Debating Free Press in the Kivrikoglu Trial
In May, RSF had set up a display of "Predators of press freedom," on the floor of the Paris Saint Lazare railway station. Kivrikoglu's picture was superimposed on a map of the world among the pictures of political and military leaders in 38 countries, who were accused of blocking press freedom.
There had been increased reaction in Turkey against this exhibit at the time. Kivrikoglu brought a case against RSF accusing them of using his picture without permission and invading his personal rights.
A large number of journalists followed the hearing. Kivrikoglu's lawyer Armand Bourakis said the issue was not the violation of press freedom in Turkey, but the invasion of Kivrikoglu's personal rights.
"Walking over someone's photograph and humiliating that person is something that could only be seen in Iraq," said Bourakis.
Contradicting RSF's assertions, Bourakis said the fact that Kivrikoglu was a public person did not justify his picture being used anywhere. Bourakis also emphasized that although Palestine was among the 38 countries that violated press freedom, the exhibit did not include a picture of a Palestinian leader.
"I believe RSF is more scared of Palestine," added Bourakis.
"No intention to assault"
RSF's lawyer Jean Martin demanded that the case be dropped.
"The real issue involved in this case should have been insult. Because then, we would be discussing whether RSF's acclamations about freedom of press violations in Turkey are right or not. By resorting to legal discretions, they are trying to avoid this discussion," he said.
The lawyer accepted that the word "prédateur"- predator- was accusatory. "The predators of press freedom in Turkey live on by suing, censuring and torturing journalists," said Martin.
In an almost an hour speech, Jean Martin told the court about the human rights violations in Turkey basing his arguments on the decisions of the European Court of Human Rights (ECHR), and EU reports.
Martin drew attention to the influence army has in politics and the fact that journalists in Turkey are tried by State Security Courts (DGM). Martin said that displaying the pictures on the floor did not have the intention of assault. He gave examples of other exhibits where the floor was used as an interesting and effective medium of communication.
Kirikkanat defended Kivrikoglu
Mine Kirikkanat who writes for the daily Radikal sent a written statement to court, defending Kivrikoglu.
In this statement Kirikkanat said that Erol Ozkoray, the owner of the Idea Politika magazine, who served as a witness for the freedom of press violations in Turkey, could not be a trustworthy source because of the fraud accusations against him.
Kirikkanat stated that more than 30 cases were brought against her but that she was acquitted in most of the cases. This is because the lawyers and journalists in Turkey fight for the freedom of press, said Kirikkanat.
She stated that Turkey was displayed as a fascist dictatorship in the exhibition by the RSF and criticized that Kivrikoglu was considered the same as dictators like Saddam.
After the hearing, RSF Secretary-General Robert Ménard said they were optimistic about the outcome of the trial. "With the latest reforms approved by the parliament, Turkey is taking steps in its path towards democratization. I wrote a letter of support to your prime minister and told him that I would like to visit him in Turkey. But as you know, I am banned from entering your country," Ménard said.
The court is expected to make a decision on January 29. (BG/EK/EA/NM)
