pasha does not listen to reason", "Undisciplined Pashas" and "The essential condition for the military is not secularism, it is patriotism", published between 29 August and 3 September 2003. The case will start at the Bakırköy (Istanbul) 2^nd Criminal Court of First Instance on 11 February 2010 with defendants Mustafa Karahasanoğlu, general publishing coordinator, responsible manager Cengiz Almış and newspaper staff Mustafa Hacımustafaoğulları, Hüseyin Arı, Yalçın Turgut and Abdurrahman Şeref Kazan. The defendants were initially sued at the Kolordu Command Military Court under article 95/4 of the Military Criminal Code (ACK) on "harming inferiority-seniority relations". Due to amendments of the ACK, the file was brought to the Bağcılar Criminal Court of First Instance and from there transferred to the Bakırköy court. This time, Dilipak was waiting for the Bakırköy 2^nd and 17^th Criminal Court of First Instance to reach a mutual agreement. The indictment demands prison sentence between 6 months and 3 years for the defendants.

The Istanbul 14^th High Criminal Court will continue the case opened against Günlük newspaper publishing director Filiz Koçalı and concessionaire Ziya Çiçekçi on 5 February 2010. Both defendants stand accused for "spreading PKK propaganda". The newspaper was banned for 1 month because of articles and photographs published in the issues of 1 and 2 June 2009. After imposing the publishing ban the Chief Prosecutor's Office launched 2 trials against Kocali and Çiçekçi. The separate indictments prepared on 1 July claim Koçali's and Çiçekçi's prosecution under article 7/2 of the Anti-Terrorism Law(TMY). One of the cases was opened because of the article "Magnificent Final" about the Diyarbakır 9^th Culture and Art Festival published on 1 June 2009. The reason was a picture of imprisoned leader of the militant Kurdistan Workers' Party (PKK) Abdullah Öcalan entitled "This people will realize their dream". The second case filed by İlimoğlu the defendants are accused of propaganda for an illegal organization due to articles published on 2 June entitled "Military Operations must be called to an end" by Hüseyin Ali and "PKK, PeKeKe or PeKaKa?" Another case has been launched against editor Yüksel Genç on the grounds of his interview with Nelson Mandela lawyer Essa Moosa and because of the article "This is one of the results of the elections" written by author Veysi Sarısözen. He stands accused for spreading PKK propaganda by having compared Öcalan to Mandela in the context of the above mentioned interview published on 13 April 2009 under the title "The government did not reply to my report". The journalist is tried together with concessionaire Çiçekçi before the Istanbul 11^th High Criminal Court. The corresponding indictment also comprises Delil Karakoça's article "Obama seen from where I stand" published on 10 April 2009 and an article entitled "YDG-M members commemorated Dağ and Karaoğlan" from the issue dated 13 April 2009. Both defendants are facing prison sentence. Moreover, writer Veysi Sarısözen will be sued for his demand to release Öcalan, voiced in his article "This is one of the results of the elections" published on 10 April 2009.

On 31 July, the Bursa 2nd Children's Court sentenced 17-year-old O.K. to "insulting a civil servant on duty", i.e. Prime Minister Recep Tayyip Erdoğan, for using the slogan "Your are a lightbulb, Tayyip" in reference to the PM's party's emblem of a lightbulb, as well as the slogan "First religious, then liberal, selling education". O.K. had been with other students and teachers protesting against the central university exam (ÖSS) and the government's education policies. Because of his age, the Bursa 4th Criminal Court of Peace separated his case from that of the others on 20 August 2008 and sent it to the children's court. O.K. has now been sentenced to carrying out work for the public good for 3 months and 26 days. He was first sentenced to 7 months and 23 days imprisonment, but because of his age, lack of previous convictions and the fact that he worked with computers and design, he was sentenced to working for a institution serving the public. The court evaluated the slogans recorded by the police as a crime. O.K.'s lawyer Fırat Gündoğan said that they appealed against the sentence the same day. "We hope to get a positive result at the Supreme Court of Appeals. Otherwise, there may be hundreds of court cases against protesters in Bursa on Labour Day or other demonstrations. The trend seems that way, which is worrying."

The Kadıköy (Istanbul) 2^nd Criminal Court of First Instance tries Taraf newspaper journalist Soner Arıkanoğlu under charges of "defamation" (Turkish Criminal Code TCK 267), "attempt to influence a fair trial" (TCK 288) and "violation of secrecy" (TCK 285). Arıkanoğlu is on trial by reason of his news item claiming that CDs and the building plan of the Court of Appeals had been found during the search of the Workers Party (İP) Headquarters carried out on 21 March in the context of the Ergenekon operation. The article also said that a part the indictment for closing the ruling Justice and Development party, namely the paragraph concerned with President Abdullah Gül, was found in the search. Apparently, president of the Judges and Prosecutors Union (YARSAV) had given it to İP. The journalist was arrested on 27 March due to the news articles entitled "Suspicious floor plan of the Court of Appeals at İP" and "They were going to attack the Court of Appeals" published on 24 March. He was released later on. Lately, a second lawsuit has been filed against Arıkanoğlu under the same allegations.

Kurdish Azadiya Welat newspaper publishing director Tayip Temel was sentenced to 1 year imprisonment under allegations of "inciting hatred and hostility" based on a speech Temel had made regarding the anniversary of the murder of Özgür Gündem newspaper journalist Kemal Kılıç. Lawyer Servet Özen objected the decision in the beginning of August. On 21 July the Şanlıurfa 2^nd Criminal Court of First Instance sentenced Temel to one year imprisonment for his commemoration speech made in Kurdish where he said, "Our friend Kemal Kılıç became a martyr while he was doing his duty. The forces that killed him must be interrogated and called to account. Hundreds of people in Kurdistan have been murdered or lost by those dark forces". Temel, who demanded punishment for unsolved murder cases, was convicted in a time when the government organized workshops in several sections of society in the context of the "Kurdish initiative", when imprisoned Abdullah Öcalan, leader of the militant Kurdistan Workers' Party, is considered as a negotiation partner, when advice is received on defending the core understanding of freedom of thought. The charge of "inciting hatred and hostility" was reasoned by Temel's use of the terms "martyr", "Kurdistan" and "call to account".

The Court of Appeals 4^th Law Office overruled the decision regarding a 20,000 TL (€ 9,000) monetary fine in compensation that had been imposed onGaziantep Sabah newspaper publishing director Nurgün Balcıoğlu. Balcıoğlu had received the sentence on the basis of her criticism on retired judgeZekeriya Dilsizoğlu's saying: "In 9000 out of 10,000 murder cases women are involved". The initial decision had been taken on 9 June whereas the journalist was notified not earlier than 30 July. The Court of Appeals was directed by the criticism of the Bakırköy (Istanbul) 8^th Criminal Court of First instance claiming that the case should be rejected on the merits. On 13 May 2008, a local court partially accepted the compensation claim of originally 100,000 TL (€ 45,000) and imposed a fine of 20,000 TL to Balcıoğlu and responsible manager of the daily Fethullah Kapkapçı. The Court of Appeals reasoned, "The right to criticism must be accepted for the writers regarding the complainant's scientifically unproven subjective views and the generalizing announcements that offended women. The defendants are not to be hold responsible for a monetary compensation fine since the fact mentioned in the article were not allegedly contrary. The defendant voiced criticism within legal boundaries". On 15 February 2007, Balcıoğlu had written an article entitled "Is this judge that judge?", in which she had criticised the judge as a misogynist, giving as an example the fact that an advertisement of his brother's death did not include either name of the deceased's two wives.

The Court of Appeals 9^th Criminal Office unanimously approved the acquittal of freelance journalist Rahmi Yıldırım. He was on trial for an article entitled "The job for the qualified person, the sword for the person girding it", published on the Internet site sansursuz.com on 23 January 2005. Tried under Article 159 of the old Turkish Penal Code for "insulting and deriding the military", his initial trial began on 17 March 2005. The Criminal Office had taken the decision in March and notified Yıldırım in the middle of July. In the decision it was said, "According to the collected evidence and the courts opinion lead by its conscience, elements of crime were not constituted. Thus it was decided to reject the Public Prosecutor's objection and to approve the decision. Yıldırım commented that the decision significantly alleviated the ban of criticism as one of Turkey's deepest rooted taboos. The trial was initiated by a criminal complaint filed by İlker Başbuğ, then Deputy Chief of General Staff and now Chief of Staff. On 24 October 2005, the Ankara 12th Criminal Court of First Instance acquitted the journalist for the article, which spoke of "the pashas who are undaunted defenders of Atatürk's principles and reforms, the protectors of the capitalist order, ordinary conscripts, actors and extras."

In the middle of July, the Van 2nd Criminal Court of First Instance handed down a 1 year 6 months prison sentence to DİHA journalists Ercan Öksüz andOktay Candemir on the grounds of "referring to hatred and hostility" in the interview entitled "Witnesses of the Zilan Massacre spoke" from September 2007. By suspending the sentence for 5 years, the defendants cannot file an appeal. Öksüz pointed out that he also is the grandfather of one of the victims of the massacre. "Just like Musa Anter, I am a vicitm, a defendant and a witness in this case", Öksüz said. The journalists had reported about the testimony of 94-year-old Kakil Erdem, who witnessed the massacre that took place in the neighbourhood of Zilan Deresi in Van in 1939. It was said in the article that Erdem was 17 years old at the time and that he was the only witness still alive. Quoting the witness, the article reported about severe torture imposed to the people during the massacre.

The High Criminal Court of Batman in eastern Turkey continues the prosecution of 6 journalists on the basis of publishing related to the death of Mizgin Özbek. The 11-year-old girl was killed when security forces opened gunfire to the car she was in. The court tries owner of Batman Postası ('Batman Post'), Batman Barış ('Peace') and Batman Visyon ('Vision') newspapers Mustafa Kemal Çekik, Visyon newspaper responsible manager Aytekin Dal, Barış newspaper responsible manager Mehmet Sadık Aksoy, Çağdaş ('Contemporary') newspaper responsible manager Mehmet Reşat Yiğiz and Batman Petrol newspaper journalists Mustafa Seven and Nedim Arslan. Applying article 301 of the Turkish Criminal Code (TCK) the defedants stand accused of "humiliating military forces". The file has been sent to the Ministry of Justice. Finally, the Ministry requested the acquisition of the latest version of the file from the prosecutor. The journalists were acquitted of allegations of "attempting to influence a fair trial. On the grounds of the reports they prepared, Batman Bar Association President Sedat Özevin and Association of Human Rights and Solidarity for Oppressed Peoples (MAZLUMDER) Branch President Ahmet Sevim were acquitted on 16 September 2008. The Ministry had not approved their prosecution under article 301 of the TCK.

On 14 July, Dursun Çiçek, Colonel of the Naval Staff, filed a criminal complaint against Taraf newspaper journalist Mehmet Baransu and newspaper executives because of the journalist's claim that Çiçek's signature is on one of the documents of the "Anti-Reactionary Plan". The criminal complaint also concerns Star newspaper journalist Bünyamin Demirkan and newspaper staff on allegations of "forgery of the document, publishing a counterfeit document and violating a decision of confidentiality". The "Anti-Reactionary Plan" lays out strategies to defame the ruling Justice and Development Party (AKP) and the religious Fethullah Gülen movement. Journalist Baransu was the first journalist to report about the plan on 12 June. The Military Prosecutor's Office evaluated the document as follows: "It is not a document but a photocopy. It was not prepared at the General Staff. The ordinary courts should investigate". After this, Chief of General Staff İlker Başbuğ referred to the document as a "scrap of paper". Naval Colonel Çiçek had been taken into custody after his statement at the Istanbul Prosecutor's office and was released 18 hours later. 2 weeks after his release, Çiçek filed a complaint about 2 newspaper executives at the Ankara Prosecutor's Office. Çiçek demanded punishment for journalist Demirkan and newspaper officials on allegations of "violating the secrecy of an investigation", "influencing the judiciary" and "actual criminations in contrary to the law" because of the news article entitled "Code name XX in the junta" and "Colonel Dursun Çiçek was asked about the junta allegations from the e-mail".

The Malatya 3^rd High Criminal Court sentenced Dicle News Agency (DİHA) journalist Rüştü Dermirkaya to imprisonment of 1 year, 10 months and 15 days under charges of "spreading propaganda for the Kurdistan Workers' Party (PKK) organization. Demirkaya was convicted on the base of reporting about clashes to the Kurdish television station Roj TV via the phone. The decision was taken on 18 March, whereas the journalist was notified in the beginning of July. The court expounded that Roj TV is "obviously" a publishing organ of the illegal PKK organization. The court referred to 9 telephone connections between 16 June 2004 and 23 April 2007 in which PKK members were described as "HPG (People's Defence Forces, armed wing of the PKK) guerrilla" and which contained statements that "suggested that there is a war between 2 states". The court stated that "it was understood that organizational propaganda was spread many times", taking into account all conversation records of the journalists who are accused of revealing military officials as targets". The court did not see the need to postpone or convert the sentence.

On 13 July, the Court of Appeals 9^th Criminal Office overruled a local court's decision regarding the case of a drunk person who said "f... you and the state". The defendant had been acquitted by the local, reasoning that "there was no specific intend of insulting and ridiculing". The Criminal Office demanded to punish the defendant under allegations of "publicly humiliating the republic". The Court of Appeals decided unanimously to prosecute the defendant under article 301 of the Turkish Penal Code (TCK) and demanded a prison sentence of up to 3 years. According to the decision made on 30 June 2009, "The decision for acquittal reasoned in writing that 'the certain intend of insulting and ridiculing was not given' had to be overruled. We agree that the crime of publicly insulting the republic has been constituted and object the incident where the Turkish Republic was subject to wordings harassing the state". As reported by the news, the defendant was involved in an argument in a hotel in Şile on the Black Sea coast north-east of Istanbul. When he was about to being beaten, he cursed his opponent as well as the state. The hotel personnel called the police as the argument continued and were reminded of the defendant's criminal record.

Kuzey Publishing owner Erol Karaaslan, who gained from the translated version of Richard Dawkins' book "The God Delusion", was acquitted by the Şişli (Istanbul) 2^nd Criminal Court of First Instance on 7 July. The book deals with the evolutionary theory. On 19 June, the prosecution demanded to reject the complaint of Sonya Eskinazi, who argued that the book insulted Judaism, Allah and the prophets. Karaaslan faced a possible prison sentence, accused of "inciting the public to hatred and hostility or denigration". The prosecutor said that Article 10 of the European Convention on Human Rights also included the freedom of religion and conscience. He added, "In order for science to progress, we accept that every issue has to be approaced critically and with a questioning mind; otherwise, the whole of society is held hostage by dogmas." Publisher Karaaslan had previously been acquitted in a case filed by a person named Emre Bukağılı.

A trial against 22 football fans has been launched at the Bursa 1^st Magistrate Criminal Court. The football fans stand accused for "insulting" Prime MinisterRecep Tayyip Erdoğan because of criticizing him during the football match Bursaspor-Tokaspor concerning the construction place of a new stadium. The football fans are tried under charges of "insulting a public official due to his duty" and face prison sentence of up to 2 years each. They reject the allegations. Yeni Bursa newspaper reported on 3 July that Prime Minister Erdoğan, who is expected to join the case as plaintiff, and officials of the Bursa governor's office did not attend the hearing. Only the municipality lawyer came to court. 14 un-detained defendants appeared at the hearing. The football fans put forward that they were "cursing and cheering" at the match on 18 January 2009. 19-year-old supporter M.A. said in his defence, "I was watching the game in the stadium. I heard the slogans from the stands. But I did not curse anybody. Does anybody curse the party he voted for? I am innocent". Football fan R.K. claimed, "The most important thing for us is the benefit of Bursaspor. On the stands, we expressed our disagreement with the Prime Minister's announcement regarding the location of the new stadium. By no means did I insult anybody". The other defendants will give their statements in the coming hearings.

I turned out that İşçi Mücadelesi ('Worker's Struggle') newspaper and editorial director Şiar Rişvanoğlu were acquitted on 26 May. The newspaper and its employee had been tried under allegations of "praising crime and criminals" by reason of an article entitled "The Kurdish people is on its feet... Listen to what they say", published in November 2008. On 30 April 2009, the Adana 6^th High Criminal Court opened a case against lawyer Rişvanoğlu, who had campaigned for Adana Municipality Mayor in the elections on 29 March. He stood accused for praising criminals on the base of writing: "children who protest on the streets upon the directions of PKK" and "shouting unlawful slogans in favour of a terror organization, harming public officials and public and personal proprety". In the first hearing, the prosecutor had demanded punishment based on "spreading propaganda for an illegal organization", which would have involved a higher penalty.

The Supreme Court of Appeals has overruled the acquittal of British satirical collage artist Michael Dickinson, who had been arrested and later acquitted by the Kadıköy 2nd Criminal Court of Peace after portraying PM Erdoğan as former US President George W. Bush's dog. Dickinson has been living in Turkey for 23 years and also worked as a university lecturer for some time. Following the overturning of his acquittal, he left Turkey. On 25 May, the 4th Criminal Chamber of the Supreme Court ruled unanimously that someone living in Turkey for 20 years and having worked in educational institutions could not be ignorant of "Turkish traditions and customs" and would have known the effect his action would have on the public. The Kadıköy court had tried Dickinson under Article 125. After the recent overruling, Dickinson told the British Daily Mail, "I was shocked and could not believe it. I collected my stuff and got on the first plane to Britain. I have no desire to experience Turkish hospitality in prison again."

On 26 June, it emerged that the court case against Abdulbasit Bildirici, Van branch president of the Association for Human Rights and Solidarity with the Oppressed (MAZLUMDER), brought because of what he said in an interview with the local Prestij Haber newspaper, has been dropped. The interview had been published on 2 December 2008, and the court case began in March. The prosecution said that too much time had passed, as the Press Law states that no more than two months may pass from the publication of a text in a daily newspaper to its prosecution. In November and December, the newspaper had prepared a series of articles entitled "A civilian look at the issue". In his interview, Bildirici had said that the Kurdish question had changed from 2004 to 2005, as more people outside of the PKK had become involved; he said that he had realised that "there would be so many people going to the mountains" if the state did not find a solution.

On 25 June, Writer Nedim Gürsel, author of the book "Allah's Daughters", was acquitted of "denigrating religious values" and "inciting the public to hatred and hostility" by the Şişli 2nd Criminal Court of First Instance. Following the complaint of an Ali Emre Bukağılı, the writer had been taken to court, and faced a second trial after a second complaint on 19 November 2008 when the second edition of the novel came out. The two court cases were merged at the hearing on 26 May, and the acquittal followed. The court said that "the novel as a whole does not have any criminal intent and does not represent a crime." Head judge Hakkı Yalçınkaya argued that the excerpts cited in the complaint were misleading. Thus the expression, "Allah's daughters, lying stretched out, completely naked" was to be found neither on page 120 of the book nor anywhere else. The expression "Allah's beloved subjects" on page 120 was wrongly cited as "Allah's lovers" in the complaint. The court further declared that a statement from the Istanbul police showed that the publication of the book had not resulted in any events disturbing the public peace, that the book was generally a novel, trying to represent events experienced by a person living during the time of the Prophet Muhammet and extending to events during the First World War. The court thus decreed that Article 216 of the Turkish Penal Code, which deals with denigration of people based on social class, ethnicity, religious affiliation or region of origin, as well as the denigratiof of religious values held by a section of society, was not applicable. The writer's lawyer, Şeyhnaz Yüzer argued in court that there were no criminal elements in the book according to Article 216 and criticised the fact that a theology professor, İlyas Çelebi, had been asked for an opinion. If the complaining party does not appeal against the decree within seven days, the acquittal will be confirmed.

On 17 June, the Bursa 1st Criminal Court of Peace acquitted Murat Şenol, Hüseyin Sevgi, Mehmet Emre Battal, Taylan Uztürk, İbrahim Koyuncular, Pınar Koyuncular, Ahmet Keskin and Onural Keskin, members of the People's Houses and the KESK trade union confederation. They had protested against university fees and shouted the slogan "Lightbulb Tayyip", referring to the PM and his party logo. The undetained defendants were acquitted after the court decreed that no crime had been committed. Six people, among them two of the defendants acquitted in this case, had previously been sentenced to 11 months and 20 days imprisonment each for shouting the same slogan. The court later suspended the sentences. On 1 April 2008, they had protestse against the reform of the social security system. They were taken into custody and later released. In March 2008, Betül Öztürk, Hasan Özydın, Berna Özaslan and O.K. were taken to the Bursa 4th Criminal Court of Peace for "insulting" the PM after shouting the slogan "Lightbulb Tayyip" at a protest against university fees. On 4 Marcy, the court sentenced Mehmet Emre Battal, Ahmet Keskin, Betül Öztürk, Hasan Özaydın and Berna Özaslan to 11 months 20 days imprisonment, later suspended, while O.K.'s case was taken to a Children's Court.

Ömer Tütüncü, prosecutor in Digor, Kars, dropped an investigation against DTP Dağpınar mayor Ayhan Erkmen, Kars province party chair Veli Müyken and DTP head office politician Cemal Coşğun for speaking Kurdish during the election campaign. The Digor police had filed a criminal complaint against the politicians. Politician Orhan Miroğlu, who has himself been convicted under the Law of Political Parties for addressing voters in Kurdish and who is appealing to the ECHR, welcomed the decision which became public on 12 June but was made on 25 May. Tütüncü said in his argument that although laws banned the use of languages and alphabets other than Turkish, the state TRT 6 channel had officially been broadcasting in Kurdish since 1 January 2009, meaning that highest-level state representatives were using Kurdish to address citizens.

It emerged on 15 June that DTP politicians Ahmet Türk and Selahattin Demirtaş face a court case for speaking Kurdish at a parliamentary group meeting on "Mother Tongue Day". The Sincan 2nd High Criminal Court in Ankara overruled the dropping of the case by the Ankara Chief Public Prosecution and demanded an investigation of the two politicians. The prosecution had found in its investigation that the constitution and the parliamentary internal rules do not consider the speaking of a language other than Turkish a crime and thus decided not to prosecute. However, MHP parliamentary group deputy chairOktay Vural objected to the decision and said they were also looking at the dropping of another case against three DTP members in Digor, province of Kars. The Ankara court said that the prosecution had decided to drop the case without making use of transcripts or knowing what the speech was about. It thus ordered a new investigation.

On 4 June, the Gaziantep 2nd Criminal Court of First Instance acquitted journalist Yasin Yetişgen in a case related to the use of Kurdish letters q, w and x in his articles. Yetişgen, who is editor at the Çoban Ateşi (Shepherd's Fire) newspaper in Gaziantep, was on trial under Article 222 of the Turkish Penal Code, which itself is based on two old laws regarding the wearing of a hat and the use of the Turkish alphabet. Prosecutor Mahmut Yalçın pointed out that the original law had been passed in the 1920s to prevent the use of the Arabic alphabet after the alphabet reform. The newspaper had published biographies and poems by Kurdish poet Abdula Pêşew and Ahmed Arif in their 40th and 41st issues, on 17 January and 31 January 2008 respectively. The Gaziantep Chief Public Prosecution had demanded the confiscation of the issues, and the two cases had been merged. The acquittal took place at the third hearing.

It emerged on 29 May that the Diyarbakır Chief Public Prosecution has prepared a report in order to effect the lifting of DTP leader Ahmet Türk'sparliamentarian immunity following a speech he made in the Bağlar district on this year's Newroz festival. The prosecution claims that Türk spread terrorist propaganda and has sent the report to the Ministry of Justice. Speaking on 21 March 2009, Türk had likened imprisoned PKK leader Abdullah Öcalan to Nelson Mandela.

On 28 May, the Malatya 3rd High Criminal court convicted writer Temel Demirer of "praising an illegal organisation". He was sentenced to five months imprisonment and the sentence was not suspended. In a speech at the Tunceli 7th Munzur Culture and Nature Festival, he had referred to Ökkeş Karaoğlu, who is said to have been a member of the Maoist Communist Party (MKP). Demirer is said to have said, "The last time I sat in this hall, on 30 April 2005, it was in the same place. Next to me was Sinan. Behind me was Ökkeş. You know Ökkeş, he was one of the 17 who were shot in Mercan (a valley in Tunceli, in June 2005). It is impossible not to have goosebumps. First of all I owe it to him to say that I bow before his memory with respect, even though the Turkish Penal Code counts this as a crime." Şiar Rişvanoğlu, lawyer for the writer, said that they have objected to the police transcript of the speech, which says in 74 places that utterances could not be understood and that is, so the lawyer, full of mistakes.

On 27 May, the Ankara 11th High Criminal Court decided to wait for a reply to a summons sent to the Turkish Parliament before taking a statement fromDTP MP Aysel Tuğluk. She is on trial in Istanbul for news in the press during the time when she was one of PKK leader Abdullah Öcalan's lawyers. At a hearing on 30 September, the court was going to reevaluate the situation. Following the overruling of a previous sentence, the Istanbul 9th High Criminal Court had asked for the order for a statement to be followed. On 27 May, the Istanbul court decided to wait until 6 August. Lawyer Özcan Kılıç said that Tuğluk and other lawyers for Öcalan faced dozens of trials in Istanbul, and that some of them had been merged. As an example he gave a court case at the Istanbul 9th High Criminal Court, merged with cases from the 11th and 14th court, and where DTP MP Ayla Ata Akat and Kanal D producer Mehmet Ali Birand were also defendants. Tuğluk had received a prison sentence of 1 year 6 months and a ban on working as a lawyer, but the Supreme Court of Appeals overturned the sentence.

On 26 May, the Ankara 11th High Criminal Court decided to wait until 29 September for the answer of parliament to the order to procure statements fromDTP co-chairs Ahmet Türk and Emine Ayna, and Diyarbakır MP Selahattin Demirtaş. The Diyarbakır 5th High Criminal Court had handed Demirtaş a 1 year 3 month suspended sentence for statements he made on Roj TV on 5 July 2005. In addition, the Ankara court wants the statements of Türk and Ayna on demand of the Istanbul 9th High Criminal Court and the Adana 8th High Criminal Court respectively. Demirtaş had referred to Abdullah Öcalan on Roj TV, calling for "a review of solitary confinement, a sensitive approach to demands of its abolition by the government and the army, and an end to military and PKK funerals". Both Demirtaş and the prosecution had appealed against the sentence. On 4 February 2008, the 9th Criminal Chamber of the Supreme Court overturned the decree, saying that rather than using Article 220/8 of the Turkish Penal Code, the court should have applied Article 7/2 of the Anti-Terrorism Law ("spreading terrorist propaganda"). The Supreme Court further decreed that Demirtaş would not be protected by his parliamentary immunity. Now the Diyarbakır court has asked the Ankara court to obtain an additional statement of defense from Demirtaş.

On 17 May, it emerged that Emrullah Uslu, chief superintendent officer, and Assist. Prof. Dr. Önder Aytaç, who had written an article in the Tarafnewspaper, have been taken to court by the Police General Directorate. The police accuses them of having denigrated the army, the police force, the judiciary and state officials in their shared column "Apoletika" and has demanded a trial under Article 301/2 and Article 125 (for insults). Aytaç said that they had examined government decisions on institutions such as the secret service (MİT), the police and the village guard system and said, "At a time that there are projects running to aline the country with the EU, such analyses as ours should be welcomed." He added that he was the main contributor to the column and that Uslu helped him on certain issues. Should Minister of Justice Sadullah Ergin permit a trial under Article 301, they will be prosecuted. They may face up to two years imprisonment.

On 14 May, the Istanbul 8th Criminal Court of First Instance acquitted DTP members Mehdi Tanrıkulu and Hasan Özgüneş. The two politicians had protested against the ban of the expression "honourable" in connection with imprisoned PKK leader Abdullah Öcalan and had been on trial for "praising a criminal". Hanifi Erdoğan, one of two police officers called as witnesses said, "Because we knew the content of hte press statement, we separated Tanrıkulu, but he continued with the statement. When he mentioned Öcalan, we took him into custody. The other officer, Yaşar İnal, said, "We had warned them not to make a press statement. When they said something to the effect of 'If it is a crime to say 'honourable Öcalan', then we denounce ourselves', we took them into custody." Undetained defendant Tanrıkulu said, "As is the right of every citizen, we had gathered for a press statement. There were journalists there. We did not shout any illegal slogans. During the statement the police interfered in an unfair manner. Some of our friends were beaten and constrained. We have been put on trial for something that is not a crime. I demand my acquittal." Public prosecutor Muzaffer Pişirici also asked for an acquittal and head judge Fatih Kapan agreed that there had been no elements of crime and acquitted the two DTP members.

On 14 May, Özkan Tacar, president of the Tunceli Associations Federation, Mehmet Gülmez, general secretary of the European Dersim Association Federation and Tunceli deputy mayor İbrahim Kasun were acquitted at the Tunceli Criminal Court of Peace. The three authorities had been held responsible for a placard hung up at the Kışla Square in Tunceli during last year's Munzur Culture and Nature Festival and had been tried under Article 215, for "praising a crime and a criminal". The placard had shown a picture of Seyit Rıza and the words, "I could not cope with your lies and cheating, that was my trouble. I did not bow before you, let that be your trouble. Seyit Rıza". Seyit Rıza was a leader of the Dersim uprising and was executed in 1938.

Özgür Boğatekin, representative of the local Gerger Fırat newspaper in Adıyaman, southeastern Turkey, has been sentenced to 1 year, 2 months and 17 days imprisonment for an article in which he argued that his father, journalist Hacı Boğatekin, was being held in prison unlawfully.Özgür Boğatekin has now been convicted of insulting prosecutor Sadullah Ovacıklı. On 13 May, the Gerger Criminal Court of First Instance handed down the sentence, without any reducing or suspending the sentence, or turning it into a fine.  Referring to a court hearing to which his father had been brought in handcuffs and where the continuation of his detention was decided, Özgür Boğatekin had written an article entitled "Continuation of Detention". The article, which appeared on 30 June 2008, described prosecutor Sadullah Ovacıklı and policemen "grinning surreptitiously" after the father's continuing detention had been decided on. An expression Özgür Boğatekin used to describe the way the prosecutor was walking, "pegur", is a regional term. As an "expert" witness, the court used a court clerk, Mustafa Erdil, who said: "'Pegur' can mean walking like a wolf, walking with wolves, wolves' tracks, but can also mean other things. What I understand from 'pegur walk' can be interpreted as a way of insulting someone. It can then mean walking behind a wolf, walking like a wolf, stepping into the tracks of a wolf. It depends on how the word was used. The meaning of this word may change from region to region." Özgür Boğatekin pointed out that judge Ayşegül Şimşek, who tried him, had been withdrawn from his father's court case because of lack of objectivity, and that the files had been sent to the Kahta Criminal Court of First Instance. Like his father, he filed a rejection claim of the judge, saying, "there has been animosity between the judge and my father, and thus also between her and me and my family. That is why I demand a different judge." However, the son's demand has been rejected. The court also rejected the application of father Haci Boğatekin, owner and editor of the local newspaper, to take part in the case. Özgür Boğatekin stated that he has filed a symbolic compensation suit of one lira against the judges of his father's court at the Kahta Civil Court of Peace, that he has demanded a change in prosecutor and judge, and that he has demanded a preliminary investigation into these individuals by the Supreme Board of Judges and Prosecutors. He has further said that he will file an appeal against  the court decision, saying, "I have full faith in higher justice." The journalist father, Haci Boğatekin, was put on trial for "insulting", "slander" and "attempting to influence the judiciary process" after he said that he had been threatened by prosecutor Sadullah Ovacıklı who took his statement about an article entitled "Feto and Apo", an article which contained references to Fethullah Gülen, a religious leader.  Boğatekin has described the prosecutor as a "Fethullah Gülen fan." Haci Boğatekin was kept detained for a total of 109 days, and his demands for a release were refused at three hearings before he was later released from Kahta prison. The Adıyaman 2nd Heavy Penal Court finally accepted his demand for a different judge, and his case has been transferred to the Kahta court.

At the beginning of May, the Kars 1st Criminal Court of First Instance sentenced former MP Mahmut Alınak to one year imprisonment for saying "The government and the General Staff do not fulfil their duty of keeping our children alive." The DTP Kars province chair had said in a press briefing shared with the Kafkas University Students' Association no 12 December 2006: "The denial of the existence of Kurds continues with violence, the state's policy of solving the Kurdish question with arms has created great disaster...the government and the General Staff do not fulfil their duty, which is to keep our children alive. They are doing politics over the blood of the young, and those who die are the children of the Turkish and Kurdish people...We call on all intellectuals, on all mothers and fathers, and on all those who consider themselves human, to raise their voice and stop the blood from flowing." Alınak has been convicted of "inciting hatred and hostility". The words were published in the 13 December 2006 issue of the Çağdaş Kars Haber newspaper. Alınak has announced that he was protesting against the sentence, saying that all of his calls to civil disobedience had been penalised with prison sentences so far. "I am starting a social, political and economic strike against the government."

Judge Arif Atılgan, who was trying three members of the Tursun family for "attempting to influence a trial" and "threatening a public official" after they protested against the police officer who shot their son Baran Tursun being released at the first hearing, has withdrawn from the case. On 7 May, the judge at the Karşıyaka 3rd Criminal Court of First Instance said that because he had been one of the judges at the first hearing of police officer Oral Emre Atar at the Karşıyaka 1st High Criminal Court, he would not be able to take the case. The case will now be sent to the Karşıyaka High Criminal Court. If his request for withdrawal is rejected, the case will continue with Atılgan; otherwise, another judge will be appointed. Former Minister of Justice Mehmet Ali Şahinpreviously refused permission for the Tursun family and rights activists to be tried under Article 301.

On 5 May, the Diyarbakır 5th High Criminal Court sentenced DTP mayor Abdullah Demirbaş from the Sur district of Diyarbakır to 2 years and six months imprisonment for having referred to imprisoned PKK leader Abdullah Öcalan as "honourable Öcalan" on Roj TV. In addition, the mayor, who has been tried under Article 7/2 of the Anti-Terrorism Law ("spreading terrorist propaganda"), has been stripped of his public rights. The sentence, as well as the operations against the DTP and convictions for Diyarbakır Metropolitan mayor Osman Baydemir and Batman mayor Nejdet Atalay, were criticised byMAZLUMDER. Demirbaş had said, "I also say 'honourable Öcalan', I denounce myself. Attacks against the Kurdish people, culture, language and identity are increasing, and the ideas and thoughts of the honourable Öcalan are very important for the Kurdish people. His health is not good. [...]Today around 30,000 people sent petitions by post. I believe that when people show the hypocrisy of Turkey and Turkey's laws with actions, this is the right of civil initiative. [...]"

On 21 April, the Diyarbakır 4th High Criminal Court sentenced Diyarbakır Metropolitan mayor Osman Baydemir and DTP province chair Nejdet Atalayto imprisonment for having described PKK members as "guerillas". They were handed 10 months imprisonment each for "spreading terrorist propaganda". The Human Rights Association (İHD) demanded that constitutional change should include a full guarantee of the freedom of expression. Lawyer Muharrem Erbey said that the word "guerilla" did not imply propaganda and that its use did not constitute a crime. Lawyer Meral Danış Beştaş said that the word had been taken out of its context. The relevant utterance had been "No more police officers, soldiers, guerillas or civilians should die in this country. My heart is aching. No one should die anymore."

On 21 April, the Gebze 3rd Criminal Court of First Instance acquitted lawyer Eren Keskin, who had used the term "Kurdistan" when introducing her book on sexual violence carried out by the state. She had been on trial for "inciting hatred and hostility" under Article 216. In August 2007, Keskin had said at the Gebze Bilge Culture Centre, "I do not know any judge who is brave enough to punish any soldier or police officer for rape." The prosecution had demanded 3 years imprisonment. Keskin had said that she had only expressed her thougths and that she had used the term "Kurdistan" for the geographical area with a majority population of Kurds.

"A man born in Turkey cannot have a duty to his fatherland just because he was born in Turkey. This is not only true for Turkey either. People are born naked, without sin, without debt, and most importantly, without guns. No institution has the right to take over the life of a free person for a definite or indefinite time." Mustafa Karayay said these words in a speech in Yüksel Street near Kızılay Square in Ankara on 10 October 2008, when he announced that he was a conscientious objector. He had criticised military service, saying,  "Many young people were taken in the prime of their life and killed in the name of military service. How can anyone pay the rights these people had?"  Karayay faced three years imprisonment for alienating the public from military service.  At the first hearing on 1 April at the Ankara 1st Criminal Court of Peace, Karayay told the court that he had expressed his own opinion during the press release and that they should be evaluated within the framework of the freedom of expression.  The court hearing was monitored by members of the Conscientious Objection Committee of Ankara's Human Rights Association (İHD).  The court acquitted Karayay at the first hearing. The legal article in question, Article 318 of the Turkish Penal Code, came into effect on 1 June 2005: (1) Persons who give incentives or make suggestions or spread propaganda which will have the effect of discouraging people from performing military service shall be sentenced to imprisonment for a term of six months to two years. (2) If the act is committed through the medium of the press and media, the penalty shall be increased by half. Journalists Perihan Mağden,Gökhan Gençay, İbrahim Çeşmecioğlu, Birgül Özbarış, Yıldırım Türker and Yasin Yetişgen, artist Bülent Ersoy and writer Cezmi Ersöz were also tried for their opinions regarding conscientious objection.

On 1 April, the Ankara 11th High Criminal Court sentenced former DTP deputy chair Orhan Miroğlu to two months and six months imprisonment for "spreading PKK propaganda" during a speech at a Newroz rally in 2007. He was found guilty under Article 7/2 of the Anti-Terrorism Law; the sentence was reduced by five months under Articel 62 of the Turkish Penal Code. The court case was made up of several cases that had been merged, one of them being his utterance on 25 March 2008, when he said, "People cannot toy with the health of the honourable Öcalan. These claims, which could send Turkey into conflict, need to be investigated." Should the sentence be ratified by the Supreme Court of Appeals, Miroğlu will have to go to prison. His lawyer Can Kayhan has lodged an appeal against the sentence. At the rally, Miroğlu had said, "The PKK is a reality of this country. It will not be solved with cross-border operations. Turkey must face the reality." He had further referred to claims that Öcalan was being poisoned in prison and had called for the Turkish Medical Association and rights organisations to investigate the claims in order to "prevent clashes". Furthermore, he had referred to Mazlum Doğan, one of the founders of the PKK, who had killed himself in Diyarbakır prison in 1982 in order to protest against prison conditions, as his "prison friend".

On 1 April, the Ankara 28th Criminal Court of First Instance dropped an Article 301 case against academics Prof. Dr. İbrahim Kaboğlu and Prof. Dr.Baskın Oran after the Minister of Justice had not given permission for prosecution. The two academics had suggested the term "Türkiyelilik", i.e. "citizenship of Turkey" as a replacement for the term "Türk" (Turkish"), which has ethnic associations, when they were part of a Prime Ministerial Human Rights Advisory Board. On 10 May 2007, the court had already decided to drop the case and acquit them under Article 216 (inciting hatred and hostility), but the Supreme Court of Appeals had overturned the acquittal on 28 April. On 17 December 2008, the Ankara court had then sent the file to the Ministry of Justice.

In June it emerged that the Ministry of Justice has not permitted the prosecution of journalist Abdurrahman Dilipak from the Anadolu'da Vakit newspaper for an article entitled "Cloak and Turban", published on 13 February 2008. The case against him under Article 301 has thus been dropped. The indictment of 11 April 2008 had cited part of the article: "They might place a white turban wrapped over a green fez instead of their officer's hat somewhere visible in their houses... Let us remember how the Red Army disappeared over night...The society in Turkey is scared and controlled through briefings, unsolved murders and files on people... There have been covert actions to stir the country, in the east through JİTEM and in the west through non-governmental organizations..." The leader of the patriots is accused of his expression "We had four thousand soldiers walk in their civilian clothes and nobody realized it."

Weekly Atılım newspaper section editor Sibel Bulut is on trial for "praising a crime and criminals" after writing an article in memory of student revolutionaries Deniz Gezmiş, Mahir Çayan and İbrahim Kaypakkaya. The trial against the article entitled "İbo Mahir Deniz, we follow in your footsteps until we triumph" started on 3 November 2008. The Fatih 2^nd Criminal Court of First Instance claimed that the article represented a "terrorist crime" and sent the file to the High Criminal Court, from where there have been no developments for months.

Lawyers for Muzaffer Erdoğdu, representative of Pencere Publications, translator Ahmet Güner and historian Taner Akçam (who has written an article in the book in question) have appealed against the compensation fine that the three have been sentenced to for the book "Treatment of Armenians in the Ottoman Empire, 1915-1916". Şükrü Elekdağ, MP for the CHP and former ambassador demanded compensation, and the Ankara 6^th Civil Court of First Instance sentenced the three to pay 7,500 TL on 17 September. The book contains references to the studies of James Brice and Arnold Toynbee, who were commissioned by the British government to investigate "the recent events in Armenia". The resulting report,  "The Treatment of Armenians in the Ottoman Empire" was published in the blue book series of the British Parliament.

Milliyet newspaper reporter Gökçer Tahincioğlu and Vatan newspaper reporter Kemal Göktaş were acquitted on 31 March after having reported on the "general monitoring permission" given to the police, the secret service (MİT) and the gendarmerie by the Ankara 11th High Criminal Court. They had been on trial at the Istanbul 9th High Criminal Court since 16 October 2008, accused of "obtaining banned information" and "turning public employees engaged in anti-terrorism activities into targets". They faced up to three years imprisonment. The two reporters received the Press Freedom Prize of the Turkey Journalists' Society (TGC) on 24 July 2008 and the Metin Göktepe Journalism Prize on 10 April. Göktaş expressed his pleasure at the acquittal but added that even the fact that an investigation was allowed was a "serious threat to press freedom". The news item had appeared in the Vatan newspaper on 1 June 2008, entitled "A Document to Shake Turkey". It said that the police had taken legal steps to obtain phone communication details of all companies served by Telekom between 25 January and 25 April 2007. The Ankara court had permitted the request. Tahincioğlu had also reported on the case in an article entitled "Objection to monitoring" in the Milliyet newspaper on 2 June 2008.

Bedri Adanır, editor of the Ülkeye Barış (Peace to the Country) newspaper, has been sentenced to three years and two months imprisonment for "PKK propaganda" for photos and articles published in the newspaper. The sentence was handed down by the Diyarbakır High Criminal Court on 19 March. The editor was held responsible for published items in the weekly newspaper's 12 October 2008 and 18-24 October 2008 issues. Adanır demanded to be acquitted, saying that the items had been published as news and not propaganda. The sentence has been appealed against. The relevant articles were entitled "With permission, opportunity for solution may be missed", featuring pictures of Mustafa Karasu and other leading armed members of the PKK, "Başbuğ also wants to try his luck" with a picture and statement by Duran Kalkan underneath, "Women creating news networks", with statements of the PKK's women's branch PAJK'S 7th concgress, pictures of female PK members, "End of hunger strike after 47 days", announcing a hunger strike of PKK members in Iran, and "KCK: Bezele was legitimate defense", featuring statements by the PKK and describing Abdullah Öcalan as "Leader Apo". In addition, the indictment of 24 November 2008 also listed the articles "They attacked Öcalan in Imralı, they are playing with fire, they poisoned Öclaan, the votes given to the AKP are going to war" and "Democratic means are the only solution" with a statement and photograph of Murat Karayılan, "While the state is increasing violence in the Kurdish question, Öcalan has suggested another solution. Let us solve the problem this winter", "Address and contact for solution clear", "PKK's steps for solution", "Here is the urgent solution action plan" and "Solution suggestions from Öcalan", all published in the 18 October 2008 issue.

Former Radikal journalist Perihan Mağden criticised the video clip "Don't make a plan" in two articles. She has now been convicted of insulting songwriterArif Şirin (also known as Ozan Arif) and singer İsmail Türüt in the media, and has been sentenced to paying legal fines of 3,480 TL (around 1,550 Euros). In September 2007, an investigation was started into the song "Don't make a plan", composed by Sirin and sung by Türüt. It is said to include references to and praise of the suspected murderers of journalist Hrant Dink, then editor-in-chief of the weekly Agos newspaper. In addition, the song was put on the Internet website YouTube with a video clip about the murder. The Beykoz 2nd Criminal Court decreed that Mağden was guilty of insult when she criticised Türüt for praising the suspects in the murder of  Hrant Dink and when she accused Arif of "fascism". The two cases ended with a sentence of 174 days imprisonment, converted to a 3,480 TL fine, on 12 March. The articles, both published in the Radikal newspaper were: "Don't make a plan/Let a jackal eat his mother" (18 September 2007) and "Terribly Personal Article" (16 October 2007). Speaking to the Agos newspaper, Mağden accused the lawyers of the plaintiffs to have taken the case to the Beykoz court with the help of faked addresses of their clients. She added that the refusal of the court to merge the two cases meant that she had been prevented from appealing to the Supreme Court of Appeals. Mağden said she was going to apply to the ECHR.

Caricaturist İbrahim Özdabak was on trial for having satirised Chief Public Prosecutor of the Supreme Court of Appeals Abdurrahman Yalçınkaya, who opened the closure case against the AKP, as a "cloaked owl". Özdabak was acquitted on 24 March at the Bakırköy 2nd Criminal Court of First Instance. The caricature was published in the Yeni Asya newspaper on 19 March 2008, and portrayed Yalçınkaya as stating "Huguk! Huguk! Huguk! Huguk!", a play on the word "Hukuk" (law) and the sound of an owl. The caricaturist was prosecuted under ARticle 125 of the Turkish Penal Code, accused of "insulting via the media".

The Malatya 2nd Criminal Court of First Instance has sentenced Bülent Kutlutürk, owner of the Malatya Yenigün newspaper, and editor Fadime Akıncıto a suspended sentence of 1 year 3 months imprisonment each for "violating the secrecy of an investigation". They were convicted under Articles 285/1-3 and 53 of the Turkish Penal Code. The court decision was made public on 19 March. The two journalists published the statement a witness made to the police in a case of scrap metal corruption on 28 September 2007. Kutlutürk, the branch president of the Contemporary Journalists' Association (ÇGD) and Akıncı, a manager of the association, will be monitored for five years. The journalists appealed to the Malatya 1st High Criminal Court, but their appeal was rejected. The journalists argued that according to Article 11 of the Press Law, a newspaper's owner cannot be handed a prison sentence. Kutlutürk announced that they would appeal to the ECHR.

Mehmet Arslan, broadcasting editor of Radio Dünya, was acquitted on 17 March. He had been tried at the Adana 2nd Criminal Court of First Instance for "inciting hatred and hostility" by playing the Kurdish song "Keçe Kurdan" (Kurdish girl) in November 2007. Arslan pointed out that the song was sung by singer Aynur Doğan, whose cassettes were sold with the official stamp of the Ministry of Culture on them.

University students Ali Haydar Güneş, Esma Yavuz, Sabit Çiçek, Şahin Kösedağı, Nadide Toker, Ali Bozkına, Can Aydemir Sezer, Atilla Aka, Esra Sönmez and Nihal Samsum, who were facing two years imprisonment in a trial brought for saying "murderer state" and "war veterans of 19 December", were acquitted by the Eskişehir 2nd Criminal Court of Peace on 17 March. The Ministry of Justice had permitted their trial under Article 301, after they had protested against state operations in prisons on 19 December 2000, where many inmates died. The students had experienced lynching attempts and had been taken into police custody after the protests. They stood accused of "denigrating the state" and "praising a crime and criminals". The Ministry of Justice had also permitted the trial of writer Temel Demirer previously for calling the state a "murderer". Lawyers for the studnets said that going on hunger strike and calling the operations against prisoners a massacre were not crimes, and that supporting a hunger strike could not be called "praising a crime".

On 10 February, the ECHR sentenced Turkey to paying 5,000 Euros compensation and 2,000 Euros legal costs to İbrahim Güçlü, former vice chair of the Rights and Freedoms Party (HAKPAR). Güçlü had been convicted of "spreading separatist propaganda" in a speech during a press briefing entitled "Democracy and the Kurdish question". He won his legal battle while being imprisoned in Ankara. The ECHR argued that the punishment of Güçlü, who was trying to open a debate on policies in the Southeast of Turkey and political and historical questions, violated the right of the public to being informed.

On 3 March, the Şanlıurfa 3^rd Criminal Court of First Instance handed down a one year prison sentence to İbrahim Güçlü, Arif Sevinç and Nadir Yektaşeach on the grounds of a organizing a meeting of the "Kurdish National Democratic Study Group" in Urfa.  Eyüp Karakeçi and Mehmet Kemal Uğurlureceived prison sentences of 10 months each, Fuat Önen will be behind bars for 11 months by reason of "inciting the public to hatred and hostility". The un-detained defendants and their lawyers objected to the presence of the Anti-Riot Forces in the court room and refused to state their defence unless the anti-riot unit would be removed from the court room. The court rejected the objection by saying that it was a public hearing open to everybody. Önen and Sıtkı Zilanhad previously faced prosecution under article 301 but the case was dropped because the Ministry of Justice did not issue permission. The sentences of Önen, Sevinç, Güçlü and Yektaş were not reduced because of their "negative attitude during the hearing". The court imposed monetary fines on the latter defendants of between 15,000 and 18,000 TL.

Prime Minister Recep Tayyip Erdoğan continues to file for compensation from journalists, many of whom he attacked during the local election campaign prior to 29 March and defined as "partisan media", accusing them of attacking personal rights. He has recently filed for 10,000 TL compensation from Emin Çölaşan for comments during the "Ankara Rüzgarı" programme broadcast on ART TV on 8 February and from Cüneyt Arcayürek for an article entitled "Those getting on an unknown horse get off again quickly",  published in the Cumhuriyet newspaper on 6 February 2009. The AKP is demanding 10,000 TL from the Yeniçağ newspaper and 35,000 TL from the Ortadoğu newspaper. Erdoğan has gone to court for a total of 25,000 TL.

Minister of Justice Mehmet Ali Şahin did not grant permission for academics Prof. Dr.  İbahim Kaboğlu and Prof. Dr. Baskın Oran to be tried under Article 301 for suggesting the term "citizen of Turkey" (Türkiyeli) rather than "Turk" (Türk) in their Minority Rights and Cultural Rights Report. The two were the president and sub-committee president of the Human Rights Advisory Board. Oya Aydın, lawyer for the two academics, said that the Ministry had evaluated phrases in the report as acceptable criticism and within the limits of the freedom of expression. The Ministry also referred to Article 26 of the Turkish Constitution and Article 10 of the European Convention on Human Rights. Oran and Kaboğlu had been on trial for four years (without detention). It is expected that the court will now make a decision on 1 April. Kaboğlu and Oran said that Article 301 created crises in Turkey and limited personal freedom.

Politician Mahmut Alınak has been sentenced to planting trees and looking after them for four months after being convicted of insulting PM Erdoğan. Alınak had said, "If he had an ounce of shame, he would not have come to Kars. We don't want Erdoğan, the enemy of freedom who has turned the lives of Turkish and Kurdish and all people into hell, in Kars. We protest against the air and soil of Kars being polluted by this blood politician." Alınak had first been sentenced to 11 months 20 days imprisonment by the Kars 2nd Criminal Court of First Instance. According to Article 231 of the Criminal Procedure Code, he was released with the provision that he does not reoffend within the next five years, and was ordered to plant 500 trees in a designated area and look after them. The court decreed that the statement which Alınak had sent to the local media in Kars was insulting. Alınak will object to the decree at the Kars High Criminal Court within seven days. In his defence, he said, "According to the rules of a social state, the Prime Minister and their government are responsible even if a citizen hits their foot on a stone. The Prime Minister heads the government. Kars has gained the government two MPs, but the AKP has not done anything in Kars. It is our most natural right to criticise a Prime Minister who does not provide services. I had not intention of insulting, that is not in my nature, but rather of harsh criticism. The court case violates the freedom of expression and ECHR decisions." Last year, Alınak went to prison twice after refusing to pay administrative fines for calls to civil disobedience.

On 27 March, the Bursa 4th Criminal Court of Peace has sentenced Dumlupınar University student Berna Özaslan, Eğitim-Sen Bursa Branch OfficialHasan Özaydın, Betül Öztürk and Community Centres Head Office member Mehmet Emre Battal for shouting slogans about the Prime Minister, Recep Tayyip Erdoğan. The defendants were handed deferred prison sentences of 11 months and 20 days under charges of insult. Another defendant, O.B., is being tried at a children's court, while there are nine others still being tried by the Criminal Court of Peace. Nine more are still on trial for a protest staged against the central university entrance exam (ÖSS) on 29 March 2008. According to the report of the Bursa police, a 40-strong group called the "Hope of the Highschool Youth" gathered last year and walked to a theater in Bursa. Two snare drums were played, placards were carried and "lightbulb" slogans shouted. The "lightbulb" refers to the symbol of the ruling Justice and Development Party (AKP). The group gathered in front of the theatre and frequently shouted slogans, such as "He is a pro-American, he is a collaborator, he is an IMF lackey, he is the enemy of the students, one, two, three, you are a lightbulb, Tayyip." and "Imam of the AKP, enemy of the students" and "jump, jump, AKP member who cannot jump". A megaphone was held by a highschool student, O.B., while a press statement was read by Berna Özaslan, last year also a highschool student but now at university. The protest was also attended by teachers Hasan Özaydın and Betül Öztürk, both leaders of the Bursa branch of the educational trade union Eğitim-Sen. Following the press statement, the group, shouting slogans, dispersed. Five months later, Özlaslan, Öztürk, Özaydin and Battal were taken to trial on the charge of insulting Erdoğan, and O.B., who was under 18, was taken to Bursa Children's Court. Defence lawyers have argued that the slogans were satirical. They argued that in the past politician Mesut Yılmaz had been called "Bee Mesut" after the symbol for the Motherland Party (ANAP), and Deniz Baykal has been called "Six Arrow Deniz" after the logo of the Republican People's Party (CHP), and that these incidents had never been considered insults. At the second hearing of the case, the PM had filed his complaint, and on 27 February 2009 the sentences were handed down. Citing Article 125 of the Turkish Penal Code, the four defendants were given deferred sentences of 11months and 20 days. The court argued that the slogans were a deliberate attempt to injure the respect and dignity of the Prime Minister's public position. On 1 April 2008, the "lightbulb" slogan was also used at a protest organised by the DİSK and KESK trade union confederations. Nine people were put on trial at the 7th Criminal Court of Peace under the same article, and Erdoğan also filed a complaint. The case continued on 18 March.

"A man born in Turkey cannot have a duty to his fatherland just because he was born in Turkey. This is not only true for Turkey either. People are born naked, without sin, without debt, and most importantly, without guns. No institution has the right to take over the life of a free person for a definite or indefinite time." Mustafa Karayay said these words in a speech in Yüksel Street near Kızılay Square in Ankara on 10 October 2008, when he announced that he was a conscientious objector. Karayay faced three years imprisonment for alienating the public from military service. At the first hearing on 1 April at the Ankara 1st Criminal Court of Peace, Karayay was acquitted.

The 2nd Criminal Court of First Instance of Fatih, İstanbul declared lack of jurisdiction in the case against chief editor Sibel Bulut, Deniz Gezmiş, Mahir Çayan and İbrahim Kaypakkaya from weekly Atılım. Atılım is accused of "praising the crime and the criminal." The case that was filed for the article entitled "İbo, Mahir, Deniz, together till victory" published in the agenda section of the newspaper has been sent to the High Criminal Court. The case began on November 3. Gezmiş, Çayan and Kaypakkaya are still seen as criminals and charged with article 215 of the Turkish Penal Code (TCK) in the 40th anniversary of the 68 movement. In the indictment presented at the trial, Gezmiş, Çayan and Kaypakkaya, identified as the leaders of the Youth Movement of the 68 and 71, were described as "terrorists" and their activities as "terror activities".

On 23 February, Radio Dünya's lawyer Tugay Bek found out that the station has been acquitted in a trial concerning the broadcast of a Kurdish folk song two years ago. The case had been heard at Adana's 2nd Criminal Court of First Instance since 8 January 2008. Broadcast editor Mehmet Arslan had faced imprisonment. However, the court has now decreed that there was no proof of a crime. The folk song "Mihemedo", sung by exiled Kurdish singer Şiwan Perver, has ironically since been played on the newly set up state TRT 6 channel which has been broadcasting in Kurdish since January 2009. However, when it was played on the local radio station in Adana on 16 October 2007, the Anti-Terrorism Unit of the Adana Police had filed a criminal complaint. According to Radikal newspaper, the prosecutor's indictment cited the following lyrics of the song as an incitement to hatred and hostility: "Let the Turks also feel pain, they say that they have laid out my Mehmed in the sun, they told me and said, the Turkish soldiers followed my Mehmed and caught him, for the life of me, tell them in Diyarbakır and Siverek, tell the fathers and brothers to take revenge for my Mehmed."

Mayor Hüseyin Kalkan was sentenced to 1.5 years imprisonment for supporting the words of DTP Diyarbakır province chair Hilmi Aydoğdu, who had said, "Attacks on Kerkük are attacks on Diyarbakır and vice versa." The Batman 2nd Criminal Court of First Instance reduced the sentence to 1 year 3 months for good coduct during the trial. The court had previously decided to suspend the sentence because Kalkan had no previous convictions of premeditated crime. In the last two years, he has received a total of 3 years and 9 months imprisonmnet and 10,875 TL fines in six cases related to expressing his opinion. Four of the files are currently at the Supreme Court of Appeals. Kalkan is also one of the DTP mayors who sent a letter to the Danish PM, asking him not to close the Kurdish Roj TV satellite channel. He received a 1,875 TL fine for "praising a crime and a criminal" and was not able to appeal because the fine was lower than 2,000 TL.

In October 2007, the PKK attacked a military base in Dağlıca, southeast of Turkey, and later kidnapped 8 soldiers. Milliyet newspaper announced their release on 4 November. Now responsible editor Hasan Çakkalkurt has been sentenced to 1 year, 6 months and 22 days imprisonment for violating the secrecy of an investigation. On 12 November 2007, Milliyet newspaper carried articles with the headlines "Arrest of eight kidnapped soldiers" and "They talked about the night of the battle". The Gendarmerie General Command had applied to the Van Gendarmerie Command Military Court in order to ban all print and broadcasting media from covering events related to the Dağlıca attack and kidnapping, citing the fact that the eight soldiers were being investigated. In the attack, thirteen soldiers had been killed and 17 more wounded. The Bakırköy 2nd Criminal Court of First Instance decreed on 13 February this year that the articles published by the Milliyet newspaper represented a violation of the media ban. Under Article 283/1 of the Turkish Penal Code, responsible editor Çakkalkurt was sentenced. The initial sentence of one year was increased to 1 year, 10 months and 15 days because the offence was repeated in print. Because of the behaviour of the journalist at the hearings, the sentence was finally reduced to 1 year, 6 months and 22 days. Lawyers for the newspaper have argued that the news item is of the same date as the Van military court's decision to impose a media ban, and that thus no violation took place. They also spoke of the right of the people to be informed. Because the prison sentence was over a year, it was not converted into a fine. The newspaper's lawyers have appealed to the Supreme Court of Appeals.

At the 2nd Criminal Court of First Instance in Bakırköy, Posta photo-reporter Ahmet Cumalı has been sentenced for violating the private life of Derin Mermerci, a well-known woman in high-society, whom he took photos of at a fashion show. The sentence is still to be announced. In a previous case, Cumalı had been sentenced to 1 year 3 months imprisonment for taking photos of singer Sezen Aksu in her bathing suit. The sentence, handed out by Bakırköy's 16th Criminal Court of First Instance on 4 November 2008 under Article 134/2 of the Turkish Penal Code, had been deferred. However, because Cumalı has been sentenced for the same offense within five years, he will face punishment for both cases.

A recent statement by Turkey's Minister of Justice has shown the extent to which certain laws are used to open trials. Most shocking is the number of children put on trial.  Following the written question of Diyarbakır's Democratic Society Party (DTP) MP Selahattin Demirtaş, Minister of Justice Mehmet Ali Şahin told parliament that a total of 742 trials were opened under Article 301 of the Turkish Penal Code in 2006 and 2007, and that 1,042 people were tried in these cases. From his answer it emerged that 16 of the people on trial were children. During the same period, 309 people were convicted under Article 301; of these, six were children. In his statement, which was given on 6 February, the minister further said that a total of 4,784 trials were opened in the relevant time period under Anti-Terrorism Law No. 3713. A total of 11,720 people were tried, 737 of them children. Under Article 220 of the Turkish Penal Code, which deals with membership in and spreading propaganda for illegal organisations, 2,469 trials were opened in the two years. A total of 17,510 people were put on trial, 422 of them children. Courts opened another 2,239 trials under Article 314, which deals with founding and leading an armed organisation. A total of 6,582 people were tried, 413 of them children. On 11 February, the European Parliament's Committee on Foreign Affairs adopted a report written by Ria Oomen-Ruijten, Dutch MEP and Rapporteur on Turkey's accession, with 65 votes to 4. The progress report on Turkey in 2008 emphasises worries about press freedom and freedom and expression in Turkey. It referred to changes in Article 301, which were made in April 2008 and took effect on 8 May, saying that the changes were not sufficient to prevent the trial of non-violent opinions.

On 15 Januaray, the Şişli Chief Public Prosecutor's Office decided to drop the case against Mustafa Sarıgül, mayor of Istanbul's Şişli municipality based on placards which read "We are all Armenian" or "Murderer 301" carried during a protest march at the funeral of assissinated Turkish-Armenian journalist Hrant Dink. Following the funeral, Mete Çağdaş, a columnist in a local newspaper in Sinop, on the Western Black Sea, had filed a complaint against the mayor of Şişli, arguing that the slogans represented a violation of Article 301 of the Turkish Penal Code and insulted Turkishness. Çağdaş had written in the newspaperHaber 57 that, as a journalist, he condemned the murder of his colleague Dink, but that the slogans used at his funeral were unacceptable. He said that his grandfather was killed by an Armenian gang. He also wrote an article entitled "Honourable Prosecutor", which read: "They carried placards saying 'Hrant's murderer is Article 301.' They branded the laws of the Turkish Republic as murderers. Shouting 'We are all Armenian', they violated the constitution. They insulted the unity of the nation with separatism based on race".

Aysel Tuğluk, Diyarbakır MP for the pro-Kurdish Democratic Society Party (DTP), said in Batman in February 2007: "The honourable Prime Minister is telling us that he will talk to us if we denounce the PKK as terrorists. Even if we do that, this problem will not be solved." She now faces 1.5 years imprisonment for the speech she made at the party conference in the southeastern city. At the hearing at Diyarbakır's 4th High Criminal Court on 5 February, her lawyers rejected all charges; however, she was sentenced to 1.5 years imprisonment for spreading PKK propaganda. The sentence was not deferred. The court had put a halt to the case when Tuğluk was elected into parliament in July 2007. However, when the Court of Appeals overturned this decree, she was retried. Her lawyers, Sabahattin Acar and Fethi Gümüş, told bianet that her utterance had been taken out of context. They said that she had been emphasising democracy, equality, peace and brotherhood, and that her words had been twisted in order to accuse her. Gümüş announced that they would file an appeal against the sentence on 6 February. The court did not consider any extenuating circumstances, and has sent the file to the Parliamentary Speaker's Office in order to lift her parliamentarian immunity. Selahattin Demirtaş, also Diyarbakır MP for the DTP and parliamentary group leader, made a written statement in which he said that the government's and Prime Minister's politics were increasing the pressure on Kurdish politicians. He said that the party was interpreting this decree as "a punishment handed out by the PM personally." "The judgment in Tuğluk's case is the result of a political approach. The basic arguments of this political approach have been imposed onto society by PM Erdoğan," he added. Demirtaş said that he would gladly sign his name under the speech which earned Aysel Tuğluk a prison sentence, and that they considered it a punishment given to all peace supporters, those who were seeking a democratic solution to the Kurdish issue, and everyone using their democratic political rights. "The time to hold people to account for the prison sentences of the honourableLeyla Zana, and now for the honourable Aysel Tuğluk, will be at the balllot boxes of 29 March (when local elections take place). We will make our most meaningful reply to those who think they can silence us by punishing us with an embarrassing victory, and we will present this gift to our people, who are thirsting for freedom."

On 19 March, the Üsküdar 1st Criminal Court of Peace sentenced conscientious objector Doğan Özkan to two months imprisonment and a 440 TL fine for "alienating the public from military service". The court then converted the sentence into a fine and also suspended it for good behaviour and other reasons. In his written defence, Özkan had said, "It is good to alienate the people from the miltary and from killing. I have always told civilians and soldiers that it is bad to go to the military and that there are other ways of living. I will not obey any sanctions given to me for these expressions." His lawyer Birsen Atakan said that her client was a pacifist who opposed kililng, and that his statements needed to be evaluated as freedom of expression. International agreements recognise the right to conscientious objection as a human right. She called for the case to be sent to the constitutional court in order to evaluate it in terms of Article 318 of the constitution, and for the acquittal of her client. The judge, saying that Özkan was insisting on his opinion, convicted him. Özkan has announced that he will appeal. As part of Human Rights Week, the Istanbul branch of the Human Rights Association (IHD) staged a conscientious objection campaign in front of the Selimiye barracks in Üsküdar, Istanbul on 12 December 2004. Doğan Özkan read a press statement on behalf of the association.

On 2 February it emerged that Erkan Çapraz, editor-in-chief of the Yüksekova Haber website, who was accused of spreading PKK propaganda when he published visual material relating to the Aktütün attack on 15 May 2008, has been acquitted. The decision was made on 31 October 2008 and the court decreed that there was no criminal act. The acquittal decision said that there was no propaganda, but a news item related to the attack on the gendarmerie station. The journalist was accused of "denigrating the armed forces of the Turkish Republic" (Article 301), inciting the public to hatred and hostility and spreading organisational propaganda and encouraging terrorist activities. The Yüksekova prosecution had initiated five separate investigations.

The Tunceli Criminal Court of First Instance has punished DTP province chair Murat Polat and five party members for preparing flyers and posters reading"Long live 1 May" in Kurdish for Labour Day 2008. Polat and Ufuk Sünger, Hüseyin Özdenk, Nurcan Kasun, Zeki Yıldırım and İbrahim Halil Ateşhave been handed 5 months imprisonment each under Article 81/c of Political Party Law No. 2820. The sentences were suspended, with a warning that any intentional crime committed in the period of the next five years would also lead to the sentences being applied. The sentences come at a time when the Minstry of Justice is making it easier for prisoners to speak Kurdish with their families and when state TV channel TRT 6 is broadcasting in Kurdish around the clock.

The Manisa 2nd Criminal Court of Peace has sentenced Şah İsmail Özocak, the Labour Party-supported independent candidate, to a 3,000 TL legal fine for election propaganda in Kurdish, despite the fact that he does not speak Kurdish. Özocak said that no Kurdish was used at the rally on 15 July 2007, except for introducing the visitors in Kurdish and Turkish. "I have also got the CD shown as evidence. Can you create a crime of propaganda with that?" he said. Özocak was informed of the punishment on 8 January and appealed against it on 12January. He pointed out that a) he did not speak Kurdish and b) that the government had just started Kurdish broadcasts on state TV at the beginning of 2009. Özocak was punished with six months imprisonment under the Political Party Law, which was reduced to five months and then converted into 3,000 TL. The case is now at the Supreme Court of Appeals.

Corrections and Legal Redress

The case against defendants Selim Ay and Abdullah Sarıoğlu from Trabzon (Black Sea Cost) was continued at the Istanbul 2^nd Magistrate Criminal Court on 24 December 2009. Both defendants stand trial on the grounds of threatening and insulting e-mails sent to artist Ferhat Tunç. Ay and Sarıoğlu did not accept the accusations. The police did not respond to the court's request to confirm the defendant's residence. The case was postponed to 25 February 2010. The prosecution is expected to issue an arrest warrant for both defendants after their statements could not be taken.

Yakup Önal, owner of the local Sarköy Sesi ("Voice") newspaper, was assaulted when he took pictures of a bus that had tipped over after an accident on 9 September. The incident happened in the Şarköy district of Tekirdağ, a city west of Istanbul. Three bus drivers from the Istanbul 'Seyahat' ("travel") Company attacked the journalist. They will have to appear at court on 25 March 2010. Önal's back was injured as a result of the assault and he had to undergo medical treatment.

On 17 November, the Tokat Administrative Court in northern Anatolia decided to stop the broadcasting of privately owned Channel 60. On 23 November, the administrative building of the television channel was locked up and sealed under charges of "lacking the licence to open an office and run a business". The Tokat court took the decision unanimously and blocked Channel 60 after 16 years of broadcasting. The administrative court allowed the duration of 15days for the TV channel officials to present their defence. Atilla Sertel, President of the Journalists Federation of Turkey (TGF) described the closure of the TV station as a coup on press freedom. Sertel indicated that Mayor Adnan Çiçek's comment quoted as "You are right, but I had to act this way" was unacceptable.

Taraf newspaper journalist Mehmet Baransu filed a court case on 9 December on the grounds of having his telephone conversations wiretapped based on fake documents. Baransu sues the responsible persons with a TL 30,000 (€14,300) compensation claim. Additionally, the journalist complained to HSYK about Judge Müslüm Uzun who issued the tapping decision. Baransu stated that his phone had been tapped for more than one year by the Gendarmerie General Command Intelligence Presidency and the Van Gendarmerie Regiment Command. The gendarmerie pretended to eavesdrop on a person calledŞükrü Özkan in order to obtain permission from the 3rd High Criminal Court of Van in the pre-dominantly Kurdish south-east of Turkey for tapping Baransu's mobile phone. The journalist submitted his complaint to the Prosecutor's Office together with his lawyer Ergin Cinmen. "As the result of the investigation that is going to be carried out, we want to open a case against the perpetrators on duty at the Van Provincial Gendarmerie Command", Cinmen announced.

Turkish actor Şafak Sezer was heard as a witness in the case concerning the Molotov cocktail attack on a building of nation-wide Cumhuriyet newspaper in Istanbul on 29 March 2008. In the hearing at the Istanbul 12^th High Criminal Court on 9 December Şafak Sezer stated that he has been close friends with defendant Boğaç Kaan Murathan since 1998, "Murathan stayed as a guest in my house in Antalya after he had been released from prison in March. He and his wife came to my house because I was their best man when they got married in prison", Sezer said. He added that he had seen defendant Seyhun Zayimonce. The court decided to keep the defendants in detention. In the indictment it is claimed that the instruction for the Molotov cocktail attack on Cumhuriyet newspaper was given by Boğaç Kaan Murathan who apparently was close to Sedat Peker, one of the un-detained defendants of the Ergenekon Case. Defining the action as a "crime with the intention of terror", detained defendant Bedirhan Şinal faces prison sentence between 16 years 3 months and 42 years under charges of "assistance to a terror organization", "deliberately endangering public security", "unauthorized keeping and handling of dangerous substances" and "opposition to the Act on Firearms". For Murathan and the other defendants prison sentences between 8 years 3 months and 37 years 6 months have been demanded.

In a meeting held on 17 November in Istanbul, the Turkish Journalists' Society (TGC) commemorated 61 journalists who have been killed throughout the last 100 years. Former Chief of Police Mehmet Ağar was mentioned since he allegedly obstructed the investigation into the death of Uğur Mumcu. TGC President Orhan Erinç claimed that since the killing of Serbesti ('Freedom') newspaper journalist Hasan Fehmi in 1909, even though some of the murderers were caught, the forces behind the killings remained in the dark. Erinç drew attention to the latest murder of Turkish-Armenian journalist Hrant Dink and continued, "Abdi İpekçi was the 15^th journalist to be killed after the murder of Hasan Fehmi. 46 journalists have been killed since 1979. Freedom of expression is to be extended, European standards should be fulfilled, but at the same time numerous journalists receive death threats for their news, interviews and pictures. 15 journalists are under police protections due to death threats", Erinç said. The ceremony was attended by Nükhet İpekçi as the daughter of Millyet newspaper editor Abdi İpekçi, Ali Naki Kaftancıoğlu together with his wife Dr. Canan Katancıoğlu for his father Ümit Kaftancıoğlu and Meryem Türkmen whose younger sister Metin Göktepe was assassinated as a journalist of Evrensel newspaper. Additionally, Hürriyet newspaper official Mehmet Emeç sent a message.

The Ankara 11^th High Criminal Court prosecutes four alleged members of the "Joinder-Salaam Jerusalem Organization" ('Tevhid-Selam Kudüs Örgütü'). The organization is held responsible for the murder of journalists and intellectuals such as Uğur Mumcu, Bahriye Üçok and Ahmet Taner Kışlalı and a vast numbers of attacks. Defendants Ahmet Cansız, Selahattin Eş and Ali Akbulut have been confirmed to currently reside in Iran, Aydın Koral lives in Switzerland. The court waits for the arrest warrants regarding the four fugitive defendants to be executed.

The indictment dd. 18 December 2008 asks for prison sentence of up to 22 years and six months. The organization is furthermore called to account for actions such as the killings of Abdulgani Bedevi, officer of the Saudi Arabian Embassy, USA citizen Victor Marwick and Ehud Sadan, officer of the Israeli Embassy.

The Ankara 9^th Administrative Court decided to cancel the repeal of Milliyet newspaper journalist Abdullah Karakuş's Prime Ministry accreditation. In the unanimous decision it was said that a repeal of the accreditation was against press freedom and unlawful. It was emphasized that the Prime Ministry's application would have an "intimidating" effect on the journalists' will to make news. In the decision it was also mentioned that Karakuş's accreditation was repealed because of 2 news articles which supposedly opposed the principles of the press-related profession. The comments of the European Court of Human Rights on "press freedom" were also summarized in the decision as follows: "In news items relying on facts and seeking responsibility for proof, good intentions have to be accepted for the journalist's defence. A journalist must not be punished if he or she has enough reason to believe that a certain information is true".

The Turkish channel Su TV has launched the broadcast of a daily news bulletin in Kurdish on 20 September. The program can be received via satellite, internet or D-Smart. Program coordinator Mehmet Demir explains, "Currently, the media organs have to take a decision: Will they align with peace or will they call for war? We will do broadcasts for peace"."TV channels like atv and Kanal D should also start broadcasting in the languages represented in this country", Demir suggested. "We will not be banned like TRT Şeş, we will keep the same distance to everybody". Su TV General Coordinator Nazan Özdemir and İbrahim Genç, responsible for the Kurdish News, introduced the new broadcast in a press conference on 11 November held in Istanbul.

Dr Yaman Akdeniz, member of the Law Faculty of Istanbul Bilgi University, objected to the access bans of the internet sites MySpace.com andLastFM.com.tr on 29 September 2009. Both websites were blocked by decision 2009/45 of the Beyoğlu (Istanbul) Public Chief Prosecution Press Office on 26 June. Akdeniz lawyers filed the application on their client's behalf. Akdeniz requested to forward his demands to the Beyoğlu Magistrate Criminal Court.

The International Hrant Dink Foundation (IHDF) awarded journalist Alper Görmuş and his Israeli colleague Amira Hass on the birthday of assassinated Turkish-Armenian journalist Hrant Dink. Both journalist were awarded "for their efforts against discrimination, racism and violence for a world which has more freedom and justice. To reach these ideals they take personal risks, break away patterns, use the language of speech and like this give hope and inspiration to people on their way to continue the struggle".

On 13^th August, the Siirt (south-eastern Anatolia) High Criminal Court decided to extend the detention of four defendants who allegedly attacked and severely injured Diya Yarayan, owner of Siirt Birlik newspaper. The court postponed the case to 24 September to hear the final speech of the prosecution. All four defendants were taken back to the Siirt Closed Prison. RSF condemned the attack on the journalist which happened on 17 February: "Turkey's local authorities are not irritated about attacks against journalists with critical views. These frequent assaults of journalists are unacceptable. We call the authorities to be more careful about this issue and punish the ones to be held responsible". RSF reminded the cases of Hacı Boğatekin and Durmuş Tuna who were subjected to severe attacks as well. The reporters' organization declared to make an example of the attacks and to carry out investigations on the essential matter to deter the people who are targeting freedom of thought and to file lawsuits against them.

Of the twelve people alleged to have been involved in the attack on Durmuş Tuna, owner  of the local Söke Gerçek newspaper in the Söke district of Aydın province, six were arrested on 29 July.On 28 July, twelve people had been taken into custody, accused of seriously injuring the journalist. Of nine people questioned in the Söke 2nd Criminal Court of Peace on 29 July, three were released and six arrested. Defendants S.K., S.Y., L.Y., S.D., R.Y. and İ.Ç. were interrogated by the court and taken to prison. Tuna, however, says that only those who had been used to attack him had been arrested, but that he had heard a person shouting during the attack, "Hit him in the head, kill him." The Turkey Journalists Society (TGC) has supported Tuna in his call for the instigators to be found and prosecuted.

Cumhurriyet newspaper lawywer Tora Pekin applied to the Istanbul Regional Administration Court to pave the way for prosecution of Gökhan Özsavaş, head of the Istanbul riot police, who is held responsible for violent attacks against workers on 1 May 2008. Newspaper lawyer Pekin wrote a petition on 1 July to object the Istanbul Mayor's decision not to initiate an investigation about Özsavaş. Cumhuriyet newspaper reporters Ali Deniz Uslu and Esra Açıkgöz were two of four people attacked by police officers during Labour Day 2008. In his objection, lawyer Pekin said, "The chief for whom permission to investigate him is not being given is the superior of the civil servants who carried out these inhumane attacks and who "cannot" be identified. He is with no doubt responsible for the criminal acts." Pekin told bianet that if domestic law did not result in a prosecution, they would take the case to the European Court of Human Rights.

On 15 June, the Taraf newspaper appealed against the publishing and broadcasting ban decreed by the General Staff Military Court in relation to the alleged "action plan against reactionary forces" it had published three days earlier. Lawyer Ergin Cinmen filed a petition for the lifting of the ban with the Istanbul Duty 9th High Criminal Court, saying that it contravened Article 3 of the Press Law (Press freedom), Article 26 ("Freedom to express one's ideas and publish") and Article 28 (Press freedom) of the Constitution, as well as Article 10 of the European Convention on Human Rights. Cinmen said that the military court did not have the authority to decree such a ban.

On 4 June, the Siirt High Criminal Court started to try four detained suspects for the attack on Diyar Yarayan, owner of the Siirt Birlik newspaper. In the night of 17 February, Yarayan had ben attacked by people in ski masks in front of his home, had been beaten with sticks and had to spend months in hospital because of the head injuries he received. A journalist for 23 years, he accused Hifzullah Canpolat, Siirt Social Services province manager, of having instigated the attack. He said that Canpolat had used the defendants in similar attacks in order to ensure that his friends won bids for food and cleaning services in his institution. The journalist also said that after receiving information from the public, he had written an article about Canpolat, entitled "Who is the manager who asks widowed/divorced women for their phone numbers?". Yarayan said, "Even if I did not write his name, he was targeted by the article, and everyone in Siirt knew about the issue. He used the opportunity to have me beaten up." The court case will continue on 23 July. The defendants insisted on their innocence.

On 28 May, The Şişli 1st Criminal Court of First Instance in Istanbul sentenced Muhammet Karay to 3 years 3 months imprisonment for sending an email message containing threats against employees of the Turkish-Armenian weekly Agos newspaper and Armenians in general on 25 January 2007, six days after the murder of the newspaper's editor Hrant Dink.Karay had threatened employees with death in the email. Following the complaint of former newspaper licence holder Serkis Seropyan, the newspaper's lawyers applied to the court.  The court, headed by Judge Mithat Ali Kabaali, argued that the defendant had "created deep fear and worry" and cited Article 106/2 (b) of the Turkish Penal Code.The court pointed out that Karay had hidden his identity and had threatened anonymously. The lawyers for the newspaper said in a written statement that they were pleased that the court had gone beyond the minimum sentence of two years, thus setting an example. Up to five court cases have been opened because of threats to employees of the newspaper. Before Karay, the Şişli 9th Criminal Court of First Instance sentenced Zafer Filiz, who had threatened the newspaper 12 days after Dink's murder, to three years imprisonment on 20 March 2008. The same court sentenced Rıdvan Doğan, who had also sent a threatening message to the newspaper after the murder, to two years imprisonment in October 2007. Because Doğan had no previous criminal record and had expressed regrets, his sentence had been suspended.

The court case against four people accused of torturing and injuring conscientious objector Mehmet Bal continued at the Hasdal 3rd Corps Command Military Court on 22 May. Lawyer Eren Keskin and Gülseren Yoleri, president of the Istanbul branch of the Human Rights Association (İHD) were called as witnesses. The prosecutor asked Keskin for a definition of torture and then said that "what Bal experienced was a little beating". Keskin said that she had been informed that Bal had been tortured in the military prison and that she and another lawyer went to the prison on 11 June 2008 and spoke to a colonel. When Bal was brought to them, he was wearing military uniform and had to be supported by two people. He was listless and could not remain standing. Keskin added, "I had a brief conversation with him. He said that a non-commissioned officer had forcibly cut his hear, and that another prisoner, Necati Polat, and his friends had beaten him in the cell." Neither the detained suspects Necati Polat, Erhan Öz and Bekir Uğurlu and undetained suspect Mehmet Emin Karadağ nor their lawyers attended the hearing. The case was posponed to 6 July.

On 30 April, the Beyoğlu 3rd Civil Court of First Instance agreed with the ruling of the Supreme Court of Appeals and refused to close the LambdaistanbulAssociation on grounds of freedom of association. Fırat Söyle, lawyer for the association, welcomed the decision as "the result of the struggle of lesbians, gays, bisexuals and transgender individuals in Turkey." The lawyer had objected to statements in the Supreme Court's decision, part of which read: "Should the association go against its own regulations in future by carrying out activities to encourage lesbian, gay, bisexual, transvestite and transsexual orientations and to make them more common, Articles 30 and 31 of the Association Law would apply and an application for the dissolution of the association could be made."

DTP MP Hasip Kaplan filed a question to the Minister of Justice, who had revealed that around 70,000 people were being listened to in Turkey. Kaplan asked whether such a practice was legal. He further asked how many courts had ordered telephones to be bugged, saying "The Diyarbakır Chief Public Prosecution said that there have been 40,000 buggings related just to our party. Is the bugging just targeting our party?" Minister Mehmet Ali Şahin said that the Telecommunications Directory (TD) was informed of decisions to bug and that this institution organised them. Şahin said that 12,841 recordings had been deleted after "there had been no indications of crimes." Fethi Şimşek, head of the TD, told the parliamentary investigation committee in December 2008 that they only carried out the recordings of the numbers sent to them, but that the listening, transcribing and destruction of these recordings was done by the secret service (MİT), the police or the gendarmerie. It emerged last year that a Diyarbakır court had issued a "general bugging authorization" which allowed police, gendarmerie and MİT to listen in on anyone. Journalists reporting on this had been put on trial, but were later acquitted.

The Ministry of the Interior has been told by court to pay Cumhuriyet newspaper reporters Esra Açıkgöz and Ali Deniz Usli 3,500 TL compensation for their exposure to police violence on 1 May 2008. Açıkgöz was beaten by police officers when she was covering Labour Day protests from in front of the newspaper office; she is to receive 2,500 TL. Ali Deniz Uslu's arm was broken in a police attack and he is to receive 1,000 TL. The journalists have not been able to have a criminal case opened against officers. Furthermore, Cumhuriyet newspaper reporter Alper Turgut, who was awarded 1,000 TL in compensation on 21 April 2008 for similar maltreatment by police on Labour Day 2007, has yet to receive the money. In 2007, more than 10 journalists suffered from police attacks. The Istanbul Chief Public Prosecution evaluated the complaints of 38 people, including Turgut, as unsubstantiated and said that the police used legitimate force.

The attack on six journalists by police after they had covered the death of a Newroz celebrant by a police bullet in the Yüksekova district of Hakkari on 23 March 2008 has remained unpunished. İhlas News Agency (İHA) reporter Senar Yıldız was hit on the head with a hard object and had to undergo medical tests, while DHA reporters Hamit Erkut and Erkan Çobanoğlu, Anadolu Agency (AA) reporter Necip Çapraz, Cihan News Agency (CHA) reporterŞevket Yılmaz and DİHA reporter Sami Yılmaz were beaten up by riot police.

On 21 April the European Federation of Journalists (EFJ) declared solidarity with the ongoing strike at Sabah daily and ATV television channel. In a written statement from Brussels, EFJ condemned Turkey for insisting on an approach of limiting basic labor rights. "The government should declare its determination to protect basic rights. Organizing in a labor union and the right to collective bargaining are basic rights, as clearly stated in a recent ruling of the European Court of Human Rights," said EFJ chair Arne König. If the government fails to act upon the strike, which began on 13 February, problems would arise in Turkey's membership negotiations with the EU, Konig noted. The federation will bring issue to the agenda of the European Parliament and the European Commission. Turkey's Trade Union of Journalists (TGS) Ercan İpekçi urged the government to intervene against "unlawful practices of employers". "Regarding the right to collective bargaining and to strike as outmoded is not tolerable." The union asked the PM to act as an intermediary to restart the bargaining between them and the employer at Sabah and ATV, Turkuvaz Holding. Several trade unions, socialist political parties and groups gathered on April 18 to express support for the 10 workers on strike.

In a written statement, the state television and radio corporation TRT has announced that Radio 6 started its 24-hour Kurdish broadcast on 1 April. The "Turkey's Voice" radio station has added Armenian to its language choice, broadcasting in that language from 7-7.30 am and from 6-6.30 pm every day, as of 2 April. Radio 6 can be received on the FM band, and both Radio 6 and "Turkey's voice" can be received via the TÜRKSAT satellite via the Internet. TRT also started a Kurdish TV channel, TRT 6, on 1 January of this year.

The Diyarbakır Criminal Court of First Instance has acquitted a police officer of having attacked nine journalists who had been researching allegations that a uniformed police officer had swapped a ballot box during the local elections in March 2004. The defendant, said to have been in plain clothes, was accused of "deliberate injury" and "damaging property". However, the case was only opened four years after the event. Nevzat Bingöl of SKY Türk said, "The only defendant has been acquitted. Although we were plaintiffs, we were not called to the hearing. We have been left with the beating we got and our broken cameras." Şaban Boz (Show TV), Beşir Arız and Faysal Karadeniz (Söz newspaper and Söz TV), Ahmet Bulut and Bayram Bulut, Mehmet Şirin Hatman and Bahire Karataş (DİHA) and Fırat Düzgün (Gün TV) had all been attacked. Hatman, Boz and Karataş required medical treatment. The damage to the cameras cost 27,000 dollars and was never compensated. The police chief who visited the journalists in hospital at the time promised to follow up the case, but nothing happened.

The attackers of the Bizim Kocaeli newspaper have remained unpunished. On 1 February, around 15 people came to the newspaper office and wrecked the place, breaking furniture and windows in reaction to an article entitled "Armed clash in Suadiye". The fifteen were taken into custody but later released. Newspaper editor Ahmet Tükenmez said, "We have not heard about a court case. In addition, when we tried to get a private security company to work for us, we were told that this was illegal. Who will protect us?"

On 26 March, Star news group head Uğur Dündar filed a compalint with the Supreme Council of Judges and Prosecutors (HSYK) because the second Ergenekon indictment contained the baseless claim that "his wife went to Brazil by herself". Dündar said that the second indictment, accepted by the Istanbul 13th High Criminal Court on 25 March, violated his privacy and he filed complaints against public prosecutors Ercan Şafak, M. Ali Pekgüzel, Fikret Seçen, Mehmet Murat Yönder, Zekeriya Öz and Nihat Taşkın. Cumhuriyet newspaper owner İlhan Selçuk had filed a similar complaint against prosecutors Zekeriya Öz, Mehmet Ali Pekgüzel and Nihat Taşkin after the first indictment was written on 10 July 2008.

The Internet radio station Nor Radio (Nor Zartonk) started its broadcasts with an event in Istanbul on 17 January. Under the slogan "Forgetting means loss", the radio volunteers remembered murdered journalist Hrant Dink. Sayat Tekir from the radio station said that the station with an Armenian name was aiming at multi-lingual and multi-cultural broadcasts. "In Turkey, Armenians and others cannot speak their languages and slowly become assimilated." The radio can be listened to at www.norradiyo.com from 8 pm to 1 am. 20 volunteers work for the radio.

Journalist Faruk Balıkçı believes that those on duty in the southeast of the country and later taken into custody in the Ergenekon investigation may be connected to the death of Sabah newspaper reporter İzzet Kezer, who died after covering events at Newroz in Cizre on 23 March 1992. When he and other journalists were trying to seek refuge in a hotel, holding up a white flag, he was killed. The Turkey Human Rights Foundation (TİHV) wrote in its 1992 report that he was shot from a police tank. Although the statements of several journalists were taken, the case was considered to be unsolvable. Balıkçı, who is the president of the Journalists' Society in the East and Southeast of Turkey and Diyarbakır office head of the DHA news agency, says that those with an "Ergenekon mentality" were in charge then and prevented an investigation.

On 3 February was the fourth hearing at the Hasdal Military Prison of four people accused of torturing and injuring conscientious objector Mehmet Bal. Because Bal had not been notified of the first hearing, five detained soldiers were listened to again. Bal, whose own trial continues on 17 March, said that witnesses gave contradictory answers: "The witnesses either claimed not to know or to remember. Some of them said 'I won't steep to the level of Bal and his lawyers' and refused to answer questions." One of the witnesses is alleged to have said, "I hate Bal so much, that I could strangle him in court." Bal pointed out that the military prosecutor in the case against his alleged torturers, Ertan Aydın, was the same who had filed a criminal complaint agianst Bal under Article 301.

A group of intellectuals, including Aydın Karahasan, Dr. Mustafa Kibaroğlu, Sadık Varer and Selma Çakır Koçiva, has written a letter to the Prime Minister, asking him to consider the fact that the Laz language was in UNESCO's atlas of endangered languages and offer support for the language to continue to exist. The group pointed out that there needed to be clear guidelines on mothertongue and/or bilingual education, Laz literacy events, the return to former Laz place names, research into Laz culture, as well as publishing freedom for Laz and other languages in Turkey.

On 4 March, Rüya Özkalkan, president of the Istanbul branch of the Turkey Journalists' Trade Union (TGS) said that the strike of employees of the Turkuvaz media group, which owns atv, the Sabah newspaper and some magazines, has received greater publicity and support than expected. Because of pressure from the employer, participation in the strike remained low, but labour organisations, professional associations and other groups have kept morale high with their support from outside. Ten people have continued the strike for 20 days. Trade union members dismissed on 17 February have taken legal action to get their jobs back.

On 27 February, the Istanbul 7th High Criminal Court dropped the case against Yalçın Özbey, against whom a warrant of apprehension had been issued in absentia, and Yusuf Çelikkaya, who had sent a letter of confession from jail years after the murder of journalist Abdi İpekçi 30 years ago. The case had reached its statute of limitations. Prosecutor Fethi Türkmen, however, argued that when the warrant had been issued, less time had passed, and that the case could continue. The court said that statute of limitations was normally reached after 20 years, and if extended according to Article 104/2 of the Turkish Penal Code, 30 years. İpekçi, editor-in-chief of Milliyet newspaper, was killed on 1 February 1979 when driving to his home in Nişantaşı, Istanbul. The court further decided to lift the warrant of apprehension against Özbey. Appeals could be made within seven days.

Journalists commemorated murdered journalist Abdi İpekçi, editor-in-chief of the Milliyet newspaper, at his graveside, thirty years after his death. On 1 February 2009, Orhan Erinç, president of the Turkey Journalists' Society (TGC) said, "In Turkey, only limited progress can be made in the case of such murders. If at all, the gunmen are caught, btu those who direct, support and empower them are still shrouded in darkness." Sedat Ergin, editor-in-chief of Milliyet, siad, "As long as such murders are not fully solved, we will not find out about our near history in an objective manner." Mehmet Ali Ağca, the man who shot İpekçi and tried to assassinate Pope John Paul II, had previously been sentenced to 36 years imprisonment for two separate cases of robbery. In February 2006, he was setenced to 21 years and 8 months imprisonment in a new trial.

Ümit Sayın, who was arrested on 25 February 2007 on charges of membership in the armed Ergenekon terrorist organisation and incitement to armed rebellion against the government, has also been questioned about msn communication relating to the murder of jurnalist Uğur Mumcu. Mumcu was killed by a bomb in his car in Ankara on 24 January 1993. In the Umut (Hope) case concerning his murder and that of other intellectuals, only one person has ended in prison.

Mehdi Tanrıkulu, formerly imprisoned and a sworn Kurdish interpreter, has supported the initiative of the Ministry of Justice to make it easier for detainees and prisoners to speak Kurdish during prison visits. He finds the initiative has come very late and hopes that it is not just a move by the ruling party to get more support in the local elections. Tanrıkulu said that he had been attacked severely in Diyarbakır prison after the military coup of 12 September 1980 for speaking Kurdish and had faced a ban on Kurdish in Eskişehir prison in 1987.

Gün TV, a local TV station in Diyarbakır which has been broadcasting in Kurdish for 45 minutes a day for around 4 years, has applied to the Radio and TV Supreme Council (RTÜK) to be allowed to broadcast for 24 hours, just like the newly-opened state channel TRT 6 broadcasting in Kurdish. Ahmet Birsin, broadcasting director of the station said that their channel had faced many difficulties during the last four years, including broadcasting bans and the initial granting of permission. "We want the same rights that the state is granting itself. As long as that does not happen, this is not acceptable in terms of freedom and democracy. Broadcasting in a mother tongue must be a constitutional right which everyone can make use of and which is not at the mercy of a political party."

Lawyer and writer Hüseyin Aygün has said that after the TRT 6 channel has started broadcasting in the Kırmancı dialect of Kurdish, around 2 million citizens in Turkey speaking Zaza also expect broadcasts targeting them. Saying that Zaza was spoken especially in the province of Tunceli and surrounding areas, Aygün said: "Research shows that around 2 million people speak this language. The number may be lower. This language must be allowed to live." Aygün, who has written a book in Zaza, says that he expects the state TRT corporation to contact researchers of Zaza and relevant institutions and expressed his willingness to help as a volunteer.

The umbrella organisation Caucasian Association Federation (KAFFED), which includes 56 associations in Turkey, has demanded broadcasting rights inCircassian (Adyghe and Abaza) from President Abdullah Gül. A delegation meeting with Gül on 5 January said that "the six million Circassians living in Turkey also want the pleasure of broadcasting in their mother tongue." Also, just as language and literature departments in Kurdish were being considered at university, they called for similar departments in Circassian. Since 2004, a weekly half-hour broadcast of Circassian takes place on Thursdays, now at 7 am. The programme has been criticised for broadcasting only old news and programmes unrelated to Circassian culture.

Prof. Dr. Özden Cankaya from Galatasaray University evaluated the comments of CHP leader Deniz Baykal on the Kurdish broadcasting channel TRT 6. Baykal had said, "There can't be Kurdish TV paid for with the money of 70 million". Cankaya said, "Politicians must stop being so narrow-minded and rethink the definitions of the citizens' rights that the law offers, as well as the concepts of equality and rights." Cankaya defined languages as the wealth of a society and said that multiculturalism was a fact of life.

On 2 January, the DTP refused to attend a government reception for the opening of the Kurdish broadcasting TRT 6 channel, because it considered the initiative as move to gain votes in the elections. The pro-Kurdish party offered a motion to parliament to widen the intiative by lifting legal and constitutional obstructions on the use of Kurdish. DTP Şırnak MP Hasip Kaplan said that the x, w and q letters should be considered as part of the alphabet, while DTP Diyarbakır MP Gültan Kışanak has prepared a draft law on the use of Kurdish in public spaces.

Since 7 June 2004, there has been a weekly half-hour of Kurdish broadcasting on TRT. With TRT 6, which opened on 1 January, this period has been extended to 12 hours a day. Broadcasting began at 7 pm with a live programme presented by singers Nilüfer Akbal and Rojin. President Gül's message of "great happiness at the broadcasting of different languages and dialects of our people on TRT" was broadcast. Prime Minister Erdoğan's message was dubbed into Kurdish and broadcast with Turkish subtitles. He said that the channel would start with Kırmanci broadcasts but would later also add the Zaza and Sorani dialects. He further promised channels for Arabic and Persian broadcasts later in the year. Some Kurdish intellectuals gathered in protest at the opening of the channel. Kurdish actor and stand-up comedian Murat Batgi read a statement saying, "As Kurdish actors, we would like to express our refusal to support the state's Kurdish TV initiative, which is legally and morally not sincere while there are so many oppressive mechanisms in place against the development of our mother tongue, identity and culture and against sharing it with our people and humanity." Nebahat Akkoç of Diyabakır's Women's Centre (KA-MER) said, "I have always argued that women's legal rights must include the right to learn their own language. I find it important that the broadcasting is on state TV."

European Court of Human Rights (ECHR)

Birecik'in Sesi ('Voice of Birecik') newspaper official Şevket Demir has been sentenced to imprisonment and compensation fines on the grounds of his column entitled "Are you a police officer or a village chief?" The column was concerned with maltreatment by a police officer from Birçek in the south-eastern province of Şanlıurfa. Journalist Demir now seeks remedy at the European Court of Human Rights (ECHR). The Birecik High Criminal Court handed a postponed 3 months prison sentence to Demir on 15 January. The Civil Court of First Instance decreed for 8,000 Turkish Lira (approx. € 3640) in compensation to be paid by the journalist. The sentenced was postponed. Afterwards, the journalist was sentenced to a TL 8,000 fine in compensation by the Civil Court of First Instance. In the column on subject, published on 15 February 2008, Demir gave examples of police officers' devotion to their duty and criticized a police officer's attitude. The journalist continued, "People like that harm our society, their supervisor, the institution and the Turkish Republic. But the insight I obtained had a deep impact on me and surprised me".

The Internet Technology Association (INETD) applied to the ECHR, objecting to the decision to block youtube.com in Turkey. Access has been banned to the global video sharing site for 19 months now since 5 May 2008. INETD president Mustafa Akgül announced that INETD filed the complaint "on behalf of the ones harmed by the ban and on behalf of the entire country". Akgül claimed that the ban is "against the law and contrary to the public interest". Akgül explained that since domestic remedies have been exhausted, they had to apply to the ECHR. He stated that the access ban violates the constitution, the principles of globalism and the European Convention of Human Rights. Access to YouTube was banned in Turkey by a decision of the Ankara 1^stMagistrate Criminal Court because of 10 videos containing insults against Atatürk, the founder of modern Turkey. The court based its decision on law No. 5651 regarding Crimes constituted via the Internet. In his petition to the ECHR lawyer Nihad Karslı states, "Some of the videos subject to the decision have been removed from the site by YouTube. For other videos only access from Turkey has been blocked. During this time there was no prosecution, no case has been opened, no defence has been taken. The preliminary injunction was not renewed as it was supposed to be".

On 20 October, the European Court of Human Rights (ECHR) convicted Turkey of violating freedom of expression and acknowledged the rights of 26 employees from 4 different newspapers which had reported about the Kurdish Initiative. The complainants were newspaper owners, publishing directors, editorial directors, news editors and journalists from the Ülke Özgür Gündem, Gündem, Güncel and Gerçek Demokrasi newspapers. They applied to the ECHR concerning article 10 from the European Convention on Human Rights on freedom of expression in the context of the trial in Turkey. The ECHR's conviction concerned article 6/last paragraph of the Anti-Terror Law applied by the Turkish Constitutional Court accusing the newspapers of incongruity to the constitution and implementing a 1 month ban for each of the papers. The ECHR decreed for amounts between 5,000 € and 40,000 € per person in pecuniary compensation. Another 1,800 € in compensation for damages for mental anguish has to paid for each of the applicants plus the coverage of the court fees of 4,800 €.

The ECHR requested additional information and documents from Siirt Mücadele newspaper owner Cumhur Kılıççıoğlu. He was sentenced to a compensation fine under charges of "insulting" Dean Cemal Ergun Çelik after he had drawn attention in an article to problems in the Siirt Eğitim Faculty of the Dicle University. The Siirt Criminal Court of First Instance had sentenced journalist Kılıççıoğlu to a monetary fine of TL 3,200 (€1,520) in compensation on the grounds of four articles.

The European Court of Human Rights (ECHR) celebrated its 50^th year after its foundation in 1959. The ECHR gave an overview about the cases tried before the European court between 1959 and 1 January 2009 and announced a "pride report" for Turkish courts. Since 1 January 2009 the court has 97,300 application files to deal with. Half of these cases are concerned with complaints from Turkey, Russia and Romania. Applications from Turkey account for 11.4 percent of all ECHR cases. 47 countries with a total population of 800 million people are members of the European Council. Within this group only Turkey fulfils a ratio of 11,300 complaints out of a population of 70 million people. The ECHR accepted 45,000 cases between 1955 and 1998. After 8,400 applications were filed for the year 1999, the number of cases increased to 49,900 last year. During the last 50 years the ECHR took decisions on behalf of 47 countries. 1,953 of these cases were related to Italy, 1,939 to Turkey, 740 to France and 643 cases were related to Russia. Turkey became a member of the European Human Rights Convention in 1954. 1,676 out of 1939 cases brought to ECHR by Turkey were concerned with violations of the Convention. Only 37 cases turned out not to have violated any article of the Convention. This situation points out the "dramatic" situation regarding trials in Turkey. This is also confirmed by a number of 2,725 decisions related to a violation of the "right to a fair trial". 147 out of 417 cases related to "inhumane treatment" concerned cases form Turkey as well as 66 out of 146 decisions that were made upon "violating the right to live". With 170 cases Turkey made up for half of the 348 cases related to violating freedom of expression. One fifth of all decisions related to the violation of the right to a fair trial also go on the account of Turkey (531 out of 2,725). Out of a total of 48 cases concerned with torture in custody, prison and locations of detention, 22 cases come from Turkey.

Cumhuriyet newspaper journalist Alper Turgut applied to the ECHR since domestic remedies have been exhausted. The journalist had been sentenced under charges of article 19 of the Press Law and "influencing the judiciary" because of his reporting about unlawful application of the statute of limitation for torture. The police officers charged with torture in detention in the context of an operation against the "October" organization were released of all charges whereas Turgut, who reported about the torture, was sentenced to a fine of TL 20,000 (€ 9,000) for "influencing the judiciary".

On 28 July, the ECHR unanimously sentenced Turkey upon the complaint of Seyithan Demir. Demir had been tried under charges of "spreading separatist propaganda" on the grounds of his statements "We will establish Kurdistan" and "Special forces and soldiers kill our people and innocent children" made during his military service. Turkey is going to pay a total of € 3,000, € 2,000 in compensation to Demir and € 1,000 to cover court cost. The ECHR pointed out that the first trial lasted from 2000 till 2002 and was conducted "in absence of the defendant" by applying article 8 of the Anti-Terror Law (TMY). The court explained that there was no need for a separate evaluation of the complaint regarding the unlawful restriction of freedom of expression. Demir had applied to the ECHR after he was sentenced to 1 year in jail and a monetary fine. In the meantime, article 8 of the TMY on "separatist propaganda" has been cancelled in the scope of "adjustment" packages related to the EU candidacy process.

Lawyer Özcan Kılıç announced that the one-month publication bans handed to the Özgür Mezopotamya, Özgür Görüş, Rojev, Siyasi Alternatif and Süreçnewspapers under Articles 6/end and 7/2 of the Anti-Terrorism Law have been taken to the EHCR. Seven applications have been merged, and the lawyer has been informed that there will be a decree on the matter. Since November 2006, there have been a total of 50 applications to the ECHR for publishing bans of twenty newspapers (Ülkede Özgür Gündem, Gündem, Güncel, Gerçek Demokrasi, Yedinci Gün, Haftaya Bakış, Yaşamda Demokrasi, Toplumsal Demokrasi, Yeni Bakış, Alternatif, Gelecek, Gerçek, Özgür Ülke, Politika, Özgür Yorum, Analiz, Ayrıntı, Özgür Mezopotamya, Özgür Görüş andSiyasi Alternatif). Some of these cases have been merged in seven cases, while others have been treated as personal cases. In addition, the Günlük newspaper has applied to the ECHR for a publication ban as a punishment for its issues of 1 and 2 June 2009.

Lawyer Özcan Kılıç announced that the one-month publication bans handed to the Özgür Mezopotamya, Özgür Görüş, Rojev, Siyasi Alternatif and Süreçnewspapers under Articles 6/end and 7/2 of the Anti-Terrorism Law have been taken to the EHCR. Seven applications have been merged, and the lawyer has been informed that there will be a decree on the matter. Since November 2006, there have been a total of 50 applications to the ECHR for publishing bans of twenty newspapers (Ülkede Özgür Gündem, Gündem, Güncel, Gerçek Demokrasi, Yedinci Gün, Haftaya Bakış, Yaşamda Demokrasi, Toplumsal Demokrasi, Yeni Bakış, Alternatif, Gelecek, Gerçek, Özgür Ülke, Politika, Özgür Yorum, Analiz, Ayrıntı, Özgür Mezopotamya, Özgür Görüş andSiyasi Alternatif). Some of these cases have been merged in seven cases, while others have been treated as personal cases. In addition, the Günlük newspaper has applied to the ECHR for a publication ban as a punishment for its issues of 1 and 2 June 2009.

The ECHR has received five applications related to the murder of Turkish-Armenian journalist Hrant Dink, the editor of the weekly Agos newspaper who was killed in January 2007. Having merged applications which were made at different times, the court is now (17 January) asking Turkey questions, to which it wants answers by November. Lawyer Deniz Tuna of the International Hrant Dink Foundation told bianet that the applications were related to parts of the European Convention on Human Rights concerned with the violation of the right to life, the right to an effective application to court, the right to a fair trial, the right to freedom of expression and the ban on discrimination. Hrant Dink himself had appealed to the ECHR two weeks before he was killed in relation to a six-month deferred prison sentence he had received under Article 159 of the Turkish Penal Code for a series of articles entitled "Armenian Identity". Following his murder, lawyers for his family had appealed to the ECHR when the Trabzon police and gendarmerie and the Istanbul police were not taken to court although they were accused of having been negligent in evaluating intelligence on murder plans. Another application relates to the lack of punishment for Samsun police officers who took "souvenir shots" with the suspected gunman Ogün Samast after catching him at the Samsun bus station a day after the murder. The Prime Ministerial Review Committee had pointed to a "serious lack of coordination" in the sharing of intelligence between security institutes prior to the murder. Nevertheless, no public official is being tried in the main murder case heard at the Istanbul 14th Heavy Penal Court.

On 16 June, the ECHR awarded Ömer Bahçeci and Fikret Turan 4, 000 Euros compensation. Turkey is to pay the money for having imprisoned them in 2002 after accusing them of "spreading separatist propaganda". The ECHR decreed unanimously that Turkey had violated Article 10 of the European Convention on Human Rights.

On 9 June, the ECHR sentenced Turkey to paying € 1,000 compensation to Cihan Öztürk. Öztürk had written a severe criticism of the then PTT (Turkish post) head manager in the Postel newspaper when he was head of the PTT branch in Galatasaray, central Istanbul. In May 2000, Öztürk wrote that the head manager was responsible for the neglect of the historical PTT building in Galatasaray. He was later sentenced to paying around 1,000 TL for "insulting" his superior, while the editor of the magazine had to pay 500 TL. An appeal in December 2001 brought no change in the sentence. The ECHR ruled that the article had the aim of motivating the readership of PTT employees to protect historical buildings and that it had to be evaluated as a part of a legitimate discussion.

Cumhur Kılıççıoğlu, a journalist with 53 years experience, has appealed to the ECHR because he was convicted of insulting Dean Cemal Ergun Çelik at the Siirt Education Faculty at Dicle University after writing about problems at the faculty. On 17 June 2008, the Siirt Civil Court of First Instance had sentenced the journalist, who is the owner of the Siirt Mücadele newspaper, to paying 3,200 TL legal costs and compensation for four articles that allegedly contained insults. An appeal on 22 July led to the Supreme Court of Appeals to overturn the decree, but the Siirt court convicted the journalist again the second time round. In a different case, the journalist had been handed a suspended fine of 1,519 TL under Article 482/4 of the former Turkish Penal Code, following the complaint of Siirt University rector Prof. Dr. Asaf Varol. Kılıçoğlu was sentenced to 354 days worth of legal fines, worth 7,080 TL and he faced five years of judiciary monitoring.

The Internet Technology Association İNETD is preparing to take the obstruction of access to the global video sharing website YouTube to the ECHR after having tried to reverse the ban in domestic courts. Following a decree to close access to the site on 5 May 2008, people in Turkey have not been able to access YouTube. Lawyer Nihad Karslı said that he had spoken with İNETD president Assoc. Prof. Mustafa Akgül and that they were preparing to appeal. The lawyer said that the website had been blocked for containing a video that "denigrated Atatürk". On 15 April, the Ankara 27th Criminal Court of First Instance had rejected an appeal against the court decree of the Ankara 1st Criminal Court of Peace which had refused to lift the ban.

On 5 May, the ECHR sentenced Turkey to paying journalist Aziz Özer 2,000 Euros compensation and 2,000 Euros in legal costs for having violated his right to freedom of expression. Özer, owner and editor of the monthly Yeni Dünya için Çağrı (Call for a New World) magazine, had appealed to the ECHR because he had been sentenced to imprisonment for a news item and an announcement. The ECHR decreed unanimously that Özer had been "limited in a manner unnecessary in a democratic society"; furthermore, it said that a fair trial had been overshadowed by the fact that the prosecution had not informed the journalist of its opinion.

Özcan Kılıç, lawyer for the Alternatif newspaper, has applied to the ECHR after the Istanbul 13th High Criminal Court sentenced editor Cevat Düşün to 4 years and 2 months imprisonment for "spreading PKK propaganda" and "publishing organisational statements". The court argued that its 25 May 2008 issue violated Articles 7/2 and 6/2 of the Anti-Terrorism Law. In another case taken to the ECHR, the same court had sentenced Düşün to 1 month and 15 days imprisonment and a 740 TL fine for articles published in the Gelecek newspaper on 27 September 2008. A third case, also at the ECHR, concerns a sentence of 10 months imprisonment handed to Düşün for articles in the Alternatif newspaper on 20 September 2008, when PKK sources were cited. Representatives of the Gelecek and Alternatif newspapers have been in 11 court cases, some of them merged, and have been convicted to a total of 10 years imprisonment and 2,220 TL fines.

The ECHR has directed a list of questions to Turkey, regarding the case of journalist and writer Abdurrahman Dilipak, who faces five years imprisonment in a trial for an article entitled "If the Generals don't listen", published in the Türkiye'de Cuma (Friday in Turkey) magazine (now closed) in the 29 August-3 September 2003 issue. Dilipak applied to the ECHR four years ago, saying that he would not receive a fair trial in Turkey. The court case was first heard at the 3rd Army Corps Command Military Court, then taken to the Bağcılar Criminal Court of First Instance, and later to the Bakırköy Criminal Court of First Instance. After the Bakırköy 2nd and 17th Criminal Courts of First Instance argued over who was in charge of the case, it was taken to the Bakırköy High Criminal Court. It may have reached its statute of limitations by now. Dilipak faced between six months and three years imprisonment. He was being tried together with Mustafa Karahasanoğlu and three retired army officers.

On 10 March, the ECHR sentenced Turkey to paying the Istanbul Özgür Radio 4,000 Euros compensation and 3,500 Euros legal costs. The radio station had been handed a one-month broadcasting punishment after reporting on a news item in the Günlük Evrensel newspaper about an attack on a wedding of members of the pro-Kurdish Democratic People's Party (DEHAP).  When the radio station was not able to get results in the administrative courts in Turkey, it applied to the ECHR, arguing that Article 10 of the European Convention on Human Rights was violated. The ECHR made reference to cases in other countries and said that even if the content of the news item may be uncomfortable, it did not encourage the use of force. The ECHR furhter noted that the radio station was punished, while the newspaper was not, and was of the opinion that the punishment was disproportional. The relevant news item had been broadcast in the "speaking pages" slot on 27 August 2003, and RTÜK had handed down the punishment on 24 February 2004.

On 17 February, the ECHR decided that the punishment of the Yeni Evrensel newspaper did not violate freedom of expression, as applicants Fevzi Saygılıand Bülent Falakoğlu, owner and editor of the newspaper respectively, had argued. The court argued with five votes to two that expressions such as "If someone tries to kill you, you use your right to legitimate defence" and "If the world unites to get rid of us, we will use our right to legitimate defence" were an encouragement of violence and violated the responsibility of avoiding such messages during times of tension and fighting. Hünkar Demirel, editor of the newspaper,  had been convicted of "spreading terrorist propaganda and thus aiding and abetting the organisation", i.e. the PKK. His prison sentence of 3 years and 9 months, handed down in June 2002, had been converted into fines. The article in question was published in July 2001.

Kurdish politician Orhan Miroğlu, who was an independent parliamentarian candidate in the province of Mersin for the general elections in July 2007, has taken his conviction for speaking Kurdish to the public to the ECHR. His application was accepted on 27 January. In September 2008, the Mersin 2nd Criminal Court of Peace had found the politician guilty of violating Articles 58, 60 and 61 of the Election Law. The conviction was announced in secret and he would serve a sentence if he was found to violate a five-year suspension. Miroğlu said that he was unable to appeal against the decision as it was made in his absence, and that it amounted to a five-year ban on speaking Kurdish.

On 10 February, the ECHR sentenced Turkey to paying 5,000 Euros compensation and 2,000 Euros legal costs to İbrahim Güçlü, former vice chair of the Rights and Freedoms Party (HAKPAR). Güçlü had been convicted of "spreading separatist propaganda" in a speech during a press briefing entitled "Democracy and the Kurdish question". He won his legal battle while being imprisoned in Ankara. The ECHR argued that the punishment of Güçlü, who was trying to open a debate on policies in the Southeast of Turkey and political and historical questions, violated the right of the public to being informed.

On 20 February, the ECHR decreed that the freedom of expression of Sedat İmza had been violated when he was punished for publishing PKK statements in the monthly Özgürlük Dünyası (World of Freedom) magazine. The ECHR voted unanimously that there could be no ban on reporting on a topic of general interest in a magazine and that the magazine could not be handed a publishing ban. However, because no amount of compensation had been specified, the court did not see the need for compensation to be paid.

On 13 January, Turkey was been sentenced to paying a total of 13,911 Euros to lawyer Ayhan Erdoğan and Yeni Asya newspaper Ankara representativeMehmet Cevher İlhan for restricting their freedom of expression. Lawyer Erdoğan had previously been sentenced to paying compensation to a district mayor of Istanbul after calling him "heartless and sectarian". He then appealed to the ECHR. On 13 January, the ECHR considered his case and awarded him a total of 11,911 Euros in damages, arguing that Turkey had violated Article 10 of the European Convention on Human Rights. As for journalist İlhan, he had been sentenced for several news items and articles published on different dates. The ECHR has awarded him 2,000 Euros for legal expenditure.

In a third case, the ECHR considered the case of eight students from Istanbul University's Student Coordination who had staged a protest at the beginning of the academic year. They had been treated violently, and the ECHR argued that Turkey had violated their right to freedom of expression. However, the students, Rüya Kurtuluş, Erdinç Gök, Haşim Özgür Ersoy, İnci Açık, Serpil Ocak, Ayfer Çiçek, Nuri Günay and Murat Kaya, will not be paid compensation.

Reactions to Censorship

The Istanbul 11^th High Criminal Court ordered Devrimci Hareket ('Revolutionary Movement') magazine owner and responsible editor-in-chief Fehmi Kılıçto pay TL 16,660 compensation under charges of "spreading propaganda for an illegal organization" in two articles. The full name of the magazine is "Emperyalizme ve Oligarşiye Karşı Devrimci Hareket", meaning 'The revolutionary movement against imperialism and oligarchy'. The sentence was based on two articles published in the magazine's special edition entitled "Liseli Dev-Genç" magazine ('High-shool students revolutionary youth'). The court claimed that propaganda for the Turkey's People's Liberation Party-Front (THKP-C) and the Turkey's People's Liberation Army (THKO) was spread in the articles "It is a struggle for the youth of 'Liseli Dev-Genç' to handle their future" and "We commemorate Che" published in the youth magazine. The first article given as a reason for crime deals with the "persistency" of İbrahim Kaypakkaya and with the "guidance" of Mahir Çayan, both in their capacity as leaders of the revolutionary youth in the 1970s. However, a name of an organization is not mentioned in the article.

The Contemporary Journalists Associaiton appreciated the statement of journalist Şamil Tayyar who said, "I do not agree with the fact that journalists are behind bars for their articles or books regardless of their opinions... We will make the necessary amendments immediately". Tayyar was sentenced to imprisonment of one year and three months under charges of "violating the secrecy of an investigation in his book about the Ergenekon case. JournalistNedim Şener, who faces almost 30 years imprisonment on the grounds of his book about the murder of Turkish-Armenian journalist Hrant Dink, criticized, "I do not want to benefit personally from 'Şamil Tayyar's Pardon' regarding that sort of hasty conversations and limited aims." "It is not a sincere approach to cut the strings of opposing publishing organs and at the same time playing the role of the fighter for press freedom regarding Tayyar's statement", Şener said.

ÇGD President Ahmet Abakay criticized Prime Minister Erdoğan's statement about telephone tapping. Erdoğan had said "Do not look for a political aim behind this". Abakay criticized: "Where else should we look for a political aim if not behind this? Of course the telephone tapping has a political aim...".  Akabay indicated that eavesdropping is a threat to a person's private life. He emphasized that also judicial organs and officials were being wiretapped and that these people were treated like "perpetrators, suspects and criminals".

On 22 December, the Izmir 8^th High Criminal Court Judge on Duty decided for a publication ban regarding the file of the on-going investigation into"suspicious İrfan Erbarıştıran and his friends". The decision took into account "that the investigation has not been completed yet and that names and rights of the suspects should be kept confidential during the investiagation period in particular also in regard to the condition of being in line with the necessities of a democratic country. At the same time, press freedom was kept in mind related to access to and distribution of information, criticism, comments and on news production as defined in article 3 of the Press Law (no. 5187).

On 11 December, the Istanbul 14^th High Criminal Court imposed a one-month publication ban on weekly Atılım newspaper under allegations of "spreading propaganda for a terrorist organization" on the grounds of the interview with DTP co-chair Emine Ayna published in issue no. 276. The interview was entitled "They should not leave them faceless or they will regret it"/"They shot the opening initiative". The newspaper was banned for the fifth time in 2009 under article 6/last paragraph of the TMY. In the interview, Ayna had been asked how she would proceed in case of the closure of the DTP. She replied, "Our insistence in DTP politics is the insistence of democratic politics. If they deprive us of the possibilities to make democratic politics, we will head towards other alternatives. They should not leave us faithless regarding our political beliefs or they will regret it".

Biligi University in Istanbul held the 14^th Internet Conference in Turkey on 12 December. İNED-Tr 09 chairman Mustafa Akgül asked "Why don't you prefer compensation cases against the seizure of rights?" Bülent Forta, chairman of the Association of Interconnected Ownership Right Phonogram Producers (MÜYAP) responded, "MySpace is being withdrawn in many countries. We did not want to harm the music industry by filing a compensation case".

Member of Biligi University Faculty of Law Yaman Akdeniz announced that until the present day, access bans have been imposed on sites such as YouTube, google sites, farm village, gabile, hadigayri and MySpace. Kerem Altıparmak from the Political Science Faculty Human Rights Centre of Ankara University criticized the access ban of 197 websites since May besided closures due to "index crimes" defined by law no. 5651 as unacceptable. "How are we supposed to digest final decisions that challange and eliminate rights and freedoms? YouTube is still closed because they did not appeal within seven days. So can we not appeal for YouTube once more?" Altıparmak argued. Turkey Communication Foundation (TBV) president Faruk Eczacıbaşı said about the YouTube ban that eventually a lot of smart people will succeed to reverse the decision of one single "crazy" person. NTV program host Burcu Esmersoy also criticized that YouTube is blocked to all internet users.

TGC organized the 2009 Assesment Meeting for Local Media Education Seminars in co-operation with the Konrad Adenauer Foundation on 4./5. December 2009. In the meeting it was pointed out that "professional organizations should join efforts prior to the enforcement of media laws. Work must be done to amend articles related to restricting freedoms and imposing huge financial burdens".

Three students from the Profilo Anatolian Technichal High School and the Anatolian Vocational High School in Istanbul were suspended from school for three days. The students had previously not attended classes upon the call of KESK regarding a fee "for a humane life and in order not to pay the cost for the crisis". On 25 November, the studends had gathered in front of a factory in about 200 metres distance to the school and shouted slogans such as "You are right, teacher" and "We support your right to strike, teacher". Eğitim-Sen President Zübeyde Kılıç condemned the fine imposed to students O.A., S.D. andM.C. and said they would follow the matter.

The Istanbul 14^th High Criminal Court ruled for a 1 month ban of the weekly Aydınlık magazine and also decreed for the collection of the magazine's latest issue under allegations of "showing counter-terrorism officials as targets for terror organizations" and "spreading propaganda of a terror organization". The decision was criticised by the International Press Institute (IPI) Local Committee and the Turkey Journalists Association (TGC). Magazine owner and responsible manager Ruhsar Şenoğlu declared that he would apply legal action against the decision which in his opinion is a political one. He argued that the publication ban was decided during the meeting of Obama and Erdoğan. Subject to the ban is the magazines latest issue, publishing an article entitled "It is a crime to defend the motherland, separatism and espionage are free". The article included the following passage: "Liquidation operation against the Turkish Army... The Beşiktaş Terror Organization has increased its goal. The button was pressed for the liquidation of the Turkish Army as aimed by Ergenekon from the very beginning. 3 commanding officers from 2004 were called for statements by the Ergenekon prosecutor under allegations of a coup attempt".

On 7 December, Taraf daily newspaper journalist Mehmet Baransu announced that his phone has been wiretapped for more than a year by the Gendarmerie General Command Intelligence Presidency and the Gendarmerie Regiment Command of Van in the pre-dominantly Kurdish region in the south-east of Turkey. Baransu had written several news items about the raid on the Aktütün police station by the militant Kurdistan Workers' Party (PKK)and the "Anti-Reactionary Plan", which lays out strategies to defame the ruling Justice and Development Party (AKP) and the religious Fethullah Gülenmovement. Baransu claimed that a number of illegal activities were involved in order to conceal the phone tapping. In particular, the name and phone number was hidden from the judge under the pretence that the gendarmerie did not confirm the data. Furthermore, the IMEI (international mobile equipment identifier) number or the journalist's mobile phone was presented to the court. "They showed the judge on duty the IMEI number of the phone I was using and said they were going to eavesdrop on the IMEI number of a person called Şükrü Özkan", Baransu stated.

On 13 December, the International Press Institute (IPI) singled out the governments of  Turkey, Yemen and Kenia as the countries in the worst situation in respect to passing on infromation to journalists. This is the result of the institute's pilot study on "obtaining information by reporters".

On 1 November, the IPI National Committee criticised Prime Minister Erdoğan for saying "You columnists, the lesser you write the more will the country find its peace of mind"  at a party summit. IPI assessed Erdoğan's statement as an attempt to influence trials against columnists who stand accused of provoking the public. "We evaluate the words and attitude of the speech made by the esteemed Prime Minister as an attack against freedom of thought, expression and press. We see that he is disturbed by the circulation of the journalists' thoughts that differ from his own opinions".

RSF expressed its appreciation about the development of Kurdish radio and television broadcasts in Turkey. However, the organization condemned prison sentences imposed for news about the Kurdish question: "The affect of the reform related to the Kurdish question will always be limited as long as media institutions are threatened by sanctions". RSF reminded the fact that a discussion of the Kurdish question is obstructed by the TMY articles on "publishing statements of a terrorist organization" and "spreading propaganda for terror organizations" and article 216 of the TCK on "inciting hatred and hostility", saying that "the broadcasting of Kurdish radio and television channels should no longer remain in the shadow of this constraint. RSF described article 301 as "oppressive" and criticized the detention of Azadiya Welat newspaper official Vedat Kurşun since January, the one-month publication bans imposed onÖzgür Ortam, Demokratik Açılım and Günlük newspapers and the access ban imposed on gunlukgazetesi.com as the website of Günlük daily. Moreover, the organization condemned the trials opened against Milliyet newspaper journalists Hasan Çakkalkurt and Namık Durukan and the two-year, two-month and sven day prison sentence handed down to Gerger Fırat newspaper owner Hacı Boğatekin.

DTP Diyarbakır MP Selahattin Demirtaş and DSP Istanbul MP Süleyman Yağız brought forward the telephone tapping of the high judiciary to the parliament. Yağiz pointed out that TİB, the Telecommunication Communication Presidency founded in 2005, "has the authority to wiretap institutions that are entitled to eavesdrop themselves". He continued, "TİB is like a private intstitution of the Prime Minister". Abdüllatif Şener, leader of the Turkey Party, voiced his opinion that he was being eavesdropped on by the Prime Minister as well. Yağız asked whether this was true and what would be the reason for this. Demirtaş asked, "How many citizens are being wiretapped? Or, if this is easier, how many citizens are not being wiretapped? What is the exact number of MPs, journalists, academics, governors, district governors and military officers whose phones are tapped and communications are followed?"

TİB banned access to the website of Günlük newspaper on 19 November. TİB implemented a decision of the Ankara 11^th High Criminal Court taken on 4 November. The Kurdish question is one of the main focuses of Günlük daily. Internet users who tried to access the site were informed that the closure was a "protection measure" of the court. The High Criminal Court did not give any further information on the reasons for the access ban. It can be assumed that the closure was based on the Anti-Terror act, as dozens of similar cases were before.

The Prime Ministry Press Centre banned the accreditation of diplomacy journalist Sultan Özer from the Evrensel ('Universal') daily more than 1 year ago on 10 November 2008. Because of this, Özer can neither follow up on Prime Minister Recep Tayyip Erdoğan, nor can he cover the General Assembly of the ruling Justice and Development Party (AKP). Regarding a general application for the cancellation of the Prime Ministry accreditation procedure, the Ankara 9th Administrative Court decided for a lack of authorization and sent the file to the State Council. Özer filed a court case with the demand to stop the procedure, but even after 1 year the journalist's case has not yielded any results yet. "The judiciary works very slowly. If I worked for a different institution I might have been made redundant in the meantime since I cannot do my work", Özer said. Özer indicated that the newspaper lawyers applied to the administrative court for the abolishment of the Prime Ministry accreditation ban, not only for himself but in general. His own file is currently at the stage of the State Council. Together with Sultan Özer and Milliyet newspaper journalist Abdullah Karakuş, also the accreditations of Hasan Tüfekçi and Turan Yılmaz from Hürriyet newspaper, Fatma Çözen from Star Television and Ali Ekber Ertürk from Akşam newspaper had been repealed in November 2008.

On 12 November, internet lawyer Assoc. Dr Yaman Akdeniz, staff member of the Bilgi University Facutly of Law, stated that the "Internet sites memorandum" issued by the General Staff Presidency includes various severe imputations and can be made subject of a trial at least for insult and compensation. Akdeniz said he could not see the relevance of law no. 5651on Publications on the Internet and Suppression of Crimes Committed by means of Such Publication. The lawyer indicated that the courts could block access for reasons beyond the "index crimes" mentioned in article 8 of the law regarding websites referred to in the memorandum that are concerened with pornography, child abuse, gambling and games of luck, encouragement to suicide and offending the memory of Atatürk. Akdeniz reminded that the courts applied political censorship to sites such as Özgür Gündem, Günlük and Kreditörand closed them subsequently.

On 10 November, the Ministry of Justice announced that up to now 15 journalists have been put on trial under allegations of "violating the secrecy of an investigation"  related to major investigations such as Ergenekon. On the other hand, 33 public officials are currently being involved in investigations, the ministry declared. In a written response, the Ministry criticized the journalists for "disregarding" the issue of "violating the secrecy of an investigation" regarding Ergenekon and other major investigations. The ministry published the following numbers on investigations carried out in different districts of Istanbul: Eyüp Prosecution: 447 investigations; Bakırköy Prosecution: 2,455; Üsküdar Prosecution: 30; Kadıköy Prosecution: 184; Beyoğlu Prosecution: 423 and 522 investigations by the Istanbul Courthouse. The ministry stated that in the mentioned Prosecutor's Offices a total of 3,845 investigations have been initiated about journalists since 31 July 2009; 358 cases are still pending, 15 trials resulted in the conviction of the defendants.

Because of news items published by Editor Seyfi Boyraz in Can Haber newspaper, the journalist's wife Meltem Boyraz, part of the municipality's disabled staff, was transferred to the Ayniyat Storehouse. Can Haber newspaper is published weekly in Karadeniz Ereğli, Zonguldak, on the western coast of the Black Sea. According to Boyraz, his wife's recent appointment to a work place which is unsuitable for a disabled person stems from 2 news articles the journalist published on 2 November, entitled "The Municipality Works for the Mayor' and 'Is Posbıyık a Suspect in the Trial about the Gang?' Boyraz said that Posbıyık called him on the morning of 1 November when he prepared for the publication of the weekly. Apparently, Posbıyık was already informed about both articles and said he would deal with it himself in case the news would be published. "Halil Posbıyık is trying to restrict my freedom to make news by imposing pressure on me upon my wife who is his employee", Boyraz claimed. Municipality officials viewed the mayor's decision as "a normal internal decision" and did not want to make any further comments on the matter.

On 5 November, TGS organized events in front of the buildings of Sabah newspaper and ATV in Istanbul, Halk TV in Ankara and Olay newspaper andOlay TV in Bursa in the context of FİJ's campaing in Europe entitled "Stand up for International Journalism". The following topics were touched upon in the different statements: struggle against monopolization and intensifying of capital in the sector of journalism; drawing attention to corruption regarding relations between the media, politics and trade; providing editorial independence and high-quality publications; opposing all sorts of applications of censorship and auto-censorship; not being used as a tool for disinformation and manipulation by political, military and various environments; bringing to the agenda violations of press freedom, namely journalists being exposed to arrests, detention, convictions, attacks, injuries and murder. The events were also aimed at the struggle against threats and legal and actual pressure on press freedom.

The Supreme Court Criminal General Assembly accepted the appeal filed by the Supreme Court Chief Prosecution against the Court of Appeals of the 9^thCircuit which had approved the relase of Anadolu'da Vakit newspaper journalist Adurrahman Dilipak. The journalist had been on trial for an alleged insult of the 10^th President of Turkey Ahment Necdet Sezer. The decision was communicated on 4 November. The Supreme Court Chief Prosecution's appeal was accepted with 13 votes and 11 dissenting votes. The General Assembly decreed that Dilipak should be penalized according to the old version of the TCK. The local court has the right to appeal to the decision. In case the court objects to the decision, the issue will be brought to the Supreme Court Criminal General Assembly once more.

The Istanbul 13th High Criminal Court closed the weekly Özgür Görüş ('Free Opinion') newspaper for the duration of 1 month under allegations of "including announcements of the PKK organization" and "making propaganda for the organization" in the issue from 17-23 October. However, the court decision claims the allegations to be found on page 9 of the weekly newspaper which actually consists of 8 pages only. The court did not give any information whether the charges were related to an article or a news item or which article or news item constituted a crime. Judge Gökmen Demircan did not only decide to collect all issues of the newspapers according to article 25/2 of the Press Law. He also applied article 6/last paragraph of the Anti-Terror Law(TMY) and banned the newspaper for a whole month.

On 19 October, four journalists were denied access to Turkey at the Habur border gate and forced to spend the night in the buffer zone on the Iraqi side. Rıfat Başaran from Radikal newspaper, Namık Durukan from Milliyet, DHA reporter Ramazan Yavuz and freelance journalist Mazlum Özdemir were following up the arrival of the Peace Groups from Mahmur and Kandil for support of the government's Kurdish initiative. The journalists had to wait in the no man's land for 16 hours. Reporter Başaran said, "Another official from the governorship called us and told us not to come here since the PC was out of service and we would not be able to enter. We said that we had already gone out of Iraq, but that did not change anything".

Chief of General Staff General İlker Başbuğ opened a trial with Taraf newspaper journalist Rasim Ozan Kütahyalı under allegations of insult based on the journalist's article entitled "You are not a statesman, you are a civil servant, Pasha İlker...". Kütahyalı announced that a trial has been opened against him in his column published on 28 September 2009.

The International Reporters without Borders (RSF) organization published its annual Worldwide Press Freedom Index on 19 October. Turkey fell back 20 places compared to last year and ranks on position 122 among a total of 175 countries. Turkey is one place ahead of Venezuela and shares its position with the Philippines. In 2008 Turkey shared rank 102 with Armenia, which fell back to position 111 in 2009. Northern Cyprus went up to rank 51, Greek Cyprus became 25th. According to the report,Turkey's big fall was due to a surge in cases of censorship, especially censorship of media that represent minorities (above all the Kurds), and efforts by members of government bodies, the armed forces and judicial system to maintain their control over coverage of matters of general interest.

The website www.expatriates.com was banned under article 5651 of the Act on Internet Crimes on 16 October 2009. The website serves as a source of information and networking services for expatriates in Turkey and all over the world. Internet users in Turkey who wanted to access the site encountered the following announcement by the Telecommunications Communication Presidency (TİB): "ADMINISTRATIVE MEASURES have been applied to this internet site (expatirates.com) by the decision of the Telecommunications Communication Presidency dated 23.06.2009, no. 421.02.02.2009-179234 as a result of technical inspection and legal evaluation of index crimes regarding law article 5651". The closure decision had been taken on 23 June 2009.

The European Council published its annual Progress Report for Turkey on 14 October. In the report's annotations on the judicial system, the Ergenekon Case, the Hrant Dink murder case and the murder of three Protestants in the Zirve publishing house in Malatya were given as examples of "high-profile cases [that] raised concerns about the quality of the investigations". "Furthermore, there is a need to improve the working relationship between the police and the gendarmerie on the one hand and the judiciary on the other". As far as the Dink murder case is concerned, the report from the Prime Ministry Inspection Board issued in 2008 is explicitly mentioned, which "questioned the security forces role prior to the murder. According to the report, the security forces appeared to refrain from taking action after having received credible information about death threats against Mr. Dink. The trials in Istanbul, Samsun and Trabzon on this murder are continuing, but have not been merged, as has been requested by the lawyers representing the family of Mr. Dink". The international Reporters without Borders (RSF) organization also criticized the handling of the Hrant Dink case in a statement after the trial's 11^th hearing on 12 October, saying that "basic questions [are] still unanswered". "In hearing after hearing, the same fundamental questions remain, including the existence of a political will at the highest level to expose the truth in a case whose ramifications could turn it into a major government scandal. But one thing is now clearly established, namely the danger that the ultranationalist discourse and ideology of hate pose to Turkish society in its entirety. This danger has clearly not gone away." The press freedom organisation added: "This is also evidenced by the fact that in the past four years, some 200 Turkish intellectuals, journalists, publishers and dissidents have been tried under criminal code article 301 on charges of humiliating Turkish identity or insulting state institutions, meaning the army, police and judicial system."

The Telecommunications Communication Presidency banned access to LGBT social networking websites haydigayri.com, gabile.com andshemaleturk.com regarding "index crimes". The site administrators complained about the decision which had not been communicated to them: "The decision is the outcome of a homophobic mentality". In an announcement sent to the Turkish LGBT news protal Kaos GL the haydigayri.com site administrator declared: "haydigayri .com does not contain pornography. It is a site for lesbians, gays, bisexuals, transvestites and transsexuals (LGBTT) to find friends, get news, use forums and chat. It is stated in the entrance page of the site that membership for people under 18 is forbidden. The ban came very suddenly, we were not informed".

RSF criticized the handling of the Hrant Dink case in a statement after the trial's 11^th hearing on 12 October, saying that "basic questions [are] still unanswered". "In hearing after hearing, the same fundamental questions remain, including the existence of a political will at the highest level to expose the truth in a case whose ramifications could turn it into a major government scandal. But one thing is now clearly established, namely the danger that the ultranationalist discourse and ideology of hate pose to Turkish society in its entirety. This danger has clearly not gone away."

The Istanbul 14^th High Criminal Court had the 29^th issue of Demokratik Açılım newspaper confiscated by the reason of "praising an illegal organization" based on the news item entitled "Buried on the day of the religious festival". The article dealt with the funeral of Aliye Timur, member of the militant Kurdistan Workers' Party (PKK). The court banned the newspaper for 1 month applying article 6/last paragraph of the Turkish Criminal Code, claiming that the contents of issue no. 29 from 22 September 2009 constituted crimes. The court accused Demokratic Açılım newspaper of PKK membership, praising the organization and spreading propaganda for it. The court stated that the Public Prosecutor's Office has launched an investigation into newspaper owner and responsible manager Ziya Çiçekçi.

At this year's  Musa Anter Reward for Journalism, Volkan Eser from Taraf Newspaper was awarded in the category for Turkish news for his article "Strange Police Test: Do you have scars from stones?". Elif Görgü and Meral Peker from Ervrensel Newspaper came third for their article "Alevi Initiative from TSK". The jury did not find suitable candidates for the second and third rank in the Kurdish category. So they will give a Special Jury Award to Gün TV. The television station broadcasts in Diyarbakır and is awarded for standing up to the pressure they receive because of broadcasting in Kurdish. In the category of Turkish news journalist Mehmet Karbaş from the Batman Post Newspaper is awarded the first price for his article "Mass Grave on the Helkis Mountain" as well as journalist Hikmet Erden from the Dicle ('Tigris') News Agency (DİHA) for his article "Yaşar Kemal and Celal Talabani translated into unknown languages".

The Bakırköy Public Prosecutor's Office initiated an investigation into Turkish singer and actress Hülyar Avşar and Milliyet newspaper journalist Devrim Sevimay. Both women stand accused for "inciting the public to hatred and hostility" by their evaluation of the "Kurdish Initiative" reflected in an interview Sevimay conducted with Avşar. The actress argued, "This is the greatest insult I have ever experienced in my whole life. This is not an opening, this is a closure. I talked about this topic thinking that we were living in a democratic country. I usually understand right away what I read, but this time I could not believe it. How can this be? If I am accused by the prosecutor of insults such as hatred and hostility and of openly provoking the public to enmity just because I expressed my own views as a Turkish artist, then no-one should speak of issues such as the Kurdish initiative", Avşar stated. Also bianet protested the investigation, writing that "We are protesting this investigation. If this conversation is a crime, we are "guilty" of the same crime and by publishing the interview of the Milliyet Newspaper's website we surrender to Ali Çakır for our "crime". The International Press Institute National Committee criticized, "These comments, which are widely discussed in the daily agenda, cannot be considered a crime.The mentality that considers this a crime is a problematic mentality. We urge the authorities to remove all obstacles preventing freedom of press". The investigation resulted in the dismissal of proceedings.

On 19 September, access was blocked in Turkey to MySpace and Last FM, two of the world's largest websites for socializing. The decision to ban both sites was a result of a court case filed by the Association of Interconnected Ownership Right Phonogram Producers (MÜYAP). The Beyoğlu Prosecutor's Office took the decision on 26 June. Assoc. Prof. Dr. Yaman Akdeniz, faculty member of the Bilgi University Law Faculty, criticized the decision: "Even considering an application against pirated and illegal broadcasts, in general banning access to an internet site is a means that is left over from the era of dinosors... It is an ineffective, extreme and exaggerated procedure". Reporters without Borders announced, "Freedom of expression cannot be obstructed by copyright". The internet site sansuresansur.org called its users to show a reaction to the ban. Musician Aylin Aslım wrote on her facebook site: "Blocking access to myspace.com is serious injustice to independent musicians in Turkey. We do not want to be forced to return to music channels and record companies with their filthy politics. We want our music to be available freely to everybody who wants to listen to it". Users who wanted to access the sites in the past days had to read the following announcement: "Access has been blocked to this site due to a court decision. Access is denied by decision no. 2009/45 of the Turkish Republic Beyoğlu Public Prosecutor's Office, dated 26.06.2009." The decision to ban access to Myspace, Last FM and Akıllı TVwas taken by the Public Prosecutor's Office of Beyoğlu, a centrally located district of Istanbul. It was not authorized by the Supreme Council Telecommunication. Access to youtube.com has been blocked since 5 May 2008 on the grounds of "contents contrary to Atatürk".

The prosecutors dealing with the investigation into the clandestine Ergenekon terror organization added some documents to the file of the second indictment which, according to Cumhuriyet newspaper, reveal that the newspaper's empoyees "were wiretapped improperly and illegally". According to allegations published on 16 September, the entire contents of the telephone conversations made on duty by reporters Fırat Kozok and İlhan Taşçı have been put into the file. The newspaper announced to have noticed that also Cumhuriyet correspondant Mustafa Balbay has been wiretapped. Balbay is currently detained in connection with the Eregenekon case. Turkey Journalists Association (TGC) chairman Orhan Erinç said that the telephone tapping of the journalist's office and the central office of the newspaper means "ignorance of freedom of the press and of freedom of expression". According to the statement, the file includes contents of communications concerning journalist Balbay. Furthermore, it includes the transcript of a conversation between reporter Fırat Kozok and a member of the Radio and Television Supreme Council (RTÜK) and a transcript of a conversation recorded a few weeks before the local elections on 29 March between journalist İlhan Taşçı and Kemal Kılıçdaroğlu from the Republican People's Party (CHP), then candidate for the head position of the Istanbul Metropolitan Municipality.

The Doğan Media Group, Turkey's largest media group, has to pay € 1.7 billion (TL 3.75 billion) worth of penalty and tax cut imposed by the Turkish Finance Ministry. The International Press Institute (IPI) voiced its concern about the decision on 8 September. IPI emphasized that this "massive fine" raises concerns about press freedom in Turkey. A Turkish media corporation which preferred to remain unnamed argued that the fine means "political oppression of the media and the attempt to silence critical voices". IPI declared, "Although IPI is not in the posisiton to comment the given fine, this year's recent incidents show that the prime minister started an oral war with the media. IPI is concerned that the review was rather a political and personal account then a tax review regarding the media group's financial conditions. A heavy fine had been imposed on the Doğan Media Group after reviews of the joint ventures Doğan TV Holding, D Yapım, Doğan Production and Alp Visual Communications in 2005, 2006 and 2007.  In a statement given to the IPI Secretary in Vienna, IPI President of Turkey Ferai Tınç said, "A fine of an amount that exceeds the media group's corporate value cannot be accepted. This means seizure of the media group and destroying it". According to Doğan, the fine consists of TL 1.88 billion origianal tax claims, TL 1.88 billion as loss tax penalty, TL 60,000 irregularity fine and TL 282,000 special irregularity fine. The Turkish Journalists Society ciritcized, "The ECHR emphasizes in many decisions that the limits of the media to criticize the governemt are very extendable. Such intolerance for criticism of the political power in our country does not correspond with a democratic conept". Contemporary Journalists Association President Ahmet Abakay told bianet: "This is part of the government's attempt to tranquilize the Doğan Media Group and to bring their contents more in line with the government. In my opinion, this is dangerous in terms of freedom of the press and freedom of expression".

The Ankara Governor's Office did not permit a "Guard of Conscience" kept by Freedom and Solidarity Party (ÖDP) opposite of the Gülhane Military Medical Academy (GATA) where putschist Kenan Evren undergoes medical treatment. Preceeding the guard, ÖDP members installed a banner saying "29 years since 12 September - Putchists will be taken to account". With the "Guard of Conscience" ÖDP intended to point out that the demand for justice related to the military coup on 12 September 1980 still continues. Families of people who got killed and torture victims from the time around 12 September were going to participate in the guard. ÖDP Ankara Provincial Chairman Cevat Özdemir claimed that the interdiction did not correspond to democracy: "Applications like the provisional abolishment of article 15 of the constitution during the current discussion of the democratic initiative shows how sincere the [ruling] Justice and Development Party (AKP) really is". The Governor's Office declared that the stand was not allowed to be opened based on article 11/c of the "Provincial Administration Law". The regulation prescribes, "Peace and security within the borders of the province, individual immunity, spending related to security, the provision of the public well-being and preventive police authority is entrusted to the duty of the governor". The Governor's office stated that the banner opposed article 301 of the Turkish Criminal Code and that its exhibiting constituted an "opposition to the Law of Misconduct".

Gün TV broadcast director Diren Keser commented RTÜK's initiative for Kurdish broadcasts saying, "It is a positive step, but it comes late". The initiative paves the way to 24-hours broadcasts of private radio and television corporations in languages other than Turkish such asTRT Şeş (TRT 6) broadcasting in Kurdish. Keser from Gün TV, a Kurdish television channel broadcasting in the region of Diyarbakır, argued that he had presented his demand for broadcasting in his mother tounge to RTÜK on request of the District Office on 3 September. On 5 January 2004, the Radio and Television Supreme Council(RTÜK) issued the "Regulations about Radio and Television Broadcasts in Different Languages and Dialects Traditionally Used in the Daily Life of Turkish Citizens" which allow for 1 hour per day of radio broadcast, maximum 5 hours per week, respectively 45 minutes of daily TV broadcast not exceeding 4 hours per week. Radio programs can be published only under the obligation of publishing the same program in a subtitled version on TV right after the original broadcast. The media institutions have to inform RTÜK in advance about the contents of the program, the format and who prepared it. The regulation does not allow local media organs to broadcast any kind of children's programs in their mother tongue.

The Press Institute Association-IPI National Committee reacted to legal actions against Milliyet newspaper journalist Nedim Şener and Vakit newspaper journalist Abdurrahman Dilipak. Şener faces 4.5 years imprisonment in yet another trial opened against him. Dilipak is forced to sell his house due to compensation claims imposed on him.  The committee pointed out that the trial against Şener conflicts with article 19 of the Universal Declartation of Human Rights: "We invite the people in charge to fulfil their duty and correct this situation for the sake of press freedom". The Bakırköy Prosecution launched a trial against Şener on the grounds of his article "Two interesting schemes from the police" published in Milliyet newspaper on 9 February 2009. Şener was accused of "violating secrecy". Refering to Dilipak the organization emphasized, "Sentences for insult via the media should not reach dimensions that intend to get rid of writers, they should not reach the point where housing must be sold because of confiscation". The Press Institute Association criticized that Dilipak sold his house on the Asian side of Istanbul by way of execution. The journalist had been sentenced to a compensation fine by reason of an article he wrote about deceased former Naval Forces Commander Admiral Güven Erkaya. The article entitled "I do not give up my rights" was published in June 2000. Dilipak was forced to sell his house in order to meet a TL 167,000 (approx. € 76,000) compensation claim. Dilipak ciritcized, "Both a compensation trial and a criminal case were launched upon the article. The criminal case was dropped because the statue of limitation ran out. The compensation case was tried in my absence because my address could not be found out. The case depends on the decision. They reached me after the time of appealing had expired. The confiscation of my house was unlawful. The penalty is a huge threat and an intervention against press feedom".

Reporters without Borders (RSF) firmly condemned the one-month bans that Istanbul courts have imposed on two newspapers that defend the rights of Turkey's Kurds - the daily Günlük and the weekly Özgür Ortam - for allegedly promoting the cause of the outlawed Kurdistan Workers Party (PKK). "We urge the Turkish courts to lift these bans and to stop harassing news media that cover Kurdish issues from an independent or activist standpoint," RSF criticized that the bans have come at a time when the Turkish government claims to be seeking a peaceful solution to the Kurdish identity issue, a source of separatist violence for the past 25 years. "Freedom of opinion is fundamental in a democracy and only incitement of violence or hatred should be prosecuted. Turkish society has a right to independent and diverse news media. The Turkish government's current efforts to tackle the Kurdish issue should also include freedom of expression."

The Turkish daily newspaper Günlük has been banned for one month because of articles and news items written by linguist Prof. Dr. Amir Hassanpour, faculty member of the Department for Near East and Middle East Civilizations of Toronto University. The Istanbul 13^th Heavy Penal Court took the decision on 31 August on the grounds of article 7/2 in the Anti-Terrorism Law, claiming that Hassanpour's articles contained "organizational propaganda". Publication director Filiz Koçali criticized the decision of the ban which came 1 day after the government's announcement in the National Security Council to carry on with the democratic initiative: "We cannot talk of the 'process of a democratic initiative' when Kurds cannot speak up. The article subject to the ban has been written by internationally reknown and reputable professor Hassanpour and was previously published in international magazines and newspapers. With this decision Turkey at the same time censors an internationally reknown linguist". Democrtatic Society Party condemned the decision as well.

An art group calling itself "errorists"devised the online project "qwx-dilini çıkart" as a reaction to the ban of the Kurdish letters q, w and x. They encourage also visitors to the website to react to the ban. Each member took a picture of him/herself with their tongues stuck out and posted it in the gallery of the site, starting from 24 August. On their website, qwx2009.org, the organisers of the campaign say: "Sticking out your tongue deforms the submissive and pleasing expression power and authority expects to see. The face that sticks out its tongue disrespects power and authority by breaking codes of communication that are accepted socially. It provides the demonised other with the means to adopt an image attributed to him/herself and to re-signify it in a way that makes visible its internal other."

The Prime Ministerial Board for Broadcasts/Publications Harmful to the Underaged has decided that the book "Third Class Woman" (Üçüncü Sınıf Kadın") written by Anıl Alacaoğlu cannot be sold to under-18-year-olds and cannot be advertised. The book, so the author in a statement on 11 August, is about "the loves, sexual experiences, separations, discrimination and problems experienced by a transsexual from childhood into their twenties." Alacaoğlu said that the ban on the book was "a result of the mentality that presumes that children cannot be homosexual or transsexual.This can only be explained with homophobia and transphobia. I expected some negative reactions towards the book, but the notification we received made me worried about the outdated restrictions the book faces."

Owner of the monthly issued Bitlis Bulletin and broadcasting director of local Radio 13 İlhan Karabulut said that people were delighted about the speech of President Abdullah Gül made during his vistit to Bitlis and about his mentioning of Güroymak, the former name of the district. As a Kurd born in Bitlis and raised in Istanbul, Karabulut said that he broadcasts Kurdish songs in his radio programs, even though "we do not play political songs in order not to take a risk". Karabulut appreciates the fact that obstacles for broadcasting in Kurdish on television and radio have been removed. "We restrict ourselves in the radio programs. The radio host does not speak in Kurdish on air. But we would like that. It would be nice if the host could speak two or three hours per day in Kurdish. When people find a part of themselves they feel close to it. Because, when they hear Kurdish songs and talking, they get the original and they are happy".

Writer Temel Demirer, convicted for a speech made during the Munzur festival and tried on the grounds of a speech he made after the murder of Turkish-Armenian journalist Hrant Dink, received support from Argentina and Greece. A group of 51 people declared their solidarity for Demirer. The group consists of many left-wing MPs on Argentina's federal and state level, executives of the May Square Mothers organization, unionists, representatives of the movement of the unemployed (piqueteros), faculty members, socialist parties PO, PTS, MST, PCR, representatives of the Autodeterminacion y LibertadJorge Altamira, Luis Zamora, Patricia Walsh, Liliana Parada, Jorge Cardelli and Laura Ginsberg. From Greece Demirer is supported by the National Confederation of public workers, the Teachers Union, Paper and Print Workers Union, several union executives and left-wing intellectuals such as Savas Mihail-Matsas and Katerina Matsa. Demirer was convicted to 5 months imprisonment by the Malatya 3^rd High Criminal Court under allegations of "praising" Ökkeş Karaoğlu, member of the Maoist Communist Party/People's Liberation Army, in a speech made in Tunceli.

Melek Ulagay from the Justice for Children group claimed, "As the first step of the government's Kurdish initiative children detained under the scope of the Turkish Criminal Code (TCK) must be released". Ulugay said that the problem of children becoming victims of the TCK is entwined with the Kurdish question and that the matter cannot be assessed as a children problem only. Ulugay argued, "Children and young people mean the future. The government's Kurdish initiative affects today's generation just as much as the coming ones. Therefore, by detaining these children in prison we impose an embargo on their futures". According to data from the Ministry of Justice, a total of 1,572 children were tried in 2006 and 2007 on the grounds of terror crimes punished by the TCK or the Anti-Terror Law (TMY). 92 children out of 174 were convicted in Diyarbakır. Ulugay stated, "This is the reason why the government has to take care of this matter as a part of the initiative".

Southeastern Journalists Association Chairman Faruk Balıkçı said that the government's messages regarding the "Kurdish initiative" sparked hopes and created contentment. Balıkçı emphasized the importance of channels for free politics: "All obstacles for politics must be removed; education in the mother tongue must be recognized as an important part of cultural rights. The recognition of the right to education in their mother tongue and to express themselves freely is crucial to the Kurdish people". The association chairman furthermore demanded to stop the pressure imposed on journalist in the east and southeast of the country who report about the Kurdish question. He gave the case of DHA journalist Emin Bal as an example who is tried for "not notifying the police of slogans" when he followed up news in Beytüşşebap.

Vakit newspaper journalist İsmail Uğur was expelled by security staff from a press conference held by Ali Suat Ertosun, member of the Judges and Prosecutors High Council (HSYK) and the Court of Appeals. In the press conference, Ertosun was going to answer questions regarding a defendant from the Ergenekon case and about the "Return to Life" operation. Ertosun had Uğur removed from the room after the journalist had asked "Do you prefere to have lunch with young judges and Ergenekon defendants?" Later on, Ertosun apologized for his reaction, saying, "I am not against freedom of press. Do not hold me responsible for this incident. The sensivity stems from warnings about terror actions we received".

Nedim Şener, author of the book "The Dink Murder and the Intelligence Lies", and Rıza Türmen, former ECHR judge and writer of law articles for Milliyet newspaper, were awarded the 2009 Press Freedom Award of the Turkish Journalists Society (TGC) on the occasion of the 101. Anniversary of the First Abolition of Censorship. TGC Chairman Orhan Erinç reminded the fact that censorship has persisted in Turkey for many years: "Censorship is a problem on the agenda of our profession since we cannot ignore it considering the implementation auto-censorship based on political, economic and ideological reasons on one hand and on limitations ordered by the law on the other hand". Erinç pointed out that recently imposed internet access bans are nothing else but a turn to censorship. The society's chairman indicated, "TGC puts considerable effort into the amendment of laws regarding legal obstructions to the people's right to be informed. In this context TGC organizes seminars for journalists initiating the implementation of our professional principles". Şener emphasized that freedom of speech is being violated right along with the country turning into a society of fear. The author explained why ordinary news about a rise or the competition of 2 politicians are reprimanded: "The enforced Press Law is strict anyways. The current political rulers do not remove the obstacles regarding journalists to be tried under the TMY or the TCK; with power stemming from the legislative and the executive they create a society of fear and are most significantly supported by newspapers and television stations in line with them". Türmen said, "The fact that I received this award shows that I did my profession well. As a new journalist who just recently picked up the profession this fuels my efforts. I was busy with theory only for many years, now I am facing practice. I understand now that freedom of the press actually is a part of the journalist's life itself, it is an essential area".

The Journalists Union of Turkey (TGS) declared that the need for the struggle against auto-censorship is more urgent than ever since it serves the implementations of the legally strengthened political power to eliminate media bosses by censorship. TGS announced, "Arrest warrants were issued and hundreds of investigations and trials were launched related to journalists and intellectuals who struggle against censorship, resist against political pressure and are brave enough to use their right to criticism. This threatens the future of a democratic society". The union stressed the reasons for the decisions taken by the European Court of Human Rights, "Every sort of opinion should be assessed in the context of press freedom and freedom of expression, however staggering and shocking it may be - as long as it does not imply a call for violence".

Friends of Infantry Private Bahdır Han Solak were taken into custody on 15 July for displaying a banner saying "Our martyrs come from the poor" at the funeral of the soldier. Solak had been killed by ammunition which exploded accidentally in Yükselova in the provice of Hakkari. When the coffin was taken into the hearse, the soldier's friends displayed the banner with the slogan "The road to Yemen is made from dirt, the mess kit is made from copper, he mariner shoud pay the price, our martyrs are made from the poor". The funeral was held at the Yusuf Ziya Third Mosque in the Maltepe District of Istanbul. 2 of Solak's friends were arrested by the police.

R.Şevket Yılmaz is detained in the Kocaeli No. 1 F Type Prison on the grounds of contents of the humorous political Sarlo magazine which allegedly humiliate the Prime Minister and praise terrorist organizations. Yılmaz stated in his defence that he did not include the contents the accusations are based on into the magazine's July issue himself. In an announcement regarding the incident from 15 July, the magazine's editorial board said: "This shows that the isolation politics imposed on political prisoners is being continued systematically". Yılmaz writes in his letter that the magazine was banned for "humiliating the Prime Minister of the Turkish Republic" because of the heading "Pump Recep" and for "publishing statements that praise an illegal terror organization" in the section entitled "Red Kurd". The statute regarding the Penalty Enforcement Boards Administration and the Penalty Security Precautions Enforcement has been quoted as a reason for the decision. Additionally, the verdict was based on the fact that Institutions for the Execution of Punishment, Detention Centers Libraries and Library Regulations "do not accept any publication that endangers the institution's security, furthermore obscene news, writings or photographs and comments determined as compromising the institution". The cover of the issue in question shows İlker Başbuğ who referred to the coup plans as a "scrap of paper".

The Association of European Journalists (AEJ) called the TRT management to end applications like the pressure imposed on the Media and Communication Workers Union (Haber-Sen) management. AEJ explained that members of Haber-Sen working for TRT were put under pressure for "their demand that TRT should provide independent and unbiased public service". AEJ announced that Haber-Sen members working at TRT were exposed to discrimination. A number of executives were deposed from office by the TRT administration and investigations have been launched into their activities. According to AEJ,Osman Köse, member of the Haber-Sen Central Executive Committee and journalist at TRT, was deposed from office for the duration of the investigation launched about him. The G9 Journalists Platform demanded to cancel all investigations launched into TRT employees who are union members and to avoid a political struggle in a public media institution. Otherwise, the "independant and unbiased" character of TRT defined by article 133 of the constitution and by the TRT statute merely remains for the record. TRT has always been under control of the government that appoints the president of the steering board and the chief executive officer".

The Diyarbakır 1st Criminal Court of Peace confiscated the 8 July 2009 issue of the Azadiya Welat newspaper because it reported the claims of a 23-year-old woman who said she had been raped by men claiming to be police officers. The news item used the Dicle News Agency (DİHA) as a source, saying that the woman was a member of the Democratic Free Women's Movement (DÖKH). The newspaper also cited representatives from the Human Rights Association (İHD), which said that four more women had made the same complaint within the last week. Following a complaint by the Diyarbakır Police and the demand of the Diyarbakır Chief Public Prosecution, Judge Dursun Karaman decreed the confiscation of the paper. Around 1,000 copies of the issue were collected by evening. The daily newspaper, which publishes in Kurdish, said in an article on page 1 and 7 of the issue, entitled "New State Policy in Diyarbakır: Rape": "On 30 June, Mustafa Sağlam was transferred to Diyarbakır as Chief of Police. Since then, dozens of women have become victims of rape by police and have applied to the Human Rights Association." The judge decreed that the article did not reflect the truth, was made up of lies, and incited hatred and hostility. Ozan Kılınç, license holder of the newspaper, said that a criminal complaint regarding the claim of rape was made to the Diyarbakır Chief Public Prosecution on 8 July, that the prosecution had accepted the complaint and spoken to the victim.

According to a report published by the World Bank, Turkey ranks 122^nd among 212 countries as far as freedom of expression, press and association and participation in elections are concerned. In the last 12 years, Turkey ranked best in 2005, but has been in decline since. Madagascar, Indonesia and Tanzania all ranked higher than Turkey in 2008.

On 18 June, the Constituitonal Court decided to hold on to the amendments of the Anti-Terror Act made on 29 June 2006 which laid the base for one-month publication bans to be imposed to newspapers. The 10^th President of Turkey Ahmet Necdet Sezer demanded the abrogation of some provisions that were opposing the Constitution. The Constitutional Court rejected the demand to lift the provision that enables a publication ban of 15 days to one month. According to this, "Publications can be banned for up to one month by decision of the judge and by order of the Public Prosecutor's Office in case of objection if the publication contains public encouragement to commit criminal offences on behalf of a terror organization, praising of crimes and criminals or propaganda for a terror organization. The Public Prosecutor informs the judge within 24 hours the latest. The decision is void if the judge does not approve it within 48 hours". This regulation wil remain in force. In case of having spread propaganda for a terror organization, owners and responsible managers of press and publication organs can be exposed to monetary fines corresponding to 1000-10,000 days imprisonment. This provision was lifted only for "publication owners". According to the decision, publication owners cannot be held responsible for "propaganda for a terror organization".  Additionally, "if any of the offences defined above are committed by periodicals their publishers shall be punished additionally by the imposition of fines corresponding to 1000 to 10,000 days of imprisonment. The upper limit for publication mangers is 5,000 days". The term "owners of publication organs" was removed. Thus, media owners are exempt from the provion that "those who found organizations as specified in Article 1 under any name or who organize and lead activities in such organisations shall be punished with imprisonment of between 5 and 10 years and with a fine of between 200 million and 500 million Turkish liras; those who join these organizations shall be punished with imprisonment of between 3 and 5 years and with a fine of between 100 million and 300 million Turkish liras". Günlük newspaper publication director Filiz Koçali describe the regulation as a "desperate situation" since it provides the possibility to ban publications without a trial at the Constitutional Court.

Ferai Tınç, president of the IPI National Committee, and Ahmet Abakay, president of the Contemporary Journalists' Association (ÇGD), have criticised Chief of General Staff İlker Başbuğ for saying, "An asymmetrical psychological operation is being carried out via the media". The utterance was made in a press briefing, in which Başbuğ had criticised the publication of an alleged "plan against reactionary forces". Tınç and Abakay both criticised the general for targeting the media.

On 18 June, Miklos Haraszti, the OSCE Representative on Freedom of the Media, asked Turkish authorities to drop charges against journalist Nedim Şenerfor his investigative book on the murder of fellow journalist Hrant Dink, and called for urgent reform of laws that restrict freedom of expression. "Şener is prosecuted in defiance of freedoms that both OSCE commitments and Council of Europe standards grant to critical publications," wrote Haraszti in a letter to Foreign Minister Ahmet Davutoglu. "What he did was critically assess the events leading up to Hrant Dink's murder, and the deficiencies afterwards in the handling of the case and in the prosecution of the perpetrators." "Justice must not be degraded into an act of revenge by the criticized authorities," said Haraszti. Şener, a journalist for newspaper Milliyet, faces up to 28 years of imprisonment for writing a book, entitled The Dink Murder and Intelligence Lies. The book alleges that security forces failed to stop the murder of the well-known Turkish-Armenian writer in 2007, and cites alleged incidents of negligence by gendarmerie, police and national intelligence officers working on the case. "Media freedom commitments may be complied with only if fact-finding journalism receives the full backing of the law, and inaccuracies, if any have occurred, are not criminalized," wrote Haraszti in the letter. "There exist legal provisions in Turkey that could be misused to curb freedom of expression and information," he added. "The Criminal Code, the Press Law, the Anti-Terrorism Law, and the recent Law No. 5651 on Internet regulation all need to be modernized so that they cannot be used to restrict speech rights." "By dropping the charges against Sener, Turkey could now stop punishing the messengers of unwelcome news, and instead carry out much-needed legal reform to ensure freedom of expression."

Prior to a visit by PM Erdoğan to Kars, AKP mayor Nevzat Bozkuş had two sculptures of women removed from in front of the municipal building on 14 June. The sculptures had been made in Istanbul in 2006. According to the Çağdaş Kars Haber newspaper, the sculptures have been taken to the municipal depot. The Kemer Gözcü newspaper in Antalya has reported that Kemer mayor Mustafa Gül ordered the removal of a sculpture called "Rain of Love" (Aşk Yamuru), made by Zafer Sarı in 2007, from the Çınarlı junction.

On 12 June, the General Staff Military Court announced a publication and broadcasting ban on the "Plan against AKP and Gülen", first reported on by theTaraf newspaper on 12 June, arguing that the news concerned national security, public order and public safety, and that an investigation into the alleged document was under way.

On 9 June the Istanbul 12th Heavy Penal Court handed down a one-month publishing ban to the daily Günlük newspaper for "spreading PKK propaganda" in two issues of the paper. Judge Necat Ede cited Article 6/end of the Anti-Terrorism Law, an article which former President Ahmet Necdet Sezer had asked the constitutional court to reconsider. The court declared on 5 September 2006 that it would consider the objection, but nothing there have been no developments in the last three years. The issues in question were published on 1 and 2 June 2009. For the first issue, a picutre of imprisoned PKK leaderAbdullah Öcalan prompted a one-month closure. For the 2 June issue, a column entitled "Operations must be stopped" by Hüseyin Ali and an article byTeoman Deprem entitled "PeKeKe or PeKaKa?" caused a second ban to be handed down. In his column, Ali had referred to the extension of a unilateral ceasefire by the KCK (Koma Civaken Kurdistan, the Union of Kurdistan Societies), the umbrella organisation that includes the PKK. He had written, "everyone must be aware of the value of this, and democratic forces must use this period for a solution." Deprem had written that those pronouncing the PKK as "PeKaKa" (i.e. according to the Turkish alphabet), were not in support of a solution to the Kurdish question. He said that the name of the organisation should be pronounced "PeKeKe", i.e. according to the Kurdish alphabet. In addition, writers for the Günlük newspaper, among them Cevat Düşün, Ragıp Zarakolu, Ziya Çiçekçi and Veysi Sarısözen, are on trial, facing possible imprisonment. In a statement in December 2008, journalist and publisher Ragız Zarakolu had said that of the newspapers publishing in Kurdish or focusing on the Kurdish question, 21 had faced 46 publishing bans since 2006. Following that statement, newspapers such as Özgür Yorum, Politika, Analiz and Ayrıntı were banned again. The Istanbul 10th Heavy Penal Court decreed a one-month ban for the weekly Özgür Yorum (Free Interpretation) newspaper for its 14-20 March 2009 issue. All of the articles in the issue were considered problematic. The weekly Politika newspaper was handed a one-month publication ban by the Istanbul 11th Heavy Penal Court for articles which appeared in its 14-20 February issue. On 28 February, the weekly Analiz newspaper was also given a one-month ban for its 28 February-6 March 2009 issue. On 26 January, the Istanbul 14th Heavy Penal Court handed the weekly Ayrıntı (Detail) newspaper a one-month ban for articles in its 5th issue of 24-30 January 2009.

This years Freedom of Expression Prize of the Turkey Publishers' Union (TYB) was awarded to Nedim Gürsel, who is on trial for "denigrating religious values" and "inciting hatred and hostility" with his novel "Allah's Daughters", İrfan Sancı, owner of Sel Publications, who has been accused of publishing "obscene" books", and Naci İpek, who has owned a bookstore in Şanlıurfa for 54 years.

The Sixth Istanbul Gathering for Freedom of Expression brought together rights activists from European and Black Sea countries and people facing oppression for their opinions in Turkey. Former MP Mahmut Alınak, Agos newspaper's former license holder Serkis Seropyan, writers Temel Demirerand Abdurrahman Dilipak, Marmara University lawy student Ceren Baykal, conscientious objector Doğan Özkan, caricaturist Halil İbrahim Özdabak,Mehmet Tursun, whose son was killed by a police bullet, Taraf reporter Mehmet Baransu, Bora Bengisu from the LambdaIstanbul Association andAlp Selek, father of sociologist Pınar Selek who is accused of having bombed the Spice Bazaar, all spoke about their experiences at the gathering organised by the Initiative against Crimes of Thought at the Istanbul Bilgi campus from 22 to 24 May.

On 12 May, the access ban to the DailyMotion website handed down by the Beyoğlu Chief Public Prosecution on 24 March was lifted. The same site had also been closed in August 2008, without any reason being given. Other sites that have been banned include Myspace and Wordpress. In addition, thegeocities.com website has been inaccessible since the Ankara 9^th Criminal Court of Peace decreed a ban on 4 February 2008. Freedom of expression activists, academics, lawyers, journalists and Internet users have protested against the bans. The websites of Richard Dawkins and the educational trade union Eğitim-Sen have been closed because of complaints by creationist Adnan Oktar. Google Groups and the Vatan newspaper website have also been closed. Dozens of other websites that have been blocked include YouTube, the alternative dictionary EkşiSözlük, and blogger.com.

On 9 May, the Istanbul Branch of the Human Rights Association (İHD) awarded its 2009 Ayşe Nur Zarakolu Freedom of Expression Prizes to Füsun Erdoğan, detained broadcasting director of Özgür Radio, former DEP MP Mahmut Alınak and writer Temel Demirer. İHD branch president Gülseren Yoleri emphasised that freedom of expression was a basic human right.

At the beginning of May, Olli Rehn, Enlargement Commissioner of the EU, said in a speech about Turkey's democratization process in the European Parliament that there was close observation of the Kurdish issue, the Ergenekon trial and freedom of expression and that these issues would be reflected in the progress report in autumn.

Istanbul prosecutor Zekeriya Öz has informed the defense lawyers in the Ergenekon investigation of the ban on examining files and taking samples of documents. Öz said that this decision had been taken by the Istanbul 14^th High Criminal Court on 13 April in order to avoid information read or taken by lawyers to be leaked to the public or the press, thus violating the secrecy of the investigation. All media organs were also informed of this ban.

Terry Davis, general secretary of the Council of Europe, warned on 3 May that press freedom should not be sacrificed to anti-terrorism laws. He said that the freedom to receive or make news was indispensable in a democratic society. He called on the member states, of which Turkey is one, to follow Article 10 of the European Convention on Human Rights in their legislation.

The Turkey Journalists' Trade Union (TGS) and the European Journalists' Federation (EFJ) organised a conference entitled "Freedom of Press and Expression in Turkey on the Way to the EU: Obstructions and Problems" on 3 May, International Press Freedom Day. Participants included Arne König, president of the EJF and EJF representative Pamela Moriniere, Orhan Erinç, president of the Turkey Journalists' Society (TGC) and former presidentsNail Güreli and Ziya Sonay, Doğan Tiliç of the European Union of Journalists, Ahmet Abakay, president of the Contemporary Journalists' Association (ÇGD), and Cafer Esendemir, president of the Çukurova Journalists' Society. Also invited were Sultan Özer from the Günlük Evrensel newspaper, which has taken the accreditation ban by the Prime Ministerial Office to court, Rahmi Yıldırım, writer on sansursuz.com, who has taken his trial under Article 159 to the Supreme Court of Appeals, Yalçın Ergündoğan, on trial for insult, Akın Bodur, receiver of many awards for his journalism in İskenderun, and journalist Hacı Boğatekin, the journalist detained for his criticism of local authorities in Adıyaman. Around 300 academics, lawyers, journalists and trade unionists participated in and watched the conference.

Ercan İpekçi, president of the Turkey Journalists' Trade Union (TGS), announced in the four-month report on press freedom violations that prosecutors had sent 719 files to the Ministry of Justice for approval of prosecution under Article 301 in that time. The Ministry gave permission for investigation and prosecution in 73 cases, concerning 96 people. In the same period, six magazines and newspapers were confiscated or received publication bans under the Anti-Terrorism Law, and the Telecommunication Directorate blocked access to 1,631 Internet sites. RTÜK handed 89 warnings to radio stations and 129 warnings to TV channels, gave 35 media organs 39 programme ban punishments, and 22 administrative fines to 15 media organs. RTÜK further notified the Supreme Election Board of 41 violations of the election law by 31 radio stations and TV channels.

Publisher Ragıp Zarakolu, president of the Turkey Writers' Union (TYB) Publication Freedom Committee, announced that many publishers censored themselves on issues such as the claims of the Armenian Genocide. Zarakolu, who owns Belge Publications, said that the event that was denoted a genocide in many countries was still not fully discussed in Turkey. He argued that only a free discussion could lead to healthy results, something he had also said before being convicted under Article 301.

Abdullah Karakuş, reporter for the Milliyet newspaper, has won his case about the cancellation of his accreditation by the Prime Ministerial Press Centre at the Ankara 9^th Administrative Court. The court argued that the cancellation violated laws and press freedom and discouraged independent journalism. In November 2008, several journalists had been stopped from attending Prime Ministerial and Cabinet events.

Michael Cashman, chair of the European Parliament's Gay and Lesbian Rights Working Group expressed the concern of the group for the future of the Lesbian, Gay, Bisexual, and Transgender (LGBT) rights group Lambdaistanbul. The Lamdaistanbul association is facing a closure trial on 30 April, and Cashman hopes "that the local court will come to a decision that allows for the freedom of association of LGBT individuals." He added, "If Turkey joins the European Union, it must treat all people equally and respect the rights of all its citizens."

On 17 April, the Istanbul 14th High Criminal Court decreed the confiscation of a novel entitled "Decisions more difficult than death", concerned with the military coup of 12 September 1980. The book had been published by Belge Publications in September 2008 and was written by N. Mehmet Güler. The Istanbul Chief Public Prosecution argued that the book contained propaganda of an illegal organisation and incited the public to commit crimes. Güler said, "I wrote a fictional novel about the tragedy created by the 12 September period and continuing over a quarter of a century, based on the themes of war and love. It is shameful that the words of characters in a novel are being tried."

For the annual evaluation speech of Chief of General Staff İlker Başbuğ, the Turkish Armed Forces (TAF) invited some media organs that had been excluded before. Thus, Star newspaper journalist Mustafa Karaalioğlu, Sabah newspaper journalist Erdal Şafak, Yeni Şafak newspaper journalist Fehmi Koru were among those going to the event at the War Academies Command for the first time. In addition, several other journalists known for their criticism of the TAF's interference in political life were also present: Mehmet Altan (Star), Hasan Cemal (Milliyet newspaper), and Ali Bayramoğlu (Yeni Şafak). However, like in the past, no representatives of the Birgün, Günlük Evrensel, Taraf, Zaman, Vakit and Günlük newspapers or Hayat TV were invited. In an article entitled "Turkish Media in Military Environment", published in Hürriyet newspaper on Wednesday, 15th April, Ahmet Hakan wrote that there was an embargo on the Taraf, Zaman and Vakit newspapers.

Speaking at the Journalism Success Awards night on 13 April, Orhan Erinç of the Turkey Journalists' Society (TGC) said that there had been no development in freedom of expression or towards solutions to journalists' problems in the last ten years. He started his speech with the speech that former TGC president Nail Güreli had read on 11 October 1999, saying, "There has been no development. On the contrary, we lost Ahmet Taner Kışlalı andHrant Dink in gun attacks and İsmail Güneş on duty. There are hundreds of colleagues who are attacked, threatened and tried, and whose offices are searched." He pointed out that Turkey ranked 106th among 134 countries in terms of press freedom.

On 11 April, the Istanbul 13th High Criminal Court decreed that the daily Kurdish Azadiya Welat newspaper and the weekly Özgür Mezopotamya (Free Mesopotamia), which had just started being published, should be banned from publishing for one month.  Emine Demir, license holder and editor of the Azadiya Welat newspaper, said that this ban showed the insincerity of the government's attempts at a solution to the Kurdish question.  The court said that the newspaper had reported announcements of the organisation (i.e. the PKK) and spread organisational propaganda on seven of its pages, thus violating the Anti-Terrorism Law No. 3713. One reason given for the ban of Özgür Mezopotamya was a feature on the families of two young men, Mustafa Dağ andMahsum Karaoğlan, who died when the police intervened with a march to the natal village of imprisoned PKK leader Abdullah Öcalan on his 60th birthday. Another news item which pointed to 31 locations in the Cizre and Silopi districts of the southeastern Şırnak province as mass graves was also considered part of the crime.  It has been said that a news item on the 8th page which discussed the results of a survey on Barack Obama in the USA, entitled "Wind of Socialism in the USA"  (Bayê sosyalîzmê li Amerîkayê gur dibe) was also considered part of the "organisational propaganda." In the 11 April 2009 issue of Azadiya Welat, articles on the pages 1, 2, 3, 4, 5, 6 and 8 were considered as part of organisational propaganda.  An interview withAbdullah Öcalan's lawyers, commemoration adverts, another article on Obama and thankyou advertisements by winning mayoral candidates of the pro-Kurdish Democratic Society Party (DTP) were all put into the indictment. Demir criticised the fact that the government now allowed a state-run Kurdish TV channel (TRT 6) and opened Kurdology departments at universities, but was banning the only newspaper in Kurdish, saying that this showed the insincerity of the government. Referring to the fact that one reason for the publication ban was statements by Öcalan, Demir argued that even MPs of the ruling Justice and Development Party (AKP) were saying that a solution to the Kurdish question needed to take the PKK into account. "All newspapers show Öcalan's photos and cite his statements. It is normal for us to cover Öcalan's statements, both because of demands of our readers and because Öcalan is a part of the solution. This decision is antidemocratic."

The Istanbul 9th Heavy Penal Court has decreed that the weekly Atılım newspaper will not be allowed to publish for a month, saying that the newspaper's coverage of statements by the Marxist Leninist Communist Party (MLKP) in its last issue amounted to propaganda for the organisation. On 4 April, the court also decided to block access to the newspaper's website, www.atilim.org. The court said that the newspaper had "clearly committed" the crimes outlined in Articles 6/2 and 7/2 of the Anti-Terrorism Law, and cited Article 25/2 of the Press Law in its justification for forbidding publication, distribution and sales of any edition of the newspaper for a month. Article 6/end, dealing with the intention and seriousness of a crime, was cited in the justification for blocking access to the website. The front page headline of the last issue had referred to the local elections on Sunday, 29 March, saying, "The poll boxes have collided, now it's time for the streets." In addition, Ender Bulhaz Aktürk, an alleged MLKP member who has been accused of killing a police officer in Bursa, western Turkey, was described as a "communist fighter" in a news item reporting claims that he had bee tortured in detention. There were also statements concerning the upcoming 1 May and evaluations of the election results in the last issue.

When trade unions, professional associations, political parties and NGOs gathered in Ankara on 6 April to protest against the visit of US President Barack Obama, the police intervened. They attacked people trying to march towards parliament and took 21 ÖDP members into custody. Around 500 people had gathered and shouted slogans.

6 April 2009 was the 13th time that the Day of Killed Journalists in Turkey was commemorated. Journalists met at the grave of Turkey's first victim, Hasan Fehmi, the editor of the Serbesti newspaper who was killed in 1909, 100 years ago. Orhan Erinç, president of the Journalists' Society of Turkey (TGC) said that 62 journalists had been killed in Turkey. Without addressing him explicitly, Erinç callled on Prime Minister Recep Tayyip Erdoğan to extend the message of tolerance sent to the world with the "Alliance of Civilisations" summit in Istanbul to the press. "We expect the facilities for journalists to be developed, and we expect tolerance instead of boycott calls when journalists publish news that does not suit someone."

The ban on accessing YouTube from Turkey leaves its first year behind as the government fails to acknowledge the issue. Mustafa Akgül from Internet Technologies Association (INETD) urges to leave the "mentality of censorship behind."The video sharing site had been banned by court order on grounds that it included videos insulting Atatürk -the founder of modern Turkey- and appraisals for the PKK. Similar ruling against Dailymotion, Geocities andMyspace followed suit. Akgül emphasizes that Law 5651 on the struggle against cyber-crimes should be amended but this alone wouldn't provide a solution to the problem."Any one court in Turkey could cease access to a web site as a precaution, without consulting anyone." He claims that "harmful content" could be filtered out, without the need to block access totally and NGOs working on the field could be functional in this respect. "The state should leave content control to citizens. That should be the principle."Akgül proposes establishing specialized courts on cyber-crimes and educating legislative officers on the issue. PM Erdoğan had confessed to journalists that he was avoiding the court order and accessing YouTube, during an interview on November 2008. "You should also do it," he conveyed. According to Ercan İpekçi of Turkey's Union of Journalists (TGS) access to 1 631 web sites have been banned since the introduction of the law. Yet it's technically possible to walk around the court censorship.

Non-governmental organizations working on IT related fields celebrate Internet's 16th birthday in Turkey with a series of events until 21 April.  Mustafa Akgül from IT NGOs Platform said that their aim is to make everyone think and discuss the Internet for coming two weeks. "Internet is the conveyor of the information society. That's why governments around the world are trying to render their citizens Internet literate, enabling them to connect easily and cheaply, transforming their administrative process as to comply with the Internet." Citing statistics, Akgül noted that there are approximately 30 million Internet users, 2.6 million computers in Turkey. "33 percent of our people frequently use the Internet while 65 percent have never had access. In rural areas, this rate rises to 80 percent of the population."

MHP Mayor Mustafa Gül from the Kemer district of Antalya removed the "Monument of Love" from Çınarlı junction. Gözcü newspaper criticized the mayor in an article entitled "And he removed the monument", saying that the removal of the monument was one of Gül's promises in the run-up to the elections. Apparently, AKP Kemer Provinical Chair Zafer Yaman had described the statue as an "attack on women's rights" and citizens had named the junction "porno junction". Gözcü newspaper reminded that Gül criticized the monument the day it was installed. He said, "Citizens of Kemer and tourists requested to remove the monument. It was not accepted by tourists and locals. We did what they requested. We will build something for the benefit of tourism at the same spot". Creator of the monument Zafer Sarı stated to file a criminal complaint based on copyright: "Mayor Mustafa Gül could have asked me when he removed the monument. I do not know what to say. I am very sorry".

According to the Gaziantep Journalists' Society (GGC) there have been rumours that employees of the local Telgraf, Hakimiyet and Güneş newspapers were banned from entering the municipal building after the local elections on 29 March. The GGC said that they did not want to believe the rumour but would condemn the ban if it were true. Hakimiyet reporter Hakan Yağlı and Telgraf reporter Hasan Akpınar had gone to the municipal building to investigate claims that issues of the three critical newspapers were not allowed in the building prior to the elections. The two journalists later said they had been refused entry. Abdullah Sabri Kocaman, GGC president and owner of the Hakimiyet newspaper, said that they would continue to monitor public offices. Metropolitan mayor Asım Güzelbey then organised a press briefing on 2 April, saying that there had been a misunderstanding.

Rights activists called on the Ministry of Justice to act, stating that the health of four inmates in Erzurum prison, who are on hunger strike since 23 February, is deteriorating. Cihan Alkan, Bozo Açlan, Aydın Atalay and Abdulvahap Karatay are among the 154 inmates who went on hunger strike in turns, to protest right violations in the prison. Allegedly, books and publications in Kurdish aren't allowed, the inmates' right to exit to courtyard together is obscured, they aren't allowed to talk to their families in Kurdish on the phone and arbitrary disciplinary punishments are given.  In a joint statement, rights defenders Esra Çiftçi, Yüksel Mutlu, Murat Çelikkan, Yusuf Alataş, Ataol Behramoğlu, Adil Okay, Ahmet Telli, Baskın Oran, Ercan Kanar, Gün Zileli, Hicri İzgören, Metin Bakkalcı, Nihat Behram, Oral Çalışlar, Şanar Yurdatapan, Şükrü Erbaş and Temel Demirer requested an immediate end to such practices. Speaking during a press statement, Democratic Society Party (DTP) MP Hasip Kaplan criticized the conditions in prisons as "worse than the 1980 coup period."  Human Rights Association (İHD) chair Öztürk Türkdoğan said that they have repeatedly warned and informed the authorities about the severity of the situation and they failed to act. Turkey's Human Rights Foundation (TİHV) chair Metin Bakkalcı noted that currently there're 108 thousand people in prisons across the country. "If the situation isn't improved, hunger strikes will result in deaths."

Ragıp Zarakolu, president of the Turkey Publishers' Union (TYB) Publishing Freedom Committee, says he has seen an increase in the ban of books in the last two years. As the most negative example he gave the book "Cultural and Art Revolution" by Abdullah Öcalan, which was confiscated while still being printed. The book was going to be published by Aram Publications. Zarakolu said that a book entitled "Defence of the Revolutionary Road- Before and After 12 September" (Simge Publications) was also confiscated before being published. Its trial ended in an acquittal. The publisher spoke of Turkey having gone back 20 years in terms of publishing freedom. He also gave an example of what he called the abuse of the law to stop the freedom of criticism: "Üstün Akmen, former president of Turkey's PEN and president of Turkey's branch of the International Theatre Critics' Union (TEB) has been taken to court by the Keşan district governor (kaymakam) for "insults" after criticising the administration for obstructing the staging of the play "A fairy tale for grown-ups: Hırsızistan (Country of Thieves)". Publisher İrfan Karaca of Berçem Publications has received 1 year and 3 months imprisonment for publishing the book "Ape Musa's Generals". Hüseyin Gündüz, owner of Do Publications, has been sentenced to paying 16,660 TL for publishing Sertaç Doğan's book "Şırnak is burning 1992", accused of spreading organisational propaganda. Gündüz was also taken into police custody for two days after the police raided the publishing house on 9 May 2008 and confiscated copies of the book "Honourable President" by Medeni Ferho.

The Istanbul 10th High Criminal Court handed down a one-month publishing ban to the weekly Özgür Yorum newspaper, citing all the articles that appeared in the 14-20 March 2009 issue as a reason.

In a statement in December 2008, journalist and publisher Ragıp Zarakolu had said that of the newspapers publishing in Kurdish or focusing on the Kurdish question, 21 had faced 46 publishing bans since 2006. Following that statement, newspapers such as Özgür Yorum, Politika, Analiz and Ayrıntı were banned again.The Istanbul 10th High Criminal Court decreed a one-month ban for the weekly Özgür Yorum (Free Interpretation) newspaper for its 14-20 March 2009 issue. All of the articles in the issue were considered problematic.The weekly Politika newspaper was handed a one-month publication ban by the Istanbul 11th High Criminal Court for articles which appeared in its 14-20 February issue. On 28 February, the weekly Analiz newspaper was also given a one-month ban for its 28 February-6 March 2009 issue.On 26 January, the Istanbul 14th High Criminal Court handed the weekly Ayrıntı (Detail) newspaper a one-month ban for articles in its 5th issue of 24-30 January 2009.

The Gaziantep Journalists' Society (GGC) said that it had heard that, following the 29 March local elections, journalists from the local Telgraf, Hakimiyet and Güneş newspapers were not allowed into the Metropolitan Municipal building. The society said that it did not want to believe this, but if it was true, they condemned it. Hakimiyet newspaper reporter Hakan Yağlı and Telgraf reporter Hasan Akpınar also said that they had not been taken into the building when they had gone to ask about allegations that issues of their newspapers that had been critical of the municipality had not been taken into the municipal building. Abdullah Sabri Kocaman, president of the GGC's managing board and licence holder of the Hakimiyet newspaper, said that they would continue to monitor public administration. Following his statement, municipal mayor Dr. Asım Güzelbey said that there had been a misunderstanding: "I found out that one of our bureaucrats was getting personal. As soon as I found out about it, I put a stop to it. My civil servants do not get involved in politics." Among the 13 newspapers that Güzelbey published advertisements in after his election, Telgraf, Güneş and Hakimiyet were not included.

Human rights activists announced in a press briefing in Ankara that the condition of hunger strikers Cihan Alkan, Bozo Açlan, Aydın Atalay and Abdulvahap Karatay  was worsening. The four had started an unlimited hunger strike on 23 February, protesting against conditions in prison: they were not allowed to receive Kurdish books or publications, shared time outside of the cell was being prevented, and telephone conversations in Kurdish were being prevented. Greeting other prisoners in corridors was being punished with disciplinary measures. The activists called on the Ministry of Justice to act quickly to find a solution. On the 39th day of the hunger strike, Esra Çiftçi, Yüksel Mutlu, Murat Çelikkan and Yusuf Alataş wrote a statement, supported byAtaol Behramoğlu, Adil Okay, Ahmet Telli, Baskın Oran, Ercan Kanar, Gün Zileli, Hicri İzgören, Metin Bakkalcı, Nihat Behram, Oral Çalışlar, Şanar Yurdatapan, Şükrü Erbaş and Temel Demirer. 150 political prisoners are taking it in turns to support the hunger strike. The activists said that regulations published by the Ministry were not being applied.

The Diyarbakır province election board has claimed that Gün TV, a local TV station broadcasting in the southeastern province and wider area, has favoured the pro-Kurdish Democratic Society Party (DTP) on its channel. The TV channel has been told that its punishment is a six-day ban on its 7.30 pm main news programme. When the Yenişehir district election board handed down the punishment on 11 March, broadcasting editor Diren Keser appealed to the Diyarbakır election board. However, the latter approved the decision on 14 March. The decision cited Article 4 of Law 3984 on Radio and TV institutions and broadcasts, which says that broadcasts must provide equality of opportunity to all political parties and democratic groups, must not broadcast one-sided, biased programmes, and must not violate certain broadcasting limitations in pre-election periods. The punishment was put into practice on Sunday, 15 March, and the main news programme will not be broadcast until 21 March.

A campaign to free Kurdish politician Leyla Zana has been started by rights activists, among them writers Bilgesu Erenus, Murathan Mungan, Şeyhmus Diken and Ragıp Zarakolu, human rights activists Hürriyet Şener, Eşber Yağmurdereli and Şebnem Korur Fincancı, journalists İnci Hekimoğlu and Ragıp Duran. Speaking at a press briefing at the Chamber of Mechanical Engineers in Istanbul yesterday (16 March), they have called on the Supreme Court of Appeals to overturn the 10-year prison sentence, and on the Turkish Parliament to lift all legal obstructions to the freedom of expression. The press briefing was participated in by lawyer Eren Keskin, Leman Yurtsever from the Human Rights Association (İHD), lawers Ergin Cinmen and Ayşe Batumlu, writers Erol Özkoray and Nemciye Alpay, and conscientious objector Halil Savda. The Diyarbakır High Criminal Court has sentenced Leyla Zana to ten years imprisonment for speeches she made. For Eren Keskin, "The aim of the campaign is to make sure that all ideas are free in Turkey. On the other hand we demand that the present impasse concerning the Kurdish question be solved and political prisoners be freed. As long as people are tried for dissident thoughts, there can be no democratisation."

The Word Association of Press Councils (WAPC), of which Hürriyet newspaper editor Oktay Ekşi is president, has condemned the taxing of the Doğan Media Group with 490 million dollars. Chris Conybeare, WAPC General Secretary, said, "We support the International Press Institute (IPI) and other international organisations that doubt whether the fine handed to the Doğan Media Group was warranted." The statement also said that the size of the fine, together with PM Erdoğan's scolding of the media in public pointed to attempts to strangle the media. As a protest against the PM's increasing interference with the media, the Cumhuriyet newspaper published an issue with blank front and back pages.

Following a speech in Kurdish by DTP co-chair Ahmet Türk during his party's parliamentary group meeting, General Metin Gürak said in a weekly press briefing at the General Staff, "Everyone has to act according to the constitution and law. It is natural for the judiciary to take action against anyone violating the laws of the rule of law." When journalists asked Gürak about the Kurdish broadcasts on the state TRT 6 channel, he said, "The state can initiate certain projects in the cultural area, provided that precautions are taken to safeguard the unitary state and the nation-state structure."

In France, a campaign in support of Leyla Zana was started on 10 February, and many intellectuals signed it. In the report by the European Parliament's Foreign Affairs Committee, problems regarding the freedom of expression, Leyla Zana's court case under Article 301 was cited. The EU had awarded Zana the Sakharov Prize in 1995.

The Human Rights Report 2008 on Turkey published by the U.S. Department of State's Bureau of Democracy, Human Rights and Labor listed many threats to the freedom of expression and press freedom caused by Article 301 of the Turkish Penal Code and the Anti-Terrorism Law.The report on Turkey is part of a general human rights report covering all countries outside of the USA. The report states that it is not possible to criticise the state and the government freely and without fear in public: "The government limited freedom of expression through the use of constitutional restrictions and numerous laws, including articles of the penal code prohibiting insults to the government, the state, the 'Turkish nation,' or the institution and symbols of the republic. Limitations on freedom of expression applied to the Internet, and courts and an independent board ordered telecommunications providers to block access to Web sites on approximately 1,475 occasions." Freedom of expression on many issues, so the report, is still restricted: "Active debates on human rights and government policies continued, particularly on issues relating to the country's EU membership process, the role of the military, Islam, political Islam, the question of Turks of Kurdish and other ethnic or religious origins as "minorities," and the history of the Turkish-Armenian conflict at the end of the Ottoman Empire. However, persons who wrote or spoke out on such topics, particularly on the Armenian issue, risked prosecution." The report further discussed the murder of journalist Hrant Dink in January 2007 and the increase in pressure on books about the Kurdish issue. Details about the cases of many journalists, writers, politicians and others are given: Writers Temel Demirer and Orhan Miroğlu, publisher Ragıp Zarakolu, translators Atilla Tuygan and Mehdi Tanrıkulu, singer Bülent Ersoy, university student Durmuş Şahin, pro-Kurdish Democratic Society Party (DTP) officials Hilmi Aydoğdu and Hüseyin Kalkan, journalists Lale Sarıibrahimoğlu, Ahmet Şık, Alper Görmüş, Cengiz Kapmaz, Sakine Aktan, Sebati Karakurt, Necdet Tatlıcan and Hasan Kılıç are all discussed in terms of freedom of expression court cases.

Before a pre-election rally in Çorum on 24 February by the PM Erdoğan, five journalists were not allowed to cover the event. Taner Şimşek of the Günlül Evrensel newspaper, Servet Mete and Buğra Kıhtır of the Dost Haber newspaper, Hacı Odabaş of the Yayla Haber newspaper and Erkan Araz of theKanal 19 TV channel were told after an ID control that they would not be admitted. They were told that the decision had been made after a police scan of their personal details. Sadık Örgel, owner of the Dost Haber newspaper and vice-president of the Çorum Journalists' Society said that of his three employees only Ebru Çalış had been admitted: "We have come across this for the first time."

Ferai Tınç, Hürriyet newspaper journalist and president of the International Press Institute's (IPI) Turkish Committee, has interpreted recent events concerning journalists and newspapers as "no coincidence". For one, Mehmet Emin Karamehmet, the head of the Çukurova Group (which owns Show TV, Lig TV, Sky Turk, Akşam and Güneş newspapers and Alem FM radio station) was bugged by court order. Second, the Doğan group has been heavily fined after selling 25 percent of its shares to the German Axel Springer Group in 2006.The Doğan group owns, among others Hürriyet, Milliyet, Radikal, Posta, Fanatik, Referans and Turkish Daily News newspapers, as well as CNN Türk, Kanal D and Star TV channels. The Ministry of Finance is claiming that irregularities accompanied the sale and has charged the Doğan Group a tax penalty totalling 826 million 300,000 TL (around 385 million Euros). The Doğan Group has denied any irregularities and has announced that it will go to court. Third, the Capital Markets Board (SPK) is investigating the partnership structure of the Cumhuriyet newspaper. According to Tınç, "The Prime Minister is making it obvious that he does not like a free press. He is using the economy as a weapon of intimidation." She said that previous governments had used similar means, but against business people rather than the media. She also pointed to the many court cases Prime Minister Erdoğan has opened against journalists, as well as many statements he has made against the press. Prime Minister Erdoğan has accused the Doğan Group of supporting the main opposition party, the Republican People's Party (CHP), and has called on members of his own party, the Justice and Development Party (AKP) to boycott the media institutions owned by the group. In addition, the group has been heavily fined. The Doğan group has announced that the sales procedure of shares to the Axel Springer group began in November 2006 but ended on 2 January 2007, and that the relevant taxes were thus payed in 2007. It insists that no irregularities took place. Prime Minister Erdoğan referred to the accusation of intimidation at a party rally in Aksaray, saying: "A state institution carries out a legal procedure, and immediately they start to blame the government. Whatever happens to you, you think it comes from the government, from the AKP..." In a statement the Ministry of Finance said that tax evasion had taken place, and that the Ministry and its personnel would go to court to file a complaint against the Doğan Group for their statement which included hostility and insult.

The police obstructed protests on the occasion of the 10th anniversary of PKK leader Abdullah Öcalan's imprisonment in several cities. DTP politicians had joined the demonstrations. In Batman, MPs Ayla Akat Ata and Bengi Yıldız, and mayor Hüseyin Kalkan and province chair Özcan Erdem and many others joined a press briefing at which Yıldız said: "When we come here, we may take part in an illegal gathering. We may also praise a criminal. That does not mean that the security forces can use tear gas. They can identify people and do their duty. They believe that they will intimidate us with force, but they are wrong."

Journalists wanting to cover a protest rally organised by DİSK, KESK and Türk-İş trade union confederations on 15 February in Kadıköy were asked by the police to show yellow press cards. bianet reporter Bawer Çakır said that journalists had been provided with a separate platform, but that the police did not admit anyone without a yellow card. Despite telling the police officer that Internet newspapers were not issued yellow press cards, they were not admitted. Some journalists were also wounded in the fight that broke out between members of the Türk Metal trade union, the president of which, Mustafa Özbek, had been arrested as part of the Ergenekon investigation, and members of the Birleşik Metal-İş trade union.

On 11 February, the European Parliament's Committee on Foreign Affairs adopted a report written by Ria Oomen-Ruijten, Dutch MEP and Rapporteur on Turkey's accession, with 65 votes to 4. The progress report on Turkey in 2008 emphasises worries about press freedom and freedom and expression in Turkey. It referred to changes in Article 301, which were made in April 2008 and took effect on 8 May, saying that the changes were not sufficient to prevent the trial of non-violent opinions. The report further expressed worry at the possible closure of the DTP and asked for changes in the Law on Political Parties. While TRT 6 was seen as a positive development, the report called for a lasting solution to the Kurdish question.

During the eleventh wave of arrests in the Ergenekon investigation on 22 January the buildings of Avrasya Radio and Television (ART) and the Turkish Metal Workers' Trade Union were searched in Ankara. The Turkish Journalists' Trade Union (TGS) and the Contemporary Journalists' Association (ÇGD) have now reacted with statements in which they express their worry that basic rights are being violated. The TGS expressed its belief in the independence of the judiciary, but stated that the political government was not showing the same neutrality: "We are worried about the future of democracy, we worry that basic rights and freedoms are being violated. We are also worried about the increasing pressure being put on the press and the freedom of expression." The ÇGD said: "Practices show that the government is not trying to get rid of this structure (Ergenekon), but rather, is protecting it and shaping it in a way that will benefit its political aims." The TGS trade union expressed its concern that the Ergenekon trial was not being used to expose and prosecute criminal structures within the state, but rather that the government was using it to put pressure on intellectuals, media organs, democratic mass organisations, and, most recently, trade unions and the labour movement. "Our worries are increased by the fact that the confidentiality of the investigation is being violated, that the names of some people arrested were previously given in some of the media, and that the statements given to the police immediately make their way into some broadcasts and publications." In the written statement, ÇGD president Ahmet Abakay accused the government of using the Ergenekon investigation as an excuse to prevent ART from broadcasting: "We strongly condemn the pressure put on Avrasya TV and the broadcasting obstruction." "The fact that Avrasya TV opposes the government with its broadcasts and criticises the government shows us what is behind this police operation. The Ergenekon trial has turned into an intimidation device to threaten the press, mass organisations, and the people in general.

Three students protesting against President Abdullah Gül's visit to Ankara University's Agriculture Faculty on occasion of its 75th year on 30 October 2008 have had their scholarships withdrawn. In addition, nine students of the veterinary and agriculture faculties face disciplinary procedures. The students had protested at Gül's attitude in the nomination of university rectors. Shouting slogans such as "Leave the AKP, look after the universities" and "Go AKP, the universities are ours", three students were later taken into custody. They were later released by the prosecution. However, their scholarships were taken away. They had been working part-time for the last two years, receiving scholarships of 200 YTL as well as free food.

The state TRT 6 channel broadcasting in Kurdish since 1 January has gone beyond the constraints set for other local and regional media organs broadcasting in their mother tongue. Thus, unlike Gün TV broadcasting in Kurdish from Diyarbakır, TRT 6 is allowed to broadcast without subtitles (and can thus broadcast live programmes), to target children and to broadcast all day. The RTÜK guidelines from 25 January 2004 constrain around 10 local and regional media organs. Radio stations are limited to maximum one hour a day and five hours a week, TV channels to 45 minutes a day, 4 hours a week broadcasts in a mother tongue other than Turkish. Turkish subtitles are a must on TV, and radio stations have to broadcast a Turkish translation, too. Programmes aimed at children or language instruction were also banned for the channels and stations. This means that RTÜK needs to review its regulations so that other channels and stations are not treated differently from TRT. According to the principle of equality and the ban on discrimination put forward by the OSCE, members of a national minority have the right to make use of the freedom of expression, to protect and develop their identities, and to make use of media broadcasts in a fair and undiscriminatory manner.

Implementations of RTÜK

The Radio and Television Supreme Council (RTÜK) imposed the majority of fines on institutions that "publish programs that harm children's and juveniles' physical, intellectual and moral development by programs broadcasted at times easily accessable for the young audience". RTÜK issued a total of 81 (9.5 percent) sanctions to the media. Furthermore, RTÜK decided for 241 sanctions regarding violations by commercial advertisments, 30 penalities for "publications that attack an individual's moral integrity beyond criticism", 26 fines on "publications opposing the human dignity and basic human rights", 22 decisions related to "violations based on publications encouraging the use of violence", 19 sanctions on the grounds of "publications opposing the society's national and moral values and the Turkish family structure", 15 penalties for "publications calling people guilty before the related court case was finalized or directing people to commit criminal offences", 14 decisions on "publications violating the secrecy of private life" and 14 sanctions for "publications opposing basic aims of the Turkish national education and the development of national culture".

On 25 September, RTÜK issued a caution fine to the Turkish television channel Kanal D by reason of a program "Telephone Booth" broadcasted on 19 and 26 July. According to RTÜK, "the components of the program were not prepared in line with human dignity and basic human rights". Dr. Zahid Akmanopposed the decision saying that "the participants of the program agreed to the adversenesses on their own account". RTÜK member Taha Yücel displayed the same attitude and argued, "If a competitor liable of protecting his or her honour does not oppose to the adverseness, a broadcasting violation has not been constituted".

On 24 September, RTÜK issued a caution fine to Kanal D under allegations of "countering the public's national and moral values and the Turkish family structure" by a program called "I leave my husband to your care". Vahap Darendeli commented the fine: "The program discusses marriages. The female contesters tell their husbands what they do not like about them. The program aims to change images. As part of the format and quality of the program, the critsizm of the husbands voiced by the female contesters is presented in a funny and humorous way. It has also to be considered that the program is broadcasted after 11.00 pm". Prof. Dr. Hasan Tahsin annotated the decision as follows: "The positive behaviour of the people in the program and learning from the program might be of avail".

On 17 September, RTÜK decided to impose a monetary fine on Star TV for "insulting contents" of the discussion between Vakit newspaper journalistSerdar Arseven, Hilal TV news director Muharrem Çoşkun and Cumhuriyet newspaper writers Ümit Zileli and Mehmet Faraç in the "32^nd Day" program presented by Mehmet Ali Birand. The fine was based on allegations of "an attack on the persons' moral integrity". Dr. Mehmet Dadak and N. Hülya Alp voted against the decision. Dadak said, "that broadcasted news and programs should not be focused on for the public benefit". Alp argued, that "it was shown how the the studio guests insulted each other". The studio guests were warned during the program".

On 30 July, RTÜK implemented a "singular program ban fine" to NTV on the grounds of the program Güne Başlarken broadcasted on 22 January 2009. RTÜK decided that the priciple of "not showing anybody guilty until the guilt is proven" as defined in article 4 of the Law on Radio and Television Institutions and Publications  (no. 3984). NTV had to subsitute its daily news program on 30 July and broadcasted a program entitled "Mevlana and Sema" instead.

On 23 Junly, RTÜK gave a caution fine to CNN Türk based on the programs "360 degrees", "New Day" and "Parametre" broadcasted on 21and 22 May because of an aired argument between Vakit and Cumhuriyet newspaper journalists. RTÜK accused CNN Türk of "an attack on moral integrity" by the broadcastings. N. Hülya Alp voted against the decision, arguing that "discomfort had been expressed when the discussion came to a point beyond control".

On 22 July, RTÜK issued caution fines to  Kanal 24, NTV, TV8, CNN Türk, Kanal Türk, Kanal 7, STV, Samanyolu Haber and Kanal A under charges of "violating the secrecy of personal life" (article 4/f) by broadcasts made on 9, 10 and 11 February. NTV for instance was penalized by reason of a news item concerning a voice record allegedly belonging to Mukaddes Eruygur, wife of Ergenekon case defendant retired General Şener Eruygur, broadcasted on 11 February in the main news. The news representer announced, "Another voice record was added in the context of the Ergenekon case. This time two voice records are attributed to Mukaddes Eruygur, wife of Ergenekon defendant retired General Şener Eruygur. Mukaddes Eruygur allegedly told somebody else that the 12^th and 14^th High Criminal Court were on her side. In the other record she discusses if her husband will be taken into detention after his release from hospital". Reson for the caution fine was the original voice record broadcasted together with the transcript after the newsreader's announcement.

On 7 July, RTÜK imposed a one-time broadcasting ban on NTV's news program "Güne Başlarken" under allegations of "showing a person guilty of a crime before the corresponding court decision was confirmed" according to article 4/k of law no. 3984. The program was broadcasted on 22 Januarty 2009. RTÜK member Şaban Sevinç did not agree with the decision. On the same day, RTÜK imposed an administrative monetary fine to GÜN FM in Diyarbakır for repeatedly "opposing the superirority of law by the broadcast" of Kurdish songs on 23 March 2009. Dr. Zahid Akman and Prof. Dr. Davut Dursun voted against the decision, saying that "The lyrics of the Kurdish song did not include names of any people or organizations".

An administrative monetary fine was handed down to Kanal D for the program "With Esra Ceyhan" broadcasted on 2 and 3 April 2008 for violating the principle determined in article 1 of law no. 3984: "Radio, television and data broadcasts must be made within the concept of public service regarding the superiority of law, the general principles of the constitutions, basic rights and freedoms, security of the state and general ethics". Şaban Sevinç and Taha Yücel opposed the decision.

On 30 July, RTÜK handed NTV a one-programme ban for the "Güne Başlarken" (Starting the Day) programme broadcast on 22 January 2009. According to RTÜK, the channel had violated the principle of not showing anyone as guilty unless their guilt is proven, defined in Article 4 (k) of Law No. 3984 on Radio and TV Institutions and Broadcasts. On the morning of 30 July, NTV had to broadcast a programme on Mevlana rather than its scheduled programme.

On 13 May, after a meeting in which it considered the defense of Gün FM radio station demanded on 12 March, RTÜK decided that the Diyarbakır station would not receive a punishment. It had been claimed that a Kurdish song entitled "Natırsım" (I am not scared), broadcast on 19 November 2008, had violated Article 4 (1) of Law 3984: "Radio, TV and Data broadcasts are made with the understanding that they are a public service and obey the rule of law and the general principles of the constitution, as well as basic rights and freedoms.

On 29 April, The Supreme Council of Radio and Television (RTÜK) warned many TV stations for violating the broadcasting ban on the operation against the Revolutionary Headquarters which took place two days earlier: TGRT Haber, STV, TV5, Kanal A, Asu TV, Ses TV, Ülke TV, NTV, Kanal B, Olay TV, CNN Türk, 67 TV, Bengü Türk TV, Cem TV, D Fun TV, Show TV, TV Net, Kanal Çay, Hilal TV, Ulusal Kanal, Samanyolu Haber, Kanal 7 and ATV Avrupa. It further demanded a defense from TV8 and Hak TV for repeating the violation prior to a broadcasting ban, and from Haber Türk andFox TV prior to fining them. 
The channels are all accused of violating Article 4 (y) of Law 3984, which lays down the principle of not reporting on frightening and threatening characteristics of criminal organisations.

Muammer Aydın, president of the Supreme Election Board (YSK), announced that although the local elections in March 2009 had been neutral and orderly, TV channels had violated broadcasting bans related to the election. He announced that punishments would be handed out. When a journalist asked about some TV channels violating rules, Aydın said, "Not some, all of them did. I don't know if they did it on purpose, but of course punishments will be handed out. We have identified all the channels. On that day we were watching TV at home as well. I suppose RTÜK will identify them and send them to us, and we will maket he necessary decisions."