Partial Victory for Press Freedom

According to the decision of the Beyoğlu (Istanbul) Public Attorney General's Office, the trial opened by police officer Muhittin Zenit against bianet entered an order of nolle prosequi. Zenit had complained about the bianet website because of a news item about phone calls he had made with Hrant Dink murder suspect Erhan Tuncel after the murder.

Public prosecutor Muzaffer Yalçın claimed that the bianet website "published documents concerning the state's security" and that there was "no attempt of influencing a fair trial". Yalçın based his opinion on the fact that bianet reported about Dink murder suspect Tuncel talking on the phone with Trabzon intelligence officer Zenit right after he committed the murder, saying, "Man, they hit his head directly... That is the only difference. He was not going to get away but he managed to escape".

Zenit demanded the prosecution of bianet official Nadire Mater under articles 326 and 288/1 of the Turkish Criminal Code (TCK) on the grounds of a news article published on 30 September 2007, entitled "Shocking Police Recording in Dink Case" (original title: 'Vurulacak Şekil Belliydi'). Journalist Mater was notified yesterday (23 November) about the decision taken on 5 November, informing her that there will be no prosecution.

"No text from the hearing was published, to harm was done to the state"

Prosecutor Yalçin mentioned in his official report that the Doğan News Agency (DHA) had been clearly stated as the source of the news item and that Mater said that she did not know it was a matter of confidentiality. Yalçin reminded that the indictment of the Dink murder case had been accepted and the prosecution had passed by 1 October 2007. The prosecutor reasoned his decision as follows:

"In this case, the confidentiality decision had been lifted already. In case one of the defendants is a juvenile [Ogün Samast], it is certain that the hearing is a closed session. However, the publishing of a text from the hearing was not our topic. Providing information that harmed the state's security and interior politics was not the point at issue".

25,000 TL compensation claim

Fromer Trabzon (eastern Black Sea coast) intelligence officer Zenit had launched a trial against bianet claiming compensation under charges of an attack on his personal rights. Zenit based his allegations on the news item "Shocking Police Recording in Dink Case" and "New Evidence for Dink Murder: Muhsin Will Talk to the President about Yasin", published on 28 April 2008.

The case concerned with a compensation claim of 25,000 Turkish Lira (approximately € 11,360) is still pending before the Ankara 25^th Civil Court of First Instance. On behalf of the court, the Istanbul Police determined the income status of the IPS Communication Foundation which carries out the Independent Communication Network (BİA) Project, including the bianet website.

The Ankara 25th Civil Court of First Instance is currently waiting for a reply from the Istanbul 14^th High Criminal Court regarding a consultation about the transcribed words of Zenit as part of the Dink murder case file. The trial will be continued on 19 January 2010.

115,000 TL compensation claim to bianet and NTV

The news item on subject, "Shocking Police Recording in Dink Case", was signed by former DHA correspondent Murat Utku and clearly showed the institution he worked for as the source of the article. The article also mentioned that Zenit and Tuncel spoke to each other on the phone 1 hour 47 minutes after the murder, publishing transcribed extracts from the conversation.

Zenit sues NTV television for 90,000 TL in compensation (approx. € 40,100). After the Ankara 1^st Civil Court of First Instance ruled for a partial acceptance of the claim, Zenit brought the case to the Court of Appeals. (EÖ/VK)