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The Press Advertisement Institution (BİK) has cut the public ads of daily Evrensel for 45 days over an article of Ragıp Zarakolu. The article "There is no escape from ill fortune" was published on the daily on May 5.
This recent fine of the Institution marks the longest period when the public ads of a media outlet will be cut.
In the justification of the fine, the BİK has said that "the content of the article referred to the passing of late Adnan Menderes as a result of capital punishment and its title and conclusion part indicated that there would be no escape for President Erdoğan from a similar fate."
Based on these evaluations, the Institution has concluded that the boundaries of freedom of expression were overstepped "as the article meant that the democratic state of law based on human rights could as well be abolished today, thereby hinting at a coup."
After a military coup on May 27, 1960, the then Prime Minister Adnan Menderes was imprisoned together with several other senior state officials. In the ensuing trial, he was sentenced to capital punishment. He was put to death on September 17, 1961 together with Fatin Rüştü Zorlu and Hasan Polatkan, the then Ministers of Foreign Affairs and Finance.
'Such a fine as this is not explicable'
Devrim Avcı, the attorney of Evrensel, has indicated that the newspaper will object against the fine. "It cannot be explained by law that an article penned by a columnist in the light of his own opinions within the frame of freedom of expression is given such a fine," Avcı has said.
He has also underlined that the article in question did not defend a coup, but criticized it, as Zarakılu himself also previously indicated.
"In a later statement, the columnist himself explained that he was himself the victim of coups and it was not possible for him to defend one," attorney Avcı has noted. "We explained this in our detailed defense that we sent. Referring to judgements given about this issue, we explained that the article fell within the frame of freedom of thought and expression."
Avcı has reiterated that 45 days is the longest public ad cut that has ever been given to a media outlet by the Institute.
Reminding that Evrensel has long been facing similar fines and acts, attorney Avcı has noted, "It makes one think that the newspaper is faced with an all-out hostile attitude." The newspaper will appeal to all legal means against these acts, he has indicated further.
What happened?
The article of Ragıp Zarakolu entitled "There is no escape from ill fortune" was published on daily Evrensel and Artı Gerçek news website on May 5, 2020. On the latter, the pictures of President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan and late Prime Minister Adnan Menderes were used side by side.
In a statement released by the Presidential Communications Directorate, it was announced that "a criminal complaint had been filed by Communications Director Fahrettin Altun against Ragıp Zarakolu and Arti Media (Artı TV and Artı Gerçek) due to the article (...) which contained a threat of coup and capital punishment by putting the pictures of President Recep Tayyip Erdoğan and late Prime Minister Adnan Menderes side by side."
A public action was requested to be taken against Arti Media and Zarakolu on the ground that they publicly committed a crime against the Constitutional order of the Republic of Turkey and President Erdoğan.
Accused of "being pro-coup" by the government circles due to his article, Ragıp Zarakolu responded to the allegations in a written statement.
Noting that the content of the article was against coups, rather than being pro-coup as alleged, Zarakolu indicated that "he had struggled against coups and putschist tendencies all through his lifetime."
On May 7, an investigation was launched against Zarakolu on charge of "targeting the Constitutional order by giving a message of coup."
On May 14, Evrensel newspaper Editor-in-Chief Fatih Polat and Managing Editor Görkem Kınacı deposed as part of the investigation.
On May 13, the Press Advertisement Institution (BİK) also launched an investigation into the same article. Evrensel sent a defense to the BİK on May 27. The defense of the daily referred to several Court of Cassation, Constitutional Court and ECtHR rulings, suggesting that the article was within the scope of freedom of criticism and expression. (HA/SD)
