The Gaziantep Public Prosecution has opened a trial against Yasin Yetisgen, responsible managing editor of the weekly “Coban Atesi” (Shepherd’s Fire) newspaper. The trial is concerned with an article written by Berkant Coskun and entitled “Mother, Don’t Send Me to Military Service.”

Charged with two offences

The prosecution found that Coskun is living abroad; Yetisgen is now on trial for “alienating the public from military service” under Article 318 of the Penal Code, and under Law 5816 Concernign Crimes against Atatürk. 7.5 years imprisonment are being demanded.

The trial will begin on 9 May 2008. The court case was opened on 19 November, but the newspaper was only recently informed.

Both laws foresee an increase in punishment for the press. The “Atatürk Law” was passed in 1951 and was not reconsidered in the light of EU Reforms. Article 318 is the former Article 155, and although it limits the freedom of expression, it was taken over without changes.

The prosecution is demanding that the newspaper be punished for the following sentences published in the 32nd issue:

“Unfortunately, Turkey has always been the arena for dirty wars throughout history. Starting with Mustafa Kemal’s [Atatürk] massacre order in Dersim [today’s Tunceli], …” and “If today’s Kurdish movement is called terrorist, that means that the movement which Mustafa Kemal started was no different. The only difference is that Mustafa Kemal was not arrested.”

The copies of the 32nd issue were confiscated by court order on 9 November.

Other victims of Article 318 

Article 318 has been used against “Yeni Aktüel” magazine writer Perihan Magden, and against Serpil Köksal, Murat Dünsen and Ibrahim Kizartici for supporting conscientious objection. They have all been acquitted, but conscientious objector Halil Savda, “Birgün” newspaper reporter Gökhan Gencay and “Ülkede Özgür Gündem” reporter Birgül Özbaris are still on trial under the article.

Punishments increased by half in press cases

Law 5816 foresees imprisonment of one to three years for anyone “insulting or cursing the memory of Atatürk”, and one to five years for “destroying, breaking or defiling any statues, busts or monuments of Atatürk”. There is provision to increase the punishment by a half if the crime was done in public or in the press.
Law 318 foresees imprisonment of six months to two years for anyone “spreading propaganda, making suggestions or encouraging activities which alienate the people from military service.” Again, if the activity is carried out in the press or media, the punishment is to be increased by a half. (EÖ/TK/AG)