MEDIA FREEDOM

Milliyet newspaper reporter Namık Durukan and editorial manager Hasan Çakkalkurt face a conviction as demanded by the second prosecutor on the case against the journalists.

The fifth hearing of the trial was held on Tuesday (21 September) at the Istanbul 10^th High Criminal Court after an intermission of five months. Prosecutor Bilal Bayraktar announced that he agreed with the final plea of his predecessor, prosecutor Savaş Kırbaş, who had demanded the conviction of both journalists in the previous hearing on 20 April.

Durukan and Çakkalkurt stand accused of "spreading propaganda for an illegal organization" as stipulated in Article 7/2 of the Anti-Terror Act.

Defence lawyer Nurcan Çalışkan requested additional time to prepare the defence for her clients. Judge Zafer Başkurt postponed the case to 23 November.

Durukan and Çakkalkurt are on trial since 30 July 2009 on the grounds of a news item entitled "Even a general amnesty will not make us put down our weapons". The article was based on an announcement of Duran Kalkan, executive of the militant Kurdistan Workers Party (PKK), made to Fırat News Agency (ANF).

According to the Media Monitoring Report on April-May-June 2010 prepared by the BIA Media Monitoring Desk, a total of 249 people stand trial because of having expressed their thoughts, among them 53 journalists. In 2009, 125 people faced prison sentences or compensation claims in the same period of time, 57 of them journalists.

Tried for somebody else's words

The trial evolved from the following paragraph of the news item: "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. Regarding to the allegations put forward in a talk between the organization and the state he said 'I say neither yes nor no'. When Kalkan talked to the Fırat News Agency, which is reporting in favour of the organizaiton, he evaluated 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 does 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.'"

The indictment mentions freedom of expressing and publishing thoughts as a right enshrined in Article 10 of the European Convention on Human Rights and Articles 25 and 26 of the Turkish Constitution. However, it also suggests that "Kalkan's talks in which he called to resort to violence" do not fall within the scope of this right. (EÖ/EÜ/VK)