301 For Accusing Village Guards?

After reporting on the claim that village guards were using state bombs to hunt fish, a villager, a reporter and a human rights activist are on trial for "denigrading the state".

Erol Önderoğlu

Because they claimed that "village guards use state bombs to hunt fish", reporter Rojda Kizgin of the Dicle News Agency, Ridvan Kizgin, former president of the Bingöl branch of the Human Rights Association (IHD) and the inital person making the claim, Dogan Adibelli, have been taken to court at the Criminal Court of First Instance in Bingöl, southeastern Turkey.

Article 301/2

Following the complaints filed by seven people, initially the Bingöl Criminal Court of Peace tried the three under Article 301/2 for "denigrading the state of the Turkish republic and the army and police forces". Between six months and two years imprisonment were demanded.

At the last hearing on 22 November, Dogan Adibelli was not present, but Rojda Kizgin and Ridvan Kizgin were. They are being tried without detention.

Özen: Claims need to be investigated

Defense lawyer Servet Özen from the Diyarbakir bar association criticised the fact that a trial was opened under Article 301. He said: "Village guards are not part of the security forces. In addition, if there is something to be investigated, it is the claim that has been made."

The Bingöl Criminal Court of Peace has decided to hand the case over to the Criminal Court of First Instance.

Complaints filed by village guards

On 4 January 2005, a villager had applied to the IHD Bingöl branch. DIHA reporter Kizgin had written an article about the villager's claim and the statements of Ridvan Kizgin on behalf of the IHD.

The article drew attention to the fact that the dangerous act of using bombs was even more drastic because the bombs belonged to the state. Following the article, the village guards filed a criminal complaint against the villager, the reporter, and the then IHD president.

Article 301 heavily criticised

The recent EU Progress Report has criticised the continuing use of Article 301, under which more than 100 people have been put on trial in the two and a half years of the law being in effect.

According to the draft prepared by the Ministry of Justice, it is suggested to change the expression "denigrading Turkishness" to "denigrading the Turkish nation". In addition, it is suggested that opening a trial under Article 301 should be subject to the permission of the Ministry. (EÖ/AG)

Origin

Bıa news centre

Erol Önderoğlu

[email protected]

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A graduate of the French Language and Literature Department at İstanbul University. He has served as the Turkey representative for the international organization Reporters Without...

A graduate of the French Language and Literature Department at İstanbul University. He has served as the Turkey representative for the international organization Reporters Without Borders (RSF), where he began as a reporter in 1996. Since 1999, he has worked at bianet, a project of the IPS Communication Foundation, as the coordinator of the Legal Support Desk, editor for freedom of expression, and editor-in-chief. He has authored more than 4,800 signed news articles and opinion pieces. He has also written for Bizim Gazete and the journal Güncel Hukuk. He currently prepares the Media Monitoring Reports at bianet.