Journalist Çapraz on Five-Year Probation Period

Erkan Çapraz, publications director of the local Yüksekova Haber newspaper published in Hakkari was sentenced to one year in prison. The punishment was based on the article entitled "We are not brothers!" by Selim Saklı. The article was published on the daily's website.

The Yüksekova 1^st Criminal Court of First Instance ruled that the article published on the YuksekovaHaber.com website on 27 April 2010 "incited the public to hatred and hostility". The decision was given on 22 March but the journalist was only notified this Tuesday (10 May). In a statement made to bianet, Çapraz expressed his confusion.

The writing Çapraz was punished for criticized the attack of Ahmet Türk, former Chair of the defunct Democratic Society Party (DTP), by İsmail Çelik in Samsun. The article also mentioned the impact created by the attack on the Kurdish people.

Deprived of civil rights

Türk's nose got broken from Çelik's punch during the attack on 10 April 2010.

Public Prosecutor Emrah Koçkuzu demanded journalist Çapraz's punishment according to Article 216/1 of the Turkish Criminal Law (TCK). Judge Mehmet Mustafa Eskin followed the plea and sentenced Çapraz to imprisonment of one year according to Article 216/1 TCK. Using his discretionary power, the judge mitigated the sentence to ten months.

Çapraz was also deprived of certain civil rights. Accordingly, the journalists is going to be deprived of the following civil rights until the date of his conditional release: perform a duty in a public office; the right to elect and be elected and other political rights; parental rights; guardianship and custodyship; managing or auditing a foundation, association, union, company, co-operative or political party; perform a profession or arts on behalf of a public institution or a professional organization belonging to a public institution; executing a freelance profession or working as a tradesman.

Five-year probation period

Eventually, the court decided to postpone the pronouncement of judgement. Thus, Çapraz is not able to appeal the decision. The sentence will only be executed if the journalist committed the same or a similar crime within the next five years as the time Çapraz will be on probation.

Çapraz was previously be tried under allegations of "spreading propaganda for the PKK", the militant Kurdistan Workers' Party on the grounds of publishing pictures of the PKK raid on the Aktütün Police Station. The Van 4^th High Criminal Court acquitted the journalist on 31 October 2008. Five other investigations about Çapraz were dropped as well. (EÖ/VK)