Change of Prosecutor - Journalist Durukan's Trial Postponed

On 15 June, the trial against Milliyet newspaper journalist Namık Durukan was continued at the Istanbul 10^th High Criminal Court. Durukan is tried on the grounds of his article entitled "Even a general amnesty will not make us put down our weapons". The news item conveyed the referring statement of Duran Kalkan, executive of the militant Kurdistan Workers Party (PKK) ,delivered to the Fırat News Agency (ANF).

Postponed to 21 September

A new prosecutor, Bilal Bayraktar, has been appointed to the case. He requested additional time in order to prepare a new final plea.

Thus, the hearing attended by defendant Durukan and his lawyer Nurcan Bayraktar did not reach a final decision. President Judge Zafer Başkurt postponed the trial to 21 September.

The case against Durukan and editorial manager Hasan Çakkalkurt was opened on 30 July 2009. Istanbul Public Prosecutor Hakan Karaali, previously in charge of the case, had demanded prison sentences of between 1.5 and 7.5 years for both defendants under charges of "spreading propaganda for a terror organization" according to article 7/2 of the Anti-Terror Law.

The prosecution had furthermore demanded to deprive Durukan and Çakkalkurt of certain civil rights such as their right to vote and to be elected throughout the duration of the sentence.

"The Guerrilla do not put down their weapons

In the news item subject to the trial Kalkan was quoted as saying, "The second man of the terror organization Duran Kalkan says that in case of a general amnesty the organization will not put down their weapons but they will commit to the responsibility", he neither said yes nor no to the allegations put forward in talks with the government. About Republican People's Party (CHP) leader Deniz Baykal's announcement that 'in case they put their weapon down a general amnesty could be possible', Kalkan said, "The solution of the Kurdish question is not a question of general amnesty. The Kurdish people does not consider such a situation for the PKK and the guerilla. Even if a general amnesty would be granted also anticipating freedom for Apo [imprisoned PKK leader Abdullah Öcalan], then the PKK would not put down their weapons but may consider declaring a ceasefire, but not to put down weapons, the guerrilla do not put down their weapons", Kalkan argued.

The indictment points to freedom of thought and publication guaranteed by articles 25 and 26 of the Constitution and article 10 of the European Convention on Human Rights. However, "Kalkan's opinions include the call to resort to violence", which does not remain within the limits of the above mentioned guarantees, the indictment says. (EÖ/VK)