Yeni Asya Newspaper Charged Under 301

Yeni Asya [New Asia] newspaper editor Faruk Cakir has appeared before a court in Istanbul facing charges for a news article in the journal claiming the shooter who attacked Turkey's Council of State last May killing a judge was linked to an organization seeking a wider Turkic empire and that retired members of the Turkish Armed Forces had played a soliciting role in the shooting.

The article titled "The game has back-fired" is subject to charges of "attempting to influence a fair trial" and "denigrating the military organs of the state through press".

If Cakir is found guilty on both counts, he faces up to 6 years in prison.

The first hearing of the case was held at the Bagcilar 2nd Criminal Court of First Instance on October 13 with the defendant and his lawyers, Balikesir Bar Association former chairman Turgut Inal and attorney Kadir Akbas present.

"News that some officers and non commissioned officers retired from the Turkish Armed Forces were involved in the incident of the armed attack on the State Council was published" Cakir accepted before the court, but arguing that there had been no insult to the armed forces itself.

"We condemn the attack" Cakir said, telling the court that it would be improper to assume the said news article could influence the opinion of judicial institutions and defending that it was published under the freedom of expression.

The article subject to charges against him had claimed that Alparslan Arslan who was caught after the State Council shooting in which one judge was killed and four were wounded was an organization known to be "Kizilelmaci" - a reference generally used to describe nationalist ambitions of a greater Turkish empire extending into the Turkic countries of Asia. It also implied that retired military staff had played a soliciting part.

Attorney Turgut Inal defended that there had been so many statements and speculations on the State Council attack that his client had done nothing further than to give room to these statements in the news item on trial.

Attorney Inal added, "while there is no such arrangement for many institutions, to accept insult as a special crime when it involves the military and some institutions list is against the constitution". He said article 301 was in violation of the constitution itself and needed to be abolished.

Accepting a request by the defense attorneys, a decision was taken to adjourn the trial to February 13, 2007.

69 Cases under article 301

Earlier in the day, Journalists Association of Turkey (TGC) chairman Orhan Erinc told bianet that a total of 69 court cases had been filed in Turkey under Penal Code article 301 in the past year.

Article 301, on the denigration of "Turkishness", the Republic, and the foundation and institutions of the State, was introduced with the legislative reforms of 1 June 2005 and replaced the controversial Article 159 of the previous penal code. It states that:

"1. Public denigration of Turkishness, the Republic or the Grand National Assembly of Turkey shall be punishable by imprisonment of between six months and three years.

2. Public denigration of the Government of the Republic of Turkey, the judicial institutions of the State, the military or security structures shall be punishable by imprisonment of between six months and two years.

3. In cases where denigration of Turkishness is committed by a Turkish citizen in another country the punishment shall be increased by one third.

4. Expressions of thought intended to criticize shall not constitute a crime." (EO/KO/II/YE/EU)