‘Fikret Başkaya Charged with Propagandizing for an Organization That He Did Not Name’

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Writer Fikret Başkaya, the Chair and Founder of the Turkey and Middle East Forum Foundation, had his first hearing at the Ankara 21st Heavy Penal Court today (March 21).

Speaking to bianet, Başkaya's attorney Levent Kanat has stated that the prosecutor requested time to present the opinion as to the accusations and the court board has adjourned the next hearing to September 10, 2019.

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A lawsuit was filed against writer and former academic Fikret Başkaya on charge of "propagandizing for a terrorist organization" as per the Article 7/2 of the Anti-Terror Law (TMK) due to his article "The Real Terror is the State Terror' published on the website of Free University (ozguruniversite.org), which is affiliated with the Turkey and Middle East Forum Foundation. 

In addition to this article published on November 7, 2016, the photographs found during the search of his house and his articles were also cited the justification for the lawsuit.

'It cannot be a call for violence, he is against violence'

Lawyer Başkaya has stated that the presiding judge of the court asked questions to Başkaya about the expressions used in his article:

"In his article, Başkaya refers to the resistance of the Palestinians against Israel and tells that Kurds also resist and react to violence in Turkey. Presiding Judge asked Başkaya 'what he meant by the phrase of reacting.' Başkaya stated that he explained the right of resistance."

Indicating that the court hinted at a call for violence, he has added, "In fact, Başkaya is someone who always says that he is against violence and terror."

'37 pages of 42-page indictment not related to Başkaya'

In his first hearing held today, Başkaya also stated that "he is an intellectual and it is not a crime to express his opinions." Başkaya and his attorney Kanat also presented their statements to the court in written form.

In his written statement of defense submitted to the court, lawyer Kanat detailed the content of the indictment and emphasized that 37 pages of the 42-page indictment were not related to Başkaya:

"As for the last page of the indictment, it solely contains the request for penalization. Therefore, 37 pages of 42-page bill of indictment contain information that has nothing to do with the client, but gives information about the organization, for which he is charged with propagandizing, and the legislation and legal precedents regarding the offense charged."

'Prosecutor presented his political evaluation'

In his written statement of defense, lawyer Kanat also argued,

"The Prosecutor's Office did not make any legal evaluations as to which exact parts of the article subject to investigation constituted the elements of which exact crime. As for the evaluation made in the indictment, it is not a legal evaluation, but a political one, advocating the opinions opposing the ones expressed in the article."

'No name of organization in the article'

In the statement of defense, it was further underlined that the name of the 'terrorist organization', for which Başkaya has been charged with propagandizing, is not mentioned in his article:

"Nowhere in the article, which has become the basis for the offense charged, is the name of the PKK [Kurdistan Workers Party], for which his is charged with propagandizing, mentioned.

"In this case, Başkaya is charged with propagandizing for a terrorist organization, whose name is not mentioned in his article even for once." (AS/SD)