BİA² Media Monitoring Report

The "Network for Monitoring and Covering Media Freedom and Independent Journalism" (BIA2) project has published its third quarterly Media Monitoring Report, which covers the period July-September 2004.

The 13-page report provides a chronological account of all rights violations under the topics: "attacks and threats," "detentions and arrests," "trials and attempts," "European Court of Human Rights," "RTUK practices," "regulations and legal procedures," and "reaction to censorship."

According to the BIA2 report, two out of six reporters in the provinces of Van and Ordu, who said they were threatened, filed a complaint at the prosecutor's office against the governing Justice and Development Party (AKP) officials.

The report, which covers 26 court cases and the situation of 69 journalists, shows that three cases have ended in a court decision of lack of grounds for legal action, and five have ended in sanctions. The Supreme Court of Appeals overturned lower courts' rulings about three journalists, while four new cases were opened against media members and one preliminary inquiry was launched.

The "Gunluk Evrensel" (Daily Evrensel) newspaper was handed a fine of 10 billion Turkish liras (USD 6,700) in damages for publishing a caricature of Prime Minister Recep Tayyip Erdogan. "Tavir" (Manner) magazine was closed down for 15 days for another caricature.

Following are the details of the report:

Attacks and threats

* On September 25, during a KESK protest in the Sarachane district of Istanbul, police sprayed the face and mouth of a reporter of the "Cumhuriyet" (Republic) newspaper with pepper spray and hit him on his back. Reporter Gokce Uygun was following the protest at the time. The Istanbul branch of the Contemporary Journalists' Association (CGD), and the Turkish Journalists' Community (TGC) condemned the attack.

* On September 24 "Mersin" newspaper's reporter Hakki Cat, who was following the Free Citizens' Movement's protest, was beaten up with truncheons, his camera was broken and he was threatened with detention. The Mersin Journalists' Community condemned the attack.

* On September 13 Aziz Aykac, the owner and editor-in-chief of the "Sehrivan" newspaper in the province of Van, published corruption allegations about AKP Provincial Head Ebubekir Gulacar and his family. He applied to the prosecutor's office because of threats he received and filed a complaint. On September 10, when the corruption allegations were published under the title, "Suspicion in Justice Party," 15 people, allegedly from Gulacar's family, raided the newspaper's offices and demanded that the distribution of the newspaper is halted. Aykac, who asked for Gulacar's comments on the allegations received the following response: "If you want to publish the story, publish it. I have no fears. But that would not be good for you."

* On September 10 The Van reporter of Dicle News Agency (DIHA), Ubeydullah Hakan, filed a complaint about a police officer, whom he said threatened him frequently. He also had photographs of the police officer. Lawyer Murat Timur, who applied to the prosecutor's office, said he sent his petition of complaint to the Van Police Headquarters, Interior Ministry and the Van Governor's Office. Hakan said he was last threatened with death on September 4 during a protest he was covering.

* On September 3 Nedim Kovan, the owner of the local "Gunes" (Sun) newspaper said he was being threatened by AKP lawmaker from the province of Ordu, Enver Yilmaz, and people related to him because of the articles he wrote during the March 28 local elections campaign. Kovan filed a complaint. "Cumhuriyet" reporter Erdogan Erisen and "Sabah" (Morning) newspaper's reporter Engin Ozkurt were attacked on the same day because of news stories on the Camsan company, and they filed complaints. "I filed a complaint when death threats that I had received in the past were repeated, and when I heard that Erisen was attacked," said Kovan. The Ordu Journalists' Group published a statement and condemned the attack.

* On August 27, armed assailants attacked the Dim Medya Center building, to which the local "Yeni Alanya" (New Alanya) newspaper is affiliated. The bullets made holes in the building's front facade. There were no injuries or deaths. "I believe the attack took place because some of our publications," said Mehmet Ali Dim, the newspaper's chairman.

The employees of the "Kemer Gozcu" (Kemer Observer) newspaper published in the Kemer district of the province of Antalya, said an unidentified person came to their office on August 1 after midnight and threatened them. They filed a complaint. Editor-in-chief Saffet Yenigun said Hakki Aydin, headof the Kemer Ayisigi Facilities, was threatening the employees through other people, because of a news story published in the newspaper. "Newspaper owners are confusing journalism with business relations," said Aydin, who admitted he went to the building where the newspaper's offices are located. Aydin, however, denied he threatened anyone.

"Gunluk Evrensel" reported Ugras Vatandas, who was beaten by police officers while he was following the clashes between NATO protesters and police in Okmeydani on June 28, filed a complaint at the Sisli State Prosecutor's Office. The reporter used photographs by the Turkish Human Rights Foundation (TIHV) as evidence for his complaint.

Detentions and Arrests

* On September 25, police officers in civilian clothes detained DIHA reporters Sedat Suna and Ertus Bozkurt without any reason, while they were following the "Peace and Democracy Meeting" in the Kadikoy district. The reporters were released after a six-hour detention.

* Imprisoned journalist Nureddin Sirin applied to benefit from an amnesty law. His application was rejected on September 8. An Ankara court, in linewith the views of the Interior Ministry, ruled that Sirin could not benefitfrom the amnesty law because he was "a leader of the Tevhit-Selam organization." Sirin's lawyer Haci Ali Ozhan said he would appeal the ruling.

* On the night of August 18 Melih Pekdemir, the former owner of the "Su Yayinlari" publishing house, and a writer for the "Birgun" (One Day) newspaper, was detained and taken to the Mersin police headquarters "for his testimony to be taken." Pekdemir was released after spending a day under detention and testifying. It was claimed that Pakdemir, the publisher of the book, "Fetullah's Truncheons," was being looked for to testify in the case opened against him for "insulting someone through a publication." An arrest warrant was issued against him because he could not be found "at his declared address."

* On July 10 Reporters Ozkan Zulfikar and Serif Karatas of the "Gunluk Evrensel" newspaper, who covered developments about those who raided the Van Police Headquarters and kidnapped the drug suspects, were detained, on grounds that they were "suspicious people." With the intervention of newspaper's officials and the Van officials of the Human Rights Association (IHD), the reporters were released after an hour under detention.

* Selda Yesiltepe, the manager of the "Anadolu'nun Sesi Radyosu" (Anadolu's Voice Radio) was kept under detention for four days. She was released on July 9 after prosecutors of a Besiktas court questioned her. Yesiltepe was detained along with three others at the tea shop in Sarayburnu in the Eminonu district. She was detained on grounds that her name was mentioned in a computer disc found at the "Ekmek ve Adalet Dergisi" (Bread and Justice Magazine), during operations on April 1 in Turkey and five other European countries.

Trials and Attempts

* Mehmet Yilmaz, one of the judges of the Manisa Youth Trial and the head of the Manisa Justice Commission; and lawyers Emin Uz and Halit Moralioglu of the police officers being tried in the Manisa case, and who were appointed to the "Manisa Penalty Execution Institution and Prison Monitoring Committee," took legal action against "Cumhuriyet" newspaper. The Supreme Court of Appeals cited "press freedom," and "public interest," to overturn the lower court's decision. The ruling of the Supreme Court of Appeals was published in the "Cumhuriyet" newspaper on September 29.

* On September 21, "Milliyet" (Nationality) newspaper's reporter Tolga Sardan was taken to the Ankara prosecutor's office by police, with the orders from the Istanbul State Prosecutors' Office, because of his news stories on the "connections between Cakici, MIT (National Intelligence Organization) and the Supreme Court of Appeals." He was questioned by prosecutor Semsettin Ozcan. "Sabah" reporter Unsal Ergel and "Zaman" (Time) reporter Ercan Gun also faced with preliminary inquiry for the same reason.

* On September 22, an Ankara court ruled that the "Gunluk Evrensel" newspaper has to pay 10 billion Turkish lira in damages to Prime Minister RecepTayyip Erdogan because of a caricature. The court ruled that a caricature bySefer Selvi, which was published along with an article titled, "AKP's Deep Head," was "an attack against personal rights. Cuneyt Zapsu, the prime minister's advisor, also pressed legal action and demanded 5 billion Turkish liras(USD 3,300) in damages.

* The MOPAK paper factory in Dalaman sued Hasan Karacelik, the owner of the "Guney Ege" (Southern Aegean) newspaper, published in the Mugla region, its editor-in-chief Nuri Yimbil and columnist Yuksel Sari for news stories and articles published on August 31. The paper factory demanded 100 billion Turkish liras (USD 67,000) in damages. The news stories and articles were about allegations that the MOPAK company pollutes the environment and does not respect the rights of its employees.

* On September 10, an Istanbul court decided there is lack of grounds for legal action in the case against writer Ragip Zarakolu of the "Yeniden Ozgur Gundem" (Free Agenda Again) newspaper and its manager, Mehmet Colak. Thetwo were sued because of an article titled, "None of Your Business" about the debate over a Kurdish Federation in northern Iraq. A Beyoglu court will take up the case. The newspaper's owner, Ali Celik Kasimogullari, and manager Colak had previously been handed a fine of 7 billion Turkish liras (USD 4,700) because of other articles.

* In early September, it was found out that journalist Mehmet Ali Birand was sued by the Istanbul state prosecutors for "aiding and abetting PKK/Kongra-Gel organization." The trial was based on an April 8 interview with the lawyers of the imprisoned Kurdish rebel leader Abdullah Ocalan in his program "32. Gun" (32nd day) on the television channel, CNN Turk. Ocalan's lawyers will also stand trial.

* On September 9, an Ankara court made a decision of lack of jurisdiction ina trial in which journalist Fikret Baskaya, publisher Ismet Erdogan of Maki publishing house, and editor Ozden Bayram were being charged for a book named, "Articles Against the Flow." Lawyer Aydin Erdogan said the case would be handled by another Ankara court because of a duty distribution in media crimes.

* On August 20, "Munzur Haber," (Munzur News) of the province of Tunceli, "Tunceli'nin Sesi" (Tunceli's Voice), "Halkin Sesi" (People's Voice), "Tunceli'de Emek" (Bread in Tunceli) newspapers and "Iskin" magazine were each handed a fine with an initial installment of 2 billion Turkish liras (USD 1,300) for not "notifying the state prosecutor of the required information in time," as stated in the Press Law, which went into effecton June 9. If the media organizations do not pay the fine in 10 days, legal action will be pressed against them. The monthly "Siyasi Gazete"(Political Newspaper) published in Istanbul was also handed a fine with an initial installation of 500 million Turkish liras (USD 300) for the same reason.

"Ozgur Radyo" (Free Radio) in Istanbul, went off the air on August 18 for30 days. The Radio and Television Higher Board (RTUK) ordered the radio station off the air for "inciting enmity." The board said that the channel” promoted discrimination based on ethnicity and incited hatred and enmity" by allocating a slot in "Talking Pages" program, for a news story from the "Gunluk Evrensel" newspaper. The news story taken from the "Gunluk Evrensel" was about an attack on the wedding ceremony of the members of theDemocratic People's Party (DEHAP) in the province of Adana.

Sevda Ergin, the editor-in-chief of the "Fabrika" (Factory) magazine published once in two months, is standing trial for an article by writer Zeki Tombak, titled, "The Situation of the Kurdish Problem-9." She is being charged with "disseminating propaganda on behalf of KONGRA-GEL." An Istanbul court began hearing the case on August 12. The state prosecutors willdecide whether writer Tombak, who attended the trial as a witness and stood behind his article, will be tried or not. The next hearing will be heard on November 23.

RTUK asked for a defense statement from "Radyo Dunya" (Radio World) for allocating a slot for an article by PKK leader Abdullah Ocalan titled, "There May be a War, and even I Would not be Able to Prevent it, “published in the "Ulkede Ozgur Gundem" (Free Agenda in the Country) newspaper. The radio presented its defense on August 6. "The radio cited the newspaper story directly," said the defense statement presented by lawyer Meric Tumer. RTUK on July 21 said citing Ocalan's statements was a "separatist" act and "incited hatred and enmity."

The Izmir Bar's claims that the "Kantar" (Steelyard) special "insulted the judiciary's individuality" led to a process of preliminary inquiry. The process resulted in the court deciding that there is lack of grounds for legal action on June 23 when the Justice Ministry did not allow a inquiry to take place. The development came to be known at the beginning of August. Caricaturist Cem Koc of the "Kantar" special and editor-in-chief, lawyer Hasan Yalcin, were questioned for a vampire picture published on April2004 for the Lawyers' Day.

The Supreme Court of Appeals overturned a prison sentence handed to Sinan Kara, owner of the "Datca Haber" (Datca News) newspaper for threatening a real estate agent in Datca through a publication. Kara was asking for the payment of an ad he published in "Datca Haber." He was sentenced to two years and 26 days in prison by a lower court. Kara, a resident of Izmir, was notified of the April 28 ruling of the Supreme Court, in July. On July 29, a Turkish court continued trying "Milliyet" reporter Fikret Bila, the writer of the book "Civilian Coup Attempts and Iraq Wars in Ankara," for "revealing the state's secrets." "I have accomplished my mission," said Bila during his testimony. "Some parts in my book consistof political dialogues. There is no crime." The court decided to request the Prime Ministry's opinion on whether the documents contained in the book constitute state secrets.

Fatih Demir, the head of "Radyo Dunya," and presenter Yeter Cemile Gundogdu, who are standing trial for citing, during a radio program, PKK leader Abdullah Ocalan's statements, attended the July 29 hearing at the newly established Heavy Penalty Court to replace the closed-down State Security Courts. Ocalan had said: "There May be a War, and even I Would not be Able to Prevent it." The court decided to ask RTUK for a copy of the programand to ask a group of experts from the State Radio and Television (TRT) to examine the tape and the court case. Demir and Gundogdu face up to five years in prison and a fine of up to 1 billion Turkish lira (USD 670) for "disseminating terrorist propaganda."

On July 23, a court in Ardahan handed a fine of 500 million Turkish lirasto Bulent Kilic, the editor-in-chief of the "Yeni Istiklal" (New Independence) newspaper, for not publishing an identification tag in the April 9 and 14, 2004 issues. The journalist paid the fine next day.

The "Kultur Sanat Yasaminda Tavir" (Manners in Culture and Arts Life) magazine was temporarily closed down for 15 days on July 20, because of a caricature, which criticized the granting of an "excellent service" medalto Ali Suat Ertosun, the head of the Punishment and Detention Houses. The Istanbul DGM at the time had fined Muharrem Cengiz, the owner of the magazine and Ahu Zeynep Gorgun, the editor-in-chief, 4 billion 725 million Turkish liras (USD 3,150) because of the caricature published in the September 2003 issue of the magazine. "The publication is beyond giving information and criticizing," ruled the court. " In this case, we can no longer turn to the article on freedom of expression of the European Convention on Human Rights."

A Turkish court, on July 16, continued trying Huseyin Aygun, head of the Tunceli Bar Association, and the owner of the "Tunceli'de Munzur Haber" newspaper, who advocated the right to receive education in mother tongues during the Newroz celebrations on March 21, 2002. Aygun is being charged with "insulting the republic," and "praising an act described by law as a crime," along with 14 others, and faces up to five years in prison. The journalist is being accused of "criticizing the developments in thecountry, and in Tunceli, and for encouraging the people to chant slogans."

Another Turkish court on July 16, began trying Halil Eyyuboglu, a writerfor the "Zafer" (Victory) newspaper published in Gaziantep, Ismet Atar, the owner, and Atilla Konukoglu, the editor-in-chief, for insulting Prime Minister Erdogan. The journalists face a fine of 10 billion Turkish liras (USD 6,700) for an article titled, "Will it be Kurdistan after Cyprus?" Eyyuboglu, in the article had criticized the prime minister for telling Rauf Denktash, the president of the Turkish Republic of Northern Cyprus (TRNC), to "Go tell whatever you want to tell in the TRNC." Denktash, at the time had wanted to come to Turkey and give a speech ahead of a referendum onthe island.

On July 15, the Supreme Court of Appeals overturned the ruling of the Istanbul DGM, which convicted Erdal Tas on grounds of article 312/2 of the Turkish Penal Code. The Supreme Court of Appeals ruled that freedom of expression encompasses "the right to not agree with the majority, to question the established order, and even to criticize." It added that opinions with a traumatic quality, those that anger the majority, andthose that impel them to discussions, are overseen by the freedom of expression.

On July 13, an Ankara court acquitted Adnan Yuce, the owner of "Radyo Imaj," (Radio Image) who was standing trial for "continuing broadcasts although his broadcasting license was canceled." The Ankara court based its decision ona lack of adequate evidence. Yuce, who faced a prison term and a fine, was being accused of "ignoring a warning the radio received on December 2003for preventing TRT radio broadcasts."

On July 12, a military court ruled there was lack of grounds for legal action in a case in which journalist-writer Abdurrahman Dilipak and Mustafa Karahasanoglu were being accused of "damaging junior-senior relations," in the military, through an article published in the "Turkiye'de Cuma"(Friday in Turkey) magazine. An Istanbul court will take over the case. The journalists were sued because of an article titled, "What if the Generals Don't Listen?" published on August 29, 2003.

On July 10, a legal proceeding for the collection of debt was begun, about four local journalists who lost a defamation case opened by the Gole local administrator. The personal car of Fakir Yilmaz, the owner of the "Kuzeydogu Anadolu" (Northeastern Anatolia) newspaper, who argued the ruling of the Supreme Court of Appeals was not waited for, was confiscated with the proceeding of a legal action for the collection of 9 billion 500 million Turkish liras (USD 6,300) of debt. The journalists had written that villagers, who came to the office of the local administrator, were forced outside by the police because their "shoes were muddy, and because they smelled like a stall.

Five DIHA employees and Baris Gullu, the owner of the "Ozgur Halk" (Free People) magazine were detained during a raid to the agency's offices ahead of the NATO summit. In early July, they were sued for "membership in an illegal organization," and "aiding and abetting an illegal organization." The first hearing will be held on October 26.

On July 6, Mehmet Yurek, the editor-in-chief of the "Degisim" (Change) newspaper published in Marmaris, stood trial for using the expression, "to bridle" in referring to former president Kenan Evren in an article published on April 16, 2004. The court in Marmaris asked that Kenan Evren attends the hearing. Lawyers Turgut Inal and Meral Ondersev for the journalist, presented to the court a report about the etymology study of the word "to bridle." The journalist was sentenced to a year and three months in prison for another article titled, "4 Mustafa or 4 Worship-1." The prisonsentence was suspended.

A court in Van acquitted Selahattin Demirtas, the head of the Diyarbakir branch of the IHD on July 6. Demirtas was being charged with “disseminating propaganda in favor of KONGRA-GEL" through a speech at the Mus branch ofIHD on October 2003. He was facing up to four years in prison. Demirtas will stand trial on January 24, 2005 for "praising an act defined by law as a crime," through an interview he gave to the local "Gun" (Day) newspaper.

A case was opened against three newspaper distributors detained at the offices of the "Yeniden Ozgur Gundem" newspaper and three DIHA reporters,at the Izmir DGM. The same court committee heard the hearing under the title, "Heavy Punishment Court" after the DGMs were annulled through law no:5190. The hearing on July 1 was postponed until September 30 so that the police records about two defendants could be studied.

Regulations and Legal Procedures

The Turkish Grand National Assembly (TBMM), on September 26, approved anew 345-article Turkish Penal Code. The TCK, which changed after 78 years,will go into effect on April 1, 2005. The TGC has warned that regulations on issues such as, "tempting people into committing suicide," "the secrecy of communication," "insults," "the secrecy of personal life," "crimes against public peace," "obscenity," "affecting prices," crimes against the court house," "genital examination," "turning people off from serving in the military," "actions against basic national interests," "state secrets,"and "aiding organization," will create problems during implementation.

On September 22, the Constitutional Court annulled some articles of thelaw no: 4756 on the Establishment and Broadcasts of Radio and Televisions, saying they conflicted with the constitution. The regulation which “granted a quota in the election of RTUK members to political parties in parliament," the rule that stated that "capital share at television and radio institutions, with a viewer and listener ratio of 20 percent per year, may not be more than 50 percent," and the regulation that "specified the lower limit of fines granted at 10 billion Turkish liras," were found to be against the Constitution. The Constitutional Court asked that new regulations in line with its views, are prepared within six months.

On August 20, RTUK head Fatih Karaca said "Soz" (Word) and "Gun TV" (DayTV) television channels in Diyarbakir, and "Cagri TV," (Calling TV) in Batman made applications to get permission for "broadcasts in different languages and dialects." "As a result of our study, we found out that these languages and dialects were being used in those areas and decided to allow the three organizations to file applications in line with the regulation," said Karaca.

President Ahmet Necdet Sezer, on July 20, approved law no:5218 on "Abolishing Death Penalty and Amending Some Laws," which brought changes to the RTUK's member structure. The number of members in the RTUK board was reduced to eight from nine. The influence of the National Security Council (MGK) in choosing members was terminated. On August 18, Ahmet Abdullahoglu, head of the Antakya Journalists' Cemiyet (AGC) called on the government to cooperate with media professionals' unions in the preparation of Press Labor Law no: 212, the RTUK law, andthe TCK draft. Abdullahoglu said it was positive that the government asked for media professionals' unions opinions in preparing the Press Law draft.

On July 18, prosecutor Nuri Ok of the Supreme Court of Appeals, told the officials of the "Sanat ve Hayat" (Art and Life) magazine, who sued the Istanbul Police Headquarters, Istanbul Governor's Office and the Interior Ministry, for monitoring electronic mails, that their complaint about Istanbul Governor Muammer Guler could not be processed. The prosecutor's office took this decision on June 9, on grounds that “there is no evidence to prove that the governor made orders about monitoring electronic mails, or that he was aware of the act but did nothing toprevent it." The readers of the magazine had claimed that their e-mails to the magazine returned to them with a message from the Information Systems Center of the Police Headquarters.

Reactions against Censorship

On September 27, Tobias Pfluger, a left group member of the European Parliament, and a member of parliament from the German Democratic Socialism Party, said he would bring up the issue of "Gunluk Evrensel" (Daily Evrensel) newspaper at the left group of the European Parliament. The newspaper had received a fine for a caricature. Pfluger added that they would prepare a report about the issue before December 17, when the EU leaders will decide whether to start membership negotiations with Turkey, and send it to authorized institutions.

Diyarbakir's "Gun TV" and "Can TV" (Life TV) had to temporarily stop their broadcasts on September 26 as a result by a 30-day penalty by RTUK because of Kurdish songs and conversations. Their objection at the administration court had not yet been processed. "Gun TV" employees, in protest of the penalty, attended the "Muzik Diyari" (Music Land) program, with theirmouths covered with black bandages with "RTUK" written on them.

The Web site www.turkla.com , hosted in Los Angeles, said on September 8, that it fired one of its writers, Yesim Kucukkoyle, because of her opinions. "Kucukkoylu's articles have been removed due to the reaction we received from certain circles," said a statement on the Web site. "Her articles will no longer be published on our Web site. Our Web site does not agree with Kucukkoylu's claims and opinions." On criticisms they received, the officials of the Web site said: "We did not voluntarily do this. Kucukkoylu made some statements about MIT and the military. Certain Turkish institutions began monitoring us. We kept receiving phone calls and being pressured by different circles. They asked for Kucukkoylu's identity, address and telephone number. They pressed preliminary inquiry about the Web site's managers. We found out that we would face problems in entering and leaving Turkey."

The Solidarity Platform of Imprisoned Journalists, announced on September15 that pressures against opposition journalists were continuing. The platform claimed that there are 20 imprisoned journalists. It said that Erol Zavar had to be released at once because he was suffering from bladder cancer. A campaign was launched for the release of Zavar, who had already had three operations.

On September 8, the EU Expansion Commissioner Gunter Verheugen visited Izmir. Mustafa Rollas, the head of IHD Izmir branch, gave Verheugen a book named, "Sinan'in Kara Kitabi" (Sinan's Black Book) by journalist SinanKara as a present. Rollas said there were improvements in the laws about the freedom of press and expression in Turkey, but pointed out that there were problems in implementation. He talked about the trials Kara is standing as examples for his argument.

On September 7, Irfan Ucar, the head of the "Ulkede Ozgur Gundem" newspaper said the newspaper, which had only 192 editions so far, was the subject of 90 separate trials. Ucar said 15 trials based on articles 159 and 312 of the TCK were continuing at a court in Beyoglu. "12 new cases were opened at the Heavy Penalty Courts, which replaced DGMs," said Ucar.

On September 7, the heads of IHD, Turkish Human Rights Foundation (TIHV)and the Solidarity Association for Human Rights and the Oppressed (MAZLUMDER), gave support to journalist Fikret Baskaya, who was standing trial for two of his articles published 11 years ago. "The right to criticize may not be prevented by hiding behind insult accusations," said the human rights activists.

Naki Erdogan, the managing editor of the "Istikbal" (Futurity) newspaper, who went to the police headquarters to get the daily press statement on September 2, was not allowed to enter the building. "You are forbidden from coming in," Police Chief Savas Yucel told the journalist. "I have ended my relations with you." Journalist Mehmet Cil, who was also there, asked Yucel whether Erdogan would be detained. Yucel responded: "Are you stupid? Why would I detain him. Am I in love with you?" The Eskisehir branch of the Contemporary Journalists' Association (CGD), the Journalists' Community and the Turkish Press Union released a joint statement and condemned the incident.

CGD and Reporters Without Borders (RSF) made a statement on August 23, and protested the fact that Istanbul's "Ozgur Radyo" (Free Radio) was ordered off the air for a month. Erdal Emre, the news coordinator of "Yon FM" (Direction FM), objected to RTUK's "penalty." M. Duran Ozkan, the owner of Malatya's "Gunes TV" (Sun TV) , underlined the economic burden of the RTUK penalties. "Ordering televisions and radios off the air, hurts the continuity of broadcasts," said Ozkan. RTUK had cut off Ozgur Radyo's broadcasts on August 18, because cited an article titled, "An Attack Likea Massacre," published in the "Gunluk Evrensel" newspaper.

Gun TV in Diyarbakir applied to get permission for Kurdish broadcasts on March 23. RTUK's Legal Consultancy, in a letter to Gun TV on August 16,said the application was being evaluated by the board and the channel would be notified about the outcome of the evaluation. Although the regulation about different languages and dialects went into effect on January 25, no private national channels showed interest in broadcasts in any other language than Turkish up to today. TRT, with pressure from the government, has been broadcasting in different languages since June 7. On August 20, RTUK head Fatih Karaca said "Soz" and "Gun TV" in Diyarbakir, and "Cagri TV" in Batman filed applications to get permission to broadcast programs in different languages and dialects. "As a result of our study, we found out that those languages and dialects were used in those areas. We decided to allow the three organizations file applications in line with the regulation," said Karaca.

Kemal Keles, the head of the Press and Communications Laborers' Union (Haber-Sen), in a statement on July 28, argued that RTUK picked people close to the government to show as candidate for the TRT management. "The RTUK members, who have up to today reflected the voice of their owner and chose candidates in line with the preferences of the political powers at the time, have done it again," said Keles.

Lawyer Mehmedali Baris, who tried to encourage broadcasts in the Laz dialect, said TRT responded to him, only out of courtesy and duly. On July 29, Baris said he would press for legal action. On July 14, TRT, which responded to the demands for broadcasts in the Laz dialect, said: "We are continuing our broadcasts in traditional languages and dialects in linewith the regulation."

On July 24, the 96th anniversary of the annulment of censorship in the press, Oktay Eksi, head of the Press Council, called for attention to the situation of imprisoned journalist Hakan Albayrak and other journalists who have been sentenced to prison. "Imprisoned journalists should apply to the European Court of Human Rights," said Eksi. Eksi called on the government to urgently amend laws that are used to imprison journalists.

Prime Minister Erdogan on July 23, got angry with the "Radikal" (Radical) newspaper's reporter who asked him: "Will you be doing anything aboutthose responsible of the train accident?" Erdogan said there have been many accidents on the same railway since 1950. "Know how far you can go before asking questions about such issues," said Erdogan.

On July 14, Emin Koc, a Yozgat lawmaker from the Republican People's Party (CHP) , handed four question motions to the TBMM Headship about the implementations at TRT. Koc demanded that State Minister Besir Atalay respond to the motion in writing. In the motion, Koc asked about the broadcasting and personnel policies of TRT head Senol Demiroz, and the appointment of Basin-Sen representative and TRT reporter Mehmet Demir to Erzurum for a temporary duty.

On July 13, Lawyer Elif Kosaroglu, the deputy head of the Istanbul branch of Mazlum-Der, talked about Nureddin Sirin, and called for the release of all thought convicts. Kosaroglu said the jurisdiction was under pressure in the Sirin case. She added that the files of thought convicts should be revised after the annulment of DGMs.

Memik Horuz, the manager of the "Isci Koylu" (Laborer Villager) newspaper, was convicted for "membership in an illegal organization." On July 12, he sent a letter he wrote in prison and called on the press for sensitivity. "Attitude toward the socialist press should be regarded as the touchstone for press freedom," said Horuz, who has been in prison for the last three years. Horuz, who is in the maximum-security F-type prison in Tekirdag, applied to the ECHR in July 2003.

On July 4, the Freedom of Thought Committee of Mazlumder, called on officials to free the though prisoners. Nureddin Sirin, the former writer of the "Selam" (Greetings) newspaper and Hakan Albayrak, a former writer for the "Milli Gazete" (National Newspaper) are among people defined asthought convicts.

European Court of Human Right s

On August 12, Dogan Dogan, the manager of the Edremit "Korfezin Sesi" (Voice of the Gulf) Web site applied to the ECHR when he failed in pressing legal action for "extended detention" in Turkey. Dogan said article 5 of the European Convention on Human Rights, titled "the right of freedom and security," and article 6, which oversees "the right to a fair trial," had been violated. Dogan, who was detained on January 6, was released after being questioned about Salih Gunardi, the writer of the article "We Toldthe Boss and the Servant." Balikesir Journalists' Community had criticized the event.

The ECHR, on July 27, convicted Turkey to pay 3,000 euros in compensation in a case opened by journalist-writer Ertugrul Kurkcu, who translated the book "War and People: Arms Transfers and War Law Violations in Turkey." It also ruled that Turkey should pay 2,500 euros for the court expenses. The ECHR ruled that although the book contains harsh expressions, it does not have a hostile attitude. Kurkcu had been sentenced to a suspended 10 months in prison in 1997 for "insulting the military." Ayse Nur Zarakolu, the owner of the Belge Publishing House, which published the book, had been handed a fine.

On the same day the ECHR penalized Turkey in a case opened by the relatives of Irfan Agdas, who was shot by police as he was distributing the "Kurtulus" (Liberation) magazine in Alibeykoy. The court ruled that Turkey has to pay 15,000 euros for violating "the right to live" (article 2) and "the right to apply to court" (article 13).

On July 13, the ECHR handed a punishment to Turkey in a case opened by the Belge Pulishing House, which was convicted for publishing a book titled, "Our Ferhat, the Anatomy of a Homicide." The book was about the murder of journalist Ferhat Tepe and other human rights violations in southeastern Turkey, and harshly criticized state officials. Publisher Ayse Zarakoluhad been fined for "disseminating separatist propaganda." The ECHR ruled that the right to fair trial as defined under article 6/1 of the European Convention on Human Rights, and freedom of expression defined under article 10, had been violated and ordered Turkey to pay 5,000 euros in compensation and 2,500 euros for the court expenses.

RTUK Penalties with company names and regulation articles

1- Due to the violation of part (a) of article 4 of the law no: 3984, which was amended through law no: 4756; on " Broadcasts shall not violate the existence and independence of the Turkish Republic, the territorial and national integrity of the State, the reforms and principles of Atatürk”

Asking for a Defense

Television channel CNN Turk, "Manset Ozel" (Headline Special) and "Soz Sizde" (Your Turn) programs, June 9, 19, 2004 (July 7)

Cagri FM (Diyarbakir), broadcasts on July 6, 2004 (August 31)

Programs that were ordered off the air (30 days)

Gun TV (Diyarbakir), Music program and "Diyarbakir is Discussing Local Administrations" program, November 20, 2003, December 3, 4, 5, 2003(August 17-25)

"Anadolu'nun Sesi" (Anatolia's Voice) (Istanbul), "Muzik Siir" (MusicPoem), "Objektif" (Objective), "Halkin Sesi" (People's Voice) programs, News program, and "Gun Izi" (Day's Mark) program, October 7, 2003; December2003 (September 9, 15)

2- Due to the violation of part (b) of article 4 of the law no: 3984, which was amended through law no: 4756; on " Broadcasts shall not instigate the community to violence, terror, ethnical discrimination or shall not incite hate and hostility by making discrimination in the community in terms of the diversities of the social class, race, language, religion, sect and territory or shall not give rise to feelings of hatred in the community."

Asking for a Defense

Radyo Dunya (Adana), News program, May 3,4, 2004 (July 21)

Hakkari FM (Hakkari), "Gundem" (Agenda) program, March 22, 2004 (July 21)

Ozgur Radyo (Ankara), September 24-27, 2004 (July 21)

Radyo Baskent (Radio Capital) (Ankara), "Ozenle Istek" (DiligentlyDesire) program, May 6, 2004 (August 2-11)

Cagri FM (Diyarbakir), its broadcasts on July, 6, 2004 (August 31)

Radyo Shema (Ankara), "Sivas Ozel" (Sivas Special) program, July 1, 2004 (August 31)

Programs that were ordered off the air (30 days)

Hakkari FM, "Gundem" program, March 22, 2004 (August 17, 25)

Can TV (Diyarbakir), Music program and news program, January 7 (August 17, 25)

3- Due to the violation of part (d) of article 4 of the law no: 3984, which was amended through law no: 4756; on " Broadcasts shall not, in any manner, humiliate or insult people for their language, race, color, sex, political opinion, philosophical belief, religion, sect, and any such considerations "

Warnings

Television channel TGRT, "Carkifelek" (Whell of Fortune) competition program, April 7, 2004 (July 28)

Arifan FM (Ankara), the program on September 2, 2003 (July 28)

4- Due to the violation of part (e) of article 4 of the law no: 3984, which was amended through law no: 4756; on " Broadcasts shall not violate the national and moral values of the community and Turkish family structure."

Warning

CNN Turk, "Soz Sizde" program, June 19, 2004 (August 17, 25)

5- Due to the violation of part (g) of article 4 of the law no: 3984, which was amended through law no: 4756; on "Broadcasts shall serve for the improvement of the general objectives and basic principles of the Turkish national education system and the national culture."

Warning

Television Channel ETV, "Saglikli Yasam Alternatifleri" (Healthy Living Alternatives) program, June 8, 2004 (July 7)

Arifan Radyo (Ankara), "Seher Vakti" (Twilight) program, August 2, 2004 (August 31)

Star TV, "Telegol" sports program, August 15, 2004 (September 9, 15) Star TV, Primary news programs, August 15, 16, 2004 (September 9, 15)

Programs that were ordered off the air

Television Channel Kanal D, "Sabah Sabah Seda Sayan" (Seda Sayan in the Morning) women's program, April 1-2, 2004 (July 28) (once)

6- Due to the violation of part (i) of article 4 of the law no: 3984, which was amended through law no: 4756; on " Broadcasts shall not offend the personality of individuals beyond the limits of criticism, shall respect the right of reply and rectification; the news, which the investigation of their accuracy is possible within the framework of code of conduct of media, shall not be broadcast without proper investigation or without being sure of their truthfulness; the given information, provided that it be kept confident, shall not be broadcast unless there is a serious necessity for public interest.

"

Asking for a Defense

Star TV, news program, April 22, 2004 (July 7)

Kanal D, news program, April 22, 2004 (July 7)

Warnings

Show TV, news program, April 22, 2004 (July 7)

Television channel ATV, news program, April 22, 2004 (July 7)

Television channel NTV, news program, April 22, 2004 (July 7)

Television channel STV, news program, April 22, 2004 (July 7)

Guney TV (Iskenderun), "Hipertansiyon" (Hypertension) program, February

17, 2004 (July 21)

AY TV (Aydin), primary news program, December 31, 2004 (July 21)

Akca TV, "Son Nokta" (Last Point) program, February 17, 2004 (July 21)

TGRT, "Carkifelek" program, April 7, 2004 (July 28)

Arifan FM (Ankara), the program on September 2, 2003 (July 28)

Ozgur Radyo (Ankara), music program, May 15, 2004 (August 31)

Cukurova TV (Adana), "Gundem" program, March 29, 2004 (August 31)

Flash TV, "Evlat Acisi" (Child Grief) program, April 26, 2004 (September

9, 15)

Programs that were ordered off the air

ATV, "A Takimi" (A Team) and "Sokak Arasi" (Between Streets) programs,

April 17, 2004 (September 9, 15) (once)

7- Due to the violation of part (h) of article 4 of the law no: 3984, which wasamended through law no: 4756; on “Broadcasts shall use the Turkish language in its spoken form without destroying its characteristics and rules; shall ensure its development in the form of a modern cultural, educational and scientific language as a basic element of national unity and integrity.”

Warnings

Star TV, "Saka Maka" program, May 23, 30; June 6, 13, 20, 2004 (July 28)

8- Due to the violation of part (j) of article 4of the law no: 3984, which was amended through law no: 4756; on "Broadcasts shall not serve to an unfair aim and interest and shall not lead to unfair competition, broadcasts qualified as proclamation and advertising shall be announced clearly without leading to any suspicion; a product promotion created by one agency with its own efforts shall not be broadcast by an other agency as if it belongs to itself; source of the news which are provided by agencies or another media source shall be indicated with particular importance”

Warnings

Television channel ETV, "Saglikli Yasam Alternatifleri" program, June 8, 2004 (July 7)

Sky Turk, "Gundem Ozel" (Agenda Special) program, June 22, 2004 (July 7)

ETV, news program, June 13, 2004 (July 7)

Izmir TV, "Ozden Muhabbet" conversation program, May 16, 2004 (July 21)

ATV, "Akademi Turkiye" (Academy Turkey) competition program, June 11-12, 2004 (July 28)

Sky Turk, "Paranin Yonu" (Direction of Money) program, August 8, 2004 (August 17, 25)

Television channel CNBC-e, "Kampus" (Campus) program, July 2004 and August 2-3, 2004 (August 17, 25)

Cigdem FM (Osmaniye), news programs, March 8, 2004 (August 31)

Television channel TV8, "Erkan Tan'la Trabzon'dan" (Fron Trabzon with Erkan Tan) program, August 17, 2004 (September 9, 15)

9- Due to the violation of part (k) of article 4 of the law no: 3984, which was amended through law no: 4756; on " Broadcasts shall not present or declare no one as guilty unless there is a court decision; any programme item that leads people to commit a crime or raise the feeling of fear shall not be broadcast.”

Asking for a Defense

Television channel Kanal 2000 (Mersin), news programs, April 20-21, 2004 (August 31)

10- Due to the violation of part (l) of article 4 of the law no: 3984, which was amended through law no: 4756; on “Broadcasters shall respect the principles of impartiality, conformity and reliability in news programmes; broadcasts shall not prevent free formation of opinions; the secrecy of the source of information shall be preserved unless there is an intention for misleading the public."

Warnings

Akca TV, "Son Nokta" program, February 17, 2004 (July 21)

11- Due to the violation of part (m) of article4 of the law no: 3984, which was amended through law no: 4756 on; “The advertisements which are deceptive, misleading or that would lead to unfair competition shall not be broadcast.”

Warnings

Television channel MTV, "Akademi Turkiye" program, May 3, 2004 (July 21)

12- Due to the violation of part (s) of article 4 of the law no: 3984, which was amended through law no: 4756; on "All the items of the program services shall respect to human dignity and fundamental human rights.”

Warnings

Flash TV, "Evlat Acisi" program, April 26, 2004 (September 9, 15)

13- Due to the violation of part (t) of article 4 of the law no: 3984, which was amended through law no: 4756; on " Broadcasts shall not be obscene."

Warnings

Television channel Cine 5, serials "Fantasy" and "Emmanuelle," June 22, 28, 2004 (July 7)

ETV, "C Class" program, April 30; May 4, 11, 2004 (July 7)

NTV, "N-Moda" fashion program, July 4, 2004 (July 28)

Flash TV, music video, August 4, 6, 2004 (August 17)

Kral TV, music video, August 8, 10, 2004 (August 17)

TSES TV, music video, August 3, 2004 (August 17)

Cine 5, movie called "Selamlar Yabanci," (Greetings Stranger) August 17,

2004 (August 31)

14- Due to the violation of part of article 4 of the law no: 3984, which was amended through law no: 4756 (u) on " Broadcasts shall not encourage violence and discrimination against women, weak and minors.”

Warnings

Star TV, "Desifre" (Decipher) program, July 20, 2004 (August 2-11)

Kanal 7, "Haber Saati" (News Time) program, July 21, 2004 (August 11)

Olay TV, Primary news program, July 19, 21, 2004 (August 2-11)

Cine 5, news program, August 29, 2004 (September 9, 15)

15- Due to the violation of part (v) of article 4 of the law no: 3984, which was amended through law no: 4756; on " The broadcasts shall not encourage the use of violence or incite feelings of racial hatred."

Asking for a Defense

Kanal D, news program and "Gune Baslarken" (Starting the Day) program, August 2-3, 2004 (August 17)

Kanal 7, Primary news programs, night and morning news, August 2 and 3 (August 17)

Warnings

Show TV, news program, June 12-16, 2004 (July 7)

STV, Primary news program, June 13, 2004 (July 7)

Kanal 7, primary news program, June 12-15, 2004 (July 7)

NTV, news program, June 13, 15, 2004 (July 21)

Ozgur Radyo (Ankara), "Radyo Tamircisi," (Radio Repairer) May 1, 2004 (July 21)

ATV, Primary news program, June 9, 13, 2004 (July 28)

Television channel Haber Turk, news program, June 12,14, 15, July 3, 2004

(July 28)

Cine 5, news program, June 12, 13, 15, 2004 (July 28)

Olay TV, Primary news program, June 12, 14; July 2 (July 28)

Ozgur Radyo (Ankara), a program on December 19 (July 28)

Hakkari FM, programs on October 2-6, 2003 (July 28)

Ozgur Radyo (Ankara), Sibel'le Gonul Sofrasindan (From the Table of Soul with Sibel) program, May 5 (August 2-11)

Flash TV, Primary news program, August 2, 3, 2004 (August 17)

Sky Turk, Primary news program, August 2, 3, 2004 (August 17)

Star TV, Primary news program, August 2, 2004 (August 17, 25)

CNN Turk, "Editor" program, August 2-3, 2004 (August 17, 25)

CNBC-e, Geri Sayim (Countdown) program, August 3, 2004 (August 17, 25)

TV 8, Primary news program and news programs, August 2-3, 2004 (August 17,25)

MTV, Primary news program, August 2-3, 2004 (August 17, 25)

ATV, commercials, August 12, 16, 18, 2004 (August 31)

NTV, commercials, August 18, 2004 (August 31)

CNBC-e, commercials, August 12, 2004 (August 31)

Gun TV (Diyarbakir), music program, July 1, 2004 (August 31)

16- Due to the violation of part (y) " of article 4 of the law no: 3984,

which was amended through law no: 4756 on "Broadcasts shall not reflect the fearful and intimidate features of crime organizations”

Warnings

Star TV, Primary news program, August 2, 2004 (August 17, 25)

CNN Turk, "Editor" program, August 2-3, 2004 (August 17, 25)

CNBC-e, "Geri Sayim" program, August 3, 2004 (August 17, 25)

TV 8, Primary news program, and news program, August 2-3, 2004 (August 17, 25)

MTV, Primary news program, August 2-3, 2004 (August 17, 25)

CNN Turk, "Manset Ozel" program, June 9, 2004 (August 17, 25)

17- Due to the violation of part (z) article 4 of the law no: 3984, which was amended through law no: 4756 on “ Programmes, which could impair the physical, mental, and moral development of young people and children shall not be broadcast within the time intervals that they may be viewing.”

Asking for a Defense

CNBC-e, "Seks hakkinda sormak istediginiz her sey" (Everything you want to ask about sex), April 6, 2004 (July 7)

ATV, Primary news program and "Gun Ortasi" (Midday) program, July 18, 2004 (August 2-11)

TGRT, "Pazar Yildizlari" (Sunday Stars) program, July 18, 2004 (August 2-11)

TGRT, Primary news program, July 18, 2004 (August 2-11)

Warnings

Kanal D, serials "Kinali Kar," (Hennaed Snow), "Butun Cocuklarim," (All my Children), "Serseri" (Vagabond), June 2004 (July 7)

ETV, "C Class" program, April 30; May 4, 11, 2004 (July 7)

Kanal A (Adana), foreign movie, February 21, 2004 (July 21)

Star TV, "Saka Maka" jokes program, May 23, 30; June 6, 13, 20, 2004 (July 28)

NTV, "N-Moda" program, July 4, 2004 (July 28)

Kanal D, "Cocuklar Icin" (For Children) program, July 19-20, 2004 (August 2-11)

Show TV, Primary news program, July 18, 2004 (August 2-11)

Kanal 7, "Gundem 13" (Agenda 13) and Morning programs, July 18-19, 2004 (August 2-11)

Olay TV, Primary news program, July 18, 2004 (August 2-11)

Flash TV, music video, August 4, 6, 2004 (August 17)

Kral TV, music video, August 8, 10, 2004 (August 17)

TSES TV, music video, August 3, 2004 (August 17)

Star TV, Primary news program, August 2, 2004 (August 17, 25)

CNN Turk, "Editor" program, August 2-3, 2004 (August 17, 25)

CNBC-e, "Geri Sayim" program, August 3, 2004 (August 17, 25)

TV 8, Primary news program and other news programs, August 2-3, 2004 (August 17, 25)

MTV, Primary news program, August 2-3, 2004 (August 17, 25)

Cine 5, foreign movie called "Selamlar," (Greetings) August 17, 2004 (August 31)

STV, Foreign movie, July 21 and August 11, 2004 (September 9, 15)

Flash TV, "Evlat Acisi" program, April 26, 2004 (September 9, 15)

Programs that were ordered off the air

Show TV, Sabah Yildizlari (Morning Stars) program, April 29, 2004 (July 28)(once)

Show TV, a commercial, March 15, 2004 (July 28) (once)

ATV, commercials, February 23 and March 3, 16, 29, 2004 (September 9, 15) (once)

Show TV, serial called "Kurtlar Vadisi," (Canyon of the Wolves) June 10, 2004 (September 9, 15) (twice)

ATV, "Gun Ortasi" and the Primary news program, July 18, 2004 (September 9, 15) (once)

18- Due to the violation of article 4 of law no: 3984;on " Radio, television and data broadcasts shall be conducted within a spirit of public service, in compliance with the supremacy of the law, the general principles of the Constitution, fundamental rights and freedom, national security and general moral values. "

Warnings

NTV, news program, June 13, 2004 (July 7)

19- Due to the violation of article 4 of law no: 3984 on "The broadcasts shall be in Turkish language. “

Warning

Radio Station Aktuel Radyo (Diyarbakir), January 27, 2003, February 1, 21, 2003 (July 21)

Hakkari FM, a program on April 1, 2004 (July 21)

Gun TV (Diyarbakir), "Cekcek" (Push Cart) program, May 7, 2004 (July 21) (EO/EA/YE)