Writer and Critic of Religion Ergündoğan Convicted Once More

Birgün newspaper writer Yalçın Ergündoğan received a monetary fine of TL 10,000 (€ 5,000) in compensation from the Istanbul 7^th Civil Court of First Instance because he was found guilty of personal insult via the media of the Chairman of the Independent Party of Turkey (BDP), Haydar Baş, who is also the Sheikh of the Kadiri religious order.

In the hearing on 17 July, the court partially accepted Baş's claim for a compensation of TL 20,000 (€ 10,000). It decreed that the fine should be paid with an according interest starting from 26 April 2005 when the article on subject, entitled "Disciples revolted against Haydar Baş", was published in the left-wing daily.

Ergündoğan: Was that not newsworthy?

Author Ergündoğan had been facing imprisonment of up to two years and eight months. This was the third trial opened against him on the grounds of the very article. He said that the original amount claimed by the complainant amounted to TL 30,000 (€ 15,000).

Ergündoğan stated that he found it newsworthy that disciples who had supported Baş for a long time quitted the order as it was published on 'The true face of Haydar Baş' web site. The writer said that he wanted to inform the public about the separations and the related reasons.

Further convictions

On 28 January, the Beyoğlu (Istanbul) 2^nd High Criminal Court had already handed down a 2,000 Turkish Lira (TL) (€ 900) converted judicial fine to the writer and journalist. The penalty, converted from a 105-day prison sentence, was suspended for five years. However, Ergündoğan has to pay a total of TL 5,000(€ 2,500) for costs and expenses.

In a statement made after the decision, he saidthat he had not intended to insult anybody. "Drawing attention to the behaviour of a public person, a chairman of a political party, and criticizing his behaviour should be tolerated", Ergündoğan argued.

After this decision, the Beyoğlu 4^th Magistrate Civil Court had decreed for a monetary fine of TL 1,500 (€750) in compensation to be paid to Baş based on a third compensation claim of TL 5,000 (€ 2,500).

The author is furthermore sued at the Istanbul 3^rd Intellectual Property Rights Court and faces another compensation claim of TL 15,000 (€7,500). Ergündoğan announced that his lawyer Eren Keskin is going to apply to the European Court of Human Rights in the coming days since the domestic remedies for this trial are exhausted. (EÖ/VK)