The Izmir DGM, citing the absence of the judge, postponed the hearing until November 11.
The journalists face up to three years in prison
Kemal Mutlu, the owner of the "Dersim" magazine, and editor-in-chief Ali Ekber Coskun face up to three years in prison if found guilty. Mutlu, Coskun and their lawyer Ercan Demir were present at the hearing.
Judge Hasan Dinc, on May 8, 2003, had ordered the confiscation of the "Dersim" magazine because of five articles published in the second issue. The magazine was first published in April 2003.
The articles, "Calling on our Institutions and Intellectuals," "Honor Award of the Festival," "Birth at Dersim, "A country Addicted to Freedom," "Dersim and Alawi Violations after the Ottoman Empire throughout the Republic," are about the 1937-38 period known as the Dersim Revolt, and events that took place during that period.
Demir: The indictment and study are incomplete
Lawyer Demir criticized the state prosecutor who presented a study about the issue on July 29. "When the articles are examined, (it can be seen that) certain historic realities are willfully misinterpreted, the articles are worrisome for the society and some articles target national establishments," the state prosecutor had written.
Speaking at the court, Demir said the indictment and the study claimed a crime was committed. But neither the indictment, nor the study says which sentences or sections in the articles are problematic, said Demir. The journalists do not know the essence and the reason of the crime they are accused with, Demir added.
"This is against EHRA"
Demir said this problem was not taken into account in the previous hearing. This is against part 3-a of article 6 of the European Human Rights Agreement, which requires that "every defendant should be told in detail and in a language that he/she will understand, about essence and the reason of the accusations directed at him/her," said Demir.
Mutlu and Coskun said they agreed with the written vindication presented to the court by their lawyer and asked to be acquitted.
Decision was postponed
Judge Mehmet Erden Yandimata, who was replacing judge Dincer Cengiz in his absence, ruled that the court would wait for judge Cengiz and postponed the hearing until November 11. (EO/BB/EA/NM)
