The Istanbul 12th High Criminal Court decision based on a request made by the Public Prosecutor's Office was relayed to the newspaper on August 4, effectively banning it from print for a stretch of 15 days as of August 5, Saturday.
Contemporary Journalists Association (CGD) Chairman Ahmet Abakay, Human Rights Association (IHD) Istanbul Branch Chairwoman Hurriyet Sener and Democratic Society Party (DTP) Deputy Chairman Hasip Kaplan reacted to the decision as a spokesman for the newspaper warned they were considering an application to the European Court of Human Rights (ECHR) if the persecution continued.
Firat: If illegality continues we will go to the ECHR
The Court's decision cited article 6 of the Anti-Terror Law allowing the banning of printing and distribution of a publication as preventative measure after concluding that where "the issue of the newspaper subject to offence and the previous issues that have been investigated are evaluated in whole, it is established that the Ulkede Ozgur Gundem continuously publishes content that is propaganda of the terrorist organization".
It said that as a measure the printing and distribution of the newspaper had been suspended for 15 days.
Holding a press conference at the IHD Istanbul Branch on August 5, Gundem's news editor Nurettin Firat noted that the court had based its closure decision on an article of the Anti-Terror Law which President Ahmet Necdet Sezer had himself taken to the Constitutional Court.
Firat said that if the process of what he called "illegality" against the newspaper continued, they would file an application with the European Court of Human Rights.
Saying that the TMY granted authority to prosecutors to rapidly close down newspapers, Firat argued that the penalty of suspending from print had not even gone through a trial proves and that this in itself was not legal.
He referred to a past court case at the ECHR against Turkey which resulted in favour of the Vakit newspaper and said they might do the same.
Sener and Sarisozen: The people will not learn what is happening
IHD's Sener who also spoke at the press conference stressed the newspaper's critical role in reporting on and uncovering human rights violations and counter-guerrilla murders in the Southeast region, saying the decision would prevent the people from being informed.
Veysi Sarisozen, a columnist of Gundem also argued that the sole intention behind the decision was to prevent the people from being informed of developments in the Southeast region.
A number of institutions including the DTP, Socialist Democracy Party (SDP), Education and Science Workers Union (Egitim-Sen), Mesopotamia Culture Center (MKM), Peace Mothers, Science Education Esthetic Culture and Arts Research Foundation (BEKSAV), Gokkusagi [Rainbow], Labourer Womens Association (EKD), Socialist Youth Association (SGD), Public Workers Unions Confederation (KESK) and Association of Solidarity With Prisoner Families (TUAD) supported the press conference.
CGD: We need to work to correct the TMY
Saying that the decision did not come as a surprise, CGD Chairman Ahmet Abakay argued that based on preparations made with laws, Turkey had quite recently entered a period of closing down newspapers and arresting journalists.
"Those who passed this law [TMY] are at fault. The government is responsible for this" Abakay said, adding "Justice Minister Cemil Cicek was saying in relation to this law that he hoped it would not be enforced. Laws are made to be enforced". Abakay said he hoped the President's own application to the Constitutional Court would be a success.
According to the CGD executive, initiatives to amend the TMY were particularly made against publications such as Ulkede Ozgur Gundem and added, "it is not enough to protest the TMY. We need to do everything we can to get this law put into correct shape".
DTP: Freedom of opinion and organization at threat
Another reaction to the closure of Gundem newspaper came from the pro-Kurdish Democratic Society Party. DTP Deputy Chairman Hasip Kaplan said the closure was directed at "restricting the opposition press" and defined the order as being in violation of the Constitution and international conventions which would effect the harmonization period with the European Union. "It is a situation that eliminates the freedom of opinion and freedom of organizing" he said. (EO/II/YE)
