BIA²s 2006-2nd Quarterly Monitoring Report

After an explosion on June 25 at the area where restaurants and cafeterias area located at the Manavgat Waterfalls in Antalya, the business owners attacked five reporters trying to cover the incident. The restaurant and cafeteria owners shouted at the reporters: "Don't play with our jobs." In the attack that involved about 200 people, Cihan News Agency (CHA) reporters Lutfu Aykurt and Fettullah Akpinar, "Aksam" (Evening) newspaper reporters Bulent Tatogullari and Sercan Aytis and Anatolia News Agency (AA) reporter Cem Ozdel were injured. The alleged attackers, Yakup Eksi, the head of a nationalist group in Manavgat, Recep Mutlu and Mevlut Ak were detained and then released pending the outcome of the trial.

Kanal 7 reporter Abdullah Bicer heard that a woman was being held hostage by a man who had a knife and headed off to cover the incident. He was attacked on June 9. The Mersin Reporters' Society (MGC) condemned the attack. Reporter Bicer said two of his toes came out as he ran away from the attacker, who carried a knife.

The judgeship of an Ankara Heavy Penalty Court, on May 17, arrested Alparslan Arslan, who staged an attack against the members of the Council of State. Ismail Sagir, Osman Yildirim and Tekin Irsi, who allegedly were involved in the attack were also arrested. The suspects, who are also accused of being involved in the attack against the "Cumhuriyet" (Republic) newspaper, were sent to the Sincan F-type prison on May 22. Former officer Muzaffer Tekin, who allegedly encouraged the attack against the Council of State, and who attempted to commit suicide, was later released.

Journalist and television presenter Metin Uca was attacked by an unidentified person on May 12, while leaving a conference at the Communications Department of Gazi University. The attacker approached Uca saying, "may I ask something?" and attacked him with an incisive device. The attacker, who injured Uca's face, said: "You can't say anything about Catli," and escaped. Uca was taken to the emergency unit of the Gazi Hospital by Professor Doctor Korkmaz Alemdar, the dean of the Communications Department of Gazi University and other university personnel. Ahmet Catli later went to the Security Department on June 2 with his lawyer and turned himself in for attacking Uca with a shoemaker knife. Catli is the cousin of nationalist Abdullah Catli, who lost his life in the Susurluk accident.

On May 10, attackers hurled a hand grenade wrapped in a white cloth to the main building of "Cumhuriyet" newspaper. On May 11, two attackers hurled a noise bomb to the same building through the security circle formed by the police, and then ran away. One of the attackers were said to have a gun. The attack caused damage to cars parked in front of the newspaper's building. "This attack was against democracy and the freedom of press," said the newspaper's General Manager Ibrahim Yildiz. "We will continue with our independent publications." Newspaper writer Hikmet Cetinkaya described the attack, which happened despite the security circle by police, as a challenge. The Turkish Journalists' Society (TGC), Turkish Journalists' Union (TGS), Press Council, Human Rights Association (IHD), United Metal-Is Union and the Conferederation of Revolutionist Workers' Union (DISK) condemned the attack.

On May 8, the Press Council protested an incident where the inspectors of the Security General Directorate attempted to question "Milliyet" (Nationality) newspaper's Ankara reporter Tolga Sardan. The supervisors explained their behavior by saying they were getting information from Sardan. Reporter Sardan was summoned to the Police Station by Police Chief Inspector Ismail Yildiz because of a report published on April 4, 2006. The Council's Co-President Dogan Heper, called on the inspectors to "know their limits and to carry out investigations without exceeding the limits of their job."

On the night of May 5, a hand grenade was hurled to the main building of "Cumhuriyet" newspaper in Sisli. Bomb experts detonated the bomb. The images on security cameras showed that there were two attackers involved in the bombing. "There still are some who think that they can change the publication principles of the newspaper through attacks or threats," said TGC and condemned the attack. "We see and condemn this attack as not only against the newspaper, but also against the values of the republic regime," said the TGS.

Ergun Baskaya, the general manager of Karabuk's "Bati TV" (West TV) was attacked on April 25, in front of the television building. Four unidentified persons attacked Baskaya from behind, hit him on his head and kicked him when he fell on the ground. Baskaya, who was taken to the Sirinevler State Hospital suffered a broken nose and tooth. Baskaya claimed that Karabuk Mayor Huseyin Erer planned the attack because he accused Erer with corruption in some of the stories he wrote. The Justice and Development Party (AKP) rejected the allegations. The Press Council condemned the attack.

In mid-April the Security General Directorate launched an investigation on the Parliament Police who assaulted protesters demonstrating in front of the Parliament and the journalists, who were covering the incident. Police Spokesperson Ismail Caliskan said the method of intervention of the Parliament Police was incorrect. Caliskan added that the incident highlighted once against the importance of training policemen on the intervention in social incidents. He said an investigation was launched on the police officers.

"Ekspres" (Express) newspaper reporters Huseyin Gesoglu and Zennure Can received phone calls informing them that the headmistress and staff of Gaziantep's Cennet Suzer Nursery School are wearing headscarves to work. The reporters, who started looking into this allegation, on April 6, were threatened by the head of the Egitim-Bir-Sen Union and its members. The two reporters went to the school, posing as parents, to look into the allegations. When it was understood that they are reporters, they were locked into a room and threatened. The school officials reacted, saying that the reporters recorded their images without their permission. The reporters responded by saying that the school is a public place and they were doing their jobs. The police seized the cameras and tape recorders of the reporters with the order of the prosecutor's office and returned them on January 17.

Ozer Yilmaz, the owner of the "Likya Haber" (Likya News) newspaper published in the Kalkan city of the Kas district of Antalya, was attacked by four people with identical suits and snow masks on the night of April 4. The reporter, who was taken to the Fethiye State Hospital, suffered two broken arms and broken ribs. He received almost 30 stitches on his head. Yilmaz, before the attack, published reports in his newspaper about the looting of the coasts in Kas and Kalkan. Yilmaz said the attack was intentional and planned.

Detentions and arrests

Rustu Demirkaya, the Tunceli reporter of Dicle News Agency (DIHA), was arrested on June 14, along with four others, on the deposition of Engin Korumcu, who had surrendered to security forces. Demirkaya's lawyer Baris Yildirim said that it was not in line with law to arrest the reporter on the declaration confessor, who turned himself in to the Hozat Dagoren Police Station. He added that the accusations did not have a logical basis. A total of 11 people, including Demirkaya, who were sent to the Tunceli Closed Prison, were detained by the Tunceli paramilitary police central commandership for "aiding and abetting the organization." The objections by lawyer Yildirim to two separate Tunceli courts were rejected on June 21.

Huseyin Aykol, the general manager and a writer of the "Ulkede Ozgur Gundem" (Free Agenda in the Country) newspaper, was detained on May 17, for his interviews with KADEK officials and on the deposition of another confessor. Aykol was released the next day after giving his deposition at the Besiktas Republic Prosecutor's Office.

DIHA reporters Evrim Dengiz and Nesrin Yazar were sent to prison on February 18, for having Molotov Cocktails in their car while covering the demonstrations on the anniversary of the capture of Abdullah Ocalan in the Akdeniz city of Mersin. Their demand to be released pending the outcome of the trial was rejected on May 9 by an Adana heavy penalty court. The two reporters are being accused with "PKK/Kongra-Gel membership." "We did not have Molotov Cocktails in our car," said reporter Dengiz. "The police may have placed it there." "I had an argument with the police earlier," said Yazar. "They had a grudge against me because I filed a complaint to the inspectors of the Interior Ministry." The reporters, who were sent to the Adana Kurkculer E-type prison will remain under arrest until the next hearing on July 4.

Trials and Attempts

At the end of July, an investigation was launched against the Armenian General Patriarch Karekin II, for "insulting the Turkish identity," during a press conference during his visit to Turkey. Karekin II, who recently visited Turkey, during the press conference in the Armenian Patriarchate said: "Genocide for our people, is not a subject of investigation. It is a reality and should be recognized." An individual called Recep Akkus and the Lawyers' Union, filed an official complaint about Karekin II at the Istanbul Republic Chief Prosecutor's Office.

Caricaturist Sefer Selvi of the "Gunluk Evrensel" (Daily Evrensel) newspaper was sued by Prime Minister Erdogan, for his caricatures published on April 5, 2004. The damages case of 10,000 new Turkish liras (USD 6,500), which was returned from the Supreme Court of Appeals, was handled again by an Ankara court. After the Supreme Court of Appeals overturned the decision, the lower court, during a retrial on June 27, ruled that the decision by the Supreme Court of Appeals should be implemented, and rejected the case.

Ragip Zarakolu, the owner of the Belge Publishing House, is being tried for publishing a book by Professor Doctor Dora Sakayan called "An Armenian Doctor in Turkey - Garabed Hatcherian My Smyrna Ordeal of 1922" and by George Jerjian called "The Truth Will Set us Free." Zarakolu, who stood trial on June 21, is facing 13.5 years in prison. Although Zarakolu invited Professor Doctor Baskin Oran to the hearing, in line with the "expert witness" option of the new law, the court refused to listen to the expert. The Initiative Against Thought Crime said, "the court is trying a book which it has not read." Judge Sevim Efendiler said he would read the book.

The case that was brought against "Birgun" (One day) newspaper's writer Yalcin Ergundogan for a news report titled, "His Followers Rise Against Haydar Bas," published on April 26, 2005, with the complaint of Independent Turkey Party (BTP) is continuing. The judge ordered the appointment of an expert to study the Web site, haydarbasharemi.org, in line with the request of Ergundogan's lawyer Tora Pekin. The trial will continue on August 31. Another case brought against Ergundogan at a Beyoglu court is continuing. Ergundogan is sued for 5,000 new Turkish liras in damages in that case.

On June 21, a Beyoglu Penal Court began trying Gokhan Gencay, the "Sunday Supplement" editor of the "Birgun" newspaper for an interview titled, "Let's Exhaust the Human Resources of Wars," with the conscientious objector Erkan Bolot. Gencay is charged with "putting people off from serving in the military." Gencay and the newspaper's editor-in-chief Ibrahim Gesmecioglu face three years in prison for the interview that was published on October 30, 2005. Judge Irfan Adil Uncu, who ordered that Cesmecioglu is brought to the hearing by force, said the trial will continue on July 19.

Prime Minister Erdogan had filed a complaint against the "Radikal" (Radical) newspaper for publishing the words of Haluk Koc, the Group Deputy Head of the Republican People's Party (CHP), who said "The Prime Minister is twisting," during the discussions over revealing his assets. His complaint was accepted. An Ankara court ordered "Radikal" newspaper on June 30, to pay 2,000 new Turkish liras in damages to Prime Minister Erdogan. The case Erdogan brought against the "Cumhuriyet" newspaper for the same reason had been rejected.

With the complaint of the General Staff, an Istanbul penal court began trying writer Osman Tiftikci of the "The Evolution of the Army from the Ottomans to Today," and publisher Sirri Ozturk on June 20. The court ordered that Tiftikci is detained on his entrance to Turkey and sent to the Prosecutor's Office. The trial will continue on September 29. "Neither I, as the publisher, nor the writer has anything to do with the allegations listed in the indictment," said Ozturk, the manager of the Sorun Publishing House, who is being charged with "Publicly humiliating the army." He added that he and Tiftikci had no special intention in writing and publishing the book.

In an exhibition organized by The Global Peace and Justice Coalition (KURESEL-BAK) on March 11, one of the posters showed Prime Minister Erdogan as the dog of US President George W. Bush. An Istanbul court, on September 12, will begin trying British collage artist Michael Dickinson and Erkan Kaya, one of the people in-charge of the exhibition. The two men are charged with "insulting the Prime Minister." Police, after seeing the poster at the exhibition had detained Kara, Gulen Sahin, Mehmet Demir, Filiz Ulget and Burak Delier.

"Vakit" (Time) newspaper's writer Abdurrahman Dilipak is facing 10 years in prison for two articles on President Ahmet Necdet Sezer. Prosecutor Omer Karacal asked for punishment for the article titled, "Let Sezer Have Henna." Following Dilipak's trial on June 15, the prosecutor asked for a prison sentence for his article titled "Is Sezer Sick?" based on articles 299/1 and 2 of the new law. The court decided to continue both cases on October 12 to give time for Dilipak and his lawyer Ali Pacci to prepare defense and opinions on the basics of the case.With the complaint of Kemal Kerincsiz from the Lawyers' Union, an investigation was launched against Elif Safak, the writer of the roman, "Father and Bastard," and Semih Sokmen of the Metis Publishing House for "Publicly humiliating the Turkish identity." The investigation ended with a decision of no jurisdiction on June 14. The Beyoglu Republic Prosecutor Mustafa Erol, in his decision of no jurisdiction, said "no evidence was found in the book to prove that the intention was to humiliate the Turkish identity, or to require a criminal proceeding. "There is no criticism in the book," said the Prosecutor.

Lawyer Huseyin Aygun, the former owner of the "Tunceli'de Munzur Haber" (Munzur News in Tunceli) newspaper, who served in the Organizing Committee of the Newroz celebrations, and who defended the right of education in mother tongues in his speech, was acquitted after four years. A Tunceli court on June 13, acquitted Aygun, ruling that "the elements of crime were not found" Aygun was being charged with "criticizing the practices in Tunceli and in the country, and causing the crowd to chant slogans " and faced five years in prison.

The "Anadolu'da Vakit" (Time in Anatolia) newspaper had published the photographs of the Head and three members of the Second Board of the Council of State, who had given the decision that blocked headscarved women from serving as headmistresses at nursery schools. The title of the photograph was: "These are the Members." An Istanbul court began trying the newspaper's owner Nuri Aykon and editor-in-chief Harun Aksoy on June 13. The court ordered that Aykon and Aksoy are brought to court by force. The journalists are being charged with "marking justice officials as targets for terrorist organizations,", "Insulting judges and prosecutors," and "insulting the court," and face 34.5 years in prison. The trial will continue on September 28.

On June 9, an Istanbul court continued trying "Tempo" magazine reporter Enis Mazhar Tayman and editor-in-chief Neval Barlas for an interview about Ibrahim Guclu, the spokesman of Diyarbakir KURD-DER and the former deputy head of Rights and Freedoms Party (Hak-Par). The court decided not to question Barlas since the author of the report is known. The court decided that Tayman is brought to court by force. The trial will continue on October 5. Tayman is being charged with "humiliating the Turkish identity and the republic," and "provoking people to disobey the laws," with the report titled, "I would have torn that identity card," published in the magazine on December 2, 2005.

"Radikal" newspaper writer Murat Belge was acquitted on June 8. He was being charged with "influencing judgment" by criticizing a court decision to cancel the Ottoman Armenians Conference. An Istanbul court dropped the prosecution on the article titled, "Slaying Law," published on September 24, 2005, because of limitation of time. The court evaluated the case on the article titled, "A court decision" published on October 15, 2005 and made a decision of acquittal. Writers Ismet Berkan, Haluk Sahin, Erol Katircioglu and Hasan Cemal, who were also being charged with "influencing judgment," and "insulting the jurisdiction," had been acquitted. However, the case was taken to the Supreme Court of Appeals after the prosecutor's office appealed the decision.

Lawyer Hasip Kaplan, who was being charged with "dangerously inciting grudge and enmity" by expressing his opinions on daily issues in a program called "Alternatif" (Alternative) on "Flash TV" on April 3, 2005, was acquitted. On June 8, Prosecutor Mehmet Akilli, referred to the European Convention on Human Rights, and said Kaplan should be acquitted. A case was brought against Kaplan on November 29, 2005 with the complaint of the Military Prosecutor of the General Staff. He faced 4.5 years in prison based on article 216 of the Penal Code.

The case brought against writer Perihan Magden for "putting people off from serving in the military" by writing an article titled, "Conscientious Objection is a Human Right," began on June 7. A group that called themselves, "Martyr Families" protested against Magden at the court entrance. Special police teams took security measures in front of the court room. The case was brought against Magden with the complaint of Legal Consultancy of the General Staff because of the article published in the weekly "Yeni Aktüel" magazine in December 2005. Magden is facing three years in prison. An application by 11 people on behalf of the Martyr Turkish Mothers and Women to be involved in the case was rejected on grounds that the "applicants were not harmed and are not a side." The trial will continue on July 27. The Human Rights Association (IHD) condemned the trial.

On June 2, a Tunceli court continued trying five human rights activists who were in the group that received Private Soldier Coskun Kirandi, who was kidnapped by the PKK in July 2005, and five reporters who covered the event. The court, after listening to the statements of defendants, ordered that IHD Diyarbakir Representative Selahattin Demirtas also gives his deposition. The trial will continue on September 8. The activists and the reporters are faced with five years in prison. Dogan News Agency (DHA) reporter Ferit Demir, Dicle News Agency (DIHA) reporter Rustu Demirkaya and Abdulkadir Ozbek and Anatolia News Agency (AA) reporter Haydar Toprakci are also being tried.

"Idea Politika" magazine's publication manager Erol Ozkoray had been convicted because of articles titled, "What is the use of Army?" and "New Barbarians Taliban with Epaulets." Ozkoray is now being retried on the basis of the new Penal Code. An Istanbul court on June 2, decided that Ozkoray's prosecution continues on December 12. Cases that were opened because of an article titled, "Turkey is deceiving itself," published in December 2001, and an interview with RSF Secretary-General Robert Menard, titled, "Turkish regime is schisophrenic" based on article 159 are continuing in the same court. Both individuals are being accused of "insulting the republic's and state's military forces."

On June 1, Prime Minister Erdogan sued "Birgun" newspaper's writer Erbil Tusalp for 10,000 new Turkish liras (USD 6,500) in damages. Tusalp had said that it should be investigated whether Erdogan "had a sickness as a child which caused very high fever." A complaint was filed against the writer at an Ankara court because of his article titled, "Get Well," published on May 6, 2006. The writer had said that the prime minister is having such a nervous breakdown that he tore the visitor book at the house where Mustafa Kemal was born. The writer had continued: "I am suspecting he is currently having an "psychopathic agressive" disease. Still, I wish he gets well soon."

Peri Publishin House owner Ahmet Onal was sentenced to a year and three months in prison on May 31, because of a book by writer Evin Cicek, titled, "Passions and Prisoners." The court ruled that the book "insults Ataturk." Judge Irfan Adil Uncu of a Beyoglu penal court did not postpone the punishment.

Singer Ferhat Tunc was tried on May 31 because of an article titled, "A Revolutionist Leyla and A Song " he wrote for the "Yeniden Özgür Gündem" (Free Agenda Again) newspaper. Tunc is being accused of "insulting the court." The singer will stand trial again on September 28.

Songul Ozkan, the owner of Evrensel Publishing, is being tried based on article 312 of the Penal Code, because of a book called "Kurdish Revolts," by journalist Ahmet Kahraman. A Beyoglu penal court on May 25, ruled that Ozkan may not be held responsible for a book whose writer is known. The trial now will only cover Kahraman.

On May 24, the Supreme Court of Appeals overturned a fine of 5,000 new Turkish liras handed out to "Cumhuriyet" caricaturist Musa Kart for drawing Prime Minister Erdogan as a cat. The Supreme Court of Appeals said that "it cannot be claimed that political ciriticisms through drawing caricatures are against freedom of press or freedom of expression." The Supreme Court also said that although political caricatures may be disturbing for politicians, they are important in helping readers understand things more clearly.

On May 13, the Solidarity Association for Human Rights and the Oppressed (MAZLUM-DER), reacted against the fact that reporter-writer Emine Senlikoglu was sentenced to a year in prison based on article 126 of the Turkish Penal Code, because she expressed her opinion in a television program she attended in the Manavgat ilce of Antalya.

On May 11, the Supreme Court of Appeals upheld a decision by an Istanbul court to sentence Hrant Dink, the general manager of the "Agos" newspaper to a postponed six months in prison for "insulting the Turkish identity." The court said that the statements by Dink, without doubt, "constituted an insult to Turkish identity." "It is impossible to accept that it is within the scope of the European Convention on Human Rights to humiliate a society while praising another," said the Court.

A Turkish court acquitted Professor Doctor Ibrahim Kaboglu, the former head of the Human Rights Advisory Board of the Prime Ministry, and board member Professor Doctor Baskin Oran, who were being charged because of the Minority Rights and Cultural Rights Working Group Report. On May 10, an Ankara court, acting in line with the prosecutor's request for acquittal, dropped the case, which was opened on the basis of article 301/2 of the Penal Code. The court made a decision of acquittal on the allegation based on article 216/1.Kabaoglu and Oran were faced with up to five years in prison for for "inciting hatred and enmity," and "publicly insulting justice."

On May 9, "Milli Gazete" (National Newspaper) writer Mehmet Şevket Eygi, was sentenced to a year in prison for "inciting hatred and enmity" by writing an article titled, "There is no Effort or Patriotism Left," published on March 20, 2005. Eygi's lawyer Ali Cahit Polat appealed the decision. Republic Prosecutor asked for an acquittal on the accusation of "inciting hatred and enmity based on religious or sect differences." The Istanbul court's judge Ruveyde Kaner, handed out a punishment based on article 216/1 taking into account "the way in which the crime was committed, the importance of the crime and the aim of the defendant." The case against Eygi was opened with an indictment dated April 24, 2005.

On May 8, an Ardahan court delivered its decision to order Selmi Yilmaz and Fakir Yilmaz from the "Kuzeydogu Anadolu" (Northeastern Anatolia" newspaper, to pay 8,000 new Turkish liras (USD 5,200) in damages to the Provincial Security Head Mehmet Gurtekin. The two reporters had accused Gurtekin of not taking measures against the sex workers in town. A case was brought against the reporters for articles titled, "Our population is growing," and "Security Continues," published on June 2, 2005. The reporters were sued for 20,000 new Turkish liras (USD 12,900) in damages.

The Supreme Court of Appeals overturned a lower court's decision to hand out a fine to "Radikal" newspaper's writer Yildirim Turker for "insulting" Prime Minister Erdogan through an article titled, "The Streets will Win," published on June 28, 2004. According to media reports on May 8, the Supreme Court of Appeals ruled, "The plaintiff, besides being a party leader, is the prime minister of the Republic of Turkey. His reactions to social and individual demands can be argued and harshly criticized. Criticism is one of the media's constitutional rights." The Court overturned the lower court's decision with three votes against two.

On May 8, the Kocaeli Freedom of Faith Platform and a group of MAZLUMDER members and volunteers filed an official complaint about Turhan Selcuk for his caricature published in the "Cumhuriyet" newspaper on April 2006. The group claimed that the caricature constituted "insult and humiliation."

On May 5, Prosecutor Omer Karacal demanded the punishment of journalist Sebati Karakurt and the "Hurriyet" (Freedom) newspaper's managers Necdet Tatlican and Hasan Kilic based on article 6/2 of the anti-terrorism law, saying that the interview Karakurt conducted on the Kandil Mountains and published in the Sunday Supplement of the newspaper, "was published in a way that constitutes a propaganda on behalf of the organization." Karakurt, during his deposition, said he wrote similar reports in other countries, and said that this is a requirement of journalism. The case was adjourned until September 21.

On May 4, a prosecutor asked that writer Murat Yetkin of "Radikal" newspaper is sentenced to 4.5 years in prison for "attempting to influence a fair trial" by criticizing a case brought against writer Orhan Pamuk in his column. Yekin, in his article published on September 18, 2005, titled "Turkey will be tried in the case against Orhan Pamuk," had written that the Pamuk case would be used against Turkey during its EU negotiations. He added: "I wonder how many in Ankara realize that Turkey, as well as Pamuk will be tried in this case." The court will continue trying Yetkin on August 24.

On May 3, the Beyoglu Republic Prosecutor Nihat Erdem brought a case against "Ulkede Ozgur Gundem" newspaper's reporter Birgul Ozbaris for "putting people off from serving in the military," by writing reports titled "Don't Point Guns at Your Brothers," published on April 24 and "Conscientious Objector Savda: Don't Serve in the Army" published on April 9, 2006. Up to now, six cases have been brought against Ozbaris for "putting people off from serving in the military," and one case for "praising the crime and the criminal." A Beyoglu court will start trying Ozbaris on July 6. She faces a total of 21 years in prison.

A case brought against reporter Nese Duzel for an interview published in the "Radikal" newspaper titled, "Ocalan Will be Freed one Day," may be dropped due to a limitation of time. Duzel is being accused of "disseminating terrorist propaganda." On May 2, a Bagcilar penal court Prosecutoer Omer Karacal asked that the case is dropped becuase it was not opened in time. However, the prosecutor said that the case against Orhan Dogan, a founding member of the Democratic Society Party (DTP), who gave the interview to Duzel, was opened in time. The case opened based on the anti-terrorism law, will continue on August 10.

A case was brought against Osman Baydemir, the Mayor of the Diyarbakir Metropolitan Municipality on May 2, because of an interview with the "Tempo" magazine. The case was opened with the request of the Justice Ministry. The prosecutor demanded that Baydemir is sentenced to 1.5 years in prison for "openly humiliating people based on racial and regional differences," through the media. With the order of the court, Baydemir will make a deposition on July 7 at the a Diyarbakir court. Prosecutor Ali Cakir also included in his indictment, the expressions, "Baydemir does not want Roj TV to be closed; He wants the isolation of Abdullah Ocalan to be lifted," published in the magazine.

On May 1, the Supreme Court of Appeals overturned a lower court's decision to sentence Hrant Dink, the general manager of the "Agos" newspaper to a postponed six months in prison for "insulting the Turkish identity, " ruling that there are shortcomings in implementation. The court ruled that the expression "The clean blood, which will replace the poisonous blood from the Turk, is present in the noble vain between the Armenian and Armenia," constitutes an insult to the Turkish identity.

On April 23, Huseyin Kara, the head of the Superiority of Law Association, filed an official complaint against caricaturist Turhan Selcuk and the "Cumhuriyet" newspaper's editor-in-chief Guray Oz. The official complaint submitted to the Istanbul Republic Chief Prosecutor's Office stated that in the newspaper's April 19, 2006 edition, there was a caricature by Turhan Selcuk named, "Headscarved pig heads towards European Union." The application said that the caricature constituted an insult to Muslims and asked for legal action against Selcuk and Oz.

On April 21, an Ankara penal court acquitted Alaaddin Dincer, the head of the Education and Science Workers' Union (Eğitim-Sen), who was being charged with "praising crime," by telling the Peace Mothers: "Your Fight is our fight. We are also supporting peace, we thank Peace Mothers." The court also acquitted Yuksel Mutlu, an official of the IHD, who talked about the imprisoned PKK leader Abdullah Ocalan, as the "Kurdish leader." The court said that Mutlu did not make a speech on July 12, 2004, and added that it was Muyesser Gunes who made the speech.

On April 20, the European Journalists' Federation (EFJ), which is a regional organization of the International Journalists' Federation (FİJ), condemned the fact that a case was brought against "Afrika" (Africa) newspaper's writer Serhat Incirli for "insulting the Turkish nation." EFJ Secretary-General Aidan White said that Incirli was charged because of two articles in which he criticized Turkey. White added that this was the first time Turkish officials attempted to open a case against a Turkish Cypriot journalist, and condemned the decision. "This is a planned attampt to intimidate independent journalists, and to put free discussions within society under pressure," said White. The news about the case got out when Turkish Cypriot official Ferdi Sabit Soyer told the Turkish Cypriot Journalists' Society: "The police has questioned Serhat Incirli's family to determine his address."

On April 20, an Adana penal court, despite the opinion of the Supreme Court of Appeals Repunlic Chief Prosecutor and the Prosecutor, sentenced radio presenter Sabri Ejder Ozic to six months in prison, based on article 301 of the Penal Code. The court did not postpone the sentence or commute it to a fine. The court sentenced Ozic for "openly humiliating the parliament." Ozic, on February 24, 2003, when the motion of allowing US military to go through Turkey on their way to Iraq was sent to the Parliament by the Council of Ministers, had said on the "Kaptanın Seyir Defteri" (The Captain's Journal) program: "If this Parliament is going to approve sending soldiers to a terrorist activity, then this Parliament is terrorist."

In mid-April, the media reported that the Supreme Court of Appeals did not find any elements of crime in the case Prime Minister Erdogan brought against caricaturist Musa Kart for "attacking his personal rights." The Supreme Court of Appeals also rejected the case the prime minsiter brought against the "Sakarya" newspaper in Eskisehir. Erdogan had sued the newspaper for 10,000 new Turkish liras (USD 6,500) in damages. Thus, the Supreme Court of Appeals upheld a lower Eskisehir court's decision that there is no elements of crime in the caricature.

Nalan Akgun, the Media and Public Relations Coordinator of the Van Yuzuncu Yil University, and Azer Banu Kemaloglu, the research official of the English Language and Literature Department had worn white ribbons to protest the arrest of the university's president, Prof. Dr. Yucel Askin. A case was brought against Akgun and Kemaloglu for "influencing judgment." The two were acquitted on the first hearing on April 17. A Van penal court was trying Akgun and Kemaloglu based on article 288 of the Turkish Penal Code. They faced up to three years in prison.

An Ankara court on April 11, rejected a case brought by Prime Minister Recep Tayyip Erdogan againt the "Ortadogu" newspaper for an article titled, "An assertive policy or a slimy one?" Erdogan had sued the newspaper for 10,000 new Turkish liras (USD 6,500) in damages. The newspaper and writer Zeki Saracoğlu had criticized the Prime Minister for using the headscarf problem as a political tool.

The case brought against journalists Hasan Cemal, Ismet Berkan, Haluk Sahin and Erol Katırcıoğlu for criticizing the cancellation of the Ottoman Armenians Conference, was dropped on April 11 because of limitation of time. The journalists were being charged with "attempting to influence a free trial," and "publicly insulting judgment," and faced prison sentences of 6 months to 10 years. The Bagcilar Prosecutor's Office appealed the decision. The complaint against "Radikal" newspaper writer Murat Belge was not dropped because his article did not face the limitation of time. Belge will continue to be tried at a Bagcilar penal court.

On April 7, "Kurtlar Vadisi" (Valley of Wolves) actor Necati Sasmaz, directors Raci Sasmaz, Hasan Kacar and Bahadir Ozdener, filed complaints against journalists Metin Uca, Hincal Uluc and Perihan Magden because of their statements on the "Kurtlar Vadisi" series and "Kurtlar Vadisi-Iraq" film. The Kadikoy Republic Prosecutor's Office brought a case against journalist Perihan Magden for "humiliating" the "Kurtlar Vadisi" film "through the media." Magden faces two years in prison.

The case brought against the Literatur Publishing House because of the novel called "Symirni Magicians" by Mara Meimaridi, based on article 201 of the Panal Code, began at a Beyoglu penal court on April 6. The trial will continue on July 26. Abdullah Yilmaz, a manager of hte publishing house, is being charged with "humiliating the Turkish identity, the Turkish State and the Turkish Armed Forces."

On April 6, editor Ali Riza Vural of Doz Publishing House, stood trial because of a two-volume book by Mesut Barzani, titled, "Barzani and the Kurdish National Freedom Movement." A case brought against the first edition on February 2003 was dropped due to amendments to the law. The book is now on trial for the second edition published in May 2005. A Beyoglu court will continue with the trial on July 20. In the indictment dated October 5, 2005 by Beyoglu Republic Prosecutor Nihat Erdem, editor Vural is being accused of "insulting the Republic." Vural faces up to three years in prison based on article 301/2 of the Penal Code.

On April 3, Prime Minister Erdogan appealed a court decision to reject a 40,000 new Turkish liras (USD 25,800) damages case he brought against "Penguen" magazine for publishing a caricature called "Tayyip World."

Regulations and quest for rights

On April 12, Foreign Minister Abdullah Gul, who announced the government's reform package, said that there are no problems regarding the implementation of the new Turkish Penal Code and added that they do not foresee any changes to article 301, which came under the spotlight with the Pamuk trial.

The IHD and TIHV had applied to the Council of State to annul the National Security Document, which is defined as the "Secret Constitution," and the Council of Ministers decision, which put the document into effect. On May 18, Council of State Head Ali Güven and members Ahmet Baspinar, Cem Erbuk, Nuket Yoklamacioglu and Ibrahim Berberoglu unanimously decided to ask from the Prime Ministry for a copy of the document and its defense on the application. The Council of State will then evaluate the application.

In September 2003, Prime Minister Erdogan's security guard had kicked "Star" reporter Musa Agacik at Istanbul's Dolmabahce. After two and a half years, a court ordered the security guard Murat Oksuz to pay a fine of 3,000 new Turkish liras (USD 1,900). On June 20 an Istanbul penal court ruled that the security guard had "badly treated the people."

On May 25, a court continued trying Mayor Hasan Balaman for beating, with his security guards, Arif Bayram Tas, the former Isparta representative of "Zaman" newspaper and Cihan News Agency (CIHA) reporter Mustafa Altintas when they came to his office in February.The Isparta penal court, which took the deposition of the mayor's Private Secretary Ayhan Gurcicek, Banu Okur, Cengiz Simsek and Mustafa Kabaagac, decided that Balaman is brought to the next hearing on July 5 and that CIHA reporter Altintas is sent to the Forensic Medical Institution.

Yalcin Ozbey, one of the perpetrators of the journalist Abdi Ipekci murder, was released on May 21. Ozbey was arrested on grounds of armed threat. On March 4, Ozbey was sent to the Forest Prison in Belgium's capital city, Brussels. Ozbey, who was arrested because of "raiding and racket" was released pending the outcome of the trial.

At the end of April, the Supreme Court of Appeals Republic Chief Prosecutor's Office stated that seven of the Umut Case defendants, who were found guilty of murdering intellectuals including Ugur Mumcu, Bahriye Ucok and Ahmet Taner Kislali, should not take advantage of the Amnesty Law. The Chief Prosecutor's Office also demanded that the life-long prison sentence handed out to Ferhan Ozmen and a 15-year prison sentence handed out to Ekrem Baytap are upheld.

Censorships and Reactions Against Monopolization

The anti-terrorism law, which created concern among national and international freedom of expression institutions, was accepted by the parliament on June 29. The draft had been postponed by Republican People's Party on grounds that it would bring amnesty to PKK lideri Abdullah Ocalan. Under the law, which includes a very wide notion, such as "publication official" calls for prison sentences for "publishing statements by the terrorist organization," and "disseminating terrorist propaganda." Justice Minister Cemil Cicek, before the discussion session in parliament said: "I wish we had not come with such a draft. It is a very sevimsiz draft." After the parliament's approval of the law, Cicek promised: "Rights and freedoms will not be restricted."

A law on Military Courts, no: 5530, which restricts civilian trials in military courts, was accepted by parliament on June 29. The law enables civilians to be tried in normal courts unless they commit a military crime together with military personnell. However, under the law, civilian courts will be able to refer to the decrees of the Military Penal Law.

On June 22, the Republican People's Party Lawmaker Feridun Baloglu, asked the number of cartoons the Turkish Radio and Television (TRT) brought from local and foreign companies since January 12, 2004, and how these cartoons are selected. Baloglu in his motion submitted to the Turkish Grand National Assembly to be answered by State Minister Besir Atalay, pointed to the statements by TRT Television Department Head. The TRT Television Department Head, in his statements to a newspaper had said: "As TRT, our broadcasts are in line with the Turkish culture. That's why we didn't buy the cartoon 'Winnie The Pooh.' Baloglu wants to learn which channels broadcast the films that are brought and at which times. If there are some that are not broadcast, Baloglu also asked why.

The representatives of publisher and writer institutions believe it will take time for Turkey to solve the problems which led to warnings on "freedom of expression" by the Enlargement Commissioner Olli Rehn in the Luxembourg summit in June 12, when the EU decided to formally begin negotiations with Turkey. Turkish Publicists' Union (TYB) Secretary General Metin Celal said: "The implementers are resisting all laws that bring freedoms by wrongly interpreting them or not implementing. Unfortunately we cannot look at the future with too much hope." Vecdi Sayar, the head of PEN Turkey Center is optimistic but does not think the problems can be solved in a short time.

Cemal Dogan, the general manager of "Gun TV" in Diyarbakir, on June 12, stated that they could not be pleased about reports that the time limitations on broadcasts in mother tongues are gevsetilmek for cultural programs such as cinema and music. The televisions are limited to four hours of broadcasts in mother tongues in a week, while the radios are limited to five hours per week. Dogan said they go through a lot of difficulties under the current circumstances. He added that RTUK should be more flexible not about specific programs but on conditions for regular broadcasts. "Problems will continue as long as the scope of the regulation remains this way," said Dogan. "If they want to take a step in this field, they should fully review the regulation."

A group of 250, including members of the Press and Communication Workers' Union (Haber-Sen), Global Peace and Justice Commission (Kuresel BAK) and TRT workers, who said "No to pressures and censorship in TRT," gathered in front of the TRT Istanbul Radio in June 7 and made a press statement. TRT reporter Mehmet Demir, who is also the Haber-Sen Beyoğlu Şubesi Basın-Yayın Sekreteri gave many examples of censorship and pressures in the TRT. Academician Ufuk Uras, the Confederation of Public Workers' Union, DISK Secretary-General Musa Cam, artist Salih Guney and TRT Radio artist Umut Akyurek supported the demonstration.

On May 30, TCG Head Orhan Erinc talked to students about the problems of the media during the "Tuesday Conferences" organized by the Communications Department of Marmara University. Erinc argued that "opposing unions constitutes a disrespect for the rights of journalists."

On May 12, Sanar Yurdatapan, one of the spokespersons of the initiative called, "The Voter is Watching You" said they are against the anti-terrorism draft because it "restricts freedoms more than terrorism, because it gives a green light to torture and it brings back the State Security Courts (DGM)." Yurdatapan warned that if the draft is approved the law will lead to a legal chaos by leading to a confusion of notions. "The whole law should be withdrawn not just a couple of articles," said Yurdatapan. The TGC on May 16 organized a panel about the "Draft Anti-Terrorism Law" together with the Turkish Penal Law Association.

An investigation was launched into intellectuals, who staged a civil disobedience action on March 28, calling on the withdrawal of regulations of the Penal Code that restrict freedom of thought. The intellectuals made a deposition to Prosecutor Nurten Altinok on May 5 at the Istanbul Sultanahmet Court. Seven people among the 20, who turned themselves in, said in their deposition: "The signature belongs to me, I participated in this action, I don't have anything else to say."

Co-Chair of the EU-Turkey Joint Parliament Committee Joost Lagendijk, who organized a press conference after the 56. meeting of Turkey-EU Joint Parliament Committee (KPK) in May 5 in Ankara, said: "What I said at the opening are effective. When we look at the reforms in Turkey, we are faced with a quite mixed picture."

On April 19, Mus Provincial National Eduaction Directorship handed out a condemnation to Literature Teacher Kasim Siginc of Endustri Meslek Lisesi, who writes articles for the "Haber 49" (News 49) newspaper. The directorship, which based the punishment on article 125/B-d of the Public Servants' Law No: 657, commuted Siginc's punishment to a "warning" on April 19, beacuse of his "positive efforts and clean record."

Sanliurfa's "Medya FM," which began broadcasts in the Kirmanchi dialect of Kurdish on March 23 with the permission of RTUK. It is continuing these broadcasts with many difficulties. The radio is broadcasting Kirmanchi programs five times a week. Its General Coordinator Mustafa Arisut, on April 6, said that two employees had to work 10 hours a day to prepare the program, present it and fulfill the bureaucratic yukumluluker.

European Court of Human Rights

On June 27, the ECHR ruled that the right of freedom of expression of editor-in-chief Hasan Deniz was restricted. Deniz received punishment for "disseminating separatist propaganda," because of an article by Fikret Baskaya published on June 1, 1999 in the "Ozgur Bakis" (Free View) newspaper. The ECHR, on January 4, 1999, ordered Turkey to pay 6,500 euros (13,000 new Turkish liras) to "Yeni Evrensel" (New Universal) newspaper officials Fevzi Saygili and Tuncay Seyman in a case about distributing the newspaper in regions ruled with martial law. The ECHR fined Turkey 16,000 euros (32,000 new Turkish liras) in a case brought by Tunceli Culture and Solidarity Association Head Selman Yesilgoz and association's committee member Ali Firik.

On June 22, the ECHR fined Turkey 3,500 euros (7,000 new Turkish liras) in a freedom of expression case opened by the Urun Publishing House. An official of the publishing house had been sentenced to 13 months and 10 days in prison because of a book called, "Turkish Communist Party 5th Congress Documents." The court had ruled on March 28, 2003, that the book disseminates "separatist propaganda." The ECHR ruled that expressions such as "faschism" and "the Kurds' right to separation" may point to a certain severeness, but cannot be seen as expressions that may lead to use of violence among citizens, or incite hatred and enmity.

On May 11, the ECHR, accepted an application by journalist Zeynel Abidin Kizilyaprak during its preliminarty investigation. Kizilyaprak had been sentenced to prison for articles he wrote as the editor of the "Kurds from 1900 to 2000" Chronological Album. He was found guilty of disseminating "separatist propaganda." Kizilyaprak who was the editor of the album prepared by the closed down "Ozgur Bakis" newspaper, was sentenced to a year and four months in prison and was fined 1,612 new Turkish liras by an Istanbul State Security Court.

On May 4, the ECHR ordered Turkey to pay a fine of 33,052 euros (52,880 new Turkish liras) for violating freedom of expression. Democracy Party (DEP) lawmakers Mahmut Alinak, Sirri Sakik and Ahmet Turk were sentenced to prison for asking that the Kurdish identity is recognized and that "violence policies" are ended during their speeches. In the case opened by Alinak, Sakik and Turk, the ECHR ordered Turkey to pay a fine of 26, 500 euros (42, 400 new Turkish liras). The ECHR also ordered a fine of 3,500 euros (5,600 new Turkish liras) for Ahmet Ergin, the editor-in-chief of the "Gunluk Emek" (Daily Labour) newspaper, who received a punishment at the General Staff Military Court for a report titled "Sending off to military service and social memory."

On May 2, the ECHR ordered Turkey to pay 3,052 euros (4,880 new Turkish liras) in damages to writer Erdogan Aydin Tatlav, who had been punished for "insulting Islam" through his book "The Reality of Islam."

On April 11, the ECHR ordered Turkey to pay 24,800 new Turkish liras in freedom of expression cases opened by Democracy Party former lawmaker Mehmet Hatip Dicle, "2000'de Yeni Gundem" (New Agenda in 2000) newspeper's owner Mehmet Emin Yildiz and workers, and Sevgi Yilmaz, who made a speech at the Elazig Branch of Labour's Party. The ECHR also ruled on a fine of 9,000 euros (14,400 new Turkish liras) in a case about abolishing the "2000'de Yeni Gundem" newspaper in martial law regions.

On April 4, the ECHR convicted Turkey for not offering a fair trial to Hasan Celal Guzel, who had been sentenced to prison by a State Security Court when he was the Head of the Yeniden Dogus Partisi (YDP). The ECHR, which took the decision unanimously, ordered Turkey to pay Guzel 1,000 euros (1,600 new Turkish liras) in court expenses. AIHM said the best action would be to retry Guzel in a free and objective court.

RTUK Penalties

According to the Web site of the Radio and Television Higher Board (RTUK) no penalties have been handed out in the last three months of 2006. Since there is no announcement on the RTUK Web site on the issue, we are hoping that there were penalties towards the media. (EO)