Radikal newspaper reporter İsmail Saymaz will be tried under allegations of "violating the secrecy of the investigation" and the "attempt to influence a fair trial" on the grounds of an article questioning the role of Special Forces Department Deputy Chief İbrahim Şahin, Ergenekon defendant and convict of the Sursurluk scandal.

Saymaz's prosecution is based on his article entitled "Creepy questions that were not answered by Şahin" published in the Radikal daily on 11 February 2009 and on the follow ups entitled "Interrogation of Ibrahim Şahin stretches out to the TSK [Turkish Armed Forces]", "Questions on bomb and map remain unanswered" and "Şahin's message that 'Armenians should die'".

Hearing on 29 April

Public Prosecutor Pircan Barut Emre prepared the indictment on 12 January. It says that Saymaz, "violated the secrecy of the investigation by publishing pictures of people who are suspected guilty related to the investigation and by publishing details of the investigation. He published pictures that stigmatized people guilty during the phase of investigation and prosecution. Considering the way the news was published it did not fulfil the conditions of secrecy. He misused his right to inform and to criticize in an unlawful manner".

Saymaz stands furthermore accused of violating the restriction decision taken by the Istanbul 13^th High Criminal Court in the hearing on 30 July 2008 and of intentionally influencing a fair trial in respect to the allegations drawn against Şahin.

The case filed against Radikal editorial manager Hasan Çakkalkurt on 28 March 2009 resulted in the acquittal of Çakkalkurt. The court decided that Saymaz was to be held responsible for the articles and thereupon opened the trial against him.

Journalist Saymaz will appear before the 1^st Criminal Court of First Instance in Bakırköy (Istanbul) on 29 April. He is facing prison sentence of up to nine years according to articles 285 and 288 of the Turkish Criminal Code (TCK).

The General Staff Presidency suspended the accreditation for Radikal on 13 February 2009 by reason of false information conveyed by the news articles.

On 11 and 12 February, Radikal published a statement made by Şahin to the prosecutor saying that he had formed a team of 300 people for domestic cleaning and that the General Staff knew about it.

Media Association condemned Tayyar's punishment

Şamil Tayyar, Ankara correspondent of the Star newspaper, was handed down a 15 months' prison sentence by the Bakırköy 2^nd Criminal Court of First Instance. On 22 June 2009, he had reported about Colonel Dursun Çiçek, who supposedly signed the "Plan against Reactionary Forces", to have signed his related statement at the prosecutor with a different signature.

Tayyar had previously been sentenced to a total of 35 months imprisonment in two different cases. Tayyar had written that "despite the directive of Prime Minister Erdoğan, the AK Party [ruling Justice and Development Party] is delaying the amendments of the Turkish Criminal Code and it is no longer of my concern". The Media Association had condemned the punishment imposed on Tayyar. (EÖ/VK)