Despite the government's claims that journalists are no more indicted for "opinion crime", the court, for the fifth time, renewed the arrest warrant against Özgüden. The judge also decided to order all border check points to inform the tribunal of the outcome of the earlier arrest warrant.
The trial was reported to May 17, 2004.
In this case, the public prosecutor claims a prison term of up to six years against Dogan Özgüden and Emin Karaca, for the articles that they had written to the review Türkiye'de ve Avrupa'da Yazin (Literature in Turkey and Europe) at the 30th anniversary of the execution of three leaders of progressive youth by the military junta.
As for the editor responsible for the review, Mehmet Emin Sert, he risks a heavy fine for having published these articles.
The lawsuit was launched on September 27, 2002, by virtue of Article 159 of the Turkish Penal Code. This article is applicable to any criticism against the Army, the government and the security forces if it is considered "insult" by the prosecutor.
In spite of some recent changes in its text for respecting the criteria of Copenhagen, Article 159 still remains in force as a repressive arm in the Turkish Penal Code.
The Parliamentary Assembly of the Council of Europe, at its plenary meeting on January 28, 2003, adopted a recommendation on the freedom of expression in the media in Europe. After having noted that "legal proceedings against journalists continue in Turkey", the European assembly gave as example the lawsuit brought against Özgüden and his two colleagues in Turkey.
In addition, Reporters Without Borders (RSF) immediately protested against the indictment of the three journalists. "If these journalists are condemned for insult to the army, Turkey will betray the commitments which it undertook towards the European Union", declared Robert Ménard, secretary-general of RSF, in a letter addressed to the Turkish Minister for Justice.
Reacting against Özgüden's indictment in Turkey, the National Secretary of the General Association of the Professional journalists of Belgium (AGJPB), Mrs. Martine Simonis, sent a message of protest to the Turkish Minister of Justice and to Mr. Louis Michel, Belgian Minister for Foreign Affairs.
Mr. Louis Michel had answered the letter of Mrs. Simonis on January 23, 2003, in these terms: "I entirely share your concern and I regret noting that Turkey still carries out lawsuits against the freedom of expression. According to informations obtained by my services, the risk of imprisonment is limited for the interested party, since there is no international warrant of arrest launched against him in the pending case. However, the risk undoubtedly remains for earlier cases against him. I asked our ambassador in Ankara to follow closely this specific case of Mr. Özgüden."
Already more than 17 months passed since the opening of this scandalous trial en Turquie. In spite of the protest from European institutions and the intervention of the Belgian Minister for Foreign Affairs, the judicial and governmental authorities of Turkey always turn deaf ear to these warnings.
Ten journalists are still in Turkish prisons
The platform for Solidarity with the Detained Journalists (TGDP) has recently announced that, in spite of the governments claim of rapid democratization, still ten journalists are in Turkish Prisons.
The identities of the journalists in prison:
1 - Memik Horuz (newspaper Isci-Köylü), sentenced to a prison term of 15 years, in the prison Type-F of Tekirdag.
2 - Nurettin Sirin (newspaper Selam), sentenced to a prison term of 15 years, in the prison Type-F of Kandira.
3 - Sinan Kara (newspaper Datça Haber), sentenced to a prison term of 4 months, in the prison of Urla,
4 - Erol Zavar (review Odak), sentenced to a prison term of 20 years, in the prison Type-F of Tekirdag,
5 - Erdal Tan (review Odak), sentenced to a prison term of 12,5 years, in the prison Type-F of Tekirdag,
6 - Bülent Genç (newspaper Emegin Bayragi), sentenced to a prison term of 12,5 years, in the prison Type-F of Edirne,
7 - Mehmet Emin Tastan (newspaper Ozgur Halk), under detention in the prison of Mersin,
8 - Özgen Is (newspaper Mücadele Birligi) , under detention in the prison of Metris,
9 - Hatice Duman (newspaper Atilim), under detention of the prison of Gebze,
10 - Kemal Evcimen (newspaper Karadeniz), under detention of the prison type-F of Sincan.
In its press release, the TGDP says: "In such a process marked by the frequent pronounciation of the word of democratization, journalists opposing to the regime are still kept in prison for their thought, tried by the state security courts (DGM) and sentenced to prison terms of more than ten years.
"Some of these journalists are indicted on the pretext that they took part in or gave aid to terrorist organisations or acts of violence.
"Moreover, the publishers and editors of the progressive, patriotic and socialist media are subjected to pressure under the menace of heavy imprisonment and astronomical fines for the articles that they publish.
"Unfortunately, the professional journalist organizations do nothing for defending the freedom of expression of these journalists of opposition." (Cumhuriyet, February 10, 2004) (NM)
