Prosecutor Declines Governor's Complaint about Journalist

The Public Prosecutor's Office of Çıldır in the province of Ardahan (northeast of Turkey) set a precedent with the decision not to prosecute the journalist. Governor Öner Çan had lodged a complaint against journalist Fakir Yılmaz from kuzeyanaldolugazetsi.com ('north Anatolian newspaper'). The governor asked for prison sentence for the journalist, accusing him of "defamation". 

Reason for Çan's complaint was a news article published on 11 January 2009 on the newspaper's website and in that day's issue of Taraf newspaper. Yılmaz had reported about Çan's order to surround military tents on the frozen lake of Çıldır with a barrier of snow, piled up by a bulldozer of the local authorities. Headline of the article was "Authorities of Ardahan must have gone crazy". [The Turkish word for 'crazy' is identical with the place's name 'Çıldır'.]

Prosecutor's statement for freedom of the press

The prosecutor's office stated: "Regarding topics of general interest or topics attention should be drawn to it is the duty of the press to objectively and truthfully illuminate these issues to the people, to trigger public discussions from different points of view, to issue accurate and truthful information about social and political structures, to criticize authorities, to warn and to control within these means, and moreover to raise individual awareness of the society's and the people's problems".  

Journalist Yılmaz was notified of the decision on 24 September. As a result, there is no need of starting an investigation on Yılmaz under charges of article 125 (Defamation) of the Turkish Criminal Code (TCK).

Interviews and comments are a journalist's duty

The prosecutor's decision emphasizes freedom of the press and the importance of journalism. As an assurance it cites the amendments of the press law, no. 5187of the Constitution. The article on the website contains an interview with Hüseyin Aydın, the nephew of the bulldozer operator. The journalist did not report about the governor issuing the referring instruction. Additionally, the complainant had not asked for a dementi of the news.

As described in the decision, the journalist's report of almost 14 minutes starts with footage of salvage work to tow the bulldozer that sank next to the lakeshore, commenting the incident followed by a short evaluation made by Road Works Union president Mehmet Özdemir. After an interview with Hüseyin Aydın the report continues with an evaluation by general secretary Mete Özdemir and an interview with Ahmet Aydın. The report ends with Yılmaz's critical commentary and reference to the news from journalist Ümit Kılıç.

The decision claims that the suspect's activities remain within the borders of freedom of thought and criticism. It was emphasized the absence of criminal elements that could fulfill TCK article 125 on "defamation". (EÖ/VK)