Journalist Prosecuted on Influencing Justice

The last hearing of the case was held at the Istanbul 2nd Criminal Court of First Instance on July 18 where Turgut himself was sentenced to a 20.000 YTL fine and Selcuk as well as Sucu were cleared of charges as the offender in the case had been identified and punished.

The article Turgut wrote said, "Despite for the first time in Turkey torture was scientifically proven through university reports; three police officers from the counter-terrorism branch were acquitted in the case against them".

The article stated that "Kizil Bayrak" (Red Flag) and "Ekim Gencligi" (October Youth) magazine owners and editors Ahmet Turan, Muslum Turfan and Dincer Erduvan, detained in 1988 on charges of being part of the "October" organization and after their custody, had received doctors reports showing they had been assaulted.

Two of the suspects were given a medical report that one could not function for 5 days and one of them for 3 days. But a case later launched at an Istanbul High Criminal Court against the officers concerned led to an acquittal on September 30, 2004.

Eventhough the decision was appealed against, the relevant article of the Press Law used to sentence journalist Alper Turgut was revived in the case of "Radikal" newspaper reporter Ismail Saymaz on October 5.

Ismail Saymaz on Trial

Saymaz is at court for refusing to pay a 20,000 YTL fine for publishing a doctor's report relating to the torture of children. Last week, appearing before the court, the newsman submitted a 2-page defense as his lawyer Ferhat Burgul filed for an extension to examine the case.

Saymaz's case has been adjourned to February 15.

Did M.Y. fall, or was there torture?

Subject to the Saymaz case is a February 23, 2006 news report in the Radikal daily titled "Allegation of torture of 11 year old child" which sparked off the investigation based on news related to an ongoing investigation.

11 year-old MY was detained by the police following demonstrations in the Bagcilar district of Istanbul conducted during a pro-Kurdish memorial day.

He claimed he was playing ball when picked up and then tortured under custody.

Saymaz's report said that while being held at the 100. Yil Kemalpasa Police Station, young MY was beaten with fists and truncheons and kicked. He also said that it was proven that he had been subject to physical violence.

After the news report went out in the daily, the police issued a statement in which it was claimed that MY had fallen while running away and sustained injuries because of that. The statement then went on to claim that the doctor's report referred to in the news item was related to this accident.

Judiciary and media face to face

As these cases prove, the judiciary, in its bid to pass justice is doing its best to protect and defend the information and documents in investigation files while journalists are trying to do just the opposite, by accessing and publicizing the same information and documents.

The 5187 number Press Law passed on June 9, 2004 says under article 19 that publishing any content of documents relating to the prosecution, judge or court proceedings and investigation, from the moment a preparatory investigation is launched to when a decision is taken to open a public case or dismiss proceedings, is a crime.

The prosecution of newsmen, particularly those following freedom of expression and torture cases under this law had in the past months led to the daily "Cumhuriyet" newspaper being sentenced. (EO/II/YE)