Broadcasting and Print Ban on Hostage Investigation

The Gendarmerie Public Order Corps Command Military Court in Van, in south-eastern Turkey, has put in place a broadcasting and print ban concerning the investigation of the eight soldiers taken hostage by the PKK on 21 October and released two weeks later.

Ban for whole period of investigation

The decision was also announced on the website of the Radio and Television Supreme Commission (RTÜK).

The ban was decided on unanimously in order to "avoid a distortion of the aim of the investigation and misinformation of the public, to avoid giving rise to misunderstandings and in order to safeguard the authority and objectivity of the judiciary."

The decision cited Articles 13 and 28 of the constitution as well as Article 3 of Press Law No. 5187 and includes "activities to obtain, spread, criticise and interpret on information concerning the investigation".The ban is to stay in place until the investigation is completed.

Earlier ban overturned by State Council 

The government had demanded a broadcasting ban on the PKK attack in Daglica/Hakkari two days after the attack, on 23 October, in which 12 soldiers were killed, 17 injured and eight taken hostage. However, the State Council had rejected the demand for such a ban, arguing that the extent of the ban was not clear.

This new ban includes all written and visual press and media institutions. Following the demand of hte Gendarmerie Public Order Corps Command Military Prosecution on Monday (12 November), the military court decided on the ban yesterday (13 November).

"Information and documents need to stay secret"

Parts of the decision read as follows: "Because the event under investigation happened when the unity of the state was threatened and activities aimed at separating state territory from state administration, most information and documents of this investigation need to stay secret for state security reasons." The ban is aimed at "preventing the publication of information which needs to stay secret in order to protect public order, public security and territorial integrity".

Kardas: "Sweeping away press freedom"

The broadcasting and print ban has been criticised by Ümit Kardas, retired military judge and prosecutor. He said that such a general decision was akin to "sweeping away press freedom". Kardas argued that court hearings could be closed to the public, but that a general ban was unnecessary.

Ipekci: This ban will also be overturned

Ercan Ipekci, president of the Turkish Journalists' Trade Union (TGS) has also protested against the ban: "It is not possible to understand why the need for such a ban has been felt." Like Kardas, he argued that closed court hearings and similar measures would have been sufficient. Referring to the State Council's rejection of the earlier broadcasting ban, Ipekci predicted a similar decision concerning this ban.

Abakay: Ban will not be effective

Ahmet Abakay, president of the Modern Journalists' Association (CGD), said: "We don't know what kind of information the court has, but there is no point in these kind of bans anymore. We are faced with a communication reality which overcomes limits. In Turkey, forbidden information can be found out through other channels."

Abakay argued that rumours about secret information would perhaps even reach a wider audience and would misinform the public to a much greater extent. (EÖ/NZ/AG)