BIA2's report comes at a time when the "Regulation on Broadcasts in Languages and Dialects Other than Turkish," is approved, the Press Law is being debated, the "Regulation on Right of Access to Information," is expected and when the members of the Radio and Television Higher Board (RTUK) are still under the military's influence.
In the 10-page report, the rights violations are tackled with under the titles of: "attacks and threats," "trials and attempts," "European Court of Human Rights," "RTUK implementations," "regulations and seeking judgment," and "censorship and monopolization."
In January, February and March on 2004, RTUK ordered "Gunes TV" (Sun TV) in Malatya, "Ozgur Radyo" (Free Radio) in Istanbul, "Serhat TV" in Kars and "ART TV" in Diyarbakir off the air for a total of 120 days for "violating the principle of indivisible unity" and "inciting hatred in the society."
During the three-month period, RTUK ordered a total of 21 programs off the air, handed out 39 warnings and asked for defense statements for 19 programs. Most of the television channels involved were national.
RTUK based its decisions to order programs off the air on national television and radio stations on regulations in the RTUK law on: "development of children and the youth," "the intangible individuality of persons," "national moral values of the society and the Turkish family structure," "objectivity and truthfulness," "indirect evidence of innocence," "unjust aim," "organizing competition programs through the telephone," and "national security."
"Gun FM" and "Gun TV" from the province of Diyarbakir, "Radyo Dunya" (Radio World) from Adana, "Radyo Imaj" (Radio Image) from Ankara, "Radyo NET" (Radio NET) from Sanliurfa and "Radyo Ses" (Radio Voice) from Mersin, as well as the Diyarbakir Bar applied to the Council of State for the cancellation of the "Regulation on Broadcasts in Languages and Dialects other than Turkish."
The interrogations about nine reporters, including five local reporters, attacked by security forces in Diyarbakir; NTV reporter Hilmi Hacaloglu, who was beaten up under detention in Istanbul; television football commentator Ahmet Cakar, who was shot and wounded; and threats and protests against the Armenian "Agos" newspaper in Istanbul, ended with no outcome.
"Ozgur Radio" applied to the European Court of Human Rights after RTUK ordered it off the air. As a result of the ECHR decision, Turkey will pay Haluk Gerger 7,000 euros. Sinan Kara's application to the ECHR has been rejected.
RTUK's warning to the national television channel "ATV" because of a news story on Omer Ipek, who sings Kurdish songs, and the penalty to "Ozgur Radio" to stop broadcasts for 30 days, have been overturned.
Four cases against Diyarbakir's "Gun FM," and "Gun TV" for playing "banned songs" were dropped. The Supreme Court of Appeals overturned the court decision to hand Asiye Zeybek Guzel, a former employee at the "Atilim" (Advance) newspaper, a prison sentence of 12 years and six months.
The Supreme Court of Appeals is still handling the one-year prison sentence handed to Sabri Ejder Ozic from "Radyo Dunya." The responsible managing editor of the "Yeniden Ozgur Gundem" (Free Agenda Again), was sentenced to 25 months in prison and was handed a fine of 478 billion Turkish lira (USD 350,000). A total of 315 cases were brought against "Yeniden Ozgur Gundem" which remained open for 545 days.
Ruhat Mengi, a writer for the daily "Vatan" will have to pay Professor Sulhi Donmezer 40 billion Turkish lira (USD 30,000) in compensation, because she criticized the Turkish Penal Code. Three newspapers in Ardahan had to pay 5 billion Turkish lira (USD 3,700) for publishing a story. The fine of 23 billion 850 million Turkish lira (USD 17,500) handed to Muharrem Nas of the "Ozgur Siirt" (Free Siirt) newspaper, was postponed.
Berna Aktas of "Mus Haber" (Mus News) and managing director Faruk Aktas were sentenced to a year in prison each for publishing stories that included allegations of irregularity. The prison sentences were later commuted to fines and then postponed. Muharrem Cengiz, the owner of the "Kultur Sanat Yasaminda Tavir" (Attitude in the World of Culture and Art) magazine, was arrested.
Caricaturists Seyit Saatci and Askin Ayrancioglu, who have been standing trial for three years, and Seyfullah Karakurt from the "Anadolu'nun Sesi" (Anadolu's Voice) were acquitted.
The heads of the monthly "Dersim" magazine," three reporters of the Dicle News Agency (DIHA), Dogan Ozguden, Emin Karaca and Mehmet Emin Sert from the "Yazin" (Literature) magazine, and Fikret Baskaya are still being tried.
Savas Ay from "ATV," and news program director Mehmet Akif Koskun were sued for "openly insulting the intangible individuality of the courthouse." The two face prison sentences of up to nine years. (EO/EA/YE)
