Activists Acquitted on Condemning Military

Eight rights activists and members of professional associations who had publicly condemned the General Staff's "e-warning" on its Internet site, published in the night of 27 April, have been acquitted. The peace court in Sanliurfa, in south-east Turkey, decreed yesterday (16 July) that "there was no evidence of a crime" and that the press release by the accused was "within the framework of legitimate criticism and the freedom of expression".

Wrong people on trial

Mustafa Arisüt, branch president of the Association for Human Rights and Solidarity with the Oppressed (MAZLUMDER) and one of those on trial, evaluated the decision as "positive". However, he maintained the demand for those publishing the warning to be prosecuted. He added that the fact that those condemning the warning had been prosecuted was wrong.

The activists had been prosecuted for "degrading the army" under Article 301 of the Turkish Penal Code. In a press release entitled "Military Interference in Politics is Unacceptable", they had said: "It is unacceptable that the army, which is fed and armed with modern weapons through the taxes of Turkey's people, becomes known as a 'coup/memorandum' army domestically and abroad."

Those on trial were: Mustafa Arisüt (MAZLUMDER), Gulay Koca (branch president of the Human Rights Association), Ömer Avci (Sanliurfa Lawyers' Association), Ibrahim Ayhan (Confederation of Trade Unions of Public Employees- KESK), Ahmet Kaytan (Confederation of Trade Unions of Civil Servants - MEMURSEN), Atilla Yazar (Union of Turkish Engineers and Architects' Chambers - TMMOB), Salih Samak (RUHA-DER) and Sadik Demir (branch president of trade union GENEL-IS).

Unsuccessful suit against General Staff

Indeed, NGOs in Diyarbakir, a province in south-east Turkey, have brought the General Staff to court for the memorandum. The Diyarbakir Bar Association, the Diyarbakir branch of the Human Rights Association, and the Diyarbakir branch of MAZLUMDER have sued the General Staff for the memorandum published on its website. The memorandum had implied the threat of a military coup.

However, an administrative court in Ankara has decreed that the memorandum was "not a warning, but a press statement with administrative content". (EÖ/EÜ/AG)