Only Effective Judiciary Can End Threats against Agos Newspaper
Most of the threats aimed at Agos newspaper founder Hrant Dink prior to his assassination in 2007 were not legally sanctioned. Fethiye Çetin, joint attorney of the weekly newspaper publishing in Turkish and Armenian, pointed out the internet is a medium very difficult to control and said that threats via the internet have increased despite a number of positive court decisions. Most recently, a hacker forced access to the website of Agos and posted a photograph of Dink murderer suspect Ogün Samast.
Çetin indicated that subsequent to the murder of Dink, the approach of the main stream media has changed. "Racist groups in particular publish hate speeches and organize racist attacks via the internet", Çetin stated.
Problematic approach of the judiciary
The Turkish Criminal Code (TCK) orders prison sentence for entering the IT system illegally and obstructing its operation.
In lawyer Çetin's opinion, the recent incident related to the Agos website comprises a number of additional crimes, namely inciting the public to hatred and hostility, praising crimes and criminals, threat and insult.
The text posted on the website included sentences like "You either like it or you leave". It furthermore voices threats concerning similar murders in the future.
According to Çetin, the perception of crime is the reason for the inefficiency of the judiciary. "Immediate action can be taken for a number of crimes. However, there is no mindset to oppose crimes that really obstruct our lives and that sabotage our common future".
Positive decisions
Dink had received several threats prior to the murder, none of which was sanctioned. After the murder, newspaper lawyers received threats via the internet in particular but their applications related to the threats were not considered.
After the murder on the other hand, the courts issued decisions with intimidating potential in four different cases. The Şişli (Istanbul) 2nd Magistrate Criminal Court sentenced Kenan Celepoğlu to a monetary fine of 8,000 Turkish Lira (TL) because he sent e-mails to the newspaper which contained insults, threats and racism. The court could identify Celepoğlu upon the lawyers' application regarding messages sent by an unknown person.
On 28 May 2009, the Şişli 1st Criminal Court of First Instance handed down a three years and three months prison sentence to Muhammet Karayı because he had threatened the newspaper staff and Armenian people by e-mail on 25 January 2007.
Zafer Filiz received a three years prison sentence from the Şişli 9th Criminal Court of First Instance on 20 March 2008 by reason of threatening the newspaper twelve days after the murder of Hrant Dink.
The same court sentenced 19-year-old Rıdvan Doğan to two years imprisonment on the grounds of threats sent to the newspaper subsequent to the murder; the court decided to suspend the sentence. (BÇ/EÜ/VK)