Peace and Democracy Party (BDP) Mardin MP Emine Ayna opened a lawsuit against editor-in-chief Hasan Çakkalkurt and journalist Rıfat Başaran from the Turkish daily Radikal on the grounds of an interview given by Ayna.

Both journalist will be tried under charges of "spreading propaganda for the PKK organization", the militant Kurdistan Workers' Party, in accordance with article 7/2 of the Anti-Terror Act. The accusations are based on an interview with Ayna published in Radikal on 7 December 2009 entitled "Ayna: Our base tells us to go to the mountains". The journalists are facing up to five years imprisonment.

The pro-Kurdish Democratic Society Party was closed by a decision of the Constitutional Court on 11 December last year. DTP co-chair Ayna said in the interview, "All of us prepared our resignations. This prospect came up at our base anyways when the first closure case was opened. They told us 'What are you still doing in this Parliament? Resign and go to the mountains'.  There is such a say at our base. It made us laugh at the time. But it expresses an emotion".

Prosecution: exceeding the boundaries of freedom of expression

In the indictment prepared by the Istanbul Public Chief Prosecution it is said, "Taking the contents of the article into account, it evokes the impression that violence is considered a necessary and legitimate precaution in the eyes of the reader; also in reference to the decision of the European Court of Human Rights on the third file of the case of Kamil Tekin Sürek, drawing attention to the fact that armed propaganda for the terror organization is still continuing".

The indictment points out that the right to freedom of expression is guaranteed by the Constitution and the European Convention of Human Rights. However, the document determines, "A restriction of this freedom is anticipated in respect to prevention of crime, to ensuring public order and to protect public security, the unity of the country and the security of the nation. According to the European Court of Human Rights, opinions that openly call for violence and praise violence cannot be assessed within the scope of freedom of thought".

Çakkalkurt and Durukan still in the docks

Hasan Çakkalkurt and Radikal newspaper journalist Namık Durukan face prison sentence on the grounds of their news item entitled "We do not put down our weapons even if a general amnesty would be declared" based on an announcement made by PKK executive Duran Kalkan to Fırat News Agency. (EÖ/VK)