Censorships New Trend Influencing Judgment
The writers will stand trial next year for criticizing an Istanbul court's decision to cancel a conference on Ottoman Armenians that was to have been held at the Bogazici University.
Newspaper's Kiziltepe case to continue on January 31, 2006
Mehmet Sucu, the editor-in-chief of the Cumhuriyet newspaper, the newspaper's owner Ilhan Selcuk, general manager Ibrahim Yildiz, and journalist Ilhan Tasci, who wrote the news report, have been charged for discussing the contents of the indictment and the discrepancies in the file in the Kiziltepe investigation into the deaths of 12-year-old Ugur Kaymaz and his father in Kiziltepe in the province of Mardin in November, 2004.
An Istanbul court continues to try Cumhuriyet journalists and officials, who are charged on grounds of the 1st and 2nd paragraphs of article 19 of the Press Law No: 5187 and article 119 of the old Penal Code.
The court postponed the hearing to January 31, 2006 to allow time for the prosecutor to prepare the deliberation about the fundamentals. Only the newspaper's lawyer Bulent Utku was present at the hearing.
"Ugur Kaymaz, when killed, was about my son's age," Sucu had said during his statement. "Not stating the facts about the incident would be a betrayal of my son, myself and my job, which requires me to write the truth."
Five writers stand trial for criticizing the cancellation of the conference
A case has been brought against Ismet Berkan, the general manager of the "Radikal" newspaper, and writers Erol Katircioglu, Murat Belge, Haluk Sahin and Milliyet writer Hasan Cemal, following a complaint by lawyer Kemal Kerincsiz, a member of the board of directors of the Lawyers' Union, and six other lawyers.
The journalists, who argued that "canceling the conference is a blow to freedom of thought," face up to 10 years in prison if found guilty. The first hearing will be held on February 7 in an Istanbul court.
What does the law say?
Article 288, on "Attempting to influence fair judgment," states:
"(1) An individual, who publicly makes an oral or a written statement with the aim of influencing the prosecutor, judge, court, experts or witnesses before the investigation or the trial ends through a final verdict, will be sentenced to six months to three years in prison.
(2) If this crime is committed through the media, the punishment is increased by half."
Article 19 of the Press Law on "Influencing Judgment" states that:
"(1) The individual who publishes the contents of the documents on the procedures of the Republic prosecutor, judge or court, or other documents about the investigation during the period that starts with the preliminary investigation and lasts until a judicial decision to abate an action has been taken or the public lawsuit has been launched, will be fined 2 billion Turkish liras (USD 1,500) to 50 billion Turkish liras (USD 37,000). For regional publications, this fine cannot be less than 10 billion Turkish liras (USD 7,400), and for widespread publications, the fine cannot be less then 20 billion Turkish liras (USD 15,000).
(2) Until a final verdict has been reached, individuals who publish deliberations about the case or the procedures of the judge or the court, will be fined as stated in paragraph 1." (EO/TK/EA/YE)