Singer Ferhat Tunç for an article that he wrote and publisher Ragip Zarakolu for publishing a book about the Armenian issue both appeared in court on Wednesday on charges of insulting and deriding state institutions.
Tunç criticized the continued imprisonment of Kurdish activist and politician Leyla Zana and members of parliament from the shut-down Democracy Party in an article in the newspaper Yeniden Özgür Gündem. His case is now waiting for the address of the newspaper's editor, Mehmet Çolak, to be determined. Çolak is apparently now living abroad.
As for Belge Publishing house director Ragip Zarakolu, who was charged for translating and publishing a book by MacGill University professor Dr. Dora Sakayan, he is preparing to argue to the court that his prosecution is unconstitutional.
Newpaper editor Çolak sought in Europe
Tunç, who is being tried for talking about "deep opinions," did not attend the hearing held yesterday (Wednesday 20 September) in Beyoğlu's Number 2 Criminal Court of First Instance. His lawyer Hatice Doğan represented him.
The suit for "insulting and deriding the court," which has been postponed three times to obtain the testimony of editor Mehmet Çolak, has now been postponed again to 28 December in order to establish Çolak's address outside the country. An official from the German Consulate observed the hearing.
A three-year sentence is being sought against Tunç and Çolak for an article entitled "A Revolutionary Leyla and a Song."
Zarakolu argues that his prosecution is unconstitutional
Zarakolu unexpectedly appeared to contest the charges filed against him for publishing Dora Sakayan's An Armenian Doctor's Experiences: The İzmir Diary of Garabet Hatcherian on 4 March.
In the hearing, Zarakolu defended himself against the indictment. His lawyer, Osman Ergin, argued that Zarakolu's prosecution under the 2004 Press Law, which allows the local publisher of a book or article to be prosecuted in place of an author who lives abroad, violates the constitution's equality provision.
The court decided that the suit and the contemplation of the application that the charge was unconstitutional would be continued on 22 November. A sentence of up to 5 years for "insulting and deriding Turkishness and the state military forces" is being sought against the publisher.
At the beginning ıf April, Zarakolu was presented with plaque of thanks for resolutely carrying on the "Freedom of Thought and Expression" struggle as head of the Turkish Publishers Union (TYB) Freedom of Publishing Committee for ten years. Zarakolu also represents the TYB on the International Publishers Association's Commission on Freedom of Thought and Expression. (EO/EA)

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