Writer Magden Acquitted on Two Cases

Journalist and writer Perihan Magden has been acquitted in two separate trials where she was charged for committing insult through written criticism and attempting to influence a fair trial.

In both cases the court decided that the elements of an offense had not taken place.

"I am very very happy" Magden said after hearing the verdicts of an Istanbul Criminal Court of First Instance.

Yet her happiness came with caution and a bitter acceptance of the circumstances in Turkey.

Speaking to journalists in front of the justice hall, Magden said article 288 of the Turkish Penal Code was as problematic as the more discussed article 301.

Noting that some court cases in the country like hers were continuing after eight years, Magden said the judiciary process was clogged up and that there were inherent risks to writing anything on certain issues.

One case against Magden was launched in relation to her criticism, in writing, of the chief suspect of the murder of Santa Maria Church Priest Andrea Santaro and his father.

Defending her article on the Santaro murder issue, Magden told the court that she had written it for the weekly "Yeni Aktuel" magazine in the form of criticism and not for insult.

The judge decided that the elements of an offense had not taken place and that Magden should be acquitted on the insult charges.

The other charge leveled against Magden was "attempting to influence a fair trial" in an article she wrote about Pinar Selek, a woman defendant who was accused of involvement in the June 9, 1998 Spice Market bombing in Istanbul, then found innocent and acquitted.

Magden told the court that she was critical of an eight year court case for "Who is Pinar Selek" but that there was no intention of committing an offense in her article.

The judge decided that the article was within the limits of criticism and that it should be evaluated under the freedom of expression. (EO/TK/II/EU)