The İskenderun (eastern Mediterranean Coast) 2nd Criminal Court of First Instance sentenced Democratic Society Party (DTP) İskenderun District Mayor Mahmut Aydıncı to three months imprisonment on the grounds of referring to Abdullah Öcalan, imprisoned leader of the militant Kurdistan Workers' Party (PKK), as "respectable". Journalist Ersen Korkmaz was acquitted in the same trial.
Both un-detained defendants stood accused of "praising crime and criminals" according to article 215 of the Turkish Criminal Code (TCK). The court took into account Aydıncı's "positive attitude throughout the trial" and mitigated the sentence to two months and 15 days before converting it into a TL 1,500 (€ 715) monetary fine.
The right to quote, the crime of saying "respectable"
In the final speech of the prosecution, Public Prosecutor Ahmet Kara pointed out that journalist Korkmaz quoted the press release without having made any changes to it. According to the prosecutor, the defendant did not have any criminal intent and the publication remained within the boundaries of press freedom. Kara demanded the acquittal of Korkmaz. Regarding Aydıncı, prosecutor Kara claimed that addressing Öcalan as "respectable" was sufficient for the proof of crime.
Further prosecution for contents of a news article
Newspaper owner Korkmaz and DTP district mayor Aydıncı are facing imprisonment of up to three years in another case on the grounds of an article including sentences such as "Closing Imrali Prison and its implementations should be taken seriously for the great contribution it would make to social peace" published on 18 November 2008. The trial was opened on 24 December 2008.
Another trial pending for newspaper owner
Another trial regarding Korkmaz has been pending for six years. He is tried under article 159 of the former TCK by reason of a news item entitled "The Kurdish leaders were taken and delivered to the Fascists" about a panel discussion organized by the Turkish Communist Party (TKP).
Korkmaz and TKP official Necmettin Salaz, originator of the phrase, are facing imprisonment of another three years under charges of "insult and ridiculing of the military". (EÖ/VK)
