Court Decisions Justify Journalist Concerns

Accusations of undermining Article 301 of the new penal code had already been made towards journalists Hrant Dink, Dogan Ozguden and Ersen Korkmaz and singer Ferhat Tunc, and now novelist Orhan Pamuk.

The third quarterly report released by the Media Watch Group of Network for Monitoring and Covering Media Freedom and Independent Journalism (BIA2) for the months July-August-September, documents the violations under the new penal code.

Under the sections of "attacks and threats", "detentions and arrests", "trials and prosecutions ", "European Court of Human Rights", "RTUK (Radio and Television Supreme Board) practices", "formulations and assertions of rights", "reactions against censorship", the 12 page report outlines the situations of 37 court cases, 62 media organizations and 76 journalists.

Journalist Emin Karaca Convicted

Journalist and writer Emin Karaca was sentenced to a 900 YTL (USD 750) fine -converted from prison sentence- for criticizing the executions of young revolutionaries in the 70s in his articles published in the "Yazin -in Turkey and Europe"magazine.

The trial opened against independent journalist Rahmi Yildirim for his article on the website sansursuz.com (translation: withoutcensor.com) concerning military and state personal suspected of embezzlement is still continuing.

The courts are hard at work...

Under pressure from security circles, Turkish government considers amending the Counter Terrorism Law as to increase the ceilings for prison sentences. Hurriyet reporter Sebati Karakurt, is currently tried under article 7 of the law for an interview in Northern Iraq with the Kurdish guerrilla PKK.

However law experts converge on the opinion that Turkish Penal code is sufficiently equipped with articles related to crimes of terrorism and even a separate law for counter-terrorism is unnecessary.

On the other hand journalists Ilhan Selcuk, Mehmet Sucu Ibrahim Yildiz, Alper Turgut and Ilhan Tasci from the newspaper "Cumhuriyet are being tried under Article 19 of the new Media Law."for a recent news piece on torture during custody and extra judicial executions

Foreign investment in the media: The law is incomprehensive

Concerns over foreign ownership or share holding in Turkish media market are already justified as radio stations confiscated from the Uzan Group to the CGS corporation and Pacific Management, of which Canadian Canwest Group is a partner.

Article 29 of the RTUK law that is supposed to limit foreign capital interest towards media is insufficient. Also, media workers continue to work without a union or social security.

Some Improvements

In the past three months there have been some improvements:

* The law that provides lighter sentences for media workers -for implications towards "crimes committed by Turkish citizens in foreign countries"- and for "illegal Koran classes was on July 7 finally ratified by President Sezer who previously had turned it down.

* The City Human Rights Committee of Konya decided with 10 to 8 majority vote that videotaping by the local police of Islamist writer Abdurrahman Dilipak at meetings he was attending at the Fair and Culture Center was a "human rights abuse".

* 4th Circuit of the high court decided that local newspaper "Batman Doğuş", had the right to go to court for compensation for the misuse by a local hospital of the "right to refute".

* The 2nd Batman Penal Court relying on ECHR precedents to safeguard the right to criticize dismissed the appeal by Batman deputies against journalist Mehmet Sah Ayaz of "Batman Express"newspaper

* Cartoonist Metin Ustundag's comic strip collection "Sunday Lovers"was cleared a second time after the high court voided a 2002 dismissal of the case due to "lack of expert examination". Ustundag was being tried on the grounds of "abusing the public's sexual feelings."

Journalists targeted everywhere, detentions and arrests resume...

The initial decrease of violence against the press observed during the first three months of the past year increased to 7 incidents in the months April-June and reached a high point of past years with 23 attacks and threats.

An unprecedented case, in the past three months was attacks by participants who attended pro-Kurdish Democratic People's Party (DEHAP) demonstrations against journalists. In Yuksekova, protesters attacked Senar Yildiz and caused him to fall into a riverbed. The owner of the newspaper "Yuksekova Haber"was heavily beaten by masked individuals.

In contrast to the first three months of the year when there were no reports of detentions, there were 2 in the April-June period and 5 in the July-September period: journalists Kadir Ozbek (from DHA Diyarbakir), Rustu Demirkaya (from DHA Tunceli), Ferit Demir (DHA) reporter) and Haydar Toprakci (Anatolia News Agency) were detained after they covered the release of Coskun Kirandi, a Turkish private kidnapped by the PKK, and teke over by a human rights activists delegation.

In contrast to the first three months of the year when there had been three short arrests and the second period with non July-September period was distinguished with significant increase: DHA reporter Birol Duru was arrested after charges of possessing "a propaganda tape of the illegal organization"as he was investigating secret poppy cultivation reports. Also, Cengiz Dogan, the editor in chief of Nusaybin newspapers "Mavi"and "Kent", was arrested for charges of publishing "PKK propaganda"and "encouraging crime."

Memik Horuz, editor in chief of the newspaper "İşçi-Köylü", who was sentenced to 15 years for being a "member of an illegal organization"who has passed the past four years in prison will not benefit from the new penal code the court decided and his case will only be reconsidered in 3 years.

Reporters face 3 new cases, 2 convictions and 3 dismissals

The April-June period brought 7 new cases against reporters.In the past three months 3 new cases were opened. 2 cases against reporters resulted in convictions, 3 of them in dismissals; 17 of them are pending.

Having started negotiations for EU accession on Sep. 3, Turkey has agreed to make necessary changes in its legal system, but journalists are still brought before a military court. Following the Military High Court decision that the case "could not be seen in a civilian court", Abdurrahman Dilipak and three other journalists from the Islamist magazine "Cuma"are being tried at the 3rd Circuit of Hasdal Corps Military Court. The writers are being charged with "undermining the military chain of command."

RTUK: "3 bans "and "fines"

The 9 new members of the Radio and Television Supreme Council, who were nominated by the ruling AKP and main opposition CHP and ratified by the Parliament, imposed lesser punishment on the audio-visual media. RTUK met twice to overview complaints against magazine programs and banned "Kanal D"channel from airing the serial "Ikinci Bahar" for three successive times for over passing the limits of criticism and airing programs against human dignity.

RTUK requested defenses from 8 national television stations, warned 9 and fined 1 for "broadcasting programs with negative effects to child development."

During this period RTUK did not take action against media organizations for "subversion" and "provoking enmity and hate." Only during the first three month period of the year had RTUK given a 30-day suspension of broadcast for such reasons.

During the past three month period RTUK requested 16 explanatory defenses; in contrast to that of 29 in the previous three-month period. The number of warnings issued by the RTUK also declined from 59 to 40 whereas 8 bans were imposed for TV programs.

Kurdish and Laz language banned from local broadcast

Despite the positive response by Erdogan to the Citizens Initiative's criticisms that the "RTUK has with irrelevant excuses prevent Kurdish broadcasting in local media for 7 months," 10 TV channels and radio stations are still awaiting permission to start broadcast in languages other than Turkish.

TRT (state television) has been broadcasting in Bosnian, Kirmanci, Zaza, Arabic and circassian for over a year. Broadcasts in Laz language have not been permitted.

ECHR fines 113 thousand 120 YTL

The lawyer-writer Huseyin Akgun, who exposed threats against him by the Tunceli Gendarme Commander both at the Tunceli Bar association and Elazig Human Rights Association, is still being tried.

The European Human Rights Court fined Turkey a total of 8,500 euros for two claims concerning freedom of speech. (EÖ/YE)