435 “Though Crimes” in Turkey in 2008

In 2008, the political landscape in Turkey became more polarised and the Kurdish question was not resolved. Both government and army displayed intolerance towards criticism of their performance and questioning of rights violations. Freedom of expression and of the press both took a considerable step backwards.

In the last year, 82 people were tried under the controversial Article 301, concerned with the “denigration” of the state and state organs; 5 people were convicted.

"Insult" cases on the rise

23 people stood accused of “inciting hatred and hostility among people. 74 people, among them 4 caricaturists and 47 journalists, were tried for “insulting” others. In total, the compensation claims in these insult cases amount to 1 million 885 thousand 500 TL (around 855,711 Euros).

Prime Minister Recep Tayyip Erdoğan has become a claimant for such compensation. He has targeted the Doğan Media Group, saying in public, “Do not buy these newspapers”. Claims by him and his family have  resulted in the convictions of Perihan Mağden (Radikal newspaper), Cemal Subaşı (Tempo magazine), Mehmet Çağçağ (Leman satirical magazine); he is also claiming compensation from Melih Kaşkar (Milas Önder newspaper).

It is thus not surprising that Turkey is ranked 102nd out of 173 countries by the Reporters Without Borders (RSF) in terms of Freedom of the Press.

BİA Media Monitoring Report

The annual media monitoring report of BİA (Independent Communication Network) provides information on 506 court cases, in which a total of 854 people from 305 newspapers have been affected. This number shows that social tensions are rising. A total of 435 journalists, writers, publishers, human rights activists, politicians and children were taken to court in 2008 because of their opinions. In 2007, this number stood at 254.

The 113-page BİA Media Monitoring Report reports on the state of the freedoms of press and expression in chronological orders, under the following headings: “Attacks and threats”, “Detentions and arrests”, “Press freedom and the freedom of expression in court”, “Adjustments and seeking justice”, “European Court of Human Rights”, “Reactions to censorship” and “RTÜK practices”.

Taraf faces 70, Doğan Media Group 200 trials

The sudden increase in prosecutions is due to many media organs being taken to court for “violating secrecy”, “revealing classified information” and “attempting to influence the judiciary” when reporting on the events of Dağlıca, Aktütün and Ergenekon.

In Dağlıca, in the southeastern province of Hakkari, 12 soldiers were killed and 8 kidnapped by the Kurdistan Workers’ Party (PKK) in October 2007. In Aktütün, in the same province, 17 soldiers were killed in October 2008. The Ergenekon investigation is looking into the formation of a clandestine ultra-nationalist organisation aiming at overthrowing the government.

The Taraf newspaper, which has followed a line of aggressive questioning of army policies, has been taken to court 70 times. Newspapers of the Doğan Group have faced over 200 court cases since June 2007 for similar publications.

"Influencing the judiciary"

Court cases concerned with “attempts at influencing the judiciary” rose by 100 percent compared to 2007. Alper Turgut, journalist of the Cumhuriyet newspaper was sentenced to a 20,000 TL (around 9,000 Euros) for announcing in an article that a torture case was barred because too much time had lapsed. Two human rights activists and five journalists were acquitted after reporting on the death of 11-year-old Mizgin Özbek in Batman.

Article 301

82 people were taken to court under Article 301 of the Turkish Penal Code. In 23 cases the Ministry of Justice withheld permission for a court case, so they were dropped. However, the Ministry did grant permission in a case against writer Temel Demirer and one against 10 activists in Eskişehir, with up to 2 years imprisonment looming. 23 files are still awaiting Ministry decisions. In 2008, publishers Ragıp Zarakolu and Fatih Taş, lawyer Eren Keskin, magazine owner Aziz Özer and work inspector Niyazi Uslay were convicted under the article. In 2007, 55 people were tried under Article 301.

Article 216

Of the 23 people tried under Article 216 for “inciting hatred and hostility” , academics Prof. Dr. Baskın Oran and Prof. Dr. İbrahim Kaboğlu, Barış Pehlivan from CNN Türk, politicians Nurettin Yılmaz and Sertaç Bucak, radio journalist Cemal Doğan and publisher Songül Özkan were acquitted. However, publisher Erol Karaaslan is facing a second trial over the Turkish translation of Richard Dawkin’s “God Delusion”. In 2007, 23 people were tried under Article 216.

"Alienating the public from military service"

In the last year, 15 people, 9 of them journalists, were on trial for “alienating the public from military service”. Bülent Ersoy, Yıldırım Türker, Perhian Mağden, Cezmi Ersöz, Gökhan Gençay and İbrahim Çeşmioğlu were acquitted, but publisher Ragıp Zarakolu and eight other people are still on trial.

Detentions

A total of 37 people, 28 of them journalists have spent al lor part of 2008 in prison, mostly in relation to Ergenekon, PKK and Marxist Leninist Communist Party (MLKP) accusations. Within the year, 15 of them were released.

The Ergenekon investigation has led to the imprisonment of Vedat Yenerer, Adnan Akfırat and Serhat Bolluk; in the MLKP case, radio journalist Füsun Erdoğan, İbrahim Çiçek and Sedat Şenoğlu are in prison; accusations of PKK connections have resulted in detention for Ali Buluş of the DİHA news agency, as well as for Faysal Tunç and Behdin Tunç. The court cases are continuing and it is currently not clear whether the detentions are due to journalistic or other activities.

Politician Mahmut Alınak, who was tried for his opinions, went to prison twice after refusing to pay a fine. Journalist Hacı Boğatekin, who had levelled accusations at a prosecutor, was released from prison after 109 days.

In 2008, 34 people were taken into custody, among them 13 journalists (for instance İlhan Selçuk, Mustafa Balbay, Ufuk Büyükçelebi and Soner Arıkanoğlu). Barış Keskin and Burak Özgün from Olay TV were detained for hosting Serpil Aslan, representative of the Socialist Platform for the Oppressed (ESP). They stand accused of spreading illegal propaganda.

Threats and attacks

Two years after the murder of journalist Hrant Dink, the role that public officers palyed in his murder is still not clear. Prof. Dr. Baskın Oran and the Agos newspaper continue to receive threats. The police violence against reporters in Istanbul on 1 May and in Hakkari on “Newroz” has gone unpunished.

In 2008, 7 media institutions, 23 people (20 of them journalists) were attacked; 2 institutions and 7 journalists were threatened.

In 2007, 34 journalists and 12 media institutions were attacked; 22 people and 6 media institutions were threatened; 3 Internet websites were sabotaged.

European Court of Human Rights

In 2008, the European Court of Human Rights (ECHR) sentenced Turkey to pay a total of 183,810 TL (93,680 Euros) compensation and legal costs to 27 people who had appealed for the court because of violations of the freedom of expression. This is a decrease compared to the sum of 218,080 TL of the previous year. However, the second half of 2008 saw a rise in ECHR convictions.

The ECHR decrees concerned Hıdır Ateş, Hünkar Demirel, Ahmet Gemici, Sacit Kayasu,Bülent Falakaoğlu, İsak Tepe, Kadriye Kanat, Gülşen Bozan, Sevim Salihoğlu, Mehmet Zeynettin Unay, Sakine Aktan, Abdullah Yılmaz, Erdem Kılıç, Hasan Buran, Mehmet Kutlular, Yalçın Küçük, Ecevit Piroğlu, Mihriban Karakaya, Zeynel Abidin Kızılyaprak, Mehmet Mustafa Yalçıner, Mehmet Emin Albayrak, Şanar Yurdatapan, Fevzi Saygılı, Nizamettin Taylan Bilgiç, Serpil Kurtay ve Fevzi Saygılı. (EÖ/AG)