News of 3 Journalists allegedly Assisted Illegal Organization

Erdoğan Altan, Batman Representative of the Dicle News Agency (DİHA), Diyarbakır Representative Kadri Kaya and Mehmet Karabaş of the Batman Post newspaper are being prosecuted on the grounds of their news items that were broadcasted on the Kurdish television channel Roj TV and the Denge Mesopotamia Radio.

The indictment was prepared on 13 September. The first hearing of the case that involves a total of seven defendants including the three journalists was held before the Diyarbakır 7^th High Criminal Court on Wednesday (2 November).

Altan, Kaya and Karabaş are charged with "assisting an illegal organization" according to Articles 220/7 of the Turkish Criminal Law (TCK) and 5/1 of the Anti-Terrorism Law (TMK) and "making propaganda for an illegal organization" as stipulated in Article 7/2 TMK.

Karabaş could not be brought to court for the Wednesday hearing because of an arrest warrant. He was released pending trial on Thursday (3 November).

The request for a defence speech in Kurdish made by Altan and Kaya was rejected by court. When their lawyer Reyhan Yalçındağ gave his opinion on the indictment, he pointed out that the number of arrested journalists in Turkey exceeded the figures of Iran and China. Yalçındağ referred to the 2011 reports of the OSCE and the International Press Institute.

"They are being prosecuted because of their journalistic activities"

Journalists Altan and Kaya are facing imprisonment of between ten and fifteen years. The case was adjourned to 28 November.

Lawyer Yalçındağ evaluated the hearing for bianet.

The lawyer stated that the trial bore a problem of attitude in terms of freedom of expression and the profession of journalism. According to Yalçındağ, his clients are being prosecuted on the grounds of their journalistic activities.

He added, "We are encountering a perception of contractor and wholesaler in this case. Photographs taken by Erdoğan Altan at press releases in Batman, at funeral ceremonies he attended and at Kurdish memorial services are being accepted as evidence. Yet, journalists are not responsible for the way an incident happens but for conveying the incident. In order to prove "propaganda for an illegal organization", the prosecution regards utterances like 'the recognition of the identity of the Kurdish people' and 'lifting death penalty' as a contribution to the aims of the organization. There are seven citations concerning the abolition of executions in the indictment. It is said 'The organization has the aim to abolish death penalty and you have such an aim too'. However, death penalty was abolished ten years ago".

The bone of contention

On 17 April, Altan, Kaya and Karabaş and another five people were taken into custody under allegations of propaganda and of having made exaggerated news about operations in Diyarbakır. The news were broadcasted by Roj TV and the Denge Mesopotamia Radio.

Subsequent to the procedures of the prosecution, suspect İbrahim Kaya was released on 19 April. It was decided to try three people un-detained, among them Mehmet Karabaş. Four people were arrested, including Erdoğan Altan and Kadri Kaya. Later on, an arrest warrant was issued about Karabaş. He was caught in Istanbul on 22 May and taken to prison. (EG/HK/VK)